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Home My WebLink AboutGeneral Plan, Housing Element UpdatesRESOLUTION NO. 05-193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO CERTIFYING THAT THE ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NUMBER 2002122061) FOR THE COMPREHENSIVE GENERAL PLAN AMENDMENT GPA -2004-01 IS COMPLETE AND IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City Council has reviewed the Environmental Impact Report (EIR) to consider the potential significant impacts that the Comprehensive General Plan Amendment may have on the environment; and WHEREAS, the City Council has held public hearings and considered the comments from citizens, and from representatives from other public agencies and other interested groups on the EIR; and WHEREAS, the City Council has reviewed the responses to comments made at the public hearings and the review period; and WHEREAS, the City Council exercised its independent judgment while considering the information contained in the EIR prior to reaching a decision to approve said comprehensive General Plan Amendment; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby certifies the Environmental Impact Report to be adequate and complete and in compliance with the California Environmental Quality Act and the CEQA Guidelines. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of November, 2005 by the following vote: Vote AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk Members of the City Council Kwok, Lowenthal, Sandoval, Wang, James None None None City of Cupertino Table of Contents Title Page No. Chapter I Introduction I-1 Chapter II Project Description II -1 Chapter III Summary III -1 Chapter IV Environmental -Setting IV -1, - Chapter V Matrix of Policies of the General Plan V-1 Chapter VI Environmental Analysis Section 1 Land Use _ VI -3 Section 2 Circulation VI -6 Section 3 Open Space, Parks and Trails VI -15 Section 4 Visual/Aesthetic Qualities VI -17 Section 5 Air Quality VI -19 Section 6 Public Services and'Utilities VI -21 Section 7 Wildlife and Vegetation VI -29 Section 8 Noise VI -26 Section 9Geology and Seismicity VI -30 Section 10 Floods, Drainage and Water Quality VI -31. Section 11 Population Housing and Jobs VI -32 Section 12 Hazardous Materials VI -34 Section 13 Historical and Cultural Resources VI -35 Section 14 Energy VI -36 Section 15 Minera l Resources VI -37 Section 16 Consistency with Existing Policies VI -38 Chapter VII Other CEQA Considerations' Section l Unavoidable Significant Effects VII -2 Section 2 Significant,Irreversible Changes VII -3 Section 3 Growth Inducing Impacts VII -4 Section 4 Mitigation Measures VII -5 Section 5 Alternatives to the Proposed Project VII -10 Section 6 Effects not Found to be Significant VH -18 Section 7 Cumulative Impacts VII=20 Chapter VIII List of Prepares Chapter IX Sources and References General Plan EIR Chapter I Introduction Page I-1 Introduction Purpose of the Environmental Impact Report (EIR) The City of Cupertino proposes to adopt its updated General' Plan. Under the provisions of the California Environmental Q (CEQA) Quality Act (CE A the adoption of the `General .Plan is considered to ' be a "Project" for Which an Environmental Impact Report (EIR) must be prepared. 1 The EIR is an _informational document. Its primary ; puipose 1 O s. to inform. decision makers and the general public of the potential significant environmental effects of the project the Lead Agency. proposes to approve or carry out;. (2). to identify possible ways to avoid the .significant effects or reduce them to less than significant levels; and (3) to identify reasonable alternatives to the project that would ;feasibly attain the. basic objectives of the project but would avoid or substantially, lessen the significant effects of the project;:. Under Section 15166. of the State CEQA Guidelines, the requirements for the preparation of. an EnvironmentalImpact Report (EIR) on a general plan will be satisfied by combining the general plan -and the EIR into one document or a set of documents, provided that: l) the all the points required to be,in an EIR `as prescribed in Article 9 of the State CEQA Guidelines are addressed and 2) the document contains a section or a cover sheet identifying where the general plan document addresses each of these points. The City of Cupertino has opted for this format for the preparation of the required EIR: � Cuper6 's proposed General Plan is defined in terms of policies. The Matrix in Chapter. V includes all the policies contained in the proposed General Plan. The proposed General Plan provides the framework for future decisions and actions that affect the development in the City and its sphere of influence. If`is a policy document rather than a proposal for a specific development action. Consistent with its .policy function, the General Plan includes programs and implementing strategies to achieve the goals of the :`proposed General Plan.: This Draft EIR addresses the potential environmental impacts at the level appropriate for' a planning document: This isconsistent with Section 15146 of the State CEQA Guidelines which ,.explains that; the degree of specificity on an EIR for a general plan need not be as detailed as that of an EIRprepared fora specific project, ,but that the discussion of the issues should focus on the secondary effects that may result fromm the adoption of the general plan. It should be recognized that some of the policies contained in the proposed General Plan may engender impacts .that may affect the natural and/or built environment, while other policies;programs `and impYementing strategies incorporated into the proposed General Plan will have the effect of being mitigation measures to those potential impacts. This "self -mitigating" feature of the proposed General Plan will serve to reducel those potential significant impacts to less that significant levels. Future development proposals within the City will be subject of their own environmental review, as required by CEQA, and will also be evaluated for consistency with'. the General Plan and .all "other applicable requirements of the City's permitting. process (page 1-6 of the Introduction Chapter of the proposed General Plan). Compliance with CEQA. and Format of EIR The EIR has been prepared in compliance with CEQA. A Notice Of Preparation (NOP) was circulated as prescribed : by CEQA to all the appropriate agencies; interested' parties and the State Clearinghouse. A Scoping Meeting was held on July 2e, 2004, to accept public comments. The EIR has been organized into nine .chapters. Chapter I, Introduction; briefly describes the purpose, format and intended use of the EIR. Chapter II, ]Project Description, provides- a description of the proposed project. Chapter III, Summary of ]Project Impacts and Controversial Issues, summarizesthe project impacts, mitigation 'measures and controversial issues. Chapter IV, Enviroftmental Setting, describes the existing environmental conditions in the regional and local context. Chapter V, Matrix of General Plan EIR Chapter I Introduction Page I-2 Policies of the General Plan, is a matrix containing all the policies of the General Plan. The matrix identifies the exact location of the each policy and directs the reviewer to other sections of the EIR where additional discussion of the potential effects of the policy may be found. Chapter VI, Environmental Impact Analysis, discusses the potential environmental effects of the proposed General Plan. Chapter VII, Alternatives and Other CEQA Considerations, discusses other CEQA requirements, including the discussion of Alternatives to the Proposed Project. Chapter VIII, Preparers, contains a list of the preparers of the EIR. Chapter IX, Sources and References, contains a list of those persons contacted and references used. Intended Use of the EIR This document will be circulated for public review as the Draft Environmental Impact Report (DEIR) for the proposed project (adoption of the General Plan). It will be circulated for public review for the period of 45 days, which will be officially set by the State Clearinghouse. Comments submitted to the City of Cupertino during the review period will be responded to and incorporated into the Final Environmental Impact Report (FEIR). The City Council of the City of Cupertino as the Decision -Making Body for the City will consider the information in this Draft EIR along with other information presented during the decision-making process for the certification of the Final EIR prior to the adoption of the proposed General Plan or Alternative. Should any, unavoidable significant impacts be identified during the project review process, The City shall make Findings and a Statement of Overriding Consideration for each one of such impacts as per Section 15091 and Section 15093 of the State CEQA Guidelines. A Notice of Determination will be filed by the City (Lead Agency) within five (5) working days after the adoption of the General Plan. General Plan EIR Chapter II Project Description , Page II -2 • Mineral Resources Consistency with Existing Plans The EIR also evaluates alternatives to the proposed Project in Section 5 of Chapter VII. General Plan EIR Chapter III Summary and Controversial Issues Page III -1 " A.. Sninnmary of ]Potential.1inpacts and Mitigation Measaares ]Level of ]Proposed Level of Sigh ficance by Significance g'ri®r. to General After Category ory Impact liI<iti�ation 1Vliti�ation Measures Elan ' Mitigation 1. ` Land Use :. Development in accordance with the PS : Policy 2-2 Connections Between Centers des LS General Plan could affect the land and the Community. use densities and the local traffic pattern. Policy 2-3 Crossroads Area Streetscape Plan It would also increase the population and Policy 2-4 Active Spaces affect changes in the visual/aesthetic Policy 2-5 Distinct Neighborhoods qualities of the areas near new developments Policy 2-6 Neighborhood Protection and the community as whole. Policy 2-8 Distinctive; Community Gateways Policy.:2-10 Urban Areas` Policy 2-13 Urban Building Forms .Policy 2-14 Attractive Building and Site Design Policy 2-15 Multi Family Residential Design Policy 2,.-16 Single P' "71 Residential Design : Poli -17 Streetscape Design' ' Policy 2-18 Context of Str6etscape Design Policy 2-20 Diversity of Land Use , Policy 2-21 Unique Neighborhood Character " Policy 2-24 Monta, Vista Policy 2-25 Oak.Valley Pohcy.2-26 Fairgrove Policy 2-27 Heart of, the,City Policy 2-28 Crossroads Area Policy,2.-29 Stevens Creek Boulevard Policy 2-30 Valled Park South. - Policy 2-31 Homestead Road Policy 2-32 Remainder of Neighborhoods ' Commercial Areas Policy2-33 North De Ariza Boulevard Policy 2-34 City Center` Policy 2-35 Vallco Park North Policy 23 Bubb Road 2. Circulation Development consistent with the " PS ;- Policy 4-1 City Participation in Regional Yes LS General Plan would increase traffic - Transportation Planning volumes and possibly degrade the, Policy 4-2 Reduce Reliance -on the use of Single -Occupant existing traffic levels of service (LOS). Vehicles P = Positive LS = Less than Significant PS = Potentially Significant S = Significant SU = Significant Unavoidable General Plan EIR Chapter III Summary and Controversial Issues Page III -2 Level of Proposed Level of Significance by the Significance Prior to General After Category Impact Mitigation Mitigation Measure Plan Mitigation 2. Circulation (Cont'd) Policy 4-3 Cupertino Pedestrian Transportation Guidelines and the Cupertino Bicycle Transportation Plan Policy 4-4 Increased Use of Public Transit Policy 4-5 Traffic Service and Land Use Development Policy 4-6 Roadway Plans that Complement the Needs of Adjacent Land Uses Policy 4-7 Curb Cuts Policy 4-8 Street Improvement Planning Policy 4-9 Safe Parking Lots Policy 4-10 Good Traffic Service on Major Streets Policy 4-11 Traffic Calming On Local Streets Policy 4-12 Limited Street Closures Policy 4-13 School Impacts on Neighborhoods Policy 4-14 Transportation Noises, Fumes, and Hazards To meet intersection LOS policy standards, two capacity improvements are recommended in the Plan under Policy 4-5. These are shown in Table 2-9 on page VI -12 of Chapter VI. 3. Open Space, Parks and Trails The projected increases PS Policy 2-64 Stevens Creek Park Yes LS in the City's residential Policy 2-65 Continuous Open Space population and increases Policy 2-66 Future Use of Blackberry Farm in the work force resulting Policy 2-67 Recreational Opportunities for Special Needs from either expansion of Policy 2-68 Private Open Space and Recreational Facilities existing commercial uses Policy 2-69 Public Use of Private Open Space or from new commercial Policy 2-70 Open Space and Trail Linkages uses could have a significant Policy 2-71 Park Acreage adverse impact on the existing Policy 2-72 Park Walking Distance facilities. Policy 2-73 Recreational Intensity Policy 2-74 Park Minimum Acreage Policy 2-75 Park Design Policy 2-76 Park Access and Visibility Policy 2-77 Acquisition of Surplus School Property Policy 2-78 Park and Open Space Acquisition Program Policy 2-79 Acquisition of Additional Parklands Policy 2-80 School Playing Fields Policy 2-81 New Residential Development in Urban Core Areas Policy 2-82 Require Public Parkland P = Positive LS = Less than Significant PS = Potentially Significant S = Significant SU = Significant Unavoidable General Plan EIR Chapter III Summary and Controversial Issues Page III -3 . ; Level -of Proposed ]Level of Significance by the Significance )Prior to General After Gatmory Impact Mitigation Mitigation Measure Plan . Mitigation 4. VisuallAesthetic Qualities New development in accordance PS Policy 2-13 Urban Building Forms Yes LS with the proposed the proposed Policy 2-14 Attractive Building and Site Design General Plan could adversely Policy 2-15 Multi -Family Residential Design impact the aesthetic Policy 2-16 Single Family Residential Design qualities of the community. Policy 2-17 Streetscape Design Policy 2-18 Context of Streetscape Landscaping 5 Air Quality Construction activities associated PS Policy 5-4 Air Pollution effects of New Yes LS with construction of developments Development consistent with the General Plan Policy:5-5 Air Pollution Effects of Existing could generate significant air quality Development impacts. Policy 5-6 . Wdlking, Jogging and Bicycling Policy 5-8 Use of Open Fires and Fireplaces 6 Public Services and Utilities a. Water Development pursuant with the PS Policy 5-22 CompactDevelopmerit Away from Yes L.S General Plan.will.increase demands Sensitive Areas - on`.the wafer supply. Policy 5-23 Conformance with Watershed -Base Planning and Zoning Policy 5-24 Ground Water Recharge Sites Policy 5-25 Other Water Sources Policy 5-26 Industrial Water Recycling Policy -5-27 Natural Water Courses Policy 5-28 Interagency Coordination Policy 5-29 Local Conservation Policies Similar Region -wide Policies' Policy 5-30 Public Information Effort Policy 5-31 ' Excessive Water Use b. - Wastewater System Increase effluent from potential growth PS Policy 5-45 Coordination with Cupertino Yes LS and Treatment possible under the proposed Generat ` Sanitary District Plan policies. Policy 5-46, Sunnyvale Treatment Plant Policy 5-47 Vallco Parkway _ General Plan EIR Chapter III Summary and Controversial Issues Page III -4 Level of Proposed Level of Significance by the Significance Prior to General After Category Impact Mitigation Mitigation Measure Plan Mitigation d. Schools Potential growth in accordance PS Collect school impact fees from new NO LS with the General Plan could increase commercial and residential development the school population. e. Solid Waste Development consistent with the PS Policy 5-38 Commercial/Industrial Recycling YES LS General Plan will increase the solid. Policy 5.39 Residential Recycling waste stream Policy 5-40 On-site Garbage Area Dedication Policy 5-41 Public Education Policy 5-42 City Recycling Policy 5-43 Re -distribution of Reusable Materials Policy 5-44 Reuse of Building Materials L Fire and Emergency Because of its geographical location PS Policy 6-7 Early Project Review YES LS Services Cupertino may be exposed to Policy 6-8 Commercial and Industrial Fire hazards from both wild and urban fires. Protection Guidelines Policy 6-9 Fire Prevention and Emergency Preparedness Policy 6-10 Multi -Story Buildings Fire Risks Policy 6-11 Residential Fire Sprinklers Ordinance Policy 6-12 Smoke Detectors Policy 6-13 Wood Shake Roof Abatement Policy 6-14 Roadway Design Policy 6-15 Dead -End Street Access Policy 6-16 Hillside Access Routes Policy 6-17 Hillside Road Upgrades Policy 6-18 Private Residential Electronic Security Gates Policy 6-19 Extension of Water Service Policy 6-20 Growth Cooperation Policy 6-21 Fire Fighting Upgrades Needs Policy 6-22 Residential Fire Sprinklers g. Police Services Increase population from new development PS Policy 6-23 Neighborhood Awareness Programs YES LS will increase demands for Police Services. Policy 6-24 Public Perimeter Roads for Parks Policy 6-25 Crime Prevention in Building Design Policy 6-27 Pre -hearing Review P = Positive LS = Less than Significant PS = Potentially Significant S = Significant SU = Significant Unavoidable mna h. Gas and Electricity Development under the General Plan PS ` Policy 5-2 Conservation and Efficient Use of YES LS will make greater demands on the Energy Resources non-renewable resources. Policy 5-3 Green Building Design 7. Wildlife and Vegetation Further development of the hillsides PS Policy 5-8 Public Project Landscaping YES LS could have potentially adverse Policy 5-9 Development Near Sensitive Areas impacts on the existing wildlife and Policy 5-10. LandscapingNear Natural Vegetation Vegetation. Policy 5-11 Natural Area Protection Policy 5-12 Hillside Property Fencing Policy 5-13 Recreation in Natural Areas Policy 5-14 :Recreation and Wildlife Traifs 8. NoiseIncreased population, increased traffic PS Policy 6-51 Freeway Design and Neighborhood YES LS and increased urban activities will raise Noise , the ambient noise levels. Policy 6-52 Stricter State Noise Laws Policy 6-53 Neighborhood Need Priority Policy 6-54 Traffic Calming Solutions to Street Noise Policy 6-54 Noise improvement by Restricting Trucks Policy 6-56 Reduction of Noise from the Hanson.Permanerite Trucks Policy 6-57 Road improvements to Reduce Truck Impacts Policy 6-58 Commercial Delivery Areas _ Policy 6-59 Delivery Hours Policy`6-60. Noise Control Techniques Policy6761 Hours of Construction Work Policy 6-62 Construction and Maintenance Activities Policy 6-63 Sound Wall Requirements Policy6-64 Building Code Sections on Exterior Construction Policy 6-65 Building Code Sections ri Interior Noise " Policy.6-66 Application of Policy, 6-63 to New. Single-family Homes 9 Geology and Seismicity Seismic activity along any of the PS Policy 6-1 Seismic/GeologicReview Process' 'YES LS ' faults traversing Cupertino could cause Policy 6-2 Public Education of Seismic Safety property damage, injuries and possibly :. loss of life: P =positive LS =Less than Significant PS =' Potentially Significant S = Significant SU = Significant Unavoidable 1 General Plan EIR Chapter III Summary and Controversial Issues Page IIl-6 Level of Proposed Level of Significance by the Significance Prior to General After Item Impact Mitigation Mitigation Measure Plan Mitigation 10. Floods, Drainage and Water Quality 11. Population Housing and Jobs Existing uses and structures PS within the flood planes or areas without adequate drainage system could be subjected to flooding. Projected growth in population PS and jobs will create pressures for the development of new housing. Increased population could affect existing traffic conditions, noise levels and increase demands for public services. Policy 6-42 Evacuation Map YES LS Policy 6-43 Flood Insurance Map Rates Policy 6-44 Emergency Response to Dani Failure Policy 6-45 Existing Uses in the Flood Plain Policy 6-46 New Construction in Flood Planes Policy 6-47 Dwellings in Natural Flood Plain Policy 6-48 Hillside Grading Policy 6-49 Stability of Existing Water Storage Facilities Policy 3-1 Housing Mitigation Plan Policy 3-2 Range of Housing types Policy 3-3 Housing Rehabilitation Policy 3-4 Development of Affordable Housing Policy 3-5 Tax Increment Funds Policy 3-6 Housing Densities Policy 3-7 Maintenance and Repair Policy 3-8 Conservation of Housing Stock Policy 3-9 Energy Conservation Policy 3-10 Special Needs Households Policy 3-11 Housing Discrimination YES 12. Hazardous Materials Existing and new commercial and/or PS Policy 6-28 Hazardous Material Storage and Disposal YES industrial uses using hazardous Policy 6-29 Proximity of Residents to Hazardous Materials materials pose potential hazard Policy 6-30 Electromagnetic Fields to the community. Policy 6-31 Alterative Products Policy 6-32 Households Hazardous Wastes Policy 6-33 Hazardous Waste Dumping 13. Historical and Cultural Construction activities associated PS Policy 2-59 Resources with new development could Policy 2-60 disturb potentially valuable Policy 2-61 archaeological deposits, Policy 2-62 paleontological or historical resources. Landmark Rehabilitation Archaeologically Sensitive Areas Native American Burials Heritage Trees YES LS LS LS P = Positive LS = Less than Significant PS = Potentially Significant S = Significant SU = Significant Unavoidable General Plan EIR Chapter III Summary and Controversial Issues Page III -7 Environ ental Setting Regional, Setting The City of Cupertino is located on the southern. portion of the San Francisco Peninsula within Santa Clara County. It lies at the heart of that area of the south peninsula commonly referred to as the "Silicon Valley," a subregion that generally stretches on the north from Menlo Park in San Mateo County to the south to include much of Santa Clara County, where many of the high technology companies are based. Along its northerly boundaries Cupertino is contiguous to the City, of Sun, nyvale`and a`small portion of the City of Los Altos. To the east, Cupertinoshares common boundaries with the. cities of Santa Clara and San Jose. T& the south, it is adjacent to additional portions of the City of San Jose and the City of Saratoga. The westerly boundary and a portion of the southerly border of Cupertino abut the Montebello Ridge of the Santa Cruz Mountain Range, a large portion of which lies within the unincorporated area of the County of Santa Clara. Planning .urea Thetotalarea of the incorporated City of Cupertino is approximately 11.2 square miles. However, Cupertino's Urban Service Boundary or official "Sphere of Influence," as established by.the Local Agency Formation Commission of Santa Clara County covers 12.6 square miles. These lands include unincorporated pockets of land, which are presently under the jurisdiction of Santa Clara County, but may be considered for future annexation by the City of Cupertino. The major unincorporated areas of interest to Cupertino are the foothills; to the west and south of the City. These areas, which extend > beyond the Urban Service Area Boundary and are included in an. approximately 16.2':square mile Planning Area, have 'significant land use implications for the City of Cupertino. The Planning Area also includes smaller, but significant, unincorporated pockets of land scattered within the incorporated City and throughout the Planning Area. The City of Cipertino's Planning Area and Urban Service .Area Boundary are shown in Figure 2-C on page 2-9 of Section2 (Land Use/Community Design) of the General Plan. Topography Cupertino's topography is characterized by relatively level ground rising south toward the higher elevations of the steep and thickly, wooded Santa Cruz Mountains. The urbanized areas of the City cover the moderate, rolling hills and the valley floor at the lower elevations, which gradually slopes toward the San Francisco Bay. The location of the City of Cupertino in the regional context is shown in Figure 2-A (Regional Location) in Section 2 (Land Use /Community Design) of the General Plan. vegetation Cupertino's natural vegetation exists in the relatively undeveloped western foothills and the riparian corridors of Stevens Creek, Permanente Creek, Regnart Creek, Heney Creek and. Calabazas Creek. These areas provide a viable habitatto numerous wildlife, species. Natural vegetation ranging from wooded areas at the higher elevations of the Montebello Foothills to brushlands and grasslands at the lower elevations also provide habitat to yet other varieties of wildlife. See Figure .5-A (Vegetation) on page 5-11 of the General Plan for a visual description' and location of the vegetation. Meteorological Conditions The geographic location and the topography of the area within which Cupertino is located contribute to the mildness of its weather. Cupertino's climatic conditions are characterized by warm, dry summers and relatively cool, wet winters. The year-round ave "rage 'temperature is approximately 58° F, and the normal annual rainfall, which occurs mostly during the period from October to May, varies from 18 to 26 inches. Environmental Assessment of General Plan Policies Section 2 — Land Use/C'nmmvin.*_ POLICY Policy 2-1: Concentrated Development in Urban Areas Concentrate development in urban nodes and selectively include housing with offices and commercial uses where appropriate in designated centers (pg 2-4). Policy 2-2: Connections Between Centers and the Community Provide strong connections between the employment and commercial centers to the surrounding community (Pg 2-4). Policy: 2-3: Crossroads Area Streetscape Plan Create a vibrant, shopping village in the Crossroads area, where commercial and roadway design encourage pedestrian activity (pg. 2-4). DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics City-wide. City-wide To reduce Urban Sprawl. To create community identity, add vitality and improve transportation and circulation. Central To create an commercial area attractive, of the City. pedestrian oriented shopping district within the core com-mercial area of the City. Technical, economic and environmental characteristics shall be addressed in the specific plans. Same as above. Technical, economic and environmental characteristics are contained in the Crossroads Area Streetscape Plan. General Plan EIR Chapter V Matrix Page V-2 DESCRIPTION OF ENVIRONMENTAL SETTING See Section 2 (Land Use/Community Design) of the General Plan. Same as above Same as above 'iigniticant Environmental Effects of the Visual changes in the general area. Potential traffic and circulation impacts. Increased use of natural resources. Increased demands for public services. See Chapter VI for a discussion of the potential impacts. Potential effects on the transportation/ circulation patterns. See Section 2 of Chapter VI for a discussion of Potential traffic impacts. Improvements would not conflict with the Circulation Plan. V Matrix General General Plan EIR Chapter V Ma Page V-3 ENVIRONMENTAL IMPACTS Significant ' " Significant Growth Inducing Mitigation Alternatives to the Proposed EffectS.Found not to be. Impactstive . Environmental ` Irreversible Imp acts Measures Project Significant -effects which can Environmental not be Avoiaed Effects= Increased Imple mentation Construction of Proposed. Alternatives to the proposed The proposed r'o ect would A I The project's potential urbanization. of the project additional commercial, mitigation measures project are - have -no contribution to cant' Changes of " existing vistas. would involve the commitment office/industrial- would reduce the discussed', Chapter VII 'effect on the cumulative impacts in Increase"in ' of nonrenewable space and construction of potential p. impacts to environment. are addressed Chapter VIL population. resources. new housing insignificant See Chapter VII. would result in levels. an increase in population. i i Potential uzpacts ; There"will be no Implementation Capacity Improvements Alternatives to the proposed Same as above. Sarne as above. can be rrutigated . % irreversible resulting of this otic p y will not generate would mitigate project are with the unplementation effects ' form the any growth P otential impacts. " discussed in Chapter VII. of two capacity implementation inducing improvements as of the proposed impacts: recommended on project...- .,page:,I-1.2,of the General Plan. This policy Same as above.. Same as above. Policy is Alternatives to Same as consistent viith the proposed above: Same as 'above. would not the Circulation project are I • generate any Plan. No; discussed in significant: mitigation is Chapter VII. unay.oidable required. impacts. POLICY Policy: 2-4: Active Spaces Encourage active, publicly oriented land uses to locate the urban centers (Pg. 2-7). Policy 2-5: Distinct Neighborhoods Plan for neighbor- hoods that have distinctive edges, identifiable center and safe pedestrian and bicycle access to surrounding uses (Pg, 2-7). Policy 2-6: Neighborhood Protection Protect residential neighborhoods from noise, traffic, light and visually intrusive effects from more intense developments (Pg. 2-7) Policy 2-7: Defined and Balanced Circulation System Define circulation system as a hierarchy of street widths from urban to rural areas. Balance roadway system between automobile and pedestrian/bicycle needs (ng, 2-Rl DESCRIPTION OF PROJECT Location and Statement ofTechnical, Boundaries Objectives Economic and Environmental Characteristics See the Com- To revitalize munity Form the urban Diagram in nodes of the Section 2 (Land City. Use/Community Design) of the General Plan. City-wide I To maintain City-wide City-wide. and develop high quality residential area. To maintain and improve security and the residential qualities of the neighborhoods To promote sharing of roadways. General Plan EIR Chapter V Matrix Page V-4 DESCRIPTION OF ENVIRONMENTAL SETTING To be See Section 2 (Land addressed in Use/Community the plans for Design Section) of the Vallco and the General Plan. Cross- roads Areas. See Section 2 See Section 2 (Land (Land Use/Community Use/Communit Design Section) of y Design) and the General Plan. Section 4 (Circulation) of the General Plan. Same asI Same as above above. Same as See Land above. Use/Community Design Section Significant Environmental Effects of the No significant direct impacts. See Chapter VI of his report for a discussion of the potential impacts. This policy will have a beneficial effect. This policy will have a beneficial effect. This policy would not generate any significant adverse effects. General Plan EIR Chapter V Matrix Page V-5 Effects Found 'Cumulative not to be Impacts Significant not.ne There will be, This policy P y This policy This policy Alternatives to the proposed Effects not found to be This policy, will not significant will`not generate any g will not generate any will not generate any ro ect are project discussed in significant are discussed in contribute to the cumulative an effects resulting significant growth si ficant impacts, Chapter VII. Chapter VII. impacts. from this policy. irreversible inducing . impacts. therefore, no effects. mitigation is required. This'policywould There will be No impacts. No mitigation See Chapter VII• Theeffects will policy This �l not icy not generate any no irreversible required. not be contribute to unavoidable ' effect resulting significant. the cumulative effects. ftorn this impacts. policy. 1 No No irreversible No impacts. No mitigation See Chapter VII. The effects of this policy will No cumulative .impacts. unavoidable I effects. effects. required. not be significant. POLICY Policy 2-8 Distinctive Community Gateways Provide distinctive community gateways at major entry points that create a unique identity for Cupertino (Pg. 2-8). Policy 2-9 : Long Term Growth Boundary Allow modification of the long-term growth boundary only in conjunction with a comprehensive review of the City's General Plan (pg. 2-10). Policy 2-10 : Urban Areas Focus City resourcesin urbanized area where the City has previously agreed to provide service (pg. 2-10). DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics General Plan EIR Chapter V Matrix Page V-6 DESCRIPTION OF ENVIRONMENTAL SETTING Entry points into Cupertino (see To create a unique identity Specific plans See Section 2 (Land for each map in Section 2 (Land for the City'of individual entry.Use/Community Design Section) of Use/Community Cupertino. the General Plan. Design) of the boundaries and policies and the Santa Clara General Plan. logical County Local See Figure 2-C in Section 2 To provide for Addressed in the Same as above (Land future growth City's Use/Community and provide rational annexation Design) of the boundaries and policies and the Santa Clara General Plan. logical County Local community form. Agency Formation Commission (LAFCO) policies. City-wide To reaffirm ExistingCit 's y Same as above. City's previous policies. commitments. Significant Environmental Effects of the This policy will not generate any significant effects. See Chapter VI for a comprehensive discussion of the potential effects to the project.. Modification of growth boundary would not have a direct physical impact on the environment. Potential effects will be addressed during the comprehensive review of the General Plan. This policy will not generate any adverse environmental impacts. General Plan EIR Chapter V Matrix Page V-7 ENVIlZONMENTAL IMPACTS Significant Significant g Growth Mitigation Measures 'Alternatives to the Proposed Effects Found not to be' .; Cumulative Impacts Enirorimental Environmental Inducing project Significant effects which can Irreversible Impacts not be Avoided Effects This This policy p y This policy No mitigation Alternatives to the project P J The effects of this policy` This policy would not policy would not would not.. would not required. area discussed would not be contribute to the enerate an g Y generate any irreversible create any g rowth in Chapter VII significant. cumulative impacts. Map effects. inducing g of this report. Cumulative environmental effects. impacts. impacts are discussed in Chapter VII of this report. Implementation To be Expansion of To determined by Same as above. To be determined by To be determined upon of this policy, determined by a future the growth boundary a`future' a future the implementation will require further environmental could have environmental environmental review as part of the policy. environmental review. growth 1 review as art the General of the General review. impacts: of Plan review. Plan review. None required: Same as This policy None. No unavoidable None. None. above. will not have effects will result any significant from the effects. implementation ,, pf this policy. POLICY Policy 2-11 : Urban Service Area Expansion Work with Los Altos, San Jose, and Sunnyvale, as appropriate, to create boundaries that define logical municipal service areas (pg. 2-10). Policy 2-12 : Annexation of Small, Unincorporated Islands Actively pursue the annexation of unincorporated islands within the City's urban service area, including Creston neighborhoods and other remaining small, unincorporated islands (pg. 2-10). DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics Planning Area. See Figure 2-C in Section 2 (Land Use/Community Design) of the General Plan. See Figure 2-C in Section 2 (Land Use//Community Design) of the General Plan. Policy 2-13: Urban Building Forms Concentrate City-wide. See urban building Figure 2-E in forms in Vallco Section 2 (Land Park, City Use/Community Center and Design) of the Crossroads/Heart General Plan, of the City Planning areas (m. 2 -11) - To examine possibilities for more efficient ways to deliver municipal services. To define the ultimate configuration of the City. To define the visual character of the community, particularly in those high activity areas To be addressed jointly with participating jurisdictions. Addressed in the annexation policies of the City and the Santa Clara Local Agency Formation Commission (LAFCO) policies. Specific Area Plans, applicable City Ordinances and Section 2 (Land Use/Community Design) of the General Plan. General Plan EIR Chapter V Matrix Page V-8 DESCRIPTION OF ENVIRONMENTAL SETTING See Section 2 )Land Use/ Community Design) of the General Plan. Same as above. Same as above. Significant Environmental Effects of the Proposed Project Redefinition of the existing service boundaries could lead to a less costly and more efficient delivery of public services. This would be beneficial result from this policy. Potential impacts would less than significant. The City already serves some of these areas.. This policy could affect the aesthetic qualities the areas. See Section 4 of Chapter VI of this report.. ENVIRONMENTAL IMPACTS Significant Significant :Td Impacts Mitigation Environmental Environmentalgsures 7Mea Potential Effects:which Irreversible s will not can not be Effects contribute to Chapter VII of Avoided the cumulative this report. out of the No significant There would be This policy No environmental no irreversible will not mitigation effects would environmental generate any required. result from the effects resulting growth - implementation from this policy. 'inducing of this policy. impacts. This policy ` There would not Annexation of None wouId not ; be any some of the required. . generate any significant unincorporated `:; unavoidable irreversible areas could _" effects on the effects. result in some environment. minimal growth. General Plan EIR Chapter V Matrix Page V-9 alternatives to Effects FoundI Cumulative :he Proposed not to be Impacts Project Significant= may potential Alternative Potential This policy the project are effects of this will not discussed in policy will not contribute to Chapter VII of be significant. the cumulative this report. out of the impacts of the subject to project. Same as Same as Potential above. above. contribution to the cumulative impacts would be negligible. urban New urban forms New urban Additional- .New building forms may potential forms may mitigation may generate irreversible contribute to` ` measures unavoidable visual effects. the projected willevolve visual effects. impacts will be growth. out of the process: subject to project further: review environmental process. Same as To be The extent of above. determine the potential through "the �contnbution to environmental the cumulative review impacts will be process: subject to further: environmental review: POLICY Policy 2-14 : Attractive Building and Site Design Emphasize attractive building and site design during the development review process (pg. 2-13). Policy 2-15: Multi -Family Residential Design Maintain superior living environment for multi -family dwellings (pg. 2-14). Policy 2-16 : Single Family Residential Design Preserve the character of the residential neighborhoods by requiring new development to be comparable to the existing (pg. 2-14). Policy 2-17 : Streetscape Design Consider unique streetscape choices for different parts of Cupertino (pg. 2-15). DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics City-wide All multi -family residential districts of the City. All single family residential districts within the City. City-wide. To encourage high quality and building design. To provide a quality residential environment for multi -family residential dwellers. To maintain the qualities of the single family residential neighborhoods. To design efficient roadways compatible with the aesthetics qualities of the area. To be addressed in the specific plans for the projects. To be addressed during the project review process. Addressed in the specific plans, City Ordinances and the project review process. Addressed in Section 4 (Circulation) of the General Plan. General Plan EIR Chapter V Matrix Page V-10 DESCRIPTION OF ENVIRONMENTAL SETTING See Section 2 (Land Use/Community Design) of the General Plan. Same as above. Same as above Same as above. Significant Environmental Effects of the Proposed Implementation of this policy would have a positive effect on the aesthetics quality of the City. Beneficial effect. Beneficial effect. Beneficial effect. No unavoidable No irreversible ENVIIZONMENTAL IMPAC 1 N :.. Significant Significant Growth Mitigation Alternatives to the Proposed Environmental Environmental Inducing Measures project effects which can Irreversible Impacts notbe Avoided Effects Implementation This policy There are no This policy not Alternatives to the project are of this policy will not growth inducing will generate any discussed in will not generate generate g any irreversible impacts adverse Chapter VII of any unavoidable associated environment this report. significant effects.' environmental effects. with this al: impacts. policy. No mitigation required. No unavoidable No irreversible No impact. No mitigation Same as above. significant environmental required. effects. effects. No unavoidable No irreversible significant environmental effects. effects. No unavoidable No irreversible significant environmental effects. effects will result from this policy. Same as Same as Same as. above. above. above. Effects Found Cumulative not to be Impacts Significant The potential This policy will effects of this not contribute to policy will not the potential be significant. cumulative impacts of the sed ro'Ject propo p Same as Same as above. above. POLICY Policy 2-18: Context of Streetscape Landscaping In public and private landscaping projects subject to City review, select landscaping designs that reflect the development context (pg. 2-15). Policy 2-19 : Jobs/Housing Balance Strive for a more balanced ratio of jobs and housing units (pg. 2-16). Policy 2-20 : Diversity of Land Use Maintain a city structure of Neighborhoods, Commercial areas Employment areas and Education/Cultural Areas (pg. 2-17). Policy 2-21 ; Unique Neighborhood Character Identify neighbor- hoods that have an architectural style, historical back- ground that DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics City-wide City-wide City-wide City-wide. To integrate new landscaping with the existing to preserve the aesthetic qualities of the areas. To meet the State requirements and to provide housing opportunities for families of all income levels. To attain City goals to develop a balance community. To preserve the unique character of the neighborhoods and the City as a whole. To be addressed in the project plans and the project review process. Addressed in Section 3 (Housing) of the General Plan and the Housing Element Technical Appendix. To be addressed in the area plans, project plans and the permitting process. Addressed in special area Plans Municipal Codes. General Plan EIR Chapter V Matrix Page V-12 DESCRIPTION OF ENVIRONMENTAL SETTING See Section 5 (Land Use/Community Design) of the General Plan. Same as above. Same as above. Same as above. Significant Environmental Effects of the Proposed Proiect This policy will have a beneficial effect on the aesthetic qualities of the community. See Housing Element (Technical Document) in the Technical Appendix of the General Plan. No significant adverse impact. This policy will have a beneficial effect on the community. General Plan EIR Chapter V Matrix Page V-13 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to the Proposed Effects Found not to be' Cumulative. Impacts Environmental Environmental Inducing Measures Project Significant effects which can _ Irreversible Impacts not be Avoided Effects This policy will This policy This policy None Alternatives to the The potential " effects of this . This policy will not contribute to not enerate any g will not will not required. proposed project are 'olio will not p Y the cumulative unavoid"able generate any generate any discussed in be significant. impacts of the significant irreversible growth Chapter VII of proposed protect. environmental environmental inducing this report. See Chapter VII effects. effects. impacts. of this report. Working toward This policy Same as Same as Same as Same as Same as above: theachievement ` would not above. above. above. above. of a more generate any balanced ratio of . .potential jobs to housing irreversible would not environmental generate any effects: unavoidable effects. This policy Same as Same as Same as Same as aboveaSame s Same as .above. would not above: above. above. above. generate any unavoidable significant effects. Same as above. Same as above Same as Same as Same as Same as above'. above. above. above. aboveas POLICY unique neighborhood and develop plans to preserve and enhance their character (pg. 2-18). Policy 2-22 : Neighborhood Street Planning Develop pedestrian - friendly street environments in each neighbor- hood that help create neighbor- hood identity, improve safety, increase Opportunities for social interaction and connections to shopping, schools, recreation and other destinations. (Pg. 2-21). Policy 2-23 : Compatibility of Lot Sizes Ensure that zoning, subdivisions and lot line adjustment requests related to lot size or lot design consider the need to pre- serve neighbor- hood lot patterns (pg. 2-21). DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics City-wide. City-wide. To redirect emphasis from and auto - oriented environment to a more pedestrian oriented environment to improve social interaction. To retain and enhancethe character of the neighborhoods. Addressed in Section 4 (Circulation) of the General Plan. Addressed in the Subdivision and Zoning Ordinance and the Section 2 (Land Use/Community Design) of the General Plan. General Plan E1R Chapter V Matrix Page V-14 DESCRIPTION OF ENVIRONMENTAL SETTING See Section 2 (Land Use/Community Design) of the General Plan. Same as above. Significant Environmental Effects of the Proposed Project No significant adverse effect would result from the implementation of this policy, but a possible benefit could be derived by the neighborhoods from more pedestrian friendly streets. No significant adverse impacts would result from the implementation of this policy. General plan EIR Chapter V Matrix page;.V-15 ENVIRONMENTAL IMPACTS Significant Sitrnificant Growth Mitigation Alternatives to tProject Effects Found not bant Cumulative Impacts Environmental Environmental. Inducing Measures effects which can, Irreversible Impacts not be Avoided Effects This policy,; This policy There are no No Alternative to the potential effects would This policy.would not contribute to not„generate any would not growth mitigation required. proposed project are be not ' the cumulative unavoidable generate any in . discussed in significant. acts of the imp , . significant irreversible -impacts Chapter VII of p proposed project. environmental significant associated this this report. effects. effects. with policy. There would be Same as Same as Same as Same as Same as Same as above. no unavoidable '' above: above. above: above. above. significant effects as'a result of the implementation of this policy: POLICY Policy 2-24 : Monta Vista Retain and enhance Monta Vista as a residential, com- mercial and industrial node, with adequate pedestrian and bicycle access (pg. 22) Policy 2-25: Oak Valley Retain and enhance Oak Valley as a unique neighborhood surrounded by natural hillsides, private public open space (Pg. 2-23). Policy 2-26 Fairgrove Preserve the unique character of the Eichler homes in the Fairgrove neighborhood (pg. 2-24). DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics Located within the north- westerly quadrant of the City, bounded by highway 85, Southern Pacific Railroad, University, Stevens Creek, McClellan Rd. and open space lands at its easterly boundary. Oak Valley neighborhood is located in the northwesterly quadrant of the City within the natural hillside areas adjacent to parks and open space lands. The Fairgrove neighborhood is located within the northeasterly quadrant of the City. To preserve and enhancethe Monta Vista neighborhood as a residential, commercial and industrial node. To protect the unique character of the neighborhood. To protect the unique character of the neighborhood. Technical, economic and environmental characteristics as addressed in the Monta Vista Area Plan and Section 2 (Land Use/Community Design) of the General Plan. Addressed in the specific area plans for the neighborhood. Same as above General Plan EIR Chapter V Matrix Page V-16 DESCRIPTION OF ENVIRONMENTAL SETTING Monta Vista is a unique, historical neighborhood of distinct aesthetic qualities and historical value. A residential development of 178 homes clustered on 67 acres o land with designated park lands developed on 145 acres in a natural setting surrounded by park and open space lands. A unique neighborhood of single family residences of distinct architectural style. Significant Environmental Effects of the Proposed Project Development allocated to the Monta Vista area is modest and can be accommodated without generating any significant adverse effects on the existing environment (see Table 2-A - Development Allocation - on (pg_ 2- 17). This policy would not generate any adverse environmental impacts. See Allocation Table on(pg. 2-17). Same as above. ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternative Environmental Environmenta Inducing Measures to the h l irreversible hnpacts Proposed 7Effects Found Cumulative to be Impactsnificant effects w c can - not be Avoided Effects Chapter VII of e neg g Pro ect effects from this report. This policy There Would, `Potential NO Alternatives to the The potential effects of this Contribution to the cumulative would not , ;: be no growth would mitigation required.' proposed policy would impacts of the generate any significant negligible. project are not be` proposed unavoidable irreversible discussed hi significant. project would ironimntalb li ible signuacant env Chapter VII of e neg g environmental effects from this report. effects. this policy. The effects this Same as Same as above. Same as Same as b eas Same as above. policy would' be above. above. above. similar to the effects of the above policy. Same as above. I Same as above. POLICY Policy 2-27 : Heart of the City Create a positive and memorable image along Stevens Creek Blvd. of mixed use develop- ment, enhanced activity nodes, safe and efficient circulation and access for all modes of transportation (pg. 2-24). Policy 2-28 : Crossroads Area Create an active, pedestrian — oriented shopping district along Stevens Creek Blvd., between De Anza Blvd. and Stelling Road (pg. 2-25). Policy 2-29 : Stevens Creek Boulevard Retain and enhance Stevens Creek Blvd. as a mixed com- mercial, office and residential corridor con- necting De Anza College, Cross- roads, City Center, Vallco Fashion Mall. DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics The Heart of the City lies across the transversal axis of the City. See Community Form Map in Section 2 (Land Use/Community Form) of the General Plan. Located within the central commercial area of the City. See Community Form Map in Section 2 (Land Use/Community Design) of the General Plan. This corridor extends from Highway 85 to the eastern City limits along the east -west axis of the City. To provide a distinct and unique activity node comprised of mixed uses and varying modes of transportation. To provide housing Opportunities within the central area and a pedestrian accessible shopping area. To serve as a transitional element between De Anza College, Crossroads, City Center and Vallco Fashion Center. See The Heart of the City Specific Plan and Crossroads Area Streetscape Plan. To be addressed in the Specific Plan to be prepared for the area and the applicable strategies for the development of the area General Plan EIR Chapter V Matrix Page V-18 DESCRIPTION OF ENVIRONMENTAL SETTING Heart of the City is the core commercial area of the City. It is one of the primary employment and activity centers of the Community. Crossroads is a commercial area that serves both local and regional residents. It is developed with building predominately of one and two stories of varying architectural styles. Addressed in the Stevens Creek Blvd. redevelopment is a wide arterial plan for the street developed with area, a wide variety of uses serving the local and regional areas. Significant Environmental Effects of the Proposed Project Potential impacts on the Levels of Service (LOS), changes in the visual character of the area and increased demands on public services. See Chapter VI of this report for a discussion of the project impacts. Same as above. Same as above. General Plan EIR Chapter V Matrix Page V-19 ENVIRONMENTAL IMPAU r5 Significant Significant Growth Mitigation Alternatives to the Proposed Effects Found not to be Cumulative Impacts Environmental Environmental Inducing Measures Project J Significant effects which can Irreversible Impacts not be Avoided Effects Potential changes Changes in the Additional Mitigation Alternatives to the proposed See Chapter VII of this Implementation of this policy in the local. traffic ; visual development measures have been project are report fora would contribute conditions, changes in the character of the area and will contribute to incorporated discussed in Chapter VII of discussion of this topic. to the cumulative visual character of increase the growth the area into, the General Plan. this report. impacts of the the area and increase demands demands on public of and the City See Chapter proposed project. on public services. services. as a whole. VIL of this report. k Potential effects of Same as Same as Same as Same as Same as above: Same as above. this policy would above. above. above. above. be similar to those of the'above. " policy. Same as Same as Same.as Same as Same as Same as above. above. above. above. above. above. POLICY Policy 2-30 Vallco Park South Retain and enhance Vallco Park South as a large scale commercial area that is a highly regional com- mercial, office and entertainment center (pg. 2-27). Policy 2-31: Homestead Road Create an integrated mixed-use commercial and housing village along Homestead Road, consisting of three integrated areas (pg.2-28). Policy 2-32 : Remainder of Neighborhood Commercial Areas. Retain and enhance neighborhood commercial areas, which provide goods and services neighborhood residents and visitors (pg. 2-29). DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics Vallco South Park is located within the northeasterly quadrant of the City. See Community Form Map in Section 2 (Land Use/Community Design) of the General Plan. To develop a regional com- mercial center comprised of diverse uses, such as, office, industrial, hotels and other revenue producing uses. Homestead Rd. To develop and is located within implement a the plan that northeasterly ingrates and quadrant of the connects the City between Homestead Rd. and Highway 85. City-wide. See Section 2 (Land Use/Community Design) of the General Plan. three areas into a cohesive diverse area. To maintain and improve the viability of the areas so they can continue to serve the residents of the area. Addressed in the Development Agreement and master plan for the area. Shall be addressed in the plan to be prepared for the area. To be addressed in the specific plans for the areas, the project review process and the Neighborhood Commercial Zoning Ordinance. General Plan EIR Chapter V Matrix Page V-20 DESCRIPTION OF ENVIRONMENTAL SETTING An urban area developed with a regional shopping mall, office and industrial buildings predominately one and two stories high. A medium density residential neighborhood of essentially one and two stories buildings. Small scale neighborhood commercial areas developed principally to serve the local residents. Significant Environmental Effects of the Proposed Project Additional development in Vallco Park South could affect the existing traffic conditions, create additional demands on public services, and affect the aesthetics qualities of the area. See Chapter VI of this report. Additional development within this area would not create any significant adverse effects on the environment. See Table 2 -Development Allocation — on pg. 2- 17 of the General Plan. Expansion of the commercial uses in these area would not be significant, but residential develop- ment could increase demands on public services. See Chapter VI of this report. General Plan EIR Chapter V Matrix Page V-21 ENVIRONMENTAL IMPACTS Significant g. Significant Growth Mitigation Alternatives to the Effects Found not to Cumulative impacts P Environmental Environmental Inducing: Measures effects which can Irreversible Impacts not be Avoided' Effects Additional Commitment Additional Mitigation the proposed ternatives o r a discussion of Additional development in development in of water and development =would have been project are this topic see of Vallco Park South would Vallco Park South could supply energy; loss of contribute to incorporated discussed in Chapter VII. of Chapter -VII this report. contribute to the generate' natural the growth ..into of the City the General this report, cumulative . impacts of the unavoidable on the resources, . ., reduction in and the Plan. See proposed project. effects visual character the percolation general area Chapter VII this - of the area and of potential of as a whole. of increased the ground. report. demands on See Chapter public services. VII of this report. Additional There would Growth Mitigation Alternatives to the proposed Same as ,. above. Contribution to the cumulative development in be no in measures have been project are impacts would this area would significant impacts p incorporated discussed, in be 'minimal: generate any irreversible as a associated with this into the Chapter VII of significant unavoidable effects t result of this policy General this report'. environmental policy. would be Plan. effects. negligible. Additional Commitment Additional Same as , Same as above, Same: as above. Contributiori.:to the cumulative. ' development in of water development above. impacts would .' this area could.:: supply and associated not be result in potential energy, loss of with this significant. unavoidable natural policy effects on public resources, would services: reduction in contribute to the percolation the growth of potential of of the City the ground. and the See Chapter general area _ VII. as a whole. , POLICY Policy 2-33 : North De Anza Boulevard Maintain and enhance North De Anza Blvd. as a regional employment center with supporting commercial and residential land uses (Pg. 2-30). Policy 2-34 : City Center Maintain and enhance City Center as a moderate scale density, mixed use district that will provide community identity and activity and will support retail in the Crossroads Area (pg. 2-31). DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics Along the City's north - south axis, between Highway 85 and Stevens Creek Blvd. See Community Form Map in Section 2 (Land Use/Community Design) of the General Plan. Located within the central area of the City at the southeast quadrant of the Stevens Creek and De Anza Blvd. To provide Opportunities to expand the existing regional employment center and supporting commercial and residential uses. To allow limited expansion of the City Center to provide employment opportunities, housing, public facilities and personal services. To be addressed in the specific plans for the area and during the project review process. Will be addressed in the project plans and the project review process. General Plan EIR Chapter V Matrix Page V-22 DESCRIPTION OF ENVIRONMENTAL SETTING The area is developed with office, commercial and supporting commercial and residential uses. The area in the commercial core of the City. It is developed with a variety of uses including public offices housed in building of varying architectural styles. Significant Environmental Effects of the Proposed Project Additional development in this area could affect the local traffic conditions, the visual character of the area and the available public services. See Chapter VI of this report. Same as above. Policy 2-35 Vallco Park North Retain Vallco Park North as an Located within the To implement previously Are included in An office/industrial New development in employment northeasterly approved the Development area developed with buildings this area could affect area of predominately quadrant of the intersection of agreements. Create Agreements and one and two stories high and the local traffic conditions. Increase office and light Highway 280 opportunities the specific plans for the varying architectural demands on public industrial and Wolfe for the styles. services and housing. activities, with Road. of area. area. Changes in the visual neighborhood neighbor -hood character of the area. commercial commercial and See Chapter VI of this areas (pg 2-32), hotels. report. General Plan EIR Chapter V Matrix Page V-23 IMPACTS Significant Significant Growth Mitigation Alternatives toEffects the Proposed Found not to be Cumulative Impacts Environmental Environmental Inducing Measures Project Significant effects which Irreversible Impacts can not be Effects Avoided Additional Commitment The Mita anon g Alternatives to See Chapter VII fora Additional development in development in of natural for additional development : measures have been. the propose' project are discussion of this area will this area could resources incorporated discussed in this topic contribute to generate unavoidable the new construction, will contribute to into the Chapter VII of cumulative impacts of the effects on the changes in the the growth General Plan this report.; pr posed visual character visual of the to mitigate potential project. See of the area and character of community. ChapterVlI of public services. the area impacts. See Chapters III this report. increase:land use intensity. and VII of this report. The potential Same as Same as Same as Same as, Same as above. Same as above. effects of this above. above. above. above. policy would be similar to those of the above policy. Same as above. Same as Same as Same as; Same as Same as Same as above. above. above. above. above. above. POLICY Policy 2-36 Bubb Road Retain the Bubb area primarily as an industrial and research and development area (pg. 2-32). Policy 2-37: De Anza College Support De Anza College in its role as a valuable community resource, and seek Opportunities to integrate future activities into the community (pg. 2-34). Policy 2-38: Economic Development Plan Prepare an annual forward- looking 10 -year revenue forecast keyed to the commercial zones within the City (pg. 2-35). DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics Within the southwesterly quadrant of the City on the south side of McClellan Rd. Within the southwesterly quadrant of the intersection of Highway 85 and Stevens Creek Blvd. (see Land Use Map). City-wide. To provide development opportunities for uses consistent with West Valley Industrial Park Ordinance and neighborhood commercial and residential uses. To provide opportunities for the College to meet its academic needs To integrate economics in the land use decision- making process Addressed the West Valley Industrial Park Ordinance, the specific plans for future projects and the project review process. To be addressed in the specific plans and the project review process. To be addressed in the Economic Development Plan. General Plan EIR Chapter V Matrix Page V-24 DESCRIPTION OF ENVIRONMENTAL SETTING An industrial and research and development area developed with low profile buildings. The De Anza College Campus represents an attractive academic atmosphere. the buildings have been attractively designed and the grounds are extensively landscaped. Not applicable Nigmficant Environmental Effects of the Proposed Project The additional office square footage allocation and the number of residential units that can be developed in this area would not have any significant effect on immediate area nor the City as a whole. Expansion of the academic needs or related uses should not generate any significant adverse impacts on the environment. The preparation of the plan will have no Physical effect on the environment. General _Plan EIR Chapter V Matrix Page V-25 ENVmONMENTAL IMPACTS _ Significant Significant Growth ` Mitigation Alternatives to the Proposed Effects Found not to be Cumulative Impacts Environmental Environmental Inducing Measures Project Significant effects which can Irreversible Impacts not be Avoided Effects Additional There would Growth Mitigation Alternative to the proposed See Chapter VII of this Contribution to the cumulative development in not be any inducing measures have been project are " report for a impacts would this would not significant irreversible impacts would be incorporated discussed in discussion of be negligible. generate any, significant effects as a minimal. into the Chapter VI[ of this topic. unavoidable result of the General Plan this report. effects. additional to mitigate growth in the potential Bubb Road impacts_ area. See Chapters III and VII of this report. Same as above. Same as above. Same as Same as Same as Same as Same as above. above. above. above. above. Same as above. Same as above. No impact. - No Same as Same as No impact would; result from this mitigation above. above: Policy. required. POLICY Policy 2-39 : Partnerships Encourage the privatesector to participate in partnerships with nonprofit or public agencies to provide community benefits and services (pg. 2-35). Policy 2-40 : New Businesses and Business Retention Encourage new businesses and retain existing businesses that provide needed local services and municipal revenues, contribute to economic vitality and enhance the City's physical environment (pg. 2-35). Policy 2-41 : Maintain Streamlined Development Review and Building Permit Processes Provide efficient and timely review of development proposals (pg.2-35). DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics City-wide. To pool To be resources for the addressed in benefit of the the formation community. of the partnerships. City-wide. City-wide To maintain the economic viability and the vitality of the community. To expedite the permitting processes but to maintain quality standards. To be addressed by the City's Economic Development Committee. To be addressed by the City. General Plan EIR Chapter V Matrix Page V-26 DESCRIPTION OF ENVIRONMENTAL SETTING Not applicable. Not Applicable. Not applicable Significant Environmental Effects of the The formation of such partnerships will have no physical effect on the environment. No physical impact. No physical impacts. General Plan EIR Chapter V Matrix Page V-27 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative Measures the Proposed not to be Impacts Environmental Environmental Inducing h Irreversible Impacts Project Significant effects whnc can not be Avoided Effects There will be no There will no There will, No Alternatives to the The potential effects of this This policy will not generate any unavoidable Irreversible' no growth inducing mitigation required., proposed project are policy will not cumulative effects as a result effects as a discussed in be significant. impacts. of this policy. result: of this impacts Chapter VII of policy. from this P this report. policy. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above,. Same. as above. Same as Same as Same as Same as Same as Same as above: above. above: - above. above. above. POLICY Policy 2-42 Revenue Analysis of Office Developments In reviewing office development proposals, encourage office uses and activities that generate significant revenues to the City (pg. 2-35). Policy 2-43 : Vallco Redevelopment Area Facilitate redevelopment in the Vallco Redevelopment Area as a distinctive, regional shopping and entertainment center, with hotel uses (Pg. 2-36). Policy 2-44 : Incentives for Reinvestment Provide incentives for reinvestment in the existing commercial areas (pg. 2-36). DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics City-wide. See Figure 2-E in Section 2 (Land Use/Community Design) of the General Plan. City-wide. To help defray the costs of public services. To revitalized the employment centers and commercial areas of the City. To help maintain the viability of the commercial areas. To be addressed during the project review process. To be addressed in the redevelopment plans for the area and during the permitting process. To be addressed in the plan. General Plan EIR Chapter V Matrix Page V-28 DESCRIPTION OF ENVIRONMENTAL SETTING Not applicable. The area is a regional commercial center developed with a shopping mall and office and industrial buildings predominately of one and two stories high. Commercial areas. Significant Environmental Effects of the Proposed Project No physical impacts. Additional development in this area could affect the existing traffic conditions, change the visual character of the area, increase the ambient noise levels and increase demands for public services. See Chapter VI for a discussion of the potential project impacts. No physical impact. General. Plan EIR Chapter V Matrix Page V-29 ENVIRONMENTAL IMPACTS Significant Significant Growth "Mitigation Alternatives to the Proposed Effects Found not to be Cumulative Impacts Environmental Environmental Inducing Measures Project - Significant effects which can Irreversible Impacts P not be Avoided Effects This policy will, There will be There are no ' No Alternatives to the This policy will not have This poli will y not contribute to not affect the no irreversible . gT• owth inducing mitigation required. proposed -project are any physical the potential physical environment and effects resulting from impacts ` discussed in Cha ter VII of P effects on the on the cumulative impacts _ of the will not generate this policy. associated with this this report. - environment. ro osed project. any unavoidable effects.' policy. Potential Changes inthe Additional Mitigation Alternatives to the proposed See Chapter VII of a Additional development.in unavoidable effects from the visual character of the development in the area measures have been pigject are discussion of contribute the implementation area, a slight increase in the would contribute to- incorporated into the d s cussed in Chapter VII of this topic. otential cumulative of this policy could be an local ambient the growth General Plan. this report: impacts of the increase in the noise levels of City and the to mitigate the potential project. local ambient and increased general as a impacts of ' noise levels, changes in the demands on public. services. area whole. 'this policy. visual character of the area and increased demands on public services. This policy will This policy No growth No Same as This policy will not have This policy will not contribute to not have any will not have inducing impacts will Mitigation required. above. any physical the potential physical effects any physical effects the cumulative on the effects on the result from. ; environmenton . impacts of the environment. environment. this policy. proposed project. POLICY Policy 2-45 Hillside Development Standards Establish building and development standards for the hillsides that ensure hillside protection (pg. 2-37). Policy 2-46 Previously Designated Very Low Density: Semi -Rural 5 - Acre Allow certain hillside properties to develop using a previous General Plan designation (pg. 2-37). Policy 2-47 : Existing Legal Lots in Foothill Modified Y2 acre Slope Density Designations Require discretionary review of hillside or R-1 properties if development is proposed on slopes greater than 30% or any other area where the presence of health and safety problems has been determined (pg. 2-37). DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics Hillsides To preserve and Addressed in the located within protect the Zoning the westerly natural qualities Ordinances and portion of the of the hillsides. the building City. character of the permitting areas. process. Westerly To preserve Addressed in the portion of the open space and Land Use City (see Land retain the policies of the Use Map). general adopted General character of the Plan. areas. The hillsideTo preclude To be addressed areas in the health and in applicable westerly potion safety City ordinances of the City. problems. and the review process. General Plan EIR Chapter V Matrix Page V-30 DESCRIPTION OF ENVIRONMENTAL SETTING The mountains and the foothills located within the westerly portion of the City The mountains and the foothills located within the westerly portion of the City See Section 2 (Land Use/ Community Design) of the General Plan. Significant Environmental Effects of the Proposed Project Establishing the proposed standards will have no primary effect on the environment, but the implementation of the standards could have a beneficial effect. The intensity of development in this areas would be minimal and the resulting impacts would be negligible Implementation of this policy could have a beneficial effect on the environment. Indirect or secondary impacts will be addressed at the project review process. u _ General Plan EIR Chapter V Matrix Page V-31 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to the Proposed Effects Found not to be Cumulative Impacts Environmental Environmental Inducing Measures Project Significant effects which can Irreversible Impacts not be Avoided Effects This policy will This policy This policy No . Alternatives to the Potential effects of this This policy will not contribute to the not :generate any, will not will not mrtrgation required. proposed project are' Policy would p y potential significant generate any generate any discussed in not be cumulative impacts unavoidable significant growth Chapter V11 of significant ;of the proposed environmental irreversible inducing this report. project. effects. effects. impacts. Same as above. Same as Same as Same as Same as Same as Same as above. above. above.' above, above. above. Same as above. Sarre as Same as Same as Same as Same ,as above. Same as above. above. above. above. above. encourage clustering in minor subdivisions (pg. 2-38). Policy 2-49 Santa Clara General Plan EIR Chapter V Matrix Rural County General Plan Page V-32 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF Addressed in Same as above. Same as above. Standards in consistency between the City of General ENVIRONMENTAL Hillside Areas. Location and Statement of Technical SETTING The hillside areas within the To preserve the rural character of Boundaries Objectives Economic and westerly portion Significant during the this policy could (pg. 2-38). Environmental Environmental have a positive Characteristics Effects of the Policy 2-48 : process and by hillside areas. Proposed Pro*ect Clustering the applicable Facilities Development in codes. Design and lay out public facilities, City- wide. To take Subdivisions This policy will not particularly public advantage of the natural and addressed during the Cluster lots in major subdivisions The hillside areas in the To minimize the loss of open Same as See Section 2 Land Clustering lots will in the 5 -20 -acre westerly potion space. above. Use/ Community minimized slope density of the City. Design) of the potential impacts. designation and (pg. 2-38). General Plan. encourage clustering in minor subdivisions (pg. 2-38). Policy 2-49 Santa Clara Rural County General Plan Improvement Hillsides policies Hillside Areas. found in the Santa To maintain Addressed in Same as above. Same as above. Standards in consistency between the City of General Hillside Areas. Cupertino `s. the Santa Clara Require rural standards in the The hillside areas within the To preserve the rural character of To be addressed Same as above. Implementation of hillsides areas westerly portion the hillsides, during the this policy could (pg. 2-38). of the City. public review have a positive effect on the Policy2-50 : process and by hillside areas. Views for Public the applicable Facilities codes. Design and lay out public facilities, City- wide. To take To be Same as above. This policy will not particularly public advantage of the natural and addressed during the generate any open spaces, so they include views aestheticsignificant public review adverse effects. of the foothills or qualities of the process. other nearby area. natural features (pg. 2-38). Policy 2-51 : Santa Clara County General Plan Hillsides policies Hillside Areas. found in the Santa To maintain Addressed in Same as above. Same as above. Clara County consistency between the City of General Cupertino and Cupertino `s. the Santa Clara General Plan EIR Chapter V Matrix Page V-33 ENVIRONMENTAL IMPAURS Significant Growth Mitigation Alternatives to Effects Found Cumulative Significant Environmental Environmental Inducing Measures the ProposedImpacts not to be - Significant effects which can Irreversible Impacts Project not be Avoided Effects This policy will This policy This policy, No Alternatives to the Potential pabce s will Tlns'policy will not e to the not generate any will not create will not mitigation' required. propose project ar n poteital significant any significant create any discussed in significant. cumulative impacts unavoidable irreversible growth Chapter VII of of the proposed environmental effects. inducing g this report. project. effects: impacts. Same as above. Same as Same as Same as Same as Same as above..: Same as above: above;; above. above: above. Same as above. Same as Same as Same as -Same as Same as . , Same as above. above. above. above. above. above. Same as above. Same as Same.as Same as Same as. Same as Same as above. above. above. above. above: above. POLICY Plan adopted in 1994 are included in the Cupertino General Plan by reference and are applicable to the unincorporated hillside area (Pg. 2-39). Policy 2-52 : County Development County development, particularly if located near Cupertino's urban fringe area, should consider Cupertino's General Plan (pg. 2-39). Policy 2-53 : Planning for Schools Recognize the financial impact ofincreased development on the school district' ability to provide staff and facilities (pg. 2-39). DESCRIPTION OF PROJECT Location and Boundaries City-wide. City-wide. Policy 2-54 Pedestrian Access Create pedestrian City-wide access between new subdivisions and school sites Statement of Objectives General Plan and Santa Clara County General Plan and to protect the unincorporated lands within Cupertino's sphere of influence. Urban fringe areas of the City. To ensure consistency with Cupertino's planning program. To minimized impacts on the local schools. Technical, Economic and Environmental Characteristics County General Plan. Addressed in the County's and Cupertino's General Plans. Addressed during the project review process. General Plan EIR Chapter V Matrix Page V-34 DESCRIPTION OF ENVIRONMENTAL SETTING Peripheral areas of the City adjacent to the County of Santa Clara. The school districts serving the Cupertino area. To provide a To be addressed The land use pattern safe travel for during the between the new school children Subdivision subdivisions and the and minimize Map approval school sites. traffic. nmrari„ra Jigniticant Environmental Effects of the Proposed Project No significant environmental effects will result from the implementation of this policy. This policy will not have any primary effects on the local school districts. See Section 6 of Chapter VI of this report. No significant adverse impacts will result from the implementation of this ENVIRONMENTAL INVAUPS No significant This policy This. policy No Alternatives to the'proposed Potential impacts will This policy will not contribute to unavoidable will not will not mitigation any ; required. project are not be . the potential 'cumulative environmental generate an g y generate g discussed in significant. the effects will result from the significant irreversible growth inducing Chapter VII of im acts of P; proposed project. implementation of effects. impacts. this report. this policy. Same as above Same as above. Same as Same as Same as Same'as Same as Same'as above. above. above. above. above. above. Same as Same as.: Same as Same as Same as Same as above. above..__ _ :...ab.ove .-_--- - _..above. above. above. . POLICY Policy 2-55 De Anza College Allow land uses not traditionally considered part of a college to be built at De Anza College (pg. 2-40). DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics The De AnzaTo further College integrate the Campus. college campus into the community. Policy 2-56 : Library Service Levels Recognize that if City/County- To provide the community wide areas. higher levels of desires a higher library services. level of library service, cooperation between the County of Santa Clara and the City is required (pg. 2-40). General Plan EIR Chapter V Matrix Page V-36 ---F- DESCRIPTION OF ENVIRONMENTAL SETTING Significant Environmental Effects of the To be addressed The De Anza College Development of in the Campus and the other land uses at development peripheral areas. De Anza College plans and the may have a project review positive effect on process. the area as it may library facility help contain during the student activities planning into all on campus. Presently being See Section 2 (Land This policy will addressed as part of the operation Use/Community Design) of the not generate any of the new General Plan. physical impacts on the library. Addressed Same as above. environment. Policy 2-57 : Library Planning Integrate and City-wide. coordinate any To integrate the Addressed Same as above. No physical library facility new facilities into theimpacts during the will result planning into all comprehensive project review from the applicable General planning process. implementation of Plan policies program. this policy. (pg. 2-40). Policy 2-58 Improving Library Service Encourage the library to continue to incorporate new technology to enhance service levels with the library system (pg.2-40). Library system. To improve Addressed in the Same as above. library service. General Plan. No physical impacts will result from the implementation of this policy. General plan EIR Chapter V Matrix Page V-37 ENVIRONMENTAL RAPAGIN Significant Significant Growth Mitigation Alternatives to the Proposed Effects Found not to be Cumulative Impacts Environmental Environmental Inducing Measures project Significant effects'which can Irreversible Impacts not be Avoided ` Effects. This policy will There will not be Potential Mitigation have Alternoatiosed ve to the Pmt acts will ential Potential cumulative not generate any any irreversible growth impacts would measures been p p project are p J t not be impacts significant environmental effects as a result be negligible, incorporated discussed in significant. this po g from unavoidable environmental of this policy. mto the General Plan. Chapter VII of this report. would be effects. minimal. None. None. None required. Same as None. None. None. above. Same as above. Same as above. Same as Same as Same as Same as above. Same as above. above. above. above. Same as above. Same as above. Same as , : Same as Same as Same as above: Same as above. above. above. above. POLICY Policy 2-59 : Landmark Rehabilitation Undertake an active partnership with private owners of landmark structures to rehabilitate the buildings (pg. 2-42). Policy 2-60 Archaeologically Sensitive Areas Protect archaeologically sensitive areas (pg. 2-42). Policy 2-61 Native American Burials Protect Native American burial sites (pg. 2-42). Policy2-62 : Heritage Trees Protect and maintain heritage trees in a healthy state (pg. 2-45). Policy 2-63 ; Public Arts Stimulate Opportunities for the arts through cooperative relations between local business and the City (pg. 2-45). DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics General Plan EIR Chapter V Matrix Page V-38 DESCRIPTION OF ENVIRONMENTAL SETTING Nigmticant Environmental Effects of the Proposed Project City-wide. To protect Address in City See Figure 2-G in Implementation of this structures of historical value. policies and applicable codes Section 2. Land Use/CommunityPolicy will not generate and ordinances. Design) g) of the any significant adverse impacts. General Plan City —wide. To protect archaeological deposits. City-wide. To protect Native American burial grounds. Same as above. I Same as above. Same as above. I Same as above. City-wide. To preserve the Same as above. visual character of the community. City-wide. To enhance the Same as above. aesthetic qualities of the community. Same as above Same as above. Same as above. Same as above. Same as above. Same as above. ENVIRONNMNTAL UVIPACTS Significant Significant Growth Inducing M he Proposedfigation Alternatives o Cumulative no to be ds and Impacts Environmental Environment Impacts measures Project Significant effects which ' al Same as Same as Same as above. can not be Irreversible above. above. above. Avoided Effects Same as Same as above. Same Same as There will be There will There will bemo No mitigation theernoat proposed ves o no physiThere cal e None. no significant not be any growth inducing required. p P project are effects on the unavoidable ` significant impacts. discussed in environment.. environmental irreversible Chapter VII of .effects effects this report generated by resulting above. Same as this policy. from this - Sameas`Same as above. above. policy. Same as above Same as above. Same as Same as Same as above. Same as Same as..above. above. above. above. above., Same as Same as Same as above. Same Same as - above. above. . above. above. Same as Same as Same as above. Same as Same as above. above. above. above. Same as Same as above. above. Same as Sam& as above. above. Same as Same as above. above: - Sameas`Same as above. above. Same as above Same as above. POLICY Policy 2-64 : Stevens Creek Park The Santa Clara County Parks program should pursue the goal of connecting Upper and lower Stevens Creek Parks (pg. 2-49). Policy 2-65: Continuous Space Actively pursue inter -agency cooperation in acquiring properties near the western planning area boundary to connect the lower foothills, the open space, trail system and the neighborhoods (pg. 2-49). Policy 2-66: Future Use of Blackberry Farm Retain some form of revenue - generating potential at Blackberry Farm as the uses transition from non-resident to resident use (pg. 2-50). DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics County Areas. Throughout the Planning Area. See Section 2 (Land Use/community Design) of the General Plan. To provide a continuous park. To expand the open space and to provide a continuous green belt between neighborhoods and lower foothills. To augment the recreational opportunities. To be addressed by Santa Clara County. To be addressed by the participating agencies. See Open Space, Parks and Trails in Section 2 (Land Use/Community Design) of the General Plan. General Plan EIR Chapter V Matrix Page V-40 DESCRIPTION OF ENVIRONMENTAL SETTING Unincorporated County lands. See Open Space, Parks and Trails in Section 2 (Land Use/Community Design) of the General Plan. Same as above Significant Environmental Effects of the Proposed Project This policy would not generate any adverse impacts. Same as above. Same as above. General Plan EIR Chapter V Matrix Page V-41 ENVIRONMENTAL IMP environmental effects. Same as above. Same as above. Significant Growth Mitigation Alternatives to the Proposed Effects Found ` not to Cumulative ts ImP acts Significant ` Environmental Environmental Inducing Measures Project Significant ca effects which can Irreversible Impacts not be Avoided Effects No significant No significant No growth No Alternatives to the There will no physical' None. unavoidable irreversible inducing mitigation reduired. proposed project are impacts. environmental environmental impacts. .discussed in effects. Potential effects. Chapter VII of impacts this report. associated with the connection of the parks will be considered by Santa Clara County. No significant Same as - Same as 'Same as Same as eas Same Same as above. unavoidable above. above. above. above. environmental effects. Same as above. Same as above. POLICY Poligy:2-67 Recreational Opportunities for Special Needs Provide more recreational op- portunities for special needs groups (pg. 2-50). Policy 2-68: Private Open Space and Recreational Facilities. Encourage the continued existence and profitability of private open space and recreational facilities through incentives and development controls (pg. 2-50). Policy 2-69: Public use of Private Space Seek cooperation from private landowners for public use of private open space (pg. -2-50). DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics General Plan EIR Chapter V Matrix Page V-42 DESCRIPTION OF ENVIRONMENTAL SETTING Significant Environmental Effects of the Proposed Project City-wide. To provide See Open Space, See Open Space, This policy would not recreational opportunities Parks and Trails in Section 2 Parks and Trails in generate any for the disable. (Land Section 2 (Land Use/Community significant adverse impacts Use/Community Design) of the on the environment. Design) of the General Plan. General Plan. City-wide. To promote Same as above. Same as above. Same as above. continued availability of private recreational facilities. City-wide. To Increase Same as above. Same as above. Same as above. recreational opportunities for all residents. Policy 2-70: Open Space and Trail Linkages Dedicate or acquire Planning To Improve Same as above. Same as above. Same as above. open space lands Area. accessibility. and trail linkages to connect areas and provide for a more walkable community (Pg. 2-54). General Plan EIR Chapter V Matrix Page V-43 ENVIRONMENTAL IMPACTS Significant Significant Growth Inducing Mitigation Measures Alternatives to the Proposed Effects Found not to be Cumulative Impacts. Environmental Environmental Impacts Project Significant effects which can Irreversible- not be Avoided Effects_ There will not be No significant No growth No mitigation Alternatives to the No physical effects. None any significant irreversible inducing required. proposed project are unavoidable environmental' impacts. discussed in environmental effects. Chapter VII of effects as`a result this report. of this policy. Same as. above. Same as Same as above. Same as Same as Same as above. Same as above. above. above. above. Same as above. Same as Same as above. Same as Same as Same as Same as above. above: above. above. above. Same as above. Same as Same as above. Same as Same as Same as above. Same as above. above. above. above. General Plan EIR Chapter V Matrix Page V-44 POLICY Policy 2-71: Park Acreage DESCRIPTION Location and Boundaries OF PROJECT Statement of Objectives Technical, Economic and Environmental Characteristics DESCRIPTION OF ENVIRONMENTAL SETTING Significant Environmental Effects of the Proposed Project Provide parkland equal City-wide. To comply with State Codes and Open Space, Parks The effects of this to minimum of the Sate Requirements. Section 2 (Land Use/Community2 and Trails in Section Land policy would be three acres for Design) of the ( Use/Community beneficial. each 1 residentiss General Plan. Design) of the (Pg. 2-55 ). General Plan. Policy 2-72: Park Walking Distance Ensure that each household is City-wide. To make parks Same as above. Same as above. Same as above. within a half- more accessible. mile walk of a neighborhood park, or community park with neighborhood facilities, and that the route is reasonably free of physical barriers, including streets with heavy traffic. Whenever possible , provide pedestrian links between parks (pg. 2 -55) - Policy 2-73: Recreational Intensity Recognize the level of City-wide. To achieve Same as above. Same as above. Same as above. compatibility. recreational intensity appropriate to each neighbor- hood park g (2-55). ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative Environmental Irreversible Inducing Measures the Proposed not to be Impacts !: effects which can Environmental Impacts Project Significant not be Avoided Effects This policy will This policy This policy No Alternatives to There will be This policy will not generate any will not will not mitigation the�,proposed no significant not contribute to significant ' generate any create any required. project are discussed in effects. See Chapter VII the potential cumulative unavoidable effects. significant irreversible growth inducing Chapter VII of for a impacts of the _ effects. impacts. this report. discussion of proposed project. this topic. Same as above, Same as Same as Same as Same as Sarre as Same as above. above. above. above. above. above. Same as above. Same as Same as Same as Same as Same as Same as above. above. above, above. above. above. General Plan EIR Chapter V Matrix Page V-46 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Effects Environmental of the Proposed Project Characteristics Policy 2-74: Park Minimum Acreage Plan parks to be City-wide. To provide Addressed in See Open Space, This policy will not at least 3.5 acres for flexibility of flexibility and policies and Parks and Trails in generate any use (pg. 2-55). avoid overcrowding. Park and Recreation Section 5 (Land Use/Community significant adverse impacts on the Department. Design) of General environment. Policy 2-75: Plan. Park Design Design parks to City-wide. To reduce Park and City Parks Same as above. keep long-term park's Recreation throughout the City maintenance maintenance Department in both rural and costs low costs. Budget. urban areas. (pg. 2-55). Policy 2-76: Park Access and Visibility Parks shall be designed to City-wide. To ensure Section 2 (Land Same as above. Same as above. public safety. Use/Community enhance public Design) of the safety by General Plan. providing visibility to the street and access by public safety responders (Pg. 2-55). Policy 2-77: Acquisition of Surplus School Property Hold a portion of developer fees in City-wide. To take Same as above. Surplus school sites Same as above. advantage of and other private reserve for the opportunities to properties. possible purchase acquisition of additional surplus school parkland as they properties if they become become available available. (pg. 2-62). General Plan EIR Chapter V Matrix Page V-47 Significant ENVIRONMENTAL IMPACTS Significant Growth Mitigation Alternatives to Effects Found Cumulative Environmental Irreversible Inducing Measures the Proposed not to be Impacts effects which can Environmental Impacts Project Significant not be Avoided Effects This policy will , This policy No growth No Alternatives to There are no There will be no . to the not create any will not inducing mitigation the project are significant impacts contribution significant generate any impacts will required. discussed in Chapter V11.of associated potential cumulative impact unavoidable environmental significant irreversible result from this policy. this report. with this from this policy. effect. effects. policy. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. " Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. Same ibove. POLICY DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics Policy 2-78: Park and Open Space Acquisition Program Develop the City-wide. City's Park Acquisition Strategy (Pg. 2-62). Policy 2-79: Acquisition of Additional Parklands Additional parklands are identified shall be acquired or dedicated in the Rancho Rinconada area, the Vallco Park area and north of I-280 near Stelling Road (pg. 2-62). General Plan EIR Chapter V Matrix Page V-48 DESCRIPTION OF ENVIRONMENTAL SETTING To develop a To be developed Lands within the program to along with the City of Cupertino assess need and program. with park prioritize possibilities acquisitions. City-wide. To increase Will be part of parklands and the Acquisition comply with the Program to be State developed. requirements. Policy 2-80: School Playing Fields Preserve school City-wide playing fields for school and community recreational uses (pg. 2-62). Policy 2-81: New Residential Development in Urban Core Areas Provide park and recreational space for new residential development in See Open Space, Parks and Trails in Section 2 (Land Use/Community Design) of the General Plan. To maintain Addressed in the Same as above. sufficient lands City/school for recreational district opportunities. agreements. Urban core area To provide Agreements of the City. recreational between the opportunities to City and residents of the developers. core areas. Significant Environmental Effects of the Proposed Project No physical effect on the environment. No significant effect on the environment. No significant effect. Urban core areas See No significant effect. Section 2 (Land Use/Community Design) of the General Plan EIR Chapter V Matrix Page V-49 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative Environmental Environmental Inducing Measures the Proposed not to be Impacts effects which can Irreversible Impacts Project Significant not be Avoided Effects There will be no There will be no This policy No Alternatives to There will not This policy will significant irreversible will not mitigation the proposed be any not contribute to unavoidable effects from this create any required. project are significant the potential environmental policy. growth discussed in effects. See cumulative effects resulting inducing Chapter VII of Chapter V11 impacts of the from this policy. impacts. this report. fora project.` discussion of this topic. Same as above_ Same as above. Same as Same as Same as Same as Same as above. above. above. above. above. Same as above.; Same as above. Same as Same as Same as Same as Same as above. above. above. ' above. above. Same as above. Same as above. Same as Same as Same as Same, as Same as above. above. above. ` above. above. General Plan EIR Chapter V Matrix POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING rage v -Du Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the the urban core Characteristics Proposed Project areas (pg. 2-62). General Plan. Policy 2-82: Require Public Park Land Require dedication of City-wide. To satisfy State Subdivision Map Open Space, Parks Dedication of the public parkland requirements. and Agreements and Trails' Section land will not have in areas where with developers. 2 (Land any physical impact. significant new Desirable park Use/Community Development of the housing units are lands. Design) of the park may have some identified to General Plan. effects on the State environment. requirements (pg. 2-63). Policy 2-83: Recreational Facilities Recognize the public benefits City-wide. To Recognize See Open Space, City-wide No physical effect on derived from the recreational Parks and Trail environment ranging the environment facilities such as services delivered to the in Section 2.(Land from the rural areas to the urban cores. gymnasiums, community. Use/Community swimming pools Design) of the and/or tennis General Plan. courts (pg. 2-63). Policy 2-84: Boundaries Between Land Uses Base boundaries between land City-wide To clearly define Land Use Map The City-wide No physical effect on use classifications the boundaries between land and Subdivision Map. environment. the environment. upon lot lines of uses. established land use activities (pg. 2-63). Policy 2-85: Residential Density Ranges on the Map Recognize that residential City-wide. To inform Zoning Same as above. No physical effect on density ranges interested Ordinance and the environment. arties. Land Use Map. General Plan EIR Chapter V Matrix Page V-51 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative Environmental Environmental Inducing Measures the Proposed not to be Impacts effects which can Irreversible Impacts Project Significant not be Avoided Effects Development of Commitment This policy Mitigation Alternatives to Effects, of this This policy would the parklands of the lands for would measures the proposed policy would not contribute to would be subject to park purposes. generate any maybe project are discussed in not be the potential cumulative effects further growth J.entifiedat significant. environmental inducing the time of Chapter VII: of the proposed review. impacts. the project project. °review process. No unavoidable No irreversible Same as No Same as Same as Same as above. effects. " ' effects. above. mitigation above. above. required. Same as above. Same as Same as Same as Same as Same as Same as above. above. above:; above. above. above. V Same as above. Same as Same as Same as Same as Same as Same as above. above. ' above. above. above. above. POLICY DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics on the General Plan Map and its legend shows the desired development intensity for a general area (pg. 2-63). Policy 2-86: Public and Quasi -Public Activities Allow public and quasi -public activities in commercial or office land use categories with zoning use permit (pg. 2-63). Policy 2-87: Closed School Site Use Designate all public schools sites for public use (pg. 2-64). Policy 2-88: New Drive -Up Services Permit new drive -up service facilities for commercial, industrial or institutional use only when adequate circulation, parking, noise control and architectural features are General Plan EIR Chapter V Matrix Page V-52 DESCRIPTION OF ENVIRONMENTAL SETTING Significant Environmental Effects of the Proposed Project Commercial To allow Use Permit and Urban environment. Establishing the policy and office flexibility for Zoning will have no physical districts the use of Ordinance. impact. Secondary throughout the existing impacts may result City. buildings. from the activities associated with the use. Potential impacts will be considered during the permitting process. City-wide. To provide City of City-wide Same as above. opportunities Cupertino and environment. for the use of School Districts. vacant buildings. City's To protect Project plans Commercial, See Section 2 of commercial, adjacent land and project industrial and Chapter VI. industrial and uses. review process. institutional areas. institutional areas. ENVIRONMENTAL IMPACTS Significant Environmental effects which can not be Avoided Significant Environmental Irreversible Effects - Growth Inducing Impacts Mitigation Measures This policy This policy No growth Mitigation would not create would not inducing ; measures any unavoidable create any impacts will `would be effects. irreversible result from identified effects. this 'policy. during the permitting process. General Plan E1R Chapter V Matrix Page V-53 Alternatives to Effects Found Cumulative the Proposed not to be Impacts Project Significant Same as above. Alternatives to The effects of There wouldno None Same as project are this policy contribution to the above. discussed in would not be potential` above. Chapter VII of significant. cumulative impacts this report. from this policy. Same as above. Same`as Same as None Same as Same as Same as above: above. above required. above. above. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above: above. above. General Plan EIR Chapter V Matrix Page V-54 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENWRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Effects Environmental of the Proposed Project Characteristics compatible with surrounding uses (pg. 2-64). Policy 2-89: Late -Evening Entertainment Activities Discourage late- Narrow depth To protect Permitting Commercial Implementation of this evening lots of Stevens nearby process. environment. policy should not entertainment Creek and De properties. generate any activities such as Anza Blvd. significant adverse cocktail lounges, properties. effects. recreational facilities and theaters in the relatively narrow depth of Stevens Creek and De Anza Blvd. properties where they abut residential properties (pg. 2-64). General Plan EIR Chapter V Matrix Page V-55 ENVIRONMENTAL IMPACTS Significant Cumulative Significant Growth Mitigation Alternatives to Effects Found Environmental Environmental' Inducing Measures the Proposed not to be ' Impacts effects which can Irreversible Impacts Project Significant not be Avoided Effects This policy There will not ` There would No Alternative to the are The potential effects would There would be no contribution to the would not be any irreversible be no growth mitigation required project discussed in ' not be potential generate any effects inducing Chapter VII of significant. cumulative impacts unavoidable effects. resulting from impacts. this report. of the project. this policy. r General Plan EIR Chapter V Matrix Page V-56 Environmental Assessment of General Plan Policies Section 3 -- Housinu POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Effects Environmental of the Proposed Project Characteristics Policy 3-1: Housing Mitigation Plan Assign priorities to households City-wide. To provide Addressed in the See Section 3 No impact. This who live or housing Technical (Housing) of the policy is designed to work in opportunities to Appendix of the General Plan and its address the City's Cupertino for persons who live or work in Housing Element Technical Appendix. housing needs and to BMR units Cupertino and included in the reduce commuter traffic. produced to reduce General Plan through the plan commute traffic Technical or affordable on the local Appendix. housing units streets. built with mitigation fees (Pg. 3-7). Policy 3-2: Range of Housing Types Encourage the development of City-wide. To provide See Same as above. No significant effects. housing for low Implementation diverse housing income wage Programs in stock to provide earners and for Section 3 a wide range of those who (Housing) of the housing types provide services General Plan. (including to the smaller, community. moderate cost housing) at af- fordable levels. Emphasize the provision of housing for lower/moderate income house- holds and, also, households with wage earners who provide services (e.g., school district, municipal, and public safety employees (pg. 3-8). General Plan EIR Chapter V Matrix Page V-57 ENV)RoNMENTAL IMPACTS Significant Significant Cumulative Growth Mitigation Alternatives to '' Effects Found Environmental Environmental Inducing Measures the Proposed not to be Impacts. effects which can Irreversible Impacts Project Significant not be Avoided. Effects There will riot be There will be None. None required. Alternatives to the�proposed Potential effects will not This policy will not contribute to - any unavoidable not irreversible project are be significant. the potential effects resulting `- effects . disco ssed in cumulative from this policy. resulting from Chapter VII of impacts from the this policy. this 'report. " project. Same as above. Same as Same as Same as Same as ' Same as Same as above. above. above. above above. above. General Plan EIR Chapter V Matrix Page V-58 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Effects Environmental of the Proposed Project Characteristics Policy 3-3: Housing Rehabilitation Pursue and/or City-wide. To provide See Section 3 See Section 3 No direct impact will provide funding for the housing (Housing) of the (Housing) of the result from the opportunities General Plan General Plan and its implementation of this construction or rehabilitation for very low, and its Technical Appendix. policy. Secondary of housing low and Technical impacts could result affordable to the moderate income Appendix. from future very low, low households. construction activities. and moderate Potential impacts will income be addressed during households. the permitting process. Actively support and assist non- profit and for profit developers in producing affordable units (pg. 3-9). Policy 3-4: Development of Affordable Housing Maintain/adopt City-wide. To provide Same as above. Same as above. No significant adverse appropriate land affordable effects. The policy use regulations housing for the will have a positive and other development low, very low and moderate effect as it would tools to income facilitate the encourage the households. generation of affordable housing. development of affordable housing (pg. 3-10). Policy 3-5: Tag Increment Funds Use a minimum City-wide. To facilitate the See Section 3 Same as above. This policy will have a of 25% of tax construction of (Housing) of the positive effect as it increment funds affordable General Plan would facilitate the from the housing for the and its creation of affordable Technical housing General Plan EIR Chapter V Matrix Page V-59 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative Environmental Environmental Inducing Measures the Proposed not to be Impacts , effects which can Irreversible Impacts Project Significant not be Avoided Effects None from the None from the Potential Mitigation Alternatives to There should Contribution to the 'adoption of the adoption Future growth measures have been the project are discussed in not be any -- significant potential cumulative impacts policy. Potential - policy. resulting from this incorporated Chapter VII of effects from the project projects consistent with projects consistent with policy into the this report, resulting from would not be this policy will this policy will would not , . General this policy. significant. be subject to be subject to be : Plan> further further significant. environmental environmental review. review. , Same as above: Same as Same as Same as Same as Same as, Same as above. above. above. above. above. above. Same as above. Same as Same as Sariie as Same as Same as Same as above. above. above. above. above. above.. General Plan EIR Chapter V Matrix Page V-60 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Effects Environmental of the Proposed Project Characteristics Policy 3-5: (Cont'd) Redevelopment Project Area for lower and moderate for the lower and activities that income moderate income create affordable households. households. housing for lower and moderate income households. Set aside 5% of the 25% for extremely low income housing (pg. 3 -11) - Policy 3-6: Housing Densities Provide a full City-wide range of To provide a See Section 3 See Section 3 This policy will not ownership and housing mix to (Housing) of the (Housing) of the have any direct adverse rental housing meet the needs of both renters General Plan its General Plan and its effect on the unit densities, and owners as and Technical Technical Appendix. environment. It will including well housing Appendix. have a positive impact on the jobs/housing apartments and preference for balance. other high- potential density housing owners and (pg. 3-11). renters. Policy 3-7: Maintenance and Repair Assist very low City -Wide. and low income To maintain the See Same as above. Implementation of this homeowners housing stock in Implementation policy will not and rental a state of repair. Programs in generate any direct property owners in Section 3 (Housing) of the adverse effect on the environment, but will maintaining and repairing General Plan have a positive effect their units and its on the existinghousin g (pg. 3-11). Technical Appendix. stock. General Plan EIR Chapter V Matrix Page V-61 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative . Environmental Environmental " Inducing Measures the Proposed not to be Impacts effects which can Irreversible Impacts Project Significant not be Avoided Effects ■ No unavoidable No irreversible Potential Mitigation Alternatives to There should Contribution to the effects would effects willbe growth from measures the project are not be any potential result from this created by this this policy have discussed in significant cumulative impacts policy. policy. would incorporated Chapter VII of effects of the project minimal. into the this report.: resulting from would minimal. General this policy. Plan. Same as above. Same as Same as Same as, Same as Same as Same as above. above. above. above, above. above. POLICY DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics Policy 3-8: Conservation of Housing Stock Conserve existing owner and rental housing units, which provide affordable housing opportunities for lower and moderate income households (pg. 3-12). Policy 3-9: Energy Conservation Encourage energy conservation in all existing and new residential development (pg. 3-14). Policy 3-10: Special Needs Households Support organizations that provide services to special need households in the City, such as homeless, elderly, disabled and single parent (pg. 3-14). City-wide City-wide City-wide To conserve existing owner and rental units to provide housing opportunities. To reduce energy usage. To facilitate extending services to the homeless, elderly, the disabled and single parents. See Implementation Programs on pgs. 3-16 and 3- 17 and the Technical Appendix. See Section 3 (Housing) of the General Plan and its Technical Appendix. Same as above. General Plan EIR Chapter V Matrix Page V-62 DESCRIPTION OF ENVIRONMENTAL SETTING See Section 3 of the General Plan and the Housing Element of the General Plan. See Section 3 (Housing) of the General Plan and its Technical Appendix Same as above. Significant Environmental Effects of the Proposed Project There will be no adverse environmental effects resulting from this policy, but it will have a beneficial effect as it will help maintain housing opportunities for lower and moderate households. There will be no adverse environmental impacts from the implementation of this policy. Energy conservation will have a positive effect on the on a nonrenewable resources. This policy will not generate any adverse effects on the environment, but its secondary effect will be beneficial to those with special needs. General Plan EIR Chapter V Matrix Page V-63 ENVIRONMENTAL IMPACTS Same as Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative Same as above. Environmental Environmental Inducing Measures the Proposed not to be Impacts above. effects which can Irreversible Impacts Project Significant Same as not be Avoided Effects Same as Same as Same as above. above. above. -' above. above. above. . There are no There will no There will be ., None Alternatives to See Chapter There will be no unavoidable irreversible no impacts. required. the project are VII of this cumulative impacts effects effect resulting discussed in report. resulting from this. associated with from this Chapter VII of policy. this policy. policy. this report. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above., above. above. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. -' above. above. above. . General Plan EIR Chapter V Matrix Page V-64 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical Significant Boundaries Objectives Economic and Environmental Effects Environmental of the Proposed Project Characteristics Policy 3-11: Housing Discrimination Support programs Planning Area. To eliminate See Section 3 See Section 3 Implementation of this and organizations housing (Housing) of the (Housing) of the policy will not have that seek to discrimination. General Plan General Plan and its any adverse effect on eliminate housing and its Technical Appendix. the environment, but discrimination Technical its objectives will (pg. 3-15). Appendix. advance important social goals. General Plan EIR Chapter V Matrix Page V-65 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative Environmental Environmental Inducing Measures. the Proposed not to be Impacts effects which can Irreversible Impacts Project Significant not be Avoided Effects There are no There will be There will None Alternatives to See Chapter See Section 7 of unavoidable effects no irreversible be no required. the project are VII of this Chapter VII in the associated with this effects 1 impacts. discussed in report. Technical policy. resulting from Chapter VII of Appendix of the _ this policy. this report. General Plan. General Plan EIR Chapter V Matrix Page V-66 Environmental Assessment of General Plan Policies Section 4 --Circulation POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Effects Environmental of the Proposed Project Characteristics Policy 4-1: City participation in Regional Transportation Planning Participate Santa Clara To work Addressed in the See Section 1 Implementation of this actively in County. See collectively plans and (Introduction) and policy will not have developing Figure 2-A- with other policies of the Section 2 (Land any direct adverse regional (Cupertino jurisdictions to state, regional, Use/Community physical effects on the approaches to Regional develop a sub -regional and Design) of the environment, but could meeting the Location) in regional local General Plan. generate secondary transportation Section 2 (Land transportation participating impacts from the needs of the Use/Community system that agencies. construction of residents of the Design) of the meets the needs improvements to the Santa Clara General Plan. of Santa Clara transportation network. Valley. Work Valley. See Section 2 closely with (Circulation) of neighboring Chapter VI of this jurisdictions and agencies report. responsible for roadways, transit facilities and transit services in Cupertino (pg. 4-3). Policy 4-2: Reduced Reliance on the Use of Single Occupant Vehicles Promote a general Same as above. To minimize Same as above. Same as above. Implementation of this decrease in the dependence policy will not have reliance on private on the single any direct adverse single -occupant occupant effects on the vehicles (SOV) by vehicle (SOV) environment, but encouraging by promoting would have a positive attractive and providing effect by reducing alternatives (pg. 4-6). alternate modes energy consumption of and improving traffic transportation. conditions. ENVIRONMENTAL IM Significant Significant Growth Mitigation Environmental Environmental Inducing Measures effects which can Irreversible Impacts required. not be Avoided Effects cumulative General Plan EIR Chapter V Matrix Page V-67 .CTS Alternatives Effects Found Cumulative to the not to be Impacts Proposed Significant Project There are no There will be There will no No mitigation Alternatives. See Chapter There will be no unavoidable'effects no'rreversible impacts. required. to the project VII of this cumulative associated with this effects are discussed report. impacts°resulting policy. resulting'. from in Chapter from this policy. this'policy. VII of this report. r Same as above. Same as Same as Same as above. Same as Same as Same as above. above. above above. above. General Plan EIR Chapter V Matrix Page V-68 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Effects Environmental of the Proposed Characteristics Project Policy 4-3: Cupertino Pedestrian Transportation Guidelines and Cupertino Bicycle Transportation Plan Implement the City -Wide. See To provide a Addressed in the See Section 2 (Land Implementation of programs and Figure 4-13 pedestrian and Cupertino Use/Community certain improvements projects (Bikeway)In bikeway Pedestrian Design) and Section 4 to facilitate bicycle recommended in the . Section 4 system and transportation (Circulation) of the traffic could reduce Cupertino Pedestrian (Circulation) of promote Guidelines and General Plan. the Level of Service Transportation the General biking as an the Cupertino (LOS) at some Guidelines and in Plan. alternate Bicycle intersections. the Cupertino method of Transportation Transportation Plan, transportation Plan. as well as other and programs that recreational promote this goal activity. (pg. 4-7). Policy 4-4: Increased Use of Public Transit Support and Area -wide. To reduce auto Addressed in the See Section 1 Increased usage of encourage the use of traffic. plans and (Introduction) and public transit would public transit (pg. 4- policies of VTA Section 2 (Land have a positive effect 11). and MTC. Use/Community on the environment. Design) of the General Plan. Policy 4-5: Traffic Service and Land Use Development Maintain a minimum City-wide. To maintain an To be addressed See Figure 4-C, Table This policy would LOS of D for major acceptable in the City -Wide 4-2 and Figure 4-E In minimize traffic intersections during level of traffic Transportation Section 4 congestion and reduce the morning and flow through Improvement (Circulation) of the automobile emissions afternoon peak hours. the Plan and the General Plan. due to traffic Achieve this standard intersections. Annual LOS congestion. See by imposing See Section 4 Analysis. Section 2 of Chapter reasonable limits on (Circulation) VI of this report... land use to ensure that of the General principal (pg. 4-12) Plan. General Plan EIEZ Chapter V Matrix Page V-69 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative Environmental Environmental Inducing Measures the Proposed not to be Impacts effects which can Irreversible Impacts - Project Significant not be Avoided Effects There are no There will no There will No Mitigation Alternatives to .See Chapter VII This policy will unavoidable irreversible . be no - required. , the project are of this report. not contribute to effects associated effects impacts. discussed in - the potential with this policy. resulting from Chapter VII of cumulative this policy. this report. impacts of the project. ::Same as above. Same' as Same as ` Same as above. Same as above. Same as above. Same as above. above. above. This policy will set After the This policy The effect of Same as above. Same as above. Same as above. acceptable LOS evaluation; the will not this policy is to standards. for City will make generate any mitigate morning and the necessary growth potential traffic afternoon peak improvements inducing congestion. hour. traffic, which--consistent-with impacts. .-_`_ will be evaluated the policy, periodically. Its The potential effects would not effects would be unavoidable.. not be irreversible. General Plan EIR Chapter V Matrix Page V-70 POLICY ' DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project Policy 4-5 (Cont'd) Traffic Service and Land Use Development thoroughfares are not unduly impacted by locally generated traffic at peak traffic hour. In order to accommodate development that furthers a unique gathering place in Cross-roads area on Stevens Creek Blvd., set the LOS standard for the inter -sections of Stevens Creek Blvd. with De Anza Blvd. and Stelling Road to LOS E+. (No more than an average 45 seconds of delay per vehicle). The standard for the intersection of De Anza Blvd. at Bollinger Road shall also be LOS E+. LOS standard may also be adjusted as described in Policy 4-6 (pg.4-12). General Plan EIR Chapter V Matrix Page V-71 ENVIRONMENTAL IMPACTS Significant Environmental effects which can _-Irreversible not be Avoided Significant Environmental Effects Growth Inducing" Impacts = Mitigation Measures Alternatives to the Proposed Project Effects Found not to be Significant Cumulative . Impacts General Plan EIR Chapter V Matrix Page V-72 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Effects Environmental of the Proposed Project Characteristics Policy 4-6: Roadway Plans that Complement the Needs of Adjacent Land Uses Design City-wide. To design more To be addressed See Section 1 The intent is to roadways based efficient streets, in the specific (Introduction) and improve the aesthetics on efficient improve their project plans Section2 (Land of the streetscape. No alignments, aesthetics and and the project Use/Community adverse effect will appropriate address the review process. Design) of the result from the number and needs of General Plan. implementation of this widths of traffic adjacent land policy. lanes and related uses. improvements to support adjacent properties (pg. 4-13). Policy 4-7: Curb Cuts Minimize the City-wide. To reduce Addressed in the See Section 1 Elimination of number of potential traffic City Standards. (Introduction) and potential traffic driveway conflicts. Section 2 (Land conflicts will be a openings in each Use/Community positive effect on the development Design) of the community. (pg. 4-15). General Plan. Policy 4-8: Street Improvement Planning Plan street City-wide. To enhance the Addressed in the Same as above. Implementation of this improvements appearance of City's Road policy will have a such as curb the streetscape Improvement positive effect on the cuts, sidewalks, and safe Standards. visual character of the bus stop movement of community. turnouts, light vehicles. poles, benches, etc as an integral part of a project to ensure an enhanced street- scape and the safe movement of people and General Plan EIR Chapter V Matrix Page V-73 ENVIRONMENTAL IMPACTS Significant ', Environmental effects which Significant Environmental Irreversible Growth Inducing Impacts ' ` Mitigation Measures Alternatives to the Proposed Project Effects Found not to be Significant Cumulative Impacts can not be Effects Avoided No unavoidable effects will result from this policy: No irreversible effects_ will result`from this policy. No growth inducing: impacts:will result from this policy. No mitigation required. - _ Alternatives to the project are discussed in Chapter VII of this report. See Chapter VII foe a discussion of this topic. This policy would not contribute to the potential cumulative impacts. ' Same' as above. Same as above: Same as above. Same as above. Same as above. Same as above. ; Same as above. Same as above.. Same as above. Same as above. Same as,. above. Same as above. Same as above. Same as above. POLICY Policy 4-8: (Cont'd) Street Improvement Planning vehicles with the least possible disruption to the streetscape (pg. 4-16). Policy 4-9: Safe Parking Lots Require parking lots that are safe for pedestrians (pg. 4-16). Policy 4-10: Good Traffic Service on Major Streets Encourage through traffic to use the major streets by maintaining the highest service possible on the arterial street system (pg. 4-16). Policy 4-11: Traffic Calming on Local Streets Discourage traffic from using local neighborhood streets by employing traffic calming measures (DR. 4-16) DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics City-wide City-wide City-wide. To minimized automobile/ pedestrian conflicts. To reduce through traffic on the local streets. To improve safety and the environmental qualities of the neighborhoods. Addressed in the City's Parking Standards. Addressed in the City's policies and standards. To be addressed in a new engineering study. General Plan EIR Chapter V Matrix Page V-74 DESCRIPTION OF ENVIRONMENTAL SETTING See Section 1 (Introduction) and Section 2 (Land Use/Community Design) of the General Plan. See Section 1 (Introduction) and Section 2 (Land Use/Community Design) of the General Plan. Same as above Significant Environmental Effects of the Proposed Project Increase in pedestrian safety will have a positive effect on the community. Potential increase in traffic volumes on the major arterial and collector streets, but a reduction in through traffic on the local neighborhood streets. The installation of calming devices on the neighborhood streets will divert through traffic to the arterial and collector streets. Calming devices could create traffic hazards. General Plan EIR Chapter V Matrix Page V-75 ENVIRONMENTAL IMPACTS Significant Environmental effects which can not be Avoided Significant Environmental Irreversible Effects Growth Inducing Impacts Mitigation Measures Alternatives to the Proposed Project Effects Found not to be Significant Cumulative Impacts No unavoidable No irreversible No growth effects will result effects will inducing from this policy, result from impacts will this policy. result from this policy. No mitigation required. Alternatives to the project are discussed in Chapter VII of this report. See Chapter VII for a "discussion of this topic. No cumulative impacts will result from this policy, Same as above. Same as ` Same as above. above. Sameas above. Same as above. Same as above. Same as above. Same as above. Same as Same as above. above. Same as above. Same as above. Same as above. Same as above. General Plan EIR Chapter V Matrix Page V-76 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical Significant Boundaries Objectives Economic and Environmental Effects Environmental of the Proposed Project Characteristics Policy 4 - Limited Streets Closures Do not close City-wide. To improve To be addressed See Section 1 Street closures may streets unless safety and the in a new (Introduction) and transfer the existing there is a demonstrated environmental engineering Section 2 (Land problems of one qualities of the study. Use/Community neighborhood to safety or neighborhoods. Design) of the another. The overwhelming General Plan. implications of any through traffic problems and street closure should be there are no full investigated before acceptable implementing such alternatives. street closures. closures may shift traffic to otherlocal streets, thus moving the problem from one neighbor- hood to another (pg. 4-17). Policy 4-13: School Impacts on Neighborhood Minimize the City-wide. To minimize Addressed by See Section 1 Through coordinated impact of school potential traffic the school (Introduction) and efforts between the drop-off, pick- conflicts districts and the Section 2 (Land school districts and the up and parking between school City of Use/Community City of Cupertino this on neighbor- traffic and Cupertino. Design) of the potential traffic hoods (pg. 4-17). related General Plan. impacts may be activities and reduced to neighborhood insignificant levels. Policy 4-14: traffic. Transportation Noise, Fumes and Hazards In addition to City-wide. To protect local To be addressed Same as above. This policy will have a limiting through streets from by the City beneficial effect on the traffic volume through traffic through existing environmental on local streets, and the continuous conditions. protect the community in monitoring of community from general from the traffic noise, fumes and noise, fumes conditions. u General Plan EIR Chapter V Matrix Page V-77 ENVIRONMENTAL IMPACTS Significant Cumulative Significant Growth Mitigation Alternatives to Effects Found Environmental Environmental ., Inducing Measures the Proposed, not to'be Impacts effects which can Irreversible Impacts. Project Significant not be Avoided Effects No unavoidable No irreversible No growth No Alternatives to See Chapter No cumulative effect will result effects will inducing mitigation the project are VII of this impacts will result from this policy. result from this impacts will required. discussed in report for from this policy.. policy. result from Chapter VII of discussion of this policy. this report. this topic. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. Same as above. Same as above Same as Same as Same as Same as Same as above. above. ` above. above. above. POLICY Policy 4-14 (Cont'd): Transportation Noise, Fumes and Hazards hazards caused by the City's transportation system. The quarries on Stevens Canyon Road, Stevens Creek Blvd. and Foothill Blvd. are major sources of transportation noise (pg. 4-17). DESCRIPTION OF PROJECT Location and Statement of Technical, Boundaries Objectives Economic and Environmental Characteristics and hazards generated by the City's transportation system. General Plan EIR Chapter V Matrix Page V-78 DESCRIPTION OF ENVIRONMENTAL SETTING Significant Environmental Effects of the Proposed Project General Plan EIR Chapter V Matrix Page V-80 Environmental Assessment of General Plan Policies Section 5 — Environmental POLICY ----- unvuu DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Economic Significant Boundaries Objectives and Environmental Environmental Characteristics Effects of the Policy 5-1: Proposed Project Principles of Sustainability Incorporate the principles of See Figure 2-C (Planning Area) To integrate and balance See Section 5 (Environmental See Section 1 Implementation sustainability into Cupertino's in Section 2 environmental Resources/Sustain- (Introduction) and Section 2 (Land of this policy will not generate planning and (Land Use/Community decisions with economic ability) of the General Use/Community any adverse development Design) of the considerations Plan and the Technical Appendix. Design) of the environmental system (pg. 5-2). General Plan. and recognize General Plan. effects. the relationship between the natural, environment, the Community and its economy. Policy 5-2: Conservation and Efficient Use of Energy Resources Encourage the maximum feasible Same as above. To reduce the Same as above. Same as above. Implementation conservation and usage of nonrenewable of this policy efficient use of resources. will have a electrical power positive effect and natural gas on the resources (pg. 5-4). environment. Policy 5-3: Green Buildings Design Encourage the design and Same as above. To design Same as above. Same as above. Implementation construction of more efficient buildings in of this policy energy and the will have a resource consumption positive effect conserving/efficient of on the buildings nonrenewable onrenewable environmental. Building Design) resources. (pg- 5-6). General Plan EIR Chapter V Matrix Page V-81. ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative. EnvironmentalEnvironmental Inducing Measures the Proposed not to be Impacts effects which can Irreversible Impacts Project Significant not be Avoided Effects There will be no There will be This policy No Alternatives to See Chapter This policy will not unavoidable no.irreversible not will mitigation the, project are VII for a contribute to the effects resulting effects generate any required. discussed in discussion of potential from this policy. resulting from growth Chapter VII of this topic. cumulative impacts this policy. inducing. this report. of the project. G, impacts. - 0 Same as above. Same as Same as Same as Same as Sastre as above Same as above. above. above. above. above. Same as above. Same as Same as Same.as Same as Same as Same as above. above. above. above. `' above. above. General Plan EIR Chapter V Matrix Page V-82 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Economic and Significant. Boundaries Objectives Environmental Environmental Characteristics Effects of the Proposed Prosect Policy 5-4: Air Pollution Effects of New Development Minimize the See Section 1 To promote See Section 5 See Section 1 There could be air quality (Introduction) the health of (Environmental (Introduction) and some degradation impacts of and Section 2 citizens of Resources/Sustainability) Section 2 (Land of the local air new (Land Cupertino. of the General Plan and Use/Community quality during the development Use/Community the Technical Appendix. Design) of the construction projects Design) of the General Plan. periods. (pg. 5-8). General Plan. Policy 5-5: Air Pollution Effects of Existing Development Minimize the Same as above. To promote Same as above. Same as above. Implementation of air quality the health of this policy will impacts of citizens of have a positive existing Cupertino. effect on the local development air quality. (pg. 5-8). Policy 5-6: Walking, Jogging and Bicycling Encourage See Figure C To reduce Same as above. Same as above. Implementation of walking, (Planning Area) automobile this policy will jogging and in Section 2 emissions, have positive bicycling (Land Use/ improve the effect on the instead of Community local air and environment. driving in the Design) of the promote the City (pg. 5-9). General Plan. quality of the environment. Policy 5-7: Use of Open Fires and Fireplaces. Discourage Same as above. To reduce Same as above. Same as above. This policy will high pollution sources of have positive fireplaces pollution. effect on the (pg- 5-9). environment. General Plan EIR Chapter V Matrix Page V-83 ENVIRONMENTAL IMPACTS -- Significant ` Significant Growth Mitigation Alternatives to EffectsFound ' Cumulative. Environmental Environmental Inducing Measures ' the Proposed . not to be Impacts effects which can Irreversible Impacts '. Project Significant not be Avoided Effects There will be no There will be This policy `No Alternatives to See Chapter This policy willnot unavoidable no irreversible will not mitigation the project are VII of this contribute to the effects resulting effects generate any required. discussed in report fora potential from this policy. resulting from growth Chapter VII of discussion of cumulative this policy. inducing this report".' : ` this topic. impacts. impacts. Same as above. Same as Same as Same as Same; as Same as Same as above. above. above. above. above: above. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. General Plan EIR Chapter V Matrix Page V-84 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Economic and Significant Boundaries Objectives Environmental Environmental Characteristics Effects of the Proposed Project Policy 5-8: Public Project Landscaping Encourage See Figure 2-C To conserve See Section 5 See Section 1 Implementation of public and (Planning Area) the native (Environmental (Introduction) and this policy will quasi -public in Section 2 vegetation. Resources/Sustainability) Section 2 (Land have a beneficial agencies to (Land of the General Plan. and Use/Community effect on the landscape their Use/Community Technical Appendix. Design) of the environment. city area Design) of the General Plan. projects near General Plan. native vegetation with appropriate native plants and drought tolerant, non- invasive, non- native plants (pg. 5-10). Policy 5-9: Development Near Sensitive Areas. Encouraging Same as above. Preclude Same as above. Same as above. Implementation of clustering of damages to this policy will new develop- the sensitive have a beneficial ment away riparian effect on the from sensitive corridors, environment. areas such as wildlife riparian habitat and corridors, public open public open spaces. space preserves and ridgelines. New development in areas must have harmonious landscaping plans approved prior to development (pg. 5-13). General Plan EIR Chapter V Matrix Page V-85 Significant Environmental Significant Environmental Growth Inducing Mitigation Measures Alternatives to the Proposed Effects Found' not to be Cumulative Impacts effects which can Irreversible- Impacts Project Significant not be Avoided Effects There would be no'unavoidable effects"resulting from this policy. There will be no irreversible effects resulting from this policy This policy will not create any growth inducing No mitigation required. Alternatives to the project are discussed in Chapter VII of this report., See Chapter VII for a discussion of this topic. This'policy will contribute to the potential cumulative impacts. impacts.. Same as above. Same.as Same as Same as Same as Same as Same as above. above`. above. above. above. above. General Plan EIR Chapter V Matrix Page V-86 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Economic and Significant Boundaries Objectives Environmental Environmental Characteristics Effects of the Proposed Project Policy 5-10: Landscaping Near Natural Vegetation Emphasize Same as above.. To help See Section 5 See Section 1 Implementation of drought perpetuate the (Environmental (Introduction) and this policy will tolerant and natural Resources/Sustainability) Section 2 (Land have a beneficial pesticide- vegetation of the General Plan. and Use/Community effect on the resistant and control Technical Appendix. Design) of the environment. native plants erosion. General Plan. when landscaping near natural vegetation, particularly for control of erosion from disturbance of natural terrain (pg. 5-13). Policy 5-11: Natural Area Protection Preserve and Throughout the To protect the See Section (5 See Section 1 Implementation of enhance the Planning Area. natural (Environmental (Introduction) and this policy will existing See Figure 2-C environment. Resources/Sustainability) Section 2 (Land have a beneficial natural In Section 2 of the General Plan. Also Use/Community effect on the vegetation, (Land addressed in project Design) of the environment. landscape Use/Community review process. General Plan New features and Design) of the developments will open space General Plan. subject of further when new environmental development review. is proposed (pg. 5-13). Policy 5-12: Hillside Property Fencing Confine Hillside areas. To allow Same as above. Same as above. Implementation of fencing on migration of this policy will hillside wild animals. protect the property to the migration patterns area around a of the existing building, wildlife. General Plan EIR Chapter V Matrix Page V-87 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative Environmental Environmental Inducing Measures the Proposed not to be Impacts effects which can Irreversible Impacts Project Significant not be Avoided Effects i There would be no There will be This policy No Alternatives to See Chapter This policy will not unavoidable effects no irreversible will not mitigation the project are VII for a contribute to resulting from this effects create any, required. discussed in discussion of ' potential Policy. resulting from growth Chapter VII of this topic. cumulative this policy. inducing this report. impacts. impacts. Same as above. Same as ' Same as Same as Same as Same as Same as above. above, above. above. above. above_ Same as above. Same as Same as Same .as Same as Same as Same as above. above. above. above,-, above. above: _- General Plan EIR Chapter V Matrix Page V-88 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENT AL SETTING Location and Statement of Technical, Economic Significant Boundaries Objectives and Environmental Environmental Characteristics Effects of the Pro osed Project Policy 5-12: (Cont'd) Hillside Property Fencing rather than the entire site, to allow for migration of wild animals (pg. 5-13). Policy 5-13: Recreation in Natural Areas Limit recreation in Undeveloped, To protect the See Section (5 See Section 1 Implementation of the natural areas to open space areas natural areas. (Environmental (Introduction) and this policy will activities See Figure 5-A Resources/Sustainabi Section 2 (Land have a beneficial compatible with In Section 5 lity) of the General Use/Community effect on natural preserving the Environmental Plan. Also addressed Design) of the environment. natural vegetation, Resources/ in project review General Plan. such as hiking, Sustainability) of process. horseback riding, the General Plan. mountain biking and camping (pg. 5-13) Policy 5-14: Recreation and Wildlife Trails Provide open space See Figure 2-I To provide See Section 5 See Section 1 Implementation of linkages within and (Trail Linkages) access to the (Environmental (Introduction) and this policy will between properties in Section 2 natural areas Resources/Sustainabi Section 2 Land enhance for both (Land and corridors lity) of the General Use/Community recreational recreational and Use/Community for wildlife to Plan. Design) of the activities and wildlife activities, Design) of the travel. General Plan. provide habitat for most specifically General Plan. the wild life. for the benefit of wild life that is threatened, endangered or designated as species of special concern (pg. 5-13). General Plan EIR Chapter V Matrix Page V-89 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to . Effects Found Cumulative. Environmental Environmental Inducing' Measures the Proposed ' not to be Impacts effects which can Irreversible Impacts Project. Significant not be Avoided Effects This policy will This policy This policy No Alternatives to See Chapter This policy will not not generate any will not will not mitigation the project are, VII of this contribute to the unavoidable generate any create any required. discussed in report for a potential environmental irreversible growth Chapter VII of discussion of cumulative effects. environmental inducing this report. this topic. impacts. effects. impacts! Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. 1 above. General Plan EIR Chapter V Matrix Page V-90 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project Policy 5-15: Mineral Resource Areas Consider new mineral Within Control See Section 5 See. Section 1 Limiting the resource areas within Cupertino's operation (Environmental (Introduction) and operation of the Cupertino's sphere of sphere of within the Resources/Sustai Section 2 (Land quarry activities influence, but the influence. See mineral nability) of the Use/Community would have a cumulative impact of Figure 5-13 resource areas General Plan. Design) of the positive effect on existing and proposed (Mineral and to ensure General Plan. the existing activities should not Resources) in operations are environmental exceed present Section 5 consistent with conditions in operations in terms of Environmental the City's terms of noise, noise and traffic. Resources/ General Plan. air it and Work with Santa Clara Sustainability of traffic. Limiting county to assure that the General Plan. the potential mining operations impacts from the outside the City limits operations of the are consistent with the mineral will City's General Plan, require the that restoration plans cooperation from are adequate, and that Santa Clara mining activity is not County. extended into undisturbed lands without adequate documentation of economic purpose and environmental impacts and mitigations (pg. 5-14). Policy 5-16: Mineral Extraction Controls Control scenic Same as above. To provide Same as above. Same as above. Implementation restoration and noise protection of this policy pollution as well as air from the will ensure and water pollution in degradation of protection to mineral extraction, the visual qualities quarrying, processing environment. and the ambient and transportation noise levels and (pg.2-15). air quality. General Plan EIR Chapter V Matrix Page V-91 ENVIRONMENTAL IMPACTS Significant Environmental effects which can not be Avoided Significant Environmental Irreversible Effects Growth Inducing Impacts Mitigation Measures Alternatives to the Proposed Project Effects Found not to be Significant Cumulative. Impacts This policy will This policy This policy Mitigation of Alternatives to See Chapter This policy will not generate any will not will not impacts the project are VII of this not contribute to unavoidable generate any, create any resulting discussed in report for a the potential environmental irreversible . growth from the Chapter VII of discussion of cumulative effects. environmental inducing operations of this report. this topic. impacts. effects: impacts. the mineral ' resources is the responsibility of the operator: Same as above. Same as Same as Same as _ Same as Same as Same as above. above. above above. '. above. above. General Plan EIR Chapter V Matrix Page V-92 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project Policy 5-17: Incompatible Land Uses. Conserve mineral See Figure 5-B To preclude See Section 5 See Section 1 There will not be resource areas (Mineral incompatible (Environmenta (Introduction) and any adverse outside the City Resources) In uses to be 1 Resources/ Section 2 (Land effect resulting (pg. 5-15). Section 5 developed near Sustainability) Use/Community from this policy. (Environmental identified of the General Design) of the Resources/ mineral resource Plan. and the General Plan. Sustainability) of areas. Technical the General Plan. Appendix. Policy 5-18: Recreation at Old Quarries. Consider the Same as above. To rehabilitate Same as Same as above. Implementation desirability of the land and above. of this policy designating provide will have abandoned quarries recreational beneficial effects for passive recreation opportunities. on the to rehabilitate land environment (pg. 5-15). Policy 5-19: Natural Water Bodies and Drainage Systems Require that site Throughout the To limit Same as above. This policy will design respect the Planning Area. disturbance to Same as have a beneficial topography and the natural water above. effect on the drainage to the extent bodies and water resources practicable to reduce natural drainage and the the amount of system. environment in grading necessary general. and limit disturbance Improvements to natural water plans will be bodies and natural subject to review drainage systems by the agency caused by having development jurisdiction over including roads, the areas highways and bridges affected. (pg. 5-15). General Plan EIR Chapter V Matrix Page V-93 ENVIRONMENTAL IMPACTS Significant Environmental effects which can not be Avoided Significant Environmental Irreversible Effects Growth Inducing Impacts Mitigation Measures Alternatives to < the Proposed Project Effects Found not to be Significant . Cumulative. Impacts . There will be no There will be This policy No Alternatives to See Chapter This policy will not unavoidable no irreversible will not mitigation the project are VII for a contribute to the environmental environmental create any required. discussed in discussion of potential effects resulting effects growth Chapter VII of ` this topic. cumulative from this policy. resulting from inducing this report. impacts. this policy: impacts. Same as above. Same as Same as Same as "Same as " Same as Same as above. above. above. above. above: above. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. General Plan EIR Chapter V Matrix Page V-94 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project Policy 5-20: Reduction of Impervious Surfaces Minimize storm Throughout the To reduce the See Section 5 See Section 1 There will be no water flow and Planning Area. amount of (Environmental (Introduction) and adverse effects erosion impacts water runoff Resources/Sustaina Section 2 (Land on the resulting from from new bility) of the Use/Community environment development development. General Plan. Design) of the resulting from (pg. 5-15). General Plan. this policy. Policy 5-21: Pollution and Flow Impacts Prior to making Throughout the To weigh the Same as above. Same as above. Same as above. land use decisions, Planning Area. benefits estimate increases against the in pollutant loads potential and flows resulting impacts of the from projected project. future development (pg. 5-17). Policy 5-22: Compact Development Away from Sensitive Areas Where such Same as above. To preclude Same as above. Same as above. Same as above. measures do not impacts on the conflict with other sensitive areas. municipal purposes or goals, encourage, via zoning ordinances, compact development located away from sensitive areas (pg. 5-17). General Plan EIR Chapter V Matrix Page V-95 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative. Environmental Environmental Inducing Measures the Proposed not to be Impacts effects which can Irreversible Impacts Project Significant not be Avoided Effects No unavoidable No irreversible This policy No Alternatives to See Chapter This policy would environmental environmental would not mitigation the project are VII for a not contribute to effects would effects would''` create any require. discussed in discussion of the potential result from this result from this growth Chapter VII of this topic. cumulative policy. policy`. inducing this report. impacts. impacts. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. - above. above. General Plan EIR Chapter V Matrix Page V-96 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project Policy 5-23: Conformance with Watershed - Based Planning and Zoning Encourage Watersheds To protect See Section 5 See Section 1 There will be no development areas of the watersheds areas. (Environmental (Introduction) and adverse effect projects to follow Planning Area. Resources/Sustain- Section 2 (Land resulting from watershed -based ability) of the Use/Community the planning and General Plan. Design of the General implementation zoning by Plan. of this policy. examining the Such projects project in the will subject to context of the their own entire watershed environmental area review. (pg. 5-17). Policy 5-24: Ground Water Recharge Sites Support the Santa Throughout To recharge the Same as above. Same as above. Implementation Clara Valley Water the Planning aquifers and of this policy District to find and Area. See provide would have a develop Figure 2-C in recreational beneficial effect groundwater Section 2 areas. on the recharge sites (Land Use/ groundwater within Cupertino's Community basin and the Planning Area and Design) of the general public. provide for public General Plan. recreation at the sites where possible. (Pg. 5-17). Policy 5-25: Other Water Sources Encourage the Same as To maintain an Same as above. Same as above. Same as above. research of other above. adequate supply water sources, of water. including water reclamation (pg.5-18). General Plan EIR Chapter V Matrix Page V-97 ENVIRONMENTAL IMPACTS ■ Significant Environmental effects which can not be Avoided Significant Environmental Irreversible Effects Growth Inducing Impacts Mitigation Measures Alternatives to the Proposed Project Effects Found not to be Significant Cumulative. Impacts No unavoidable No irreversible This policy No Alternatives to See Chapter This policy would environmental environmental will not mitigation the project are VII of this not contribute to effects would effects would generate any required. discussed in report for a the potential result from the result from this growth Chapter VII of discussion of cumulative implementation policy. inducing this report. this topic.. impacts. of this policy. impacts. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. Same as above. Same as Same as Same as ' ', Same as Same as Same as above above. above above. above: above. i General Plan EIR Chapter V Matrix Page V-98 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Propos d Project Policy 5-26: Industrial Water Recycling Encourage Throughout the To reduce water See Section 5 See Section 1 This policy will industrial Planning Area. usage and to (Environmental (Introduction) and not generate any projects to have increase the water Resources/Sustain- Section 2 (Land adverse long-term supply, ability) of the Use/Community environmental conservation General Plan and Design) of the effects. measures the Technical General Plan. including Appendix. recycling equipment for manufacturing and pooling water supplies in the plant. Work with the Cupertino Sanitary District to carry out this policy (5-18). Policy 5-27: Natural Water Courses Retain and Throughout the To protect wildlife Same as above. Same as above. Same as above. restore creek Planning Area. habitat and beds, riparian recreation potential corridors, and assist watercourses and groundwater associated percolation. vegetation in their natural state (pg. 5-18). Policy 5-28: Interagency Coordination Actively pursue South Bay To explore Same as above. Same as above. Same as above. interagency Region. See conservation coordination for Figure 2-A in methods. regional water Section 2. (Land supply problem Use/Community solving Design) of the (pg. 5-5-19). General Plan. u General Plan EIR Chapter V Matrix Page V-99 ENVIRONMENTAL IMPACTS Significant Environmental effects which can not be Avoided Significant Environmental Irreversible Effects Growth Inducing Impacts Mitigation Measures Alternatives to the Proposed ' Project Effects Found not to be Significant Cumulative, Impacts No unavoidable No irreversible This policy No Alternatives to See Chapter This policy would environmental environmental will not mitigation the project are VII for a not contribute to effects would effects ;would generate any required. discussed in' discussion of the potential result from this result from this growth Chapter VII of this topic. cumulative policy: policy. inducing this report. impacts. impacts. Same as above. Same as Same as Sameas Same as Same as Same as above. above_ above. above. above. above. Same as above. Same as Same as Same as ,`; Same as Same as Same as above. above. above. above. above. above. 1 General Plan EIR Chapter V Matrix Page V-100 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project Policy 5-29: Local Conservation Policies Similar to Region -wide Policies Maintain City-wide Throughout the To reduce See Section 5 See Section 1 Implementation efforts of water Planning Area. water usage. (Environmental (Introduction) and of this policy conservation efforts Resources/Sustai Section 2 (Land will not generate similar to those being n -ability) of the Use/Community any adverse conducted on a General Plan and Design) of the impacts. regional scale Technical General Plan. (pg. 5-19). Appendix. Policy 5-30: Public Information Effort Provide the public Throughout the To keep the Same as above. Same as above. This policy information regarding Planning Area. public would have a water conservation/- informed beneficial effect efficiency techniques regarding on valuable (pg. 5-19)_ water resource. conservation. Policy 5-31: Excessive Water Use Prohibit excessive Same as above. To protect the See Section 5 — Same as above. Same as above. water uses water supplies. Environmental throughout the City Resources/ - (pg. 5-20). Sustainability, pg. 5-19 and Policy 5-32: existing Urban Runoff Municipal Codes Pollution Prevention and Ordinances. Program Support and Same as above. To minimize Same as above. Same as above. This policy participate in the pollution of would contribute Santa Clara Valley the San to the Urban Runoff Francisco Bay. improvement of Pollution Prevention the water quality Program to improve of San Francisco the quality of storm Bay. runoff discharged into San Francisco Bay (pg. 5-21). ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative. Environmental Environmental Inducing Measures the Proposed not to be Impacts effects which can Irreversible Impacts Project Significant not be Avoided Effects No unavoidable No irreversible This policy No Alternatives to ` See Chapter This policy would environmental environmental would not mitigation the project are VII for a not contribute to effects would effects would create any _ required. discussed in discussion of the potential result from this result from this : growth Chapter VII of this topic. cumulative policy. policy. inducing this report. impacts. impacts. Same as above: 'Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. Same as above. Same as ' Same as Same as ' Same as Same as Same as above. above. above. above. 'above. above. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above: above. above. General Plan EIR Chapter V Matrix Page V-102 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project Policy 5-33: Illicit Discharge into the Storm Drains and Waterways Prohibit discharge of Throughout the To protect the See Section 5 See Section 1 Implementation pollutants and illicit Planning Area. water quality. (Environmental (Introduction) and of this policy dumping of waste into Resources/Sustai Section 2 (Land will not generate storm drains, creeks and n -ability) of the Use/Community./Des any adverse waterways General Plan and ign) of the General effects on the (pg. 5-21). the Technical Plan. environment. Appendix. Policy 5-34: Storm Water Runoff Encourage the Same as above. Same as above. Same as above. Same as above. Same as above reduction of impervious To minimize surface areas and runoff from new investigate development. opportunities to retain storm runoff on new development (Pg. 5-21). Policy 5-35: Development of Septic Systems Do not permit urban See Land Use To protect Same as above. Same as above. Same -as above. development to occur in Plan of the quality of water areas not served by a General Plan. table. sanitary sewer system, except in previously approved Regnart Canyon development (pg. 5-21). Policy 5-36: Mitigation for Potential Storm Water Impacts Require mitigation City-wide. To improve the Same as above. Same as above. Mitigation measures for potential quality of storm measures can be storm water pollutant waters and developed impacts for projects protect San through the subject to environmental Francisco Bay. project review review (pg. 5-21). process. General Plan EIR Chapter V. Matrix Page V-1.03 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to 'Effects Found Cumulative. Environmental Environmental Inducing Measures the Proposed not to be Impacts effects which can . Irreversible Impacts Project Significant not be Avoided Effects No unavoidable No irreversible This policy No Alternatives to See Chapter This policy would environmental environmental would not ;mitigation the projects are `V11 of this not contribute to effects would effects would generate any required. discussed in report for' the potential result from this result from this growth Chapter VII of discussion of cumulative policy> policy: inducing this report.. this topic.. impacts. impacts.' Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above_ above. Same as above. Same as Same as ;Compliance, . Same as Same as Same as above. above. above. with State'; above. above. Codes, NPDES and City ;' ;' Ordinances. General Plan EIR Chapter V Matrix Page V-104 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location Statement of Technical, Significant and Objectives Economic and Environmental Boundaries Environmental Effects of the Characteristics Proposed Project Policy 5-37: Pest—Resistant Landscaping and Design Features The City will encourage Throughout To improve See Section 5 See Section 1 The the consideration of pest- the Planning the quality of (Environmental (Introduction) and implementation resistant landscaping Area. the Resources/Sustain- Section 2 (Land of this policy design features, and the landscaping ability) of the Use/Community would have a incorporation of storm and reduce General Plan and Design) of the positive effect on water retention techniques storm runoff the Technical General Plan. the environment. in the design and form projects. Appendix. landscaping of proposed development projects (pg. 5 -21) - Policy 5-38: Commercial/ Industrial Recycling. Expand existing Commercial To reduce the Same as above. Same as above. Same as above. commercial and industrial and waste stream recycling programs to Industrial to maximize meet and surpass AB939 areas. See the capacity of waste stream reduction Land Use the landfill goals (pg. 5-22). Map. site. Policy 5-39: Residential Recycling Streamline the residential Throughout To facilitate Same as above. Same as above. Same as above. curbside recycling the recycling program in the next residential efforts in the decade. Include all city- areas. residential wide residential zoning areas. districts in the curbside recycling program (pg. 5 -22) - Policy 5-40: On -Site Garbage Area Dedication Modify existing and Multi- To reduce the Same as above. Same as above. Same as above. require new multi -family, family, solid waste commercial and industrial commercial stream. land uses have 50% of and their garbage areas industrial dedicated to recycling and areas. no more than 50% garbage (pg. 5-22). General Plan EIR Chapter V Matrix Page V-105 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives Effects Found Cumulative Environmental Environmental Inducing Measures to the not to be Impacts effects which can Irreversible Impacts Proposed Significant not be Avoided Effects Project This policy No irreversible No growth No Alternatives See Chapter This policy would would not environmental inducing mitigation to the VII for a ` not generate any generate any effects would impacts required. project are discussion of potential unavoidable result from this would be discussed in this topic. cumulative environmental policy. generated by Chapter VII impacts. effects. this policy. of this report. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. Same as above. Same as Same as Same as Sama as Same as Same as above. above. above. above. above. above. Same as above. Same as Same as Same as Same as Same a's Same as above.`' above. above. ,above. above. above. General Plan EIR Chapter V Matrix Page V-106 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location Statement of Technical, Economic Significant and Objectives and Environmental Environmental Boundaries Characteristics Effects of the Proposed Project Policy 5-41: Public Education Promote the City-wide To inform the See Section 5 See Section 1 No adverse existing public public of the (Environmental (Introduction) and environmental education program importance of Resources/- Section 2 (Land effects will result regarding the recycling and Sustainability) of the Use/Community from the reduction of solid recycling General Plan and the Design) of the implementation waste disposal and methods. Technical Appendix. General Plan. of this policy. recycling (pg. 5-23). Policy 5-42: City Recycling Encourage City Throughout To reduce the Same as above. Same as above. Same as above. staff to recycle at all City solid waste all City facilities facilities. stream to meet (pg. 5-23). and exceed the State Policy 5-43: requirements. Re -distribution or reusable Materials Through public City-wide To minimized Same as above. Same as above. Same as above. education, impacts on encourage residents nonrenewable and businesses to resources. re -distribute reusable materials, e.g., garage sales, materials exchange (pg. 5-23). Policy 5-44: Reuse of Building Materials Encourage the Same as To reduce the Same as above. Same as above. Same as above. recycling and reuse above. solid waste of building stream and materials, reduce the including recycling impacts on materials generated nonrenewable by demolitions and resources. remodeling of buildings (pg. 5-23) General Plan EIR Chapter V Matrix Page V-107 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative Environmental Environmental Inducing Measures the Proposed not to be Impacts effects which can Irreversible Impacts Project Significant not be Avoided Effects Dissemination. of This policy There would No Alternatives to See Chapter This policy would public education would not be no mitigation the project are VII for a not contribute to is not an activity generate any growth required. discussed in discussion of the potential, that could cause irreversible Impacts Chapter VII of this topic. cumulative unavoidable environmental resulting this report: _ impacts. environmental effects. from this effects. 'policy. Recycling would Same as Same as Same as Same as Same as Same as above. be beneficial to above above. above. above. above. the community and would not generate any unavoidable environmental effects: Same as above. Same as Same as Same as Same as Same as Same. as above. above. above. above. above. above. Same as above. Same as Same as Same as Same as Same as Sameasabove. above. above. above. above. above. General Plan EIR Chapter V Matrix Page V-108 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project Policy 5-45: Coordination with the Cupertino Sanitary District Provide input into City-wide. To maintain Section 5 See Section 1 This policy would not District's Master open com- (Environmental (Introduction) and generate any Plan preparation to munication Resources/- Section 2 (Land significant ensure that issues channels Sustainability) of Use/Community environmental relevant to between the the General Plan Design) of the effects. Cupertino's two agencies. and the Technical General Plan. land use policies Appendix. are addressed , and work closely with the district on the implementation of the General Plan (pg. 5-24). Policy 5-46: Sunnyvale Treatment Plant Consider the East Stevens To coordinate Same as above. Same as above. Same as above. impacts on the Creek area. land use Sunnyvale sanitary policies with sewer system if service significant office providers. uses are proposed in the east Stevens Creek Blvd.. area (pg. 5-25). Policy 5-47 Vallco Parkway Recognize that new Commercial To inform Same as above. Same as above. This issue will be high discharge and office/ prospective addressed at time users in the Vallco industrial areas developers of applications are made area and the where heavy the existing for development in Stevens Creek sewer conditions. the area. Blvd. and Blaney generators area will be may be required to pay for located. tributary lines (pg. 5-25). General Plan EIR Chapter V Matrix Page V-109 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative Environmental Environmental Inducing Measures the Proposed not to be Impacts effects which can Irreversible Impacts Project Significant not be Avoided Effects Interaction with This policy There would No Alternatives to ' See Chapter VII This policy other agencies would not no growth mitigation the project for a discussion would not Would not create generate any inducing required. area discussed of this topic. contribute to the any unavoidable irreversible impacts in Chapter VII potential environmental environmental resulting of this repot. cumulative effects. effects. from this impacts. policy. Same as above. Same as Same as Same as Same as Same as above. Same as above. above. above. above. above. Implementation of Same as Same as Mitigation Same as Same as above.' Cumulative the mitigation above. above. measures above. impacts are measures required will be . discussed in by this policy will developed Chapter VII. eliminate the through the creation of any project unavoidable review, environmental ' process. effects. General Plan EIR Chapter V Matrix Page V-110 Environmental Assessment of General Plan Polices Section 6 — Health and Safetv POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project Policy 6-1: Seismic/Geologic . Review Process - Evaluate new City-wide To prevent See Section 6 See Sectionl There will be no development losses of life (Health and (Introduction) and significant adverse proposals within and property Safety) of the Section 2 (Land impact resulting mapped potential due to General Plan. Use/Community from this policy. hazard zones using a geologic and Design) of the The intent of this formal seismic/ seismic General Plan. policy is to geologic review hazards. preclude potential process. Use Table geologic and 6-D of this Hazards seismic hazards. Analysis to determine See Section 9 of the level of review Chapter VI of this required report. (pg. 6-4). Policy 6-2: Public Education on Seismic Safety Reinforce the Same as above. To increase Same as Same as above. The effect of this existing public public above. policy would be to education program to awareness of increase emergency help residents reduce potential preparedness and earthquake hazards geologic and reduce losses due (pg. 6-9). seismic to geologic and hazards. seismic hazards. Policy 6-3: Wild Fire Prevention Efforts Coordinate wild fire Same as above. To prevent See Section 6 Same as above. This policy would prevention with wild fires. (Health and have a positive adjacent jurisdictions Safety) of the effect on both the (pg. 6-12). General Plan. flora and fauna and minimize losses of Policy 6-4: life and property. County Fire Hazard Reduction Encourage the County Same as above. Same as Same as Same as above. Same as above. to put into effect fire above. above. Also reduction policies of see Santa the County Public Clara County's Safety Element. Safety (pg. 6-12). Element. General Plan EIR Chapter V Matrix Page V-111 ENVIRONMENTAL IMPACTS Significant. Significant Growth Mitigation Alternatives to Effects Found Cumulative. Environmental Environmental Inducing Measures' the Proposed not to be Impacts effects which can Irreversible Impacts ` Project Significant riot be Avoided Effects Implementation This policy There would No Alternatives to. See Chapter There would be no of the formal ° would not be no mitigation the projects are VII for a cumulative impacts seismic/geologic generate any growth required. discussed in discussion of resulting from this review would`not irreversible inducing Chapter VII of this topic. policy. create any environmental impacts this report. unavoidable effects. resulting environmental from this effects. policy. Dissemination of Same as Same as Same as Same as Same as Same as above. information will above. above. above. above. above. not generate any unavoidable environmental effects. Interaction with Same as Same as Same as Same as Same as Same as above. other agencies above. above. above. - above. above. will not generate any unavoidable effects. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. General Plan EIR Chapter V Matrix Page V-112 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Effects Environmental of the Proposed Project Characteristics Policy 6-5: Fuel Management to Reduce Fire Hazard Encourage the Open space To reduce See Section 6 See Section 1 Implementation of this Midpeninsula lands in the potential fire (Health and (Introduction) and policy will have a Open Space mountainous hazards in the Safety) of the Section 2 (Land positive effect on the District and the areas of the mountainous General Plan Use/Community environmental County Parks Planning Area. open space and Technical Design) of the conditions of the Department to See Figure 2-C lands of the Appendix. General Plan. mountainous open continue efforts in Section 2 Cupertino space areas. in fuel (Land Planning Area. management to Use/Community reduce fire Design) of the hazards General Plan. (pg. 6-12). Policy 6-6: Green Fire Breaks Encourage the Same as above. Same as above. Same as above. Same as above. Same as above. Midpeninsula Open Space District to consider "greed' fire breaks use for open space lands (pg. 6-12). Policy 6-7: Early Project Review Involve the Fire City-wide. To minimize Same as above. Same as above. This policy will have a Department in potential fire positive effect on the the early design hazards in all environment as it stage of all new would reduce potential projects construction. fire hazards on all new requiring public construction. review (pg. 6-15). General Plan EIR Chapter V Matrix Page V-113 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative. Environmental Environmental Inducing Measures the Proposed not to be Impacts-- mpacts,effects ,effectswhich can Irreversible Impacts Project Significant not be Avoided Effects Implementation This policy This.policy No Alternatives to See Chapter There will be no of this policy would not would not mitigation the project are VII for a cumulative impacts would not generate any generate any required. discussed in discussion of resulting from this generate any irreversible growth Chapter VII of this topic. policy. unavoidable environmental inducing" this report. environmental effects. impacts. effects. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above.• above. above. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. General Plan EIR. Chapter V Matrix Page V-114 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project Policy 6-8: Commercial and Industrial Fire Protection Guidelines Coordinate with the The commercial To minimize See Section 6 See Section 1 Implementation Fire Department to and industrial potential fire (Health and (Introduction) and of this policy Develop new areas. hazards in the Safety) of the Section 2 (Land would have a guidelines for fire commercial General Plan and Use/Community positive effect on protection for and industrial the Technical Design) of the the environment commercial and areas. Appendix. General Plan. as it would industrial land uses reduce potential (pg. 6-15). fire hazards in the commercial Policy 6-9: and industrial Fire Protection and areas. Emergency Preparedness Promote fire City-wide. To educate the Same as above. Same as above. Implementation prevention and public and of this policy emergency alert it of would contribute preparedness through potential fire to the health and City initiated pubic hazards. safety of the education programs community. (pg. 6-15). Policy 6-10: Multi -Story Buildings Fire Risks Recognize that multi- The commercial, To alert the Same as above. Same as above. This policy will story buildings of any industrial and public about alert the public land use type increase high density the risks about the risks of fire residential areas. associated potential risks (pg. 6-15). See Land Use with multi- associated with Map. story multi -story Policy 6-11: buildings. buildings. Residential Fire Sprinklers Ordinance Consider adopting a City-wide To prevent Same as above. Same as above. The ordinance residential fire fires and would mitigate sprinkler ordinance reduce the fire hazards in (pg. 6-15). need for the home and firefighting reduce demands services. on firefighting services. General Plan EIR Chapter V Matrix Page V-115 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative . Environmental - Environmental Inducing Measures the Proposed not to be Impacts effects which can Irreversible Impacts Project Significant ' not be Avoided Effects Interacting with This policy This policy No Alternatives to See: Chapter This policy would other agencies would not would not mitigation the project are VII for a not- generate any would not create create any cause any required. discussed in. discussion of cumulative any unavoidable ' irreversible growth Chapter VII of this topic. impacts. environmental environmental inducing this report. effects. effects. impacts. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. Same as above. Same as Same as Same as Same -as Same as - Same as above. above. above. above. ' . above. above. General Plan EIR Chapter V Matrix Page V-116 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project Policy 6-12: Smoke Detectors Require smoke City-wide To Improve See Section 6 See Section 1 This policy will not detectors in all new health and safety (Health and (Introduction) and generate any residential units, in the home. Safety) of the Section 2 (Land significant averse and in all General Plan and Use/Community effects. It will, residential units at the Technical Design) of the however, improve the time of sale or Appendix. General Plan. the safety of the rental, in homes. conformance with State law (pg. 6-15). Policy 6-13 Wood Shake Roof Abatement. Adopt an Same as To minimize See Section 6 Same as above. aggressive wood above. potential fire (Health and Implementation of shake abatement hazards, Safety) of the this policy will program to require particularly in General Plan result in increased that any roof that is the hillside areas. and the safety. 25% or more Technical replaced must use Appendix. fire retardant materials for all replacement shake. (pg. 6-15). Policy 6-14: Roadway Design Involve the Fire City-wide. To improve Same as above. Same as above. The ultimate effect Department in the maneuverability of this policy will design of public of firefighting be to improve roadways equipment on the response time for (pg. 6-17). public streets. firefighting services. Policy 6-15: Dead -End Street Access: Allow public use of City-wide. To improve Same as above. Same as above. Implementation of private roads for accessibility and this policy will emergencies for response time for result in improved hillside the hillside areas. accessibility and subdivisions response time for (pg. 6-17). the hillside areas. General Plan EIR Chapter V Matrix Page V-117 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative Environmental Environmental Inducing Measures the Proposed not to be Impacts effects which can Irreversible Impacts Project Significant not be Avoided Effects This policy There would This policy No Alternatives to See Chapter There would be no would' not be no would not mitigation the project are VII of this cumulative "impacts generate any irreversible create any required. discussed in report for a resulting from this unavoidable environmental growth Chapter VII of discussion of policy. environmental effects inducing this report. this topic. effects. resulting'from impacts. this policy. Same as above. Same as Same as Same as Same as Same as Same as' above.. above. above. above. above. above. Same as above. Same as Same as Same as Same as 1 Same as Same as above. above. above. above.;;,. above. above. Same as above_ - Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. General Plan EIR Chapter V Matrix Page V-118 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project Policy 6-16: Hillside Access Routes Require new hillside Hillside areas To improve See Section 6 See Section 1 There will be no development to of the City. accessibility to (Health and (Introduction) and significant upgrade existing the residential Safety) of the Section 2 (Land adverse effects access roads to meet developments General Plan and Use/Community as a result of this Fire Code and City within the the Technical Design) of the policy, but it will Standards hillside areas. Appendix. General Plan. improve the (pg. 6-17). safety of the hillside areas. Policy 6-17: Hillside Road Upgrades Require new hillside Hillside areas Same as above. Same as above. Same as above. Implementation development to of the City. of this policy upgrade existing will not generate access to roads to any significant meet Fire Code and adverse impacts. City Standards (pg. 6-17). Policy 6-18: Private Residential Electronic Security Gates Discourage the use of City-wide. To remove See Sections 5 Same as above. The effect of this private residential barriers for Health and policy will be to electronic security emergency Safety) and the remove barriers gates that act as a personnel. Technical that may impede barrier to emergency Appendix of the access to private personnel General Plan. residential (pg. 6-17). developments under emergency Policy 6-19: conditions. Extension of Water Service Encourage the water Hillside areas To improve Same as above. Same as above. This policy will companies to extend of the City. water service and not have any water service into the provide greater physical effect hillside and canyon capacity for on the areas firefighting environment. (pg. 6-18). purposes. Other agencies responsibility. General Plan E1R Chapter V Matrix Page V-119 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to ` Effects Found Cumulative . Environmental Environmental Inducing Measures the Proposed not to be Impacts effects which can Irreversible Impacts Project Significant not be Avoided Effects Implementation This policy No growth No Alternatives to See Chapter There would be no of this policy would not inducing mitigation the project are VIIof this cumulative impacts, would improve create any impacts required. discussed in report for a resulting from this the safety of the irreversible would result Chapter VII of discussion of policy. hillside develop- ` environmental from this this report. this topic. ments and would effects. policy. not generate any unavoidable effects. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. .:above. above. above. General Plan EIR Chapter V Matrix Page V-120 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project Policy 6-20: Growth Cooperation Encourage City-wide To maintain an See Section 6 See Sectionl This policy will cooperation adequate supply (Health and (Introduction) and not generate any between water of water for Safety) of the Section 2 (Land significant utility companies firefighting General Plan and Use/Community environmental and the Fire needs and to plan the Technical Design) of the General effects. Department for future Appendix. Plan (pg. 6-18). growth. Policy 6-21: Fire Fighting Upgrades Needs Encourage utilities Same as above. Same as above. Same as above. Same as above. Same as above. to consider Fire Department firefighting needs when upgrading water systems (pg. 6-18). Policy 6-22: Residential Fire Sprinklers Require fire Same as above. To minimize fire Same as above. Same as above. Same as above. sprinklers in new damages and residential increase safety construction levels. located in hillside areas and flag lots (pg. 6-18). Policy 6-23: Neighborhood Awareness Programs Support the Same as above. To prevent crime Same as above. Same as above. Same as above. Neighborhood in the Watch Program neighborhoods. and others intended to help neighborhoods prevent crime (pg. 6-21). General Plan EIR Chapter V Matrix Page V-121 ENVIRONMENTAL IMPACTS Significant Significant Growth' Mitigation Alternatives to Effects Found Cumulative . Environmental Environmental Inducing Measures the Proposed' not to be Impacts effects which can Irreversible Impacts Project Significant not be Avoided Effects There would be This policy No growth No Alternative to See Chapter 'There would be no no unavoidable would not inducing mitigation the project are VII of this cumulative impacts `. environmental generate any impacts required. discussed in report for a resulting from this effects resulting irreversible would result Chapter VII of discussion of policy." from this policy. environmental from this this report. this topic. effects. policy. Same as above" Same as Same as Same as Same as Same as Same as above. above" above. above. above. above. Same as above. Same as Same as Same as Same as Same as. Same as above. above. above, above. above. above. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above." above. above. General Plan EIR Chapter V Matrix Page V-122 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project Policy 6-24: Public Perimeter Roads for Parks Encircle City-wide. To facilitate visual See Section 6 See Section 1 This policy will not neighborhood surveillance of the (Health and (Introduction) and generate any parks with a parks. Safety) of the Section 2 (Land significant adverse public road to General Plan Use/Community environmental provide visual and the Design) of the effects. accessibility Technical General Plan. whenever Appendix. possible (pg. 6-21). Policy 6-25: Crime Prevention in Building Design. Consider Same as above. To eliminate Same as Same as above. Same as above. relationship opportunities for above. between building criminal activities design and crime in buildings. prevention in reviewing all developments (pg. 6 -21) - Policy 6-26: Fiscal Impacts Recognize fiscal Same as above. To minimize Same as Same as above. Same as above. impacts to the potential fiscal above. County Sheriff impacts. and City of Cupertino when approving various land use mixes (pg. 6-21. Policy 6-27: Pre -hearing Review Continue to Same as above. To include security Same as Same as above. Same as above. request County in new above. developments. General Plan EIR Chapter V Matrix Page V-123 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives. to Effects Found Cumulative. Environmental Environmental Inducing Measures the Proposed not. to be Impacts effects which can Irreversible Impacts Project Significant not be Avoided Effects There would not There would No growth No Alternatives to See Chapter There would be no be any not be any inducing mitigation the project Are VII for a cumulative impacts unavoidable irreversible impacts required. discussed in discussion of resulting from this environmental environmental would be Chapter VII of this topic. policy. effects resulting effects generated by this report. from this policy. resulting from ' this policy. this policy: Same as above. Same as Same as Same as Same as Same as Same as above. above, above. above. above. above. Same as above. Same as, Same as Same as Same as Same as Sarre as above. above. above. above. above. above: Same as above. Same as Same as Same as Same as Same as Same as.above. above. above. above. above. above. General Plan EIR Chapter V Matrix Page V-124 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project Sheriff review and comment on development applications (pg. 6-21). Policy 6-28: Hazardous Materials Storage and Disposal Require the proper City-wide. To prevent See Section 6 See Section 1 This policy will storage and disposal of leakages, (Health and (Introduction) and not generate any hazardous materials to potential Safety) of the Section 2 (Land significant prevent leakage, explosions, General Plan and Use/Community effects. potential explosions, fires or release City's Hazardous Design) of the fire or the release of of hazardous Material and General Plan. harmful fumes materials. Toxic Gas (pg. 6-22). Ordinances. Policy 6-29: Proximity of Residents to Hazardous Materials Assess hazards from Industrial and To ensure that Assessment to be Same as above. Same as above. exposure to hazardous manufacturing potential conducted during materials by residents areas within hazardous the project of new childcare the City. conditions are review process in facilities proposed in mitigated to accordance with existing industrial and acceptable the applicable manufacturing areas. levels. guidelines and Do not allow residential City and County development if such Ordinances. hazardous conditions cannot be mitigated to an acceptable level of risk (pg. 6-22). Policy 6-30: Electromagnetic Fields. Consider potential City-wide. To preclude See Section 6 Same as above. Same as above. hazards from potential Health and electromagnetic fields electro- Safety) of the in the project review magnetic General Plan and process impacts. the Technical (pg. 6-22). Appendix. General Plan EIR Chapter V Matrix Page V-125 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives`to Effects Found Cumulative . Environmental Environmental Inducing Measures the Proposed not to be Impacts effects which can Irreversible Impacts' Project Significant not be Avoided Effects Implementation There would There would No Alternatives to See Chapter This policy would of this policy be no be no mitigation the project are VII for a not generate any will enhance the irreversible growth required. discussed in discussion of cumulative safety of the environmental inducing Chapter VII of this topica impacts. community and effects impacts this report. will not create resulting from resulting any unavoidable this policy. from this environmental policy. effects. Same as above. Same as Same as Same as Same as Same as Same as above. above. above' above. above. above. Same as above. Same as Same as Same;, as Same as , Same as Same as above. above. above. above. above. above. . General Plan EIR Chapter V Matrix Page V-126 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project Policy 6-31: Alternative Products Encourage residents City-wide. To reduce See Section 6 See Section 1 This policy will not and businesses to use the (Health and (Introduction) and generate any non and/or less generation Safety) of the Section (Land significant adverse hazardous products, to of new General Plan and Use/Community impacts. See slow the generation of hazardous the Technical Design) Chapter VI this new hazardous waste waste. Appendix. report. requiring disposal through the county- wide program (pg. 6-24). Policy 6-32: Household Hazardous Waste Support and help fund Same as To provide Same as above. Same as above. Same as above. the County -wide above. residents Household Hazardous and small Waste Program, to businesses provide residential and the small business opportunity community the for proper opportunity to properly disposal of dispose of hazardous hazardous waste waste. (pg. 6-24). Policy 6-33: Hazardous Waste Dumping Inform the residential Same as To prevent Same as above. Same as above. Same as above. and business above. hazardous communities about the waste illegality of dumping dumping hazardous waste into into bay. the storm drain system and creeks (pg. 6-24). Policy 6-34: Promote Emergency Preparedness Distribute multi- hazard City-wide. To inform Same as above. Same as above. Same as above. and prepare the General Plan EIR Chapter V Matrix Page V-127 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative. Environmental Environmental Inducing Measures..the Proposed not to be Impacts effects'which can Irreversible Impacts Project Significant not be Avoided Effects Implementation This policy There would No Alternatives to See Chapter There would not be of this policy would not not be any mitigation - the project are VII for a any cumulative would contribute generate any growth required. discussed in discussion of impacts resulting to a reduction of irreversible inducing Chapter VII of this topic. from this policy. hazardous waste environmental impacts this report. and wouldlnot effects. resulting create any from this unavoidable policy. environmental effects. Same as above. Same as Same as Same as Same as _ Same as Same as above. above. above. above. above. above. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. Same as above. Same as Same as Same, as Same as Same as Same as above. above. above. above. above. above. General Plan EIR Chapter V Matrix Page V-128 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project emergency preparedness public for information for all potential threats identified in the emergencies. emergency plan (Pg. 6-25) Policy 6-35: Emergency Service Training Program Train employees in All City To maintain a See Section 6 See Section 1 No significant disaster preparedness, facilities. trained work (Health and (Introduction) and effects. first aid and CPR force to Safety) of the Section 2 (Land (pg. 6-25). respond to General Plan Use/Community emergency and the Design) of the situations. Technical General Plan. Policy 6-36: Appendix. Responsibility of Volunteer Groups Clearly define All volunteer To promote a Same as above. Same as above. Same as above. responsibilities of groups smooth volunteer groups during throughout operation a local emergency the City. during (pg. 6-26). emergencies. Policy 6-37: Amateur Radio Operators Continue to support Same as To augment Same as above. Same as above. Same as above. training and cooperation above, communication between the City and capabilities Cupertino Amateur during Radio Emergency emergency Services (CARES) to situations. prepare for emergency communication needs (pg. 6-26). Policy 6-38: Emergency Operations Center Train identified City City -Wide. To ensure Same as above. Same as above. Same as above. employees on their proper function functions/responsibilities of the EOC. in the EOC (pg. 6-27). General Plan EIR Chapter V Matrix Page V-129 ENVIRONMENTAL 1MPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative . Environmental Environmental Inducing Measures the Proposed not to be Impacts effects which can Irreversible Impacts Project Significant not be Avoided Effects This policy will This policy 'This policy No Alternatives to See Chapter This policy will not prepare the City would not will not; mitigation the project are VII for generate any for potential generate any generate any required. discussed in discussion of cumulative disasters but irreversible growth Chapter VII of this topic. impacts. would not environmental inducing this report. generate any effects. impacts: unavoidable effects. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. Same as above. Same as Same as Same as Same as Same as Same as above. above. above.: above. above. above. Same as above. Same as Same as Same asL :Same as Same as Same as above. above. above. above: above. above. General Plan EIR Chapter V Matrix Page V-130 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project Policy 6-39: Emergency Public Information Develop and maintain City-wide. To maintain a See Section 6 See Section 1 No significant an Emergency Public state of (Health and (Introduction) and effects. Information program to readiness. Safety) of the Section (Land be used during General Plan Use/Community emergency situations and the Design) of the (pg. 6-27). Technical General Plan. Appendix. Policy 6-40: Community Preparedness Support CERT to Same as Same as above. Same as Same as above. Same as above. ensure development of above. above. neighborhood based emergency preparedness throughout the City. Encourage cooperation with CERT in other Cities (pg. 6-27). Policy 6-41: Disaster Medical Response Coordinate with local Same as Same as above. Same as Same as above. Same as above. emergency clinics to above. above. provide disaster medical response. Coordinate with the CERTs throughout the City to ensure they are prepared to provide medical care at the neighborhood level (Pg. 6-27). Policy 6-42: Evacuation Map Prepare and update Flood prone To inform the Same as Same as above. Same as above. periodically an areas within public of above. evacuation map for the the Planning evacuation flood hazard areas and Area. routes in the distribute it to the event of floods. public (pg. 6-28). General Plan EIR Chapter V Matrix Page V-131 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative. Environmental Environmental Inducing Measures the Proposed not to be Impacts effects which can Irreversible Impacts Project Significant not be Avoided Effects Emergency This policy This policy No Alternatives to See Chapter This policy will not programs are of will not will not mitigation the project are VII for a generate any extreme import- generate any generate any required. discussed in discussion of cumulative ance to the irreversible growth Chapter VII of this topic. impacts. community. environmental inducing ' this report. They are effects. impacts implemented only when needed. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. Same as above. Same as Same as'. Same as Same as Same as Same as above. above. above. above. above. above. Same as above. Same as Same as Same as Same as Same as Same as above. above. above; ; above. above. above. General Plan EIR Chapter V Matrix Page V-132 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project Policy 6-43: Flood Insurance Map Rates Ensure that Flood prone To inform the See Section 6 See Section 1 This policy would not FEMA Flood areas of the general public (Health and (Introduction) and have any physical Insurance Rate City. about their Safety) of the Section 2 (Land effect on the Maps are option General Plan and Use/Community environment. developed for regarding flood the Technical Design) of the the City of hazards. Appendix. General Plan. Cupertino. (pg. 6-28). Policy 6-44: Emergency Response to Dam Failure Ensure that Potential To prevent loss Same as above. Same as above. Maintaining a sate of Cupertino is inundation areas of life and readiness to respond prepared to downstream property. to a potential respond to a from the occurrence will not potential dam Stevens Creek have any physical failure Dam. effect of the (Pg. 6-29) environment. Policy 6-45: Existing Uses in the Flood Plain Allow Flood Plains To preserve the Same as above. Same as above. Potential damages commercial and within the City, economic value resulting from floods recreational uses of the properties resulting from a now exclusively located with the heavy storm. within the flood flood plains. plain to remain or be used for agriculture (pg. 6-31). General Plan EIR Chapter V Matrix Page V-133 ENVIRONMENTAL IMPACTS Significant ' Environmental' effects which can not be Avoided Significant Environmental Irreversible Effects Growth, Inducing Impacts Mitigation Measures Alternativesto the Proposed Project Effects Found not to be Significant Cumulative Impacts This policy This policy There will No mitigationAlternatives to See Chapter This policy would not would not ` be no < < required. the project are VII for a would not generate any generate any growth discussed in- discussion of generate any unavoidable irreversible inducing Chapter. VII of this topic. cumulative environmental environmental impacts this report. impacts. effects. effects. resulting from this policy. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. Same as above. Same as Same.as Mitigation Same as Same, as Same as above, above. above measures have -above. above. been included in the General Plan to minimize potential impacts. General Plan EIR Chapter V Matrix Page V-134 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project Policy 6-46: New Construction in Flood Plains Adopt stringent Flood plains To limit and Addressed in See Section 1 Compliance with land use, zoning within the City. control the Santa Clara (Introduction) and stringent and building code development Valley Water Section 2 (Land requirements from regulations within the flood District and Use/Community both FEMA and the limiting new plains the City of Design) of the City of Cupertino construction in the Cupertino General Plan. could preclude urbanized flood zoning and potential impacts. hazard areas building codes. recognized by the Federal Flood Insurance Administrator (pg. 6-31). Policy 6-47: Dwellings in Natural Flood Plain Regulate closely Flood plains To regulate Addressed in Same as above. Same as above. all types of within the City. habitable the Santa Clara habitable development to Valley Water development in ensure the safety District and the natural flood of both property the City of plains. This and occupants. Cupertino includes zoning and prohibiting fill building codes, materials and obstructions that may increase flood potential downstream or modify the natural riparian corridors (pg. 6-34). Policy 6-48: Hillside Grading Restrict the extent Hillsides within To protect the Addressed in Same as above. No significant and timing of the City. stability of the the City of adverse impacts hillside grading hillside areas and Cupertino should result from the operation from control erosion Grading administration of this April to October. and sediment Ordinance. policy. (pg. 6-34). deposits. General Plan EIR Chapter V Matrix Page V-135 ENVIRONMENTAL IMPACTS Significant Significant Growth .. Mitigation- Alternatives to Effects Found Cumulative Environmental Environmental Inducing Measures the Proposed not to be Impacts effects which can Irreversible Impacts Project Significant not be Avoided Effects Adoption of This policy This policy No Alternatives to See Chapter This policy would development would not would not mitigation the project are VII for not generate. any requirements create any generate any required. discussed in discussion of cumulative would. not generate irreversible growth Chapter VII of ' this topic. impacts. any uavoidable environmental inducing this report. environmental effects. impacts. effects. Same as above. Same as above. Same as Same as Same as Same as Same as above. above. above. above. above. Same as above. Same as above. Same as Same as Same as Same as Same as above. above. above. above. above. General Plan EIR Chapter V Matrix Page V-136 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project Policy 6-49: Stability of Existing Water Storage Facilities Assure the See Figure 6-G To protect Addressed in the See Section 1 Maintaining the structural on page 6-32 in residents living agreements (Introduction) and integrity of the water integrity of Section 6 downhill from between the City Section 2 (Land storage facilities water storage (Health and the water of Cupertino and Use/Community would preclude facilities Safety) of the storage water service Design) of the potential flooding (pg. 6-34). General Plan. facilities. providers. General Plan. downhill from the facilites. Policy 6-50: Land Use Decision Evaluation Use the Land City-wide. To ensure that Addressed in the Same as above. Weighing potential Use land uses are in the Noise effects of land uses Compatibility compatible with Ordinance and will not generate any for Community each other, Section 6 (Health significant Noise and Safety) of the environmental effects Environments General Plan and and could preclude chart to evaluate the Technical potential land use land use Appendix. conflicts. decisions (pg. 6-39). Policy 6-51: Freeway Design and Neighborhood Noise Ensure that I-85 and I-280 To minimize Same as above. Same as above. Implementation of roads and Corridors. See noise impacts this policy will not development Figures 64 and on the generate any along I-85 and I- 6-K in Section 6 neighborhoods. significant adverse 280 are designed (Health and effects on the and improved to Safety) of the environment. minimize General Plan, neighborhood noise (pg. 6-40). General Plan EIR Chapter V Matrix Page V-137 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives Effects Found Cumulative Environmental Environmental Inducing Measures to the not to be Impacts effects which can Irreversible Impacts Proposed Significant not be Avoided Effects Project This policy There would This policy No mitigation `Alternatives . See Chapter This policy would not be no would not required. to the project VII for a would not generate any irreversible generate any are discussed discussion of generate any unavoidable environmental growth in Chapter this topic. cumulative environmental effects inducing . VII of this impacts. effects. resulting from impacts. report. this policy. Same as above. Same as Same as above. . Same as above. Same as Same as above. Same as above. above. above. Same -as above. Same as Same as above. Same as above. Same as Same as above. Same as above. above above. General Plan EIR Chapter V Matrix Page V-138 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Environmental Effects of the Characteristics Proposed Project Policy 6-52: Stricter State Noise Laws Support enactment State-wide. To improve the Same as The State in general Supporting of stricter state ambient noise above. but specifically the legislation the would laws on noise levels by south peninsula. improve the ambient emissions from minimizing noise levels will not new motor effect of noise generate any vehicles and emissions from significant adverse enforce existing automobiles. effects on the laws on noise environment. emissions (pg. 6-40). Policy 6-53: Neighborhood Need Priority Review the needs City-wide. To establish Addressed in See Section 2 (Land Prioritizing needs of residents for priorities relative Section 6 Use/Community will not create any convenience and to the needs of (Health and Design) of the significant adverse safety and make the residents Safety) of the General Plan. effects on the them priority over versus the needs General Plan environment. convenient of commute or and the movements or through traffic. Technical commute or Appendix. through traffic where practical (pg. 6-40). Policy 6-54: Traffic Calming Solutions to Street Noise Evaluate solutions Residential To discourage Addressed in Same as above. Evaluating solutions to discourage neighborhoods through traffic Section 4 will not have any through traffic in throughout the through the (Circulation) physical effect on the neighborhoods City. residential of the General environment. through modified neighborhoods. Plan and the However street design. Technical modification of Examples include Appendix. existing street design meandering streets could affect the diverters, existing traffic landscape islands conditions. and wide parking strips (pg. 6-40). General Plan EIR Chapter V Matrix Page V-139 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative. Environmental Environmental Inducing Measures the Proposed not to be Impacts effects which can Irreversible Impacts Project - Significant " not be Avoided Effects There would not There would There would No mitigation Alternatives to See Chapter '` There would not be any not be any not be any required. the project are VII for a be any -cumulative unavoidable irreversible growth discussed in discussion of impacts resulting environmental environmental ' impacts Chapter VII of this topic. from this policy. effects resulting effects resulting this report. from,this policy. resulting from from this this policy: policy. a Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. Same -as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. General Plan EIR Chapter V Matrix Page V-140 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Effects Environmental of the Proposed Project Characteristics Policy 6-55: Noise Improvements by Restricting Trucks Work toward Foothill and To minimize Addressed in the Foothill Blvd and Exploring alternatives improving the Stevens Creek truck generated Noise Element Stevens Creek Blvd to improve the present noise traffic corridors. noise along the of the General traffic corridors. See conditions will not environment Foothill Blvd. Plan and its Figure 4-C in Section have any physical along Foothill and Stevens Technical 4 (Circulation) of the effect on the Boulevard and Creek Blvd. Appendix. General Plan. environment, but could Stevens Creek traffic corridors. divert truck traffic to Boulevard by other areas. restricting quarry truck traffic (pg. 6-41). Policy 6-56: Reduction of Noise from the Hanson Permanente Trucks Work to carry Residential To minimize Same as above. Same as above. Implementation of out noise neighborhoods noise impacts mitigation measures to mitigation along the generated by minimize noise measures to Foothill Blvd. truck traffic impacts generated by diminish noise and Stevens from the Hanson Permanente from the Hanson Creek Blvd. Hanson truck traffic will not Permanente corridors. Permanente generate any truck traffic for quarry. significant adverse homes near impacts on the Foothill and environment. Stevens Creek Boulevards (pg. 6-41). General Plan EIR Chapter V Matrix Page V-141 ENVIRONMENTAL IMPACTS Significant Significant Growth ` Mitigation Alternatives to Effects Found Cumulative Environmental Environment Inducing Measures the Proposed not to be Impacts effects which can al Impacts Project Significant not be Avoided Irreversible Effects This policy would This policy There would No mitigation Alternatives to See Chapter This policy not generate any would not not be any required. the project are VII for a would not unavoidable, generate any growth discussed in discussion of generate any environmental irreversible inducing Chapter VII of this. topic. cumulative effects. environ- impacts this report. impacts. mental resulting effects. from this policy: Same as above. Same as Same as Same as above. Same as Same as Same as above. above. above. above. above. I General Plan EIR Chapter V Matrix Page V-142 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Effects Environmental of the Proposed Project Characteristics Policy 6-57: Road Improvements to Reduce Truck Impacts Consider Foothill and To reduce See Section 6- See Section 6 Addition of medians, improvements, Stevens Creek quarry truck (Health and (Health and Safety) landscaping and such as medians, traffic corridors. traffic. Safety) of the of the General Plan. bicycle lanes may landscaping and General Plan result in a reduction of addition of and the the travel lanes. bicycle lanes to Technical Reduction of travel reduce quarry Appendix. lanes could create truck impacts traffic congestion, (pg. 6-42). potential traffic hazards, and increased emissions, which could have an adverse effect Policy 6-58: on the local air quality. Commercial Delivery Areas Be sure new Commercial To minimize Same as above. See Section 2 (Land Implementation of this commercial or and/or industrial noise impacts Use/Community policy will not industrial developments from Design) of the generate any developments throughout the commercial General Plan. significant adverse plan their City. See and/ or effects, but will have delivery areas Section 2 (Land industrial positive effects on the away from Use/Community developments residential areas. existing homes Design) of the near residential (pg. 6-42). General Plan. developments. Policy 6-59: Delivery Hours Actively enforce City-wide. Same as above. See Section 6 Same as above. Same as above. Section 10.48 of (Health and the Municipal Safety) of the Code limiting General Plan commercial and and Section industrial 10.48 of the delivery hours Municipal Code. adjoining residential uses (pg. 6-42). General Plan EIR Chapter V Matrix Page V-143 ENVIRONMENTAL M'ACTS Significant Significant Growth Mitigation; Alternatives Effects Found Cumulative. Environmental Environmental Inducing Measures to the ' not to be ` Impacts effects which Irreversible Impacts Proposed Significant can not be Effects Project Avoided There would not This policy There would No mitigation Alternatives See Chapter There would be no be any would not not be any ;required. to the project ` VII fora cumulative unavoidable generate any growth are discussed discussion of; impacts resulting environmental irreversible inducing in Chapter this topic. from this policy. effects resulting environmental impacts VII of this from this policy. effects. resulting report. from this policy. Same as above. Same as above. Same as Same as Same as Same as above. Same as above. above. above. above: Same as above. Same as above. Same as Same as Same as Same as above. Same as above. above. ` above. i;above.. General Plan EIR Chapter V Matrix Page V-144 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Effects Environmental of the Proposed Project Characteristics Policy 6-60: Noise Control Techniques Require analysis Commercial To minimize Addressed in Residential areas Action required by this and and industrial impacts on Section 6 adjacent to policy should not implementation areas near residences (Health and commercial and generate any of techniques to residential adjacent to Safety) of the industrial uses significant adverse control the neighborhoods commercial and General Plan, throughout the City. environmental effects. effects of noise throughout the industrial areas. the Technical from industrial City. Appendix and equipment and the Municipal processes from Code. projects near homes (pg. 6-42). Policy 6-61: Hours of Construction Restrict non- City-wide. To reduce noise See Section 6 Residential areas Same as above. emergency impacts from (Health and throughout the City. building construction Safety) of the construction and General Plan work near maintenance and the homes during activities on Technical evenings, early nearby homes. Appendix. morning, and weekends by enforcing the noise regulations in the Municipal Code (pg.6-42). Policy 6-62: Construction and Maintenance Activities Regulate City-wide. To reduce noise Same as above. Throughout the City. Same as above. construction and impacts maintenance generated by activities construction (pg. 6-43). and maintenance activities. General Plan EIR Chapter V Matrix Page V-145 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative . Environmental Environmental Inducing Measures the Proposed not to be Impacts effects which can Irreversible Impacts Project Significant not be Avoided Effects There would not No irreversible' No growth No Alternatives to See Chapter No cumulative be any environmental inducing mitigation the project are VII for a impacts will result unavoidable effects will impacts will required. discussed in discussion of from this policy. environmental result from this result from Chapter VII of this topic. effects resulting policy. this policy. this report. from this policy. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above, above. above. General Plan EIR Chapter V Matrix Page V-146 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Effects Environmental of the Proposed Project Characteristics Policy 6-63: Sound Wall Requirements Exercise City-wide. To ensure that See Section 6 Developments No significant discretion in all methods of (Health and throughout the City. environmental effects requiring sound noise control Safety) of the would result from this walls to be sure are explored General Plan policy. that all other before and the measures of approving Technical noise control construction of Appendix. have been sound walls. explored (pg. 6-43). Policy 6-64: Building Code Sections on Exterior Noise Intrusion Require the City City-wide. To reduce Section 6 See Section 1 Same as above. Building exterior noise (Health and (Introduction) and Department to levels. Safety) of Section 2 (Land enforce all General Plan, Use/Community sections of the Cupertino's Design) of the California Municipal Code General Plan. Building Code and the for exterior California State sound Code transmission requirements control (Sec. (Sec. 1208A.8.1) 1208A.1.6). (pg. 6-44). General Plan EIR Chapter V Matrix Page V-147 ENVIRONMENTAL IMPACTS Significant Environmental effects which can not be Avoided Significant' Environmental Irreversible Effects Growth Inducing Impacts Mitigation Measures Alternatives to the Proposed Project Effects Found not to be Significant Cumulative Impacts There would not There would No growth No Alternatives to See Chapter There would not be be any not any inducing mitigation the project are VII for a any cumulative unavoidable irreversible impacts will required. discussed in discussion of impacts resulting environmental environmental result from Chapter VII of this topic. from this. policy. effects resulting effects this policy. this report. from this policy. resulting from this policy. Same as above. Same as Same as Same as Same as Same as Same as above. above. above. above. above. above. General Plan EIR Chapter V Matrix Page V-148 POLICY DESCRIPTION OF PROJECT DESCRIPTION OF ENVIRONMENTAL SETTING Location and Statement of Technical, Significant Boundaries Objectives Economic and Environmental Effects Environmental of the Proposed Project Characteristics Policy 6-65: Building Code Section of Interior Noise Encourage the City-wide. To reduce noise See Section 6 All new construction There will not be any City Building transmission (Health and and remodeled significant Department to between Safety) of the buildings throughout environmental effects enforce all dwellings. General Plan, the City. resulting from this sections of the the Municipal policy. California Code and the Building Code California State relating to inter- Code dwelling sound requirements transmission (Sec. control, (Sec. 1208A.1.6). 1208A.1.6) (pg. 6-44). Policy 6-66: Application of Policy 6-61 to New Single - Family Homes Consider City-wide To reduce Same as above. Single family Same as above. applying the sound residential areas California transmission throughout the City. Building Code between new requirements for single family exterior sound residences. transmission control (Sec. 1208A.8.1) to construction of new single family housing (pg. 6-44). General Plan EIR Chapter V Matrix Page V-149 ENVIRONMENTAL IMPACTS Significant Significant Growth Mitigation Alternatives to Effects Found Cumulative Environmental Environmental Inducing Measures the Proposed - not to be Impacts effects which can Irreversible Impacts Project Significant not be Avoided Effects This policy This _policy This policy No Alternatives to See Chapter This policy would would not would not would not mitigation the project are VII for a , not generate any generate any generate any generate any required, discussed in discussion of cumulative unavoidable irreversible growth Chapter VII of this topic. impacts. environmental environmental inducing this .report. effects. effects. impacts, Same as above . Same as Same as Same as Same as Same as Same as above. above. above. ' above. above. above. otential S gnifleant E vir' o' i enta Effects. ®f the Proposed Project Section15126.2 (a) of the CEQA State Guidelines requires that an EIR identify and evaluate the potential significant environmental effects'., that might result from the ' implementation .of `'the project under consideration by the Lead Agency.:CEQA further dictates that ;in assessing the impacts of the proposed project, the Lead Agency should normally limit its examinationi to the changes in the physical conditions of the affected area as they_,existed at the time the Notice of Preparation (NOP) was published, or at the time the environmental y analysis is commenced. This establishes the "baseline" against which the potential environmental :effects are measured. ; This Chapter of the EIR analyzes the potential' impacts that could result from the implementation of the policies contained in.Cupertino's proposed General Plan: The level of specificity of the analysis of the issues is consistent with that required for a plan document (Section 15146 (a) of the, State CEQA Guidelines). This Draft EIR does not address future development projects on specific sites. Analysis of the development specific sites is beyond the scope of the this Draft EIR and would be considered speculative since there is no specific ;information relative to any development application included as part of the" proposed project. Future projects will be subject of their own environmental review at the time an application for development is submitted. Such projects will also be subject to the existing standards for ,,new -development as codified'in the City's Municipal Code and evaluated for consistency with the General Plan: The format used for the discussion of each area'6f potential impact is consistent with CEQA: Environmental Setting., First, the existing environmental setting (existing physical conditions) as related to the particular topic under . consideration is described (State' CEQA Guidelines Section ` 15125).` The existing physical conditions constitute the baseline against which the potential impacts are evaluated, The primary source for; the data in. this section is Cupertino's General Plan as per Section 15166 of the State CEQA Guidelines and the Environmental Impact Report prepared for the 1993 .General Plan Amendment. '>adopted by reference as per Section 15150 of the State CEQA Guidelines. Significance Criteria.. Next the criteria' -used -16, judge the significance of the potential impacts are described (Appendix G of the State CEQA.Gi ideliries). General Plan EIR Chapter VI Environmental Analysis Page VI -2 Potential Impacts and Mitigation. Then, the potentially significant impacts that could occur if the proposed General Plan is approved and developed to buildout are evaluated. Finally, for each of the significant impacts identified, there is a list of feasible mitigation measures that would reduce the potentially significant impacts to less than significant levels. There are two types of mitigation measures. Mitigations measures already incorporated into the proposed General Plan and additional mitigation measures recommended by this report to further reduce the potential impacts. The mitigation measures incorporated into the General Plan and their accompanying implementing strategies (not included in Draft EIR but listed in the proposed General Plan) clearly illustrated the "self mitigating" nature of the proposed General Plan. Level of Significance After Mitigation. Finally, there is a section that describes the level of significance of the potential impacts after mitigation. It should be noted that the preparers often recommended additional mitigation measures when reviewing the preliminary draft versions of the proposed General Plan. Most of these recommendations were incorporated into the proposed General Plan. For that reason, there are not many mitigation measures recommended by this report. When this Draft EIR concludes that the overall impacts have been mitigated to less than significant levels, this conclusion does not imply that specific developments on a particular property may not have significant site-specific impacts. This Draft EIR does not eliminate the need for further environmental review. Future development applications will require their own environmental assessment to determine the level of environmental clearance required to comply with CEQA. This Draft EIR assesses the effects of the maximum buildout. Actual buildout over the next twenty years will likely be less than the maximum potential. General Plan EIR Chapter VI Environmental Analysis Page VI -3 Section 1 Land Use Environmental Setting: The City of -Cupertino is a suburban residential community of 50,5461 people located in the southern portion of the. San Francisco Peninsula within that area commonly referred to as the Silicon Valley. Figure 2-A (Cupertino Regional Location) on page 2-2 of Section 2 (Land Use/Community Design) of the 'General Plan depicts Cupertino's location in the regional context. Cupertino is predominantly, a- single family residential community with some, unique commercial ` and employment centers. The general character of the City has been dictated by the topography. of the terrain, which varies fr6m steep, wooded hillsides 'to the south, to more moderate rolling hills northward and ultimately turns into a :relatively level terrain sloping gently. toward San Francisco Bay. The general character of the hillsides beyond Stevens Creek is semi -rural, low density residential with houses sitting on large, densely. vegetated lots. Between Stevens Creek to the east ,and a boundary generally defined by Highway 85, the land use pattern becomesmore suburban in character where single family residential areas are defined by 'smaller lots. The flatter area (or valley floor) is more urban in character, developed with variety of land uses, including low density 'single family residential, high density residential, retail and service commercial, hotels, industrial and office type uses: For a more descriptive narrative of the general character of the community see Section 2 (Land Use/Community Design) of the General Plan. Significance Criteria: According to the State CEQA Guidelines, a project may have a significant effect on the environment if it were to physically divide an established community, conflict with any land use plan, policy, or regulationof an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environrriental effect or conflict with any applicable habitat conservation plan or natural community conservation plan. Potential Impacts: Over its implementation time frame the proposed . General Plan would allow development of 1,113,574 of additional' commercial square footage.; This additional square footage would make the total amount of commercial square footage 4,431,000 at buildout. This increase in square footage represents a growth of approximately 25% in the commercial district. The Plan would also allow 994,693 square feet of additional office/industrial square footage, or approximately an 11% growth over the existing office/industrial square footage. Provisions for growth in the residential uses under the proposed General Plan would add 2,237 housing units to the housing stock. This in would' make the total number of housing units in the City 22,369' at buildout.: The Plan also` includes provisions for 1,429 hotel rooms at buildout. See Table 2-A (Development Allocation) on page 2-17 of Section 2 (Land Use/Community Design) of the General Plan. This table also illustrates the specific amount of square footage for each area where major development would occur. As it inay be seen, development will occur at the major commercial and office/industrial centers, except for residential development which would occur throughout the City. The proposed General Plan represents: goals., and policies expressing the community's vision of its future. Development under the proposed General Plan would be generally consistent with the existing General Plan and would not conflict with. any plans or :policies of any agency having jurisdiction over the proposed' project. Table 1-A on the following page -illustrates Ithe potential development under. the proposed General Plan and the existing General Plan above the existing conditions: As it may be seen, development in accordance with the proposed, GeneralPlan inahe office/industrial land use category would be slightly less than is presently allowed under the existing General Plan. 1. Source: U. S. Census 2000 General Plan EIR Chapter VI Environmental Analysis Page VI -4 Implementation of the land use policies of the proposed General Plan will physically affect the community. However, policies have been incorporated into the plan to mitigate the potential impacts. Development consistent with the proposed General Plan may affect the land use densities. However, according to the proposed General Plan, most of the new development will occur in those areas of the City already urbanized, where additional growth can be accommodated without disrupting the existing land use pattern. The potential effects of the new development on the local traffic conditions will be mitigated by the implementation of the improvements recommended in the in the Circulation Section of the Draft EIR. New development could affect the visual qualities of those areas near new development, and land uses associated with nighttime lighting could create glare, which may affect the surrounding areas. Implementation of the policies, procedures, guidelines and City standards for new development designed to ensure proper design of new buildings, streets and public spaces would reduce the potential impacts from new development to less than significant levels. Table 1-A Development by Land Use Category Land Use Category Exist Year 2000 Conditions Exist. Gen. Plan Proposed Gen Plan Commercials . ft. 3,317,426 4,431,000 4,431,000 Office/Industrial sq. 8,325,312 9,428,000 9,320,005 Hotel/Rooms 411 1,027 1,429 Housing Units 20,032 22,369 22,369 Mitigation: The following Land Use Policies and their implementation strategies have been incorporated into the proposed General Plan to mitigate potential adverse impacts from future development consistent with the proposed General Plan. Policy 2-3 Crossroads Area Streetscape Plan Policy 2-4 Active Spaces Policy 2-5 Distinct Neighborhoods Policy 2-6 Neighborhood Protection Policy 2-10 Urban Areas Policy 2-13 Urban Building Forms Policy 2-14 Attractive Building and Site Design Policy 2-15 Multi -Family Residential Design Policy 2-16 Single Family Residential Design Policy 2-17 Streetscape Design Policy 2-18 Context of Streetscape Design Policy 2-20 Diversity of Land Use Policy 2-21 Unique Neighborhood Character Policy 2-24 Monte Vista Policy 2-25 Oak Valley Policy 2-26 Fairgrove Policy 2-27 Heart of the City Policy 2-28 Crossroads Area Policy 2-29 Stevens Creek Boulevard Policy 2-30 Vallco Park South Policy 2-31 Homestead Road Policy 2-32 Remainder of Neighborhoods Commercial Areas Policy 2-33 North De Anza Boulevard Policy 2-34 City Center Policy 2-35 Vallco Park North Policy 2-36 Bubb Road General Plan EIR Chapter VI Environmental Analysis Page VI -6 Section 2 Circulation Environmental Setting: The primary potential adverse impact on circulation caused by the development policies of the General Plan is to increase the number of vehicle trips that would use the local street and regional freeway systems. As described below, the Circulation policies of the Plan would mitigate these potential impacts. Level of Service. The best measure of how well an urban street system is working is to determine the amount of congestion or delay experienced by motorists at important intersections. The quality of traffic movement is reported in terms of Level of Service (LOS) ranging from a letter grade of A to a grade of F. At LOS A an intersection experiences little or no congestion, while LOS E and F indicate long and unacceptable delays for drivers. LOS is measured in terms of average delay per vehicle for a fixed study period. The ranges of delay in seconds per vehicle and a summary of description for each service level grade are shown in Table 2 - 1. Table 2 — 1 Description of Level of Service Signalized Intersections Level of Vehicle Delay' Service (Seconds) Description A <5.0 Free Flow - Insignificant Delays. B+ 5.0-7.0 B 7.0-13.0 Stable Operation — Minimal Delays. B- 13.0-15.0 C+ 15.0-17.0 C 17.0-23.0 Stable Operation — Acceptable Delays. C- 23.0-25.0 D+ 25.0-28.0 D 28.0-37.0 Approaching Unstable Operation — Tolerable Delays D- 37.0-40.0 E+ 40.0-44.0 E 44.0-56.0 Unstable Operation — Significant Delays. E- 56.0-60-0 F >60.0 Forced Flow — Excessive Delays Note 1: Average stopped delay per vehicle in seconds Sources: Valley Transportation Authority. Traffic Level of Service Analysis Guidelines. 1997 Table 3 Planning Resource Associates LOS can also be measured on the freeway system. Again, at LOS A, B and C there is little congestion or delay for motorists. At LOS F congestion and delay is severe. Freeway LOS is determined by the density of traffic. Density, expressed in vehicles per mile per lane, is calculated by dividing the peak hour traffic volume by the number of lanes and the average speed of travel. The definition of freeway LOS letter grades based on density is shown in Table 2 — 2. E General Plan EIR Chapter VI Environmental Analysis Page VI -7 Table 2-2 Definition of Freeway Level of Service (LOS) Level of Service Density (vehicles / mile / lane) A <10.0 B 10.0-16.0 C 16.0-24.0 D 24.0-46.0 E 46.0-55.0 F >55.0 Source: Valley Transportation Authority: Traffic Level of Service Analysis Guidelines. 1997. Table Z Significant Criteria: The California Environmental Quality Act Guidelines state that aproject will normally .have a significant impact on the environment if it will cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street systema The General Plan performance standard for signalized intersections is LOS D except for the intersections of Stevens Creek Boulevard with De Anza Boulevard and with Stelling Road and the intersection of De.Anza Boulevard with Bollinger Road where the Plan requires that LOS E+ be maintained; In Santa Clara County the. Valley Transportation Authority (VTA) is the Congestion Management Agency that manages the Congestion Management Program (CMP). The, CMP service standard for intersections is LOS E. The CMP ,also sets LOS E -as the standard for the freeway system except for those segments of whte system that were operating a LOS F in 1991 which are assigned a LOS standard F. Threshold of Significance. The Project would have a significant environmental impact if it were to result in an indirect increase in traffic that would cause a General Plan of CMP standard to be exceeded. For signalized intersections: e The impact of the project would be significant if the addition of Project traffic would degrade LOS from Level -D- or better to level E+ or worse. Exceptions, are for the intersection` of :Stevens Creek Boulevard with De Anza Boulevard and the intersection of De. Anza Boulevard and Bollinger Road, where the addition of project traffic would degrade LOS from. level` LOS E+ or better to level E or worse. For CMP intersections: , o The impact of the project would be significant if the addition of project traffic would degrade CMP intersection LOS from level LOS E or better to level F, or if already at a LOS F, the addition of project traffic increases average delay per vehicle by four seconds or more. .For freeways: ® The impact of the project would be significant if the addition, of project traffic would degrade LOS from level LOS E or better to level F; .,or if already at LOS F, the project causes traffic to increase by 1% or more of capacity. Existing Traffic. The City of Cupertino maintains a record of existing; traffic counts on all important streets and, intersections throughout the City. The City is required 'to report the intersection operating conditions to the VTA on an annual basis. The intersection LOSreportto the Planning Commission for the Year '20Wis shown in Table 2-3. The LOS report included 20 of the 21 intersections studied in this report as well as the 15 CMP intersections General Plan EIR Chapter VI Environmental Analysis Page VI -8 located in Cupertino. All meet the General Plan and CMP LOS performance standard for existing 2000 traffic conditions in both the morning and afternoon peak traffic hours. Table 2-3 Existing Intersection Level of Service (LOS) Intersection De Anza Boulevard with: Homestead Road I-280 Northbound Ramps I-280 Southbound Ramps Stevens Creek Boulevard McClellan Road3 Bollinger Road SR 85 Northbound Ramps SR 85 Southbound Ramps Rainbow Drive Prospect Road Stelling Road with: Homestead Road Stevens Creek Boulevard McClellan Road Rainbow Drive Wolfe Road -Miller Avenue with: Homestead Road I-280 Northbound Ramps I-280 Southbound Ramps Stevens Creek Boulevard Bolinger Road Stevens Creek Boulevard with: SR 85 Southbound Ramps SR 85 Northbound Ramps CMP' Morning Peak Hour Afternoon Peak Hour Intersection LOS Delay2 LOS Delayz Yes D 28.6 C 24.4 Yes C 18.1 C 21.3 Yes C 21.3 C 19.6 Yes C- 23.4 D+ 27.6 No C+ 16.0 C- 24.3 Yes C 19.8 C+ 15.8 Yes C+ 16.0 C- 16.8 Yes C+ 16.4 C 17.0 Yes B 10.7 B+ 7.0 Yes C 19.3 C- 24.8 No D+ 25.3 D+ 25.8 Yes C- 23.7 C 21.7 No C 22.6 C- 24.3 No B 11.8 B 10.2 No C 22.9 C- 24.2 Yes A 4.1 A 4.8 Yes B 8.8 A 4.2 Yes C 21.8 C 17.3 No C 21.2 D 28.4 Yes B- 14.2 B- 14.7 Yes C 20.2 C- 14.1 Notes: 1. - Congestion Management Program. 2. - Average stopped delay in seconds per vehicle. 3. - Intersection not included in the annual LOS Report to the Planning Commission Sources: 1 - City of Cupertino Memorandum from Ray Chong To Steve Piasecki. March 26, 2001. 2 - Planning Resource Associates. Potential Impacts: Project Trip Generation. The growth in housing units, employment and daily vehicle trips project through 2020 shown in Table 2-4. The project would provide additional dwellings units, 7, 578 new jobs and about 67,000 added daily vehicle trips when fully implemented. i General Plan EIEZ Chapter VI Environmental Analysis Page VI -9 Tablet -4 Project Development and Trip Generation Existing Project Growth Per Cent Development Category 2000 2020 2000 to 2020 Growth Housing Units' 20,032 22,369 2,337 11.7% Employment' 41,475 49.053 7,578 18.3% Daily Vehicle Trip Generation2 395,000 462,000 67,000 17.0% Sources: I - City of Cupertino Community Development Department 2 —Existing trips - VTA` = CMP Traffic Model — Productions + Attractions x 71% for Cupertino zones 3. — Project trips — Planning Resource Associates The estimate of daily trip generation is made using the Santa Clara CMP Traffic Model that is maintained by the VTA. A traffic zone summary of person trip generation by trip purpose as used in the model is provided in the Appendix to this report, which is on file with the Cupertino Community Development Department. Estimates of housing and job growth within Cupertino have been provided by the Cupertino Community Development Department. The Land use projections used by the model for areas outside of Cupertino are based on ABAG Projections 2000 at the census tract level. Trip generation factors, calibrated by the VTA for Santa Clara County, are use to estimate daily trip generation. The CMP Model is briefly described below. Santa Clara County CMP Model. The Santa Clara County travel demands model maintained by the VTA (hereinafter referred to as the CMP model) is derived in large part from the Metropolitan Transportation Commission (MTC) aggregate travel models. The City of Cupertino is assigned 18 of the CMP model's 385 traffic zones within Santa Clara County. Additionally, the CMP model has 77 external zones to represent adjacent areas. The model also has four gateways. These are the East Bay Gateway (comprised of Alameda and Contra Costa counties), the Peninsula Gateway (comprised of San Francisco and San Mateo counties), the Santa Cruz Gateway . (comprised of four zones in Santa Cruz County, Boulder Creek. Scotts Valley, Santa Cruz and Watsonville) ,and the Southern Gateway(comprised of San Benito and Monterey counties and the Central Valley). The CMP model includes about 18,500 freeway and city street links. All major streets and intersections within Cupertino are represented in the CMP model street network. For the year 2020, the only roadway improvements in or close to Cupertino included in the model street network are as follows: ® Improvements to the I-280 / Lawrence Expressway interchange; ® Auxiliary lanes on the SR -85 freeway from I 280 to Fremont Avenue; ® New ramps from northbound SR -85 to I-280 and -I-280 to Foothill Boulevard, The CMP model uses MTC equations (BAYCAST — 90) to generate trip productions and attractions for all trip purposes other than home-based university/college trips. Home-based work trip generation and trip attraction are performed for four income groups, based on special tabulations from the 1990 Census data. Home-based university/community college trips are estimated from the 1990 Census data. CMP mode choice models are enhancements of the MTC nested logit models. They include the different transit sub -modes of bus, light rail and commuter rail operated in Santa Clara County. For the Year 2020, the model includes the following major transit improvements in the Santa Clara Valley: e Vasona Light Rail — Campbell to Winchester Boulevard; ® BART extension to San Jose; General Plan EIR Chapter VI Environmental Analysis Page VI -10 Table 2-5 CMP Model Validation Screen line Traffic Flow Weekday Morning Peak Hour Weekday Afternoon Peak Hour North of Stevens Creek Boulevard Stelling Road Traffic Model Model vs Traffic Model Model vs Sreenline Counts Estimates Count Counts Estimates Count South of Homestead Road 765 383 50% 852 564 66% Stelling Road 1,630 793 49% 1,697 978 58% De Anza Boulevard 4,592 5,543 121% 4,534 5,850 129% Wolfe Road 2,699 3,856 143% 3,543 4,392 124% Screenline Totals 8,921 10,192 114% 9,774 11,220 115% North of Stevens Creek Boulevard Stelling Road 1,716 1,127 66% 1,607 1,223 76% De Anza Boulevard 3,394 3,974 117% 3,716 4,713 137% Blaney Avenue 765 383 50% 852 564 66% Wolfe Road 1,647 2,383 145% 1,865 2,473 133% Screenline Totals 7,522 7,867 105% 8,040 8973 112% South of McClellan/North of Bollinger Stelling Road 1,107 916 83% 1,229 838 68% De Anza Boulevard 4,006 4,342 108% 4,794 6,103 27% Miller Avenue 1,465 1,785 122% 1,642 1,474 90% Screenline Totals 6,578 7,043 107% 7,665 8,415 110% West of Stelling Road Homestead Road Stevens Creek Boulevard McClellan Road Rainbow Drive Screenline Totals West of De Anza Boulevard Homestead Road I-280 Northbound Ramps I-280 Southbound Ramps Stevens Creek Boulevard McClellan Road Bollinger Road SR 85 Northbound Ramps SR 85 Southbound Ramps Rainbow Drive Prospect Road Screenline Totals 1,549 2,100 136% 1,561 2,839 182% 2,009 3,828 182% 2,605 3,740 144% 1,466 122 8% 1,445 447 31% 880 738 84% 1,089 776 70% 5,994 6,788 113% 6,700 7,792 116% 1,889 2,144 113% 2,219 2,643 119% 895 1,464 164% 1,064 1,448 136% 1,542 1,227 83% 1,163 1,367 118% 2,210 3,522 159% 2,870 3,946 137% 979 947 97% 1,337 1,162 87% 383 312 81% 435 332 76% 595 832 140% 571 785 137% 564 802 142% 613 950 155% 533 769 144% 638 732 115% 815 131 16% 1,176 135 11% 10,404 12,200 113% 12,086 13,500 112% West of Wolfe Road/Miller Avenue Homestead Road 1,995 I-280 Northbound Ramps 395 I-280 Southbound Ramps 1,295 Stevens Creek Boulevard 2,120 Bollinger Road 1,474 Screenline Totals 7,279 Source: Planning Resources Associates 2,749 138% 2,411 3,257 135% 462 117% 1,037 472 46% 537 41% 628 399 64% 3,565 168% 2,237 3,515 157% 1,243 84% 2,129 1,616 76% 8,556 118% 8,259 9,259 110% General Plan EIR Chapter VI Environmental Analysis Page VI -12 Table 2-6 Project and Administrative Draft Alternative Trip Generation Year 2020 Trips Administrative Per Cent Type of Trip Project (Est.) Draft....... Difference Difference Total Daily Person Trips 650,400 674,300 -24,000 -3.5% Daily Vehicle Trips 462,000 479,000 -17,000 -3.5% Peak Hour Vehicle Trips 47,650 49.400 -1,700 -3,5% Sources: Admin. Draft daily persons trips Project Trips' Planning Resource Associates Intersection LOS is calculated using the methods of the VTA as described in the Traffic Level of Service Analysis Guidelines, October 1997. The calculation of LOS is provided in the Appendix to this report. Impact on :Intersections The impact of the future year 2020 build out of the policies, of the Plan on intersection LOS is shown in Table 2-7. With the addition of traffic generated by the Admin. Draft Alternative, .intersections LOS would be degraded to unacceptable conditions at two intersections. At the intersection ofDeAnza Boulevard with Homestead Road LOS would be degraded from D to E and from C to E in the morning and: afternoon peak hours respectively. The afternoon peak LOS at the intersection of Stelling and McClellan Roads would be .degraded from LOS C- to E due to. traffic added by the buildout of the Admin. Draft. All other' intersections would operate at LOS that meets the policies of the Plan. Table.2-7 Impact on Intersection Level of Service (LOS) Morning Peak Hour Afternoon Peak Hour Existing Exist. + Ad. Draft Existing Exist. +Ad: Draft Intersection LOS Delay' LOS Delay' LOS` Delay' LOS Delay' De Anza Boulevard with: Homestead Road D 28.6 E- 57.3 C 22:4 E 44.1 I-280 Northbound Ramps C 18.1 D 30:9 C 21.3 C 21.7 I-280 Southbound Ramps C 21.3 C 19.3 C 19,6 C 20.5_ Stevens Creek Boulevard C- 23.4 D+ 27.1 D+ 27.6 D 35.2 McClellan Road C+ 16.0 C 18:7 :. `, C- 24.3 D+ 27.9 Bollinger Road C 19.8 D 33.6 C+ 15.8 B- 14.0 SR 85 Northbound Ramps C+ 16.0 C- 24.4 ; C+ 15.8 B- 14.0 SR 85 Southbound Ramps C+ 16.4 D+ 25.8 C 17:0. C 18.7 Rainbow Drive B 10.7 B- 14,0 B+ 7.0 A 4.6 Prospect Road C 19.3 C- 23.1 C- 24.8 , D+ 27.3 Stelling Road with: Homestead Road D+ 25.3 D+ 27:8, D+ 25.8 D 28.9 Stevens Creek Boulevard C- 23.7 D+` ` 25.7 C 21.7 D+ 25.6 McClellan Road C 22.6 D 32.2 C- 24.3 E 52.0 Rainbow Drive B 11.8 C 17.6 B 10.2 B 11.1 Wolfe Road -Miller Ave. with: Homestead Road C 22.9 D 28;5 C- 24.2 D+ 27.5 I-280 Northbound Ramps A 4.1 B+ , 5.4. A 4.8 A 2.9 I-280 Southbound Ramps B 8.8 B 12.6 A 4.2 A 3.6 Stevens Creek Boulevard C 21.8 C. 21.8 C -17.3 C 21.8 Bollinger Road C 21.1 C ' 22.1 D 21.4 D- 38.3 Stevens Creek Boulevard with: SR 85 Southbound Ramps B- 14.2 C+ 15.0 B- 14.7 C 19.7 SR 85 Northbound Ramps C 20.2 D. 30:7 B- 14.1 B- 13.3 Notes: 1 - Average stopped delay in seconds per vehicle , Source: Planning Resource Associates General Plan EIR Chapter VI Environmental Analysis Page VI -11 • East Valley Light Rail; • Caltrain and ACE train upgrades. None of the major transit improvements assumed in the model are expected to significantly impact Cupertino. The model uses calibrated assignment functions to allocate vehicle trips to various roadway types. The model also includes a "peak -spreading" process that systematically reduces the peak hour travel demand across roadway links where the traffic assignment process produces a volume -to -capacity ratio in excess of 1.15 for freeways and 1.10 for expressways. This procedure is designed to produce traffic assignments that are operationally feasible. The process in effect shifts some excess travel demand from the peak hour to non -peak hours. Calibration of the CMP Model for use in Cupertino. Large countywide computer traffic models are not able to precisely replicate traffic flows at the local street level. However, by carefully calibrating model results to local conditions, these models can be useful tools to assist in the projection of future traffic flows on local streets. As first step in the calibration process the model is validated by comparing mode estimates of traffic for 2000 with the traffic counts maintained by the City. A particularly useful way to validate the model is to compile model results to screenlines. Six screenlines, three east -west and three north -south, were selected for evaluation in Cupertino. A summary of the result of the screenline analysis is shown in Table 2-5 on page nine. While the coarse nature of the CMP model traffic zone system, just 18 zones for all of Cupertino, does not permit a precise assignment of trips to all local streets, it is expected that the model should perform reasonable well across screenlines that represent several streets. If the model is able to reproduce total screenline volumes within 10% to 15% of traffic counts it is considered to be valid and properly calibrated for use at the local level. As shown on Table 2-5, the model estimates traffic volumes that are on average 12% higher than the traffic counts in the afternoon peak hour and 13% higher than the counts in the morning peak hour. At the screenline level, the model is between 10% and 16% higher than the counts in the afternoon peak hour and between 5% and 18% higher than the morning peak hour counts. In summary, while the CMP model is reasonably calibrated for local use in Cupertino, is clear that, in general, it tends to overestimate traffic flows. The use of a planning tool that tends to overestimate traffic is consistent with the CEQA requirement to use credible "worst case" estimates of future year conditions. Application of the CMP Model in Cupertino. As indicated above, the CMP model is too coarse a planning tool to be directly used at the local street level. A locally calibrated model can be used to develop growth factors to estimate future traffic flows. The projected future year intersection traffic volume is estimated by applying the growth factors from the model to the existing traffic counted at each intersection turning movement. Use of the existing traffic counts as a base ensures that the integrity of existing traffic patterns is maintained. Using the CMP Model procedures as described above, traffic growth at the 21 study intersections was projected to the year 2020. It should be noted that the Year 2020 data used in the model was for a development alternative that projects 3.5% greater vehicle trip generation than calculated for the project. The trip generation for this alternative, known as the Administrative Draft (Admin. Draft), is compared to the project in Table 2-6. uu® General Plan EIP, Chapter VI Environmental Analysis Page VI -13 Because the project is projected to generate 3.5% fewer peak hour vehicle trips as compared with the Admin. Draft, the impact of the project would be slightly less than as measured for the Admin. Draft. However, it is estimated that the project would cause the same significant adverse impacts as measured .in terms of impact on LOS. These significant impacts of the project would be mitigated under the policies of the Plan as described below. Impact on<F'reapays: As was the case for intersection analysis, the CMP model is used to develop traffic growth factors for the freeways in Cupertino. The growth projected for freeway traffic between the year 2000 and 2020 model runs is applied to the traffic data for 2000 to project traffic under existing plus project conditions. Year 2000 freeway traffic count data is from the 2000 CMP Monitoring Report. The CMP model includes both the mixed flow and high occupancy vehicle (HOV) lanes. This analysis is focused on the mixed flow lanes where existing service levels in some segments of the freeway system are already at LOS F. The HOV lanes on SR 85 and I-2.80 currently operate at LOS C or better throughout Cupertino and would not be significantly impacted by the growth in travel projected by the model. Freeway operating conditions for two sections of freeway are shown in Table 2-8. The sections of both SR 85 and I-280 shown on Table 2-8 operate at LOS F for mixed flow traffic north and westbound in the morning peak hour and south and eastbound in the afternoon peak hour. Table 2-8 Freeway Level of Service (LOS) Mixed Flow Lanes in Peak Hours I-280 De Anza Boulevard to Wolfe Road Morning Peak Hour Westbound 3+1HOV 4,650 62 F 4,819 64 F Eastbound 3+1HOV 6,440 39 D 6,589 40 D' Afternoon Peak Hour Westbound 3+1HOV 5,760 32' D 5,985 33 D Eastbound 3+1HOV. 4;500 75 F 4,560 76 F Note 1 Density Vehicles per Mile per Lane. Sources: .1 - Valley Transportation Authority, 2000 CMP Monitoring Report 2. — 2020 Projected Using VTA Model Growth Factors by Planning Resources Associates. Neither traffic generated by the build ;out "of the Admin. Draft nor the project would degrade LOS in segments where the freeway mixed lanes operate at LOS D or better. The addition of Admin. Draft or project traffic would be less than 1% of capacity iia those segments of the freeway system that currently operate at LOS F. The Admin. Draft and the project would have a less than significant impact on the operation of the freeways. Year 2020 Freeway/Segment/ Existing (2000) Traffic Exist. +Ad. Draft Traffic Time/Direction Lanes Volume Density' LOS Volume Densi 'LOS State Route 85 Stevens Creek Boulevard to I-280 Morning Peak Hour Northbound 2+lHOV 2,320 116 F 2,337 117 F Southbound 3+1HOV 2,700 14 B 2,720 14 B Afternoon Peak Hour Northbound 2+1HOV 1,690 13 B. 1,778 16 B Southbound 3+1HOV 4,260 71. F 4,317 72 F I-280 De Anza Boulevard to Wolfe Road Morning Peak Hour Westbound 3+1HOV 4,650 62 F 4,819 64 F Eastbound 3+1HOV 6,440 39 D 6,589 40 D' Afternoon Peak Hour Westbound 3+1HOV 5,760 32' D 5,985 33 D Eastbound 3+1HOV. 4;500 75 F 4,560 76 F Note 1 Density Vehicles per Mile per Lane. Sources: .1 - Valley Transportation Authority, 2000 CMP Monitoring Report 2. — 2020 Projected Using VTA Model Growth Factors by Planning Resources Associates. Neither traffic generated by the build ;out "of the Admin. Draft nor the project would degrade LOS in segments where the freeway mixed lanes operate at LOS D or better. The addition of Admin. Draft or project traffic would be less than 1% of capacity iia those segments of the freeway system that currently operate at LOS F. The Admin. Draft and the project would have a less than significant impact on the operation of the freeways. General Plan EIR Chapter VI Environmental Analysis Page VI -14 Mitigation: The following policies have been incorporated into the proposed General Plan to mitigate the potential impacts of the project to acceptable levels. Policy 4-1: City Participation in Regional Transportation Planning Policy 4-2 Reduced Reliance on the Use of Single -Occupant Vehicles Policy 4-3 Cupertino Pedestrian Transportation Guidelines and the Cupertino Bicycle Transportation Plan Policy 4-4 Increased Use of Public Transit Polity 4-5 Traffic Service and Land Use Development Policy 4-6 Roadway Plans that Complement the Needs of Adjacent Land Use Policy 4-7 Curb Cuts Policy 4-8 Street Improvement Planning Policy 4-9 Safe Parking Lots Policy 4-10 Good Traffic Service on Major Streets Policy 4-11 Traffic Calming on Local Streets Policy 4-12 Limited Street Closures Policy 4-13 School Impacts on Neighborhoods Policy 4-14 Transportation Noise, Fumes and Hazards To meet intersection LOS policy standards, two capacity improvements are recommended in the Plan under Policy 4-5. These are shown in Table 2-9. Table 2-9 Intersection Level of Service (LOS) Year 2020 Less than Significant Impact: Implementation of the above mitigation measures will reduce the potential traffic and circulation impacts of the project to less than significant. Morning Afternoon Proposed Peak Hour Peak Hour Intersection Improvement LOS Delay' LOS Delay' De Anza Boulevard at Provide Separate D 29.6 D 35.1 Homestead Road Westbound Right Turn Lane E- 57.3 E 44.1) (Without Improvement Stelling Road at McClellan Road Provide Separate D 31.9 D+ 25.1 Eastbound Right Turn Lane D 32.2 E 52.0) (Without Improvement Note 1: Average stopped delay in seconds per vehicle Source: Planning Resources Associates Less than Significant Impact: Implementation of the above mitigation measures will reduce the potential traffic and circulation impacts of the project to less than significant. General Plan EIR Chapter VI Environmental Analysis Page VI -15 Section 3 ®pen Space, Parrs and Trails Environmental Setting: With increasing urbanization and growing interdependency of local governments, the concept of community has expanded in recent years to; include a regional perspective. It is generally recognized that natural resources can be more effectively managed at a regional level. Cupertino and its neighboring cities are beneficiaries of the efforts of several agencies that share the task of acquiring, maintaining, accessing and developing open space lands. The Mdpeninsula Open Space District's mission is to acquire and preserve a regional greenbelt of open space land in perpetuity. District lands in Cupertino are designated for low intensity use to protect them from encroaching urbanization. Most of the hillside lands are unincorporated but are within Cupertino's planning .area. Santa Clara County's General Plan calls for the hillside area to be preserved in open space. In 1997, the County was able to acquire 133 acres of open space lands at no cost to the County to augment its holding in the area as part of the review and. partial approval by the City of Cupertino for partial development of the San Jose Diocese's St Joseph's Seminary property in the Cupertino foothills. Santa Clara County Parks Program operates Rancho San Antonio park that serves Cupertino. One of the objectives of the program is to develop a regional park. The Santa Clara Valley Water District has a plan to partner with the cities and county to provide access to creekside trails and parks for recreation opportunities. See pages 2-46 an 2-47 of Section 2 (Land Use/Community Design) of the General Plan. Cupertino's. main role in the open space program has been to develop neighborhood parks. Private open space also provides recreational opportunities and contribute to the open space inventory. Trails connecting neighborhoods to parks and open space are an integral part of the recreational and open space program. For a more comprehensive discussion see Section 2 (Land Use/Community Design) of the proposed General Plan. Significance Criteria: According to the State CEQA Guidelines a project may have a significant effect if it were to significantly increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the existing facilities would occur or be accelerated or whether the project. will require construction of new recreational facilities which may have an adverse effect on the environment. Potential Impacts: The projected increases in the City's residential population and increases in the workforce resulting from either expansion of existing commercial uses or from new commercial uses will increase usage of the existing facilities. This intensification of the usage of the parks and other recreational facilities could have a significant adverse impact on the existing facilities. New residential construction could displace lands with parklands potential. Mitigation: The following mitigation measures have been incorporated into the proposed General Plan to mitigate potential significant impacts on the existing open space, parks and trails. Policy 2-64 Stevens Creek Park Policy 2-65 Continuous Open Space Policy 2-66 Future use of Blackberry Farm Policy 2-67 Recreational opportunities for Special Needs Policy 2-68 Private Open Space and Recreational Facilities Policy 2-69 Public Use of Private Open Space Policy 2-70 Open Space and Trail Linkages Policy 2-71 Park Acreage Policy 2-72 Park Walking Distance Policy 2-73 Recreational Intensity Policy 2-74 Park Minimum Acreage General Plan EIR Chapter VI Environmental Analysis Page VI -16 Policy 2-75 Park Design Polity 2-76 Park access and Visibility Policy 2-77 Acquisition of Surplus School Property Policy 2-78 Park and Open Space Acquisition Program Policy 2-79 Acquisition of Additional Parklands Policy 2-80 School Playing Fields Policy 2-81 New Residential Development in Urban Core Areas Policy 2-82 Require Public Parkland Mitigation Measures Recommended by this Report: None Less than Significant Impact: Implementation of the above mitigation measures will reduce potential significant impacts to less than significant. General Plan EIR Chapter VI Environmental Analysis Page VI -17 Section Visual/Aesthetic Qualities ]Environmental Setting: Cupertino is a suburban community comprised of predominantly single-family' residential neighborhoods. Its land use pattern has developed along a latitudinal axis defined by Stevens Creek Boulevard and a longitudnal axis defined by De Anza Boulevard, from which the community radiates out from commercial and high-density residential districts to low density residential districts at the periphery of the community, where the pattern assumes a more rural character where houses are built into the hillsides on large residential and densely landscaped lots. Buildings located along both of these axes represent a wide variety of architectural styles. The tall buildings constructed at the intersection of these axes are visually the focal point of the City. While there are some older residential districts of historical value within the City, most of the residential districts are relatively new. The visual transition from the tall commercial buildings to single story residential buildings appears to be accomplished without any significant disruptions in the skyline. Significance Criteria: According to the State CEQA Guidelines a project may have a significant effect on the environment if it has a substantial adverse effect on a scenic vista; substantially damages scenic resources; substantially degrades the existing visual character or quality -of the site and its surroundings or creates a new source of substantial light or glare that would adversely affect views in the area. Potential Impacts: New development in accordance with the proposed General Plan could have a significant visual impact on the City. Additional development on'the valley floor will intensify the urban appearance of the area. Residential development. in the hillside areas may have a significant impact on scenic, natural hillside environment. Operations associated with the construction activities in the hillsides could remove substantial amounts of the natural vegetation acovering the hillsides. New homes and their appurtenant facilities will introduce elements that may conflict with the pristine, natural environment of the hillsides and may also introduce secondary development to support the primary development that may further impact the existing natural, hillside environment. The proposed General Plan reduces the height limits of various districts, such as: Vallco Park South, Heart of the City, Homestead Road, City Center, North De Anza and Vallco Park North. While this reduction in the height limits may address the concerns raised about the appearance of the. City, .it may also have an adverse effect on the aesthetic qualities of the City at the other end of the scale, as it could contribute to the development of uniform height buildings, giving a monotonous appearance to the City's skyline. Mitigation: The following policies have been incorporated into the -proposed General Plan to mitigate potential adverse visual impacts from future_ development consistent with the proposed General Plan. See Section 2(Land Use/Community Design) of the proposed General Plan. Further mitigation .may be accomplished through the project review process. Policy 2-13 Urban Building Forms Policy 2-14 Attractive Building_ and Site Design Policy 2-15 Multi -Family Residential Design, Policy 2-16 Single -Family Residential Design: Policy 2-17 Streetscape Design Policy 2-18 Context of Streetscape Landscaping Mitigation Measures Recommended by this Deport:. None. General Plan EIR Chapter VI Environmental Analysis Page VI -18 Mitigation Measures Recommended by this Report: None. Less than Significant Impact: Implementation of the above mitigation measures will reduce the potential impacts of cumulative impacts of new development to less than significant levels. General Plan EIR Chapter VI Environmental Analysis Page V1-19 Section 5 Air Quality Environmental Setting: Cupertino is part of the San Francisco Bay Area AirQuality Management District (BAAQMD). The District is the agency primarily responsible for assuring that the Federal and State ambient air quality standards are maintained in the San Francisco Bay Area. Air quality standards are set by the Federal Government (the 1970 Clean Air Act and its, subsequent amendments) and the State (California Clean Air Act of 1988 and its subsequent amendments). Regional air quality management districts such as the BAAQMD must prepare air quality plans specifying how State standards would be meta The BAAQMD's most recently adopted Clean Air Plan (CAP) is the `Bay Area `97 Clean Air Plan. In -order for a local plan to be consistent with the regional air quality plan, it must be consistent with most recently adopted CAP. Plans 'consistent with the CAP would have less than significant impact on air quality. In order to be consistent with the CAP the growth under the local plan must not exceed the growth assumed at the time of the preparation of the CAP. Plans must also have. vehicle trips and miles traveled (VMT) growth rate lower than the. population growth rate. In addition, the local plan must show that transportation control measures are being implemented. The land use, circulation energy and environmental policies that comprise. Cupertino's .General` Plan will contribute to meeting BAAQMD ARB Air Quality improvement plans. Climatological and topographic conditions are two factors that affect air.`quality. Cupertino's topography varies from steep hillsides to the south to more moderate rolling hills northward and ultimately to a relatively level terrain sloping gently to the San Francisco Bay. The ground elevation in Cupertino range froml80 feet to 480 feet. The major portion of the City lies at the 240 feet elevation. In the foothills the elevations range from 1,200 feet to 2,000 feet. Cupertino's climate is characterized by warm, dry summers and cool, moist winters. The year-round average temperature is 'approximately 58 °F, and the annual precipitation varies from 18 to 26 inches (for additional information on the local air quality see Section 5 (Environmental Resources/Sustainability) of the proposed General Plan. Significance Criteria: The Bay Area Air Quality Management District (BAAQMD) CEQA Guidelines establishes the criteria of significance for potential air quality impacts in the San Francisco Bay Area. According to the guidelines a general plan may be deemed to have a significant impact on air quality if it is inconsistent with the most recently adopted Clean Air Plan. Potential Impacts: Site preparation activities such as grading, soil excavation and heavy construction equipment operation associated with the construction of developments consistent with the proposed General Plan could generate dust emissions that could result in temporary increases in localized PMio [Fine particulate matter "(solid or liquid) with an aerodynamic diameter equal to or less that 10 microns] emissions. This is.: a potential significant impact, but could be reduced to less than significant with the implementation of appropriate mitigation measures Increased vehicular traffic from potential growth consistent with the proposed General Plan could increase CO levels at major intersections. Mitigation Measures: The following Policies have been incorporated into the proposed General Plan to mitigate potential, adverse air quality impacts from future development consistent with the proposed general Plan. See Section 5 (Environmental Resources/Sustainability)` of the proposed General Plan. Policy 5-4 Air Pollution Effects of New.Development Policy 5-5 Air Pollution Effects of Existing Development Policy 5-7 Walking, Jogging and Bicycling Policy 5-8 Use of Open Fires and Fireplaces - General Plan EIR Chapter VI Environmental Analysis Page VI -20 Less than Significant Impact. With the implementation of above mitigation measures and the application of the existing Building Codes and Ordinances that require mitigation of potential impacts associated with construction activities, the potential impact can be reduced to less than significant levels General Plan EIR Chapter VI Environmental Analysis Page VI -21 Section 6 Public Services and Utilities This section discusses the availability of utilities and public services and the necessity for their continued availability to supportthe "`implementation of the proposed General Plan., It discusses the potential impacts that may be gerierated`by the implementation of the proposedGeneral Plan as well as mitigation measures incorporated into the General Plan to reduce potential significant impacts to less than significant. ExistinL Conditions Water: Water is supplied to Cupertino by the California Water Company and the San Jose Water Company, which obtain their ,supplies form the Santa. Clara Valley Water District. Water comes from two main sources` wells fed by ground water and imported water from the`Rinconada Treatment Plant. The Santa Clara Valley Water District has indicated that it has the ability to meet the long, -term needs of the Cupertino water` retailers. The District's. Water Supply MasterPlan has planned for growth, based upon the maximum growth potential of all municipalities in the.District, which does not exceed ABAG projections. For more information on '` the issue of the water supply see Section 5 (Environmental Resources/Sustainability) of the General Plan. Wastewater System and Treatment: The Cupertino Sanitary District and. the City of Sunnyvale provide wastewater, collection and treatment services to the City of Cupertino. The Cupertino Sanitary Sewer' District serves the major portion of the City, while the City of Sunnyvale serves only a small portion of the Cupertino Urban Service area within the San Jose Rancho Rinconada area, which is located adjoining Lawrence Expressway on the east side of the City. Wastewater collected; by. the Cupertino Sanitary District is transported to the San Jose/Santa Clara Water Pollution. Control Plant located in North San Jose, from which District has purchased a processing capacity of 8.6 millions gallons per day (mgd).' Presently, the District 'is only using 5.1 mgd of its total capacity. Therefore, a processing capacity of 3.5 mgd is available to the District to accommodate future growth. The City of Sunnyvale' serves two blocks of Cupertino's commercial properties along east Stevens Creek Boulevard. This service area also includes unincorporated single-family residential properties within the. Cupertino Urban Service Area. The City of Sunnyvale Wastewater Treatment Plant has a daily treatment capacity of 29 mgd of which approximately 15 mgd are being utilized. The Cupertino Sanitary District recently conducted an extensive inspection of its system that revealed that the system appears to be in good condition. However, notwithstanding the conditions of the infrastructure there are some problems with the carrying capacity of a number of lines in the system.. The lines located at the Town Center, south. of Wolfe Road and south of 1280 .on Wolfe Road,, Stelling Road and Foothill Blvd. are running at near or over capacity.' Storm Drainage: The Cupertino's storm drainage, system "has been designed to accommodate a'1 0 -year storm, and the City now requires that all new development conform to this standard. There are, however, some districts within the planning area, such as Monta Vista and other older areas contiguous to. the foothills that ' do not have an appropriate drainage system. Although the City has not conducted a; detailed study of the existing system, it assumed that it could accommodate a'run6ff from a 10 -year to a 40 -year storm with some overflow along the street gutters that would ultimately dissipate into the major storm drainage channels and creeks able to- accommodate a 100-y"ear storm: 1 - Telephone Conversation with Dave Ross of the Mark Thomas & Co;", Managers of the Cupertino Sanitary District General Plan EIR Chapter VI Environmental Analysis Page VI -22 Schools: Cupertino is served by three excellent school districts: The Cupertino Union School District, the Freemont Union High School District and the Foothill -De Anza Community College District. These three districts provide elementary, secondary and post -secondary education to the community. Solid Waste Management: Garbage pickup and recycling services are provided to the City of Cupertino by the Los Altos Garbage Company. Annual disposal of both residential and industrial generated garbage is approximately 38,000 tons. Residential garbage accounts for 22% of this total; while industries account for 40% of this total; construction waste deposited in debris boxes account for 22%, while self -haul accounts for 16% of the remaining total. Garbage from Cupertino is carried to Newby Island in Milpitas to be used as landfill. The City of Cupertino has executed a 35 -year contract with Browning and Ferris for continued service until the year 2023, or at the time the specified tonnage of 2,050,000 tons is reached. Fire and Emergency Services: Fire fighting and emergency medical services are provided to the City of Cupertino by the Santa Clara County Fire Department (SCCFD). The SCCFD is a full service department, which provides similar services to seven other west valley communities and adjacent County areas. The SCCFD also conducts fire prevention inspections and educational programs, including those on Community Emergency Response Team (CERT) training, cardio -pulmonary resuscitation (CPR) and first aid certification. In addition, the SCCFD is also a signatory to the California State Fire and Rescue Mutual Aid Plan. As such, it has day-to-day response agreements with a number of neighboring communities. Mutual agreements with the neighboring jurisdictions augment the SCCFD's fire response capabilities .2 Police Services: Police services are provided to Cupertino by the Santa Clara Sheriff Department, which include police patrol services, criminal investigation, traffic enforcement, accident investigation and tactical teams. Gas and Electricity: The Pacific Gas and Electric Company (PG&E) provides electric power to the City of Cupertino. PG&E's power is derived from several sources such as wind turbines, hydro -electric dams and nuclear power plants. The Association of Bay Area Governments (ABAG) power consortium provides natural gas to the City. Mimificance Criteria According to the State CEQA Guidelines a project would normally have a significant effect on the existing utilities and services if its demands require substantial alterations or construction of new facilities in order to serve the project. The proposed general plan would have a significant effect on the environment if development consistent with the general plan would require substantial alterations or constructions of new facilities in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services. The general plan would have a significant impact on schools if as a result of the potential growth from policies contained in the plan, school enrollment would increase substantially above the present physical capacity of existing schools, substantially alter the school districts standards and/or require construction of new facilities. Potential Impacts and Mitigation Measures Water: Development Pursuant to the Proposed General Plan will increase demands on the water supply. The Santa Clara Valley Water District has indicated that it will be able to meet the new demands, provided new growth does not exceed ABAG's projections. 2. Conversation with Wayne A. Hokanson, Deputy Fire Marshal, Santa Clara County Fire Department General Plan EIR Chapter VI Environmental Analysis Page VI -23 Mitigation: The following policies have been incorporated'into the project to mitigate potential adverse impacts resulting from the implementation of the proposed project. Policy 5-22 Compact Development Away from Sensitive Areas Policy 5-23 Conformance with Watershed -Base Planning and Zoning Policy 5-24 Ground Water Recharge Sites Policy 5-25 Other Water Sources Policy 5-26 _ Industrial Water Recycling Policy 5-27 Natural Water Courses Policy 5-28 Interagency Coordination Policy 5-29 Local conservation Policies Similar to Region -wide Policies Policy 5-30 Public information Effort Policy 5-31 Excessive Water Use Mitigation Measures Recommended by this Report: None 'Less than Significant Impact: Implementation of the above mitigation measures will reduce the potential impacts to less than significant: Wastewater System and Treatment: Both the Cupertino _Sanitary District and The City of Sunnyvale have sufficient wastewater "treatment capacity at, the. plants to accommodate future growth in `their Cupertino service area. However, there are some existing infrastructure problems. The carrying capacity, of some the lines in the system may not be able to accommodate effluents from new development in the Town Center, south of Wolfe Road, south of I-280 on Wolfe Road, Stelling Road and Foothill Boulevard areas. Projected growth under the proposed General Plan would make demands on the existing sewer system that may tax the existing infrastructure. The additional volume discharged from new development, particularly heavy sewer generators, into lines presently running at or near capacity may exceed the cumulative carrying capacity of these lines. Mitigation: In order to .accommodate the effluent from major developments, the line capacity problem will have to be corrected. Lines running at or near capacity and trunk service mains and other portions of the sewer main system will have to be upgraded. The financial burden for the upgrading of the infrastructure will be carried by the developers. The following policies have been incorporated into the proposed General Plan to mitigate this potential impact. Policy 5-45 Coordination with the Cupertino Sanitary District Policy 5-46 Sunnyvale Treatment Plant Policy 5-47 Vallco Parkway Mitigation Measures Recommended by this Report: None Less than Significant Impact: Replacing those lines presently running at or near, capacity to accommodate potential increased in wastewater discharge will reduce the line "capacity problem to less than significant. Storm Drainage: Storms of intensities greater that 40 -years could cause some flooding of yards, ,but flooding of buildings served by the existing drainage, system is highly unlikely. Those areas without a storm drainage system would be subjected to flooding which could cause some property damage. Mitigation: The City proposes to upgrade key parts of the of the ,older system through a long-term Capital Improvement Program, which includes a project to provide a storm drainage system to',the Monta Vista area. General Plan EIR Chapter VI Environmental Analysis Page VI -24 Mitigation Measures Recommended by this Report: None. Less than Significant Impact: With the implementation of the mitigation measures included in Capital Improvement Program, the potential impact will be reduced to less than significant levels. Schools: Additional residential development consistent with the proposed General Plan could have both capacity and fiscal impacts on schools. An analysis of the potential capacity and fiscal impacts that residential growth could have on schools was performed by Bay Area Economics. The assumptions of their analysis is presented in the tables below: Options Students from New Residential Units and New Fiscal Impact Elementary/Middle School Students AREA TASK FORCE DRAFT EXISTING GENERAL PLAN ADMISTRATIVE DRAFT Monta Vista 28 N/A 28 Vallco Park South 15 N/A 84 Heart of the City 53 52 74 Homestead 59 73 85 City Center 59 N/A 59 N. De Anza 26 18 36 Vallco Park North 27 N/A 36 Bubb Road 10 30 10 Undesignated 14 156 199 TOTAL STUDENTS291— 127 329 431 NET FISCAL IMPACT -$42,393 -$47,927 -$89,014 Options Students from New Residential Units and New Fiscal Impact High School Students AREA TASK FORCE DRAFT EXISTING GENERAL PLAN ADMINISTRATIVE DRAFT Monta Vista 17 N/A 17 Vallco Park South 6 N/A 17 Heart of the City 22 22 3 5 Homestead 25 22 31 City Center 25 N/A 25 N. De Anza 11 8 15 Vallco Park North 11 N/A 15 Bubb Road 4 18 4 Undesignated 6 82 104 TOTAL STUDENTS 127 160 281 NET FISCAL INAPACTS $1,458,373 $2,062,586 3,443,612 See Assumptions on the following page. General Plan EIR Chapter VI Environmental Analysis Page VI -25 Assumptions: ® K-8 Student generation/residential unit is 0.20 for "low density" development (15 or fewer DU's/acre), and 0. 12 for "higher density" development (more 15 DU/acre). ® High School student. generation/residential unit is 0.12 for "low density" development, and 0.05 for higher "higher density" development. ® For the undesignated area, which are units projected throughout existing low density and higher density, residential areas, andra dent generation rate was used o 0.161tudents/unit for elementary and middle school and 0�5 stu eints/unit for high school. Net Fiscal Impact per student for elementary and middle school students is: ® ($145.60) for low density developments ® ($145.69) for higher density developments Net Fiscal Impact per student for high school student is: ® ($2,367.28) for low density developments ® (12,891,16) for higher density developments These are conservative estimates based on average per student expenditures rather than marginal cost of a new student. Mitigation: The School Districts can collect impact fees from both residential and commercial developments in accordance with the following rates: ` $2.13 per square foot for residential square footage (90 Fremont Union High School District 1.23 Cupertino Union School District) .34 per square foot for commercial/industrial square footage (.14 Fremont Union High School district .198, Cupertino Union School District) Mitigation Measures Recommended by this Report: None. Less than Significant Impact: Implementation of the mitigation measures would reduce the potential impacts to less than significant. Solid Waste: Development consistent with the General Plan could increase solid waste generation. The City is compliance with AB 939 which required a 50% reduction. in the solid waste ,stream by the year 2000, and is presently exploring recycling methods to further reduce the waste stream. Litigation: The following policies have been incorporated into the General Plan to increase recycling and help reduce the solid waste stream. Policy 5-38 Commercial/Industrial Recycling Policy 5.39 Residential Recycling Policy 5-40 ©n -site Garbage Area Dedication Policy 5-41 Public Education Policy 5-42 City Recycling Policy 5-43 Re -distribution. of Reusable Materials Policy 5-44 Reuse of Building Materials Mitigation Measures Recommended by this Repoit . ,None. General Plan EIR Chapter VI Environmental Analysis Page VI -26 Less than Significant Impact: Continued compliance with the State requirements for solid waste stream reduction and implementation of voluntary efforts to increase recycling, will reduce the potential impacts to less than significant. Fire and Emergency Services: Cupertino's geographical boundaries include the foothills of the Santa Cruz Mountain Range at its westerly limits and the urbanized valley floor at its northerly limits. For that reason, Cupertino may be exposed to hazards from both wild and urban fires. Wild fires may impact the natural environment and residents of the area in the rural areas of the foothills. Uurban fires, which may occur in high-rise buildings, multiple residential buildings and or in commercial and industrial buildings, could impact workers and residents of the area. Development consistent with the General Plan would not significantly increase demands on the existing fire services. Mitigation: Cupertino's fire insurance rating is Class 2 (Class 1 being the highest rating). This is as a result of Cupertino's efforts to minimize fire risks. The Santa Clara County Fire Department (SCCFD) participates in the project review process to ensure that new buildings comply with the applicable Fire and Building Codes. In addition, the SCCFD administers the Weed Abatement and Brush Clearance Ordinance to minimize potential fires in the foothills and conducts inspections to insure compliance with applicable Fire Codes. The following policies have been incorporated in the General Plan to mitigate potential fire hazards. Policy 6-7 Early Project Review Policy 6-8 Commercial and Industrial Fire Protection Guidelines Policy 6-9 Fire Prevention and Emergency Preparedness Policy 6-10 Multi -Story Buildings Fire Risks Policy 6-11 Residential Fire Sprinklers Ordinance Policy 6-12 Smoke Detectors Policy 6-13 Wood Shake Roof Abatement Policy 6-14 Roadway Design Policy 6-15 Dead -End Street Access Policy 6-16 Hillside Access Routes Policy 6-17 Hillside Road Upgrades Policy 6-18 Private Residential Electronic Security Gates Policy 6-19 Extension of Water Service Policy 6-20 Growth Cooperation Policy 6-21 Fire Fighting Upgrades Needs Policy 6-22 Residential Fire Sprinklers Mitigation Measures Recommended by this Report: None Less than Significant Impact: With the implementation of the above mitigation measures potential impacts resulting from the implementation of the General Plan would be reduced to less that significant levels. Police Services: Development consistent with the General Plan and increased population as projected by ABAG will make greater demands on police services. Mitigation Measures: During the project review process principles of defensible space may be incorporated into the projects to reduce crime. The Santa Clara Sheriff Department also participates in the project review process and makes recommendations relevant to police and safety issues. The following policies have been incorporated into the General Plan to mitigate potential criminal incidents. Policy 6-23 Neighborhood Awareness Programs General Plan EIR Chapter VI Environmental Analysis Page VI -27 Policy 6-24 Public Perimeter Roads for Parks Policy 6-25 Crime Prevention in Building Design Policy 6-27 Pre -hearing Review Mitigation Measures Rec€rmngentded by this Report. None Less that significant Impact: The implementation of the 'General Plan should not have any significant impact on police services. Implementation of the above policies should help reduce the potential impacts further. Gas and Electricity: Development consistent with the General Plan will increase demands on these non- renewable resources. Continued increasing demands could impact these non-renewable energy supplies, as evidenced in recent years: Mitigation: The City of.Cuperiino has already recognized the need for conservation and has taken action at various levels to make the City a more energy-efficient user. The following policies have been incorporated in the General Plan to reduce the potential impact to less than significant. Po? izy 5-2 Co--iser-vatian and Efii lent User of En-erby Resources Policy 5-3 Green Building Design Litigation Measures Recommended by this Report: None. Less thorn- Signifint lmp : Continue- conservation by the City, the application of the- principles of sustainability into Cupertino's planning process and the implementation of the above mitigation measures will reduce this potential impact to less than significant: levels. General Plan EIR Chapter VI Environmental Analysis Page VI -28 Section 7 Wildlife and Vegetation Environmental Setting: Cupertino's wildlife and natural vegetation resources are found mostly within the relatively undeveloped western foothills and mountains and along creeks that traverse the Planning Area. The remaining urbanized portions of the City are ill-suited to host and support wildlife and native plants. Riparian vegetation grows along stream courses, where fertile soils and ample water are present. Such vegetation can be found along Stevens Creek, Permanente Creek, Regnart Creek, Heney Creek and portion of Calabazas Creek. Common plants found in these areas include: willow, California buckeye, Coast live oak, coyote brush, poison oak and California blackberry. Grassland habitat occurs on the lower slopes of the western foothills and at scattered locations at the higher elevations in the Montebello Ridge system. Plant species occurring in this habitat include wild oat, clover, rye grass and vetch. During the spring, displays of wild flowers may include California poppy, plantago and owl clover. Reptile and mammal species inhabiting this area include the western fence lizard, western rattlesnake and the common king snake. Mammals include a variety of burrowing rodents such as meadow mice and the California ground squirrel. Brusl-lands vegetation is often found on dry rocky slopes and the dominant plant species include coyote brush, poison oak, California sage and ceanothus. Mule deer, brush rabbit, bobcat and coyote inhabit this environment. Woodland vegetation include scattered oak trees with some undergrowth of plants and low shrubbery. A the higher elevations in the Montebello Foothills vegetation include hardwood trees and evergreens, including redwoods. See Section 5. (Environmental Resources/Sustainability) of the proposed General Plan. Significance Criteria: According to the State CEQA Guidelines a project would have a significant adverse effect on wildlife and vegetation if it conflicts with local or regional plans, policies, regulations, or the California Department of Fish and Game or U. S. Fish and Wildlife; Have a substantial adverse effect on any riparian habitat or other sensitive natural community; have a substantial adverse effect on federally protected wetlands; interfere substantially with the movement of any native resident or migratory fish or wildlife species; conflict with any local policies or ordinances, such as a tree preservation policy or ordinance or conflict with the provisions of an adopted or other approved local, regional or state habitat conservation plan. Potential Impacts: Further development of the hillsides consistent with the proposed General Plan could have a potentially significant effect on the existing wildlife and natural vegetation. Clearing of the sites for new residential development in the hillside foothills would require removal of the natural vegetation. The removal of the natural vegetation and the intrusion of man-made structures could displace existing wildlife habitat and also affect the migratory patterns. Mitigation: The following mitigation measures have been incorporated into the proposed General Plan to mitigate the potential adverse impact resulting from the development of the hillside areAs. Policy 5-8 Public Project Landscaping Policy 5-9 Development Near Sensitive Areas Policy 5-10 Landscaping Near Natural Vegetation Policy 5-11 Natural Area Protection Policy 5-12 Hillside Property Fencing Policy 5-13 Recreation in Natural Areas Policy 5-14 Recreation and Wildlife Trails Mitigation Measures Recommended by this Report: None. Less than Significant Impact: Implementation of the above mitigation measures will reduce the potential impacts to less than significant. General Plan EIR. Chapter VI Environmental Analysis Page VI -29 Section Noise Environmental Setting:. Noise is generally, defined as unwanted sound. Whether a sound is unwanted depends on the listener's: activity. at the time, when and where it occurs, characteristics of the sound and how intrusive it is above the background sound levels. Noise is measured in decibels (M. Generally a 3 decibel change is considered to be just- a perceivable difference. A change of 5 dB would be required before any perceivable change in the ambient. noise level would be noticed. For additional discussion of the issues relative to noise see Section 6 (Health and Safety Element) of the proposed General Plan and its Technical Appendix. Noise Contour Maps included in Section 6 represent the existing noise levels and the projected noise levels at the year 2020. Significance Criteria: ' According to the,State ; CEQA Guidelines a project ,would have a significant adverse effect on the environment if it exposes persons tortoise levels in excess of established standards; exposes persons to excessive groundborne vibration of groundborne noise levels; generates a substantial permanent increase. Potential Impacts: The noise contour .map on page 6-37 represents, the existing noise levels. Development consistent with the proposed .General Plan willgenerate' significant noise impacts during those periods of heavy construction activities.. Increases willbe temporary, and noise levels will return to normal after the construction period. Increased traffic, increased population and increased urban activities will raise the ambient noise levels, Noise contours projected to the year 2020 ( page 6-38 of Section 6 of the General Plan) indicate that there will a slight increase in the ambient noise levels as a result of the implementation of the proposed General Plan, but the increase does not represent a'significant impact. - Litigation: The following policies have been incorporated into the proposed General Plan help reduce the potential noise impacts to acceptable levels. Policy 6-51 Freeway Design and Neighborhood Noise Policy 6-52 Stricter State Noise Laws Policy 6-53 Neighborhood need priority Policy 6-54 Traffic Calming Solutions to Street Noise Policy 6-54 Noise: improvement by Restricting Trucks Policy 6-56 Reduction ofNoise from the Hanson Permanente Trucks Policy 6-57 Road improvements to Reduce Truck Impacts Policy 6-58 Commercial Delivery Areas Policy 6-59 Delivery Hours Policy 6-60Noise Control Techniques Policy 6-61 Hours of Construction Work Policy 6-62 Construction and Maintenance Activities Policy 6-63 Sound Wall Requirements Policy 6-64 Building Code Sections on Exterior Construction Policy 6-65 Building Code Sections on Interior Noise Policy 6-66 Application of Policy 6-63 to New Single-family Homes Mitigation Measures Recommended by this Report: None Less than Significant Impact: Implementation of the above mitigation measures will help reduce the potential noise impacts to less than significant levels., General Plan EIR Chapter VI Environmental Analysis Page VI -30 Section 9 Geology and Seismicity Environmental Setting: The San Francisco Bay region is recognized as one of the most seismically active regions in the world within which lie several active earthquake faults. One of the longest and most active faults in the world (the San Andreas fault) crosses the western portion of Cupertino's planning area. In addition, two other faults that are closely associated with the San Andreas fault, the Sargent-Berrocal and Monta Vista -Shannon fault systems, cross the central portion of the City. These faults manifest a variety of displacement styles. Movement on the San Andreas fault is predominantly right -lateral strike -slip, wherein the earth ruptures in a horizontal fashion, with the opposite sides of the fault moving to the right with respect to each other. Movement on the Sargent-Berrocal and Morita Vista -Shannon faults is more variable in style. Both of these faults are characterized by "thrust" faulting, wherein a significant amount of vertical "up -down (so called dip -slip) displacement occurs on an inclined plane and one side of the fault is elevated (i.e., thrust over) the other side. For further discussion of the potential seismic impacts refer to Section 6 (Health and Safety Element) of the General Plan and its Technical Appendix. Geologic hazards are landslides and seismic impacts related to local active fault traces. Ground shaking, surface fault rupture and other forms of ground failure are expected to occur within the City during large earthquakes. Table 6- A and Figure 6-B in Section 6 (Health and Safety Element) of the proposed General Plan explain the geologic and seismic hazards within the Cupertino Planning Area.' Significance Criteria: According to the State CEQA Guidelines a project would have a significant impact if it exposed people or structures to potential substantial adverse effects resulting from seismic activities, including the risk of loss, injury, or death involving a rupture of a known earthquake fault, strong seismic ground shaking, seismic -related ground failure, including liquefaction, and landslides, as well substantial soil erosion or loss of top soil, the project be located on unstable geologic unit, be located on expansive soil or have soils incapable of adequately supporting the use of septic tanks or alternative waste disposal systems where sewers are not available for the disposal of waste water. Potential Impacts: There is a probability that the project area will be subjected to strong ground shaking during an earthquake of a moderate to large magnitude. Severe City-wide ground shaking during an earthquake along one of the existing local or regional faults could cause structural as well as nonstructural damage to existing and prospective developments in the City. A moderate to large magnitude earthquake could also cause extensive property damage, injuries and possibly loss of life. Damage from a large magnitude earthquake can not be eliminated totally but may be reduced to acceptable levels. Residents of the area recognize that a probability exists that they could be exposed to a severe earthquake, but they consider this to be an acceptable risk Table 6-C and Table 6-D in Section 6 (Health and Safety Element) of the proposed General Plan represent Cupertino's policy position on the amount of Technical evaluation needed to ensure that hazards in new development are deduced to acceptable levels of risks. Mitigation: Both the State and Local codes address the issue of seismic resistance design for new construction. The proposed General Plan also includes policies that would reduce potential impacts to acceptable levels. Policy 6-1 Seismic/Geologic Review Process Policy 6-2 Public Education of Seismic Safety Mitigation Measures Recommended by this Report: None Less than Significant Impact: Implementation of the above mitigation measures will reduce the potential impacts to acceptable levels. 1 — Geologic and Seismic Study for the General Plan by Cotton, Shires Associates. General Plan EIR Chapter VI Environmental Analysis Page VI -31 Section 1® Floods, Drainage and Water Quality Environmental Setting: All surface water originating in, or passing through, Cupertino ultimately discharges into San Francisco Bay Limited areas of Cupertino are subject sheet flow characterized by unpredictable flow paths. Water -surface elevation in these areas is independent of those along the,adjacent streamway and are affected principally by obstructions in the flooded areas. Runoff is collected in pan underground storm drainage system that discharges into the creeks within the City. The system has been designed to accommodate a 10 -year storm, and the City now requires that all new development conform to this standard. There are, however, some districts within the planning area, 'such as Monta'Vista and other older areas contiguous to the foothills that do not have an appropriate drainage system. Although the City y g system, it is assumed that it could accommodate a runoff has not conducted a detailed stud of the existin from a 10 -year to a 40 -year storm with some overflow along the street gutters that would ultimately dissipate into the major storm 'drainage channels and`•creeks able to accommodate a 100 -year; storm. See Section 6 (Health and Safety) for additional information of potentialflood hazards. Significance Criteria: According to the State CEQA Guidelines a project could generate significant environmental effects if as a result of its implementation it would cause substantial flooding, substantially alter the drainage pattern of the area, contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems; substantially degrade the water, quality,' place structures within the 100 -year' flood hazard area, expose people or structures to significant risk':of loss, injury or death involving flooding, including flooding as a result of a levee or dam failure. Potential ImpaeIts: Existing uses and structures within the flood plains .as well areas without an adequate drainage system will be ` -subjected to flooding. Siltation from new construction consistent with the proposed. General Plan could degrade the water quality and obstruct the natural flow, and the existing drainage system unless appropriate measures are implemented to preclude it. Mitigation: The following policies have been incorporated into the proposed General Plan to reduce. the potential impacts' associated with floods, water qualities and inadequate drainage systems. In addition, construction of projects'consistent with the General Plan will be subject to a National Pollutant Discharge Elimination System (NPDES) permit, which requires implementation of nonpoint source control of stormwater runoff. Policy 6-42'' Evacuation Map Policy 6-43` Flood Insurance Map Rates Policy 6-44 Emergency Response to Darn Failure Policy 6-45 ' Existing Uses in the F1oodPlain Policy 6-46 New Construction in Flood Plains Policy 6-47 Dwellings in Natural Flood Plain Policy 6-48 Hillside Grading Policy 6-49 Stability. of Existing Water Storage Facilities Mitigation Measures Recommended by this Relbort: None Less than Significant Impact: Implementation of the `above tritigation, measures will reduce the levels of the potential impact to.less than significant levels. - General Plan EIR Chapter VI Environmental Analysis Page VI -32 Section 11 Population, Housing and Jobs Environmental Setting: Cupertino's population has increased significantly since the year of its incorporation, 1955, when the population within the incorporated area of the City was less than 2,500 people. By 1960, Cupertino's population had grown to 3,664 persons. Over the four subsequent decades Cupertino experienced an accelerated rate of growth in population, going from 3,664 to 50,546 persons in year 2000.' This rapid growth in population reflected Santa Clara County's evolution from an agricultural center to worldwide headquarters for many high technology industries and annexations that took place during the ten year period between 1970 and 1980. These annexations alone added 12,000 residents to the population of the City. According to the 2000 U. S. Census data there were 18,032 households in the City of Cupertino. The inventory conducted by the City for the preparation of the Housing Element of General Plan indicated that there were 20,032 households in Cupertino. For further information on the above discussion refer to Section 3 (Housing) of the proposed General Plan and its Technical Appendix. Significance Criteria: According to the State CEQA Guidelines a project would have a significant impact on the environment if it induces substantial population growth in the area, either directly or indirectly, displaces substantial number of existing housing, necessitating the construction of replacement housing elsewhere or displaces substantial number of people, necessitating construction of replacement housing elsewhere. Potential Impacts: While the adoption of the a proposed General Plan would not directly create jobs or induce population growth, the implementation of its land use policies relative to the potential growth in the commercial and office/industrial uses could indirectly promote job creation and population growth. New jobs will attract people to the area, although it may be assumed that some of these newly created jobs would be filled by residents of Cupertino. Other factors that could attract people to the area and contribute to the population growth is Cupertino's desirability as a residential community and its excellent schools. The Association of Bay Area Governments (ABAG) projects that population in Santa Clara County will grow from its present 1,755,300 persons to 2,016,700 persons by the year 2020. ABAG also estimates that population in the City of Cupertino and lands within its sphere of influence will grow from the present population of 50,546 to 66,400 during the same twenty-year period. It also projects that during this same twenty-year period the number of jobs in Cupertino will increase by 20%. The employment/housing balance is a issue of concern not only to Cupertino but to other communities in the Bay Area. If jobs exceed housing units availability, the problems of housing affordability and commuting are exacerbated. ABAG's estimate of Cupertino's job/housing ratio is 2.4 jobs to every household 2. Cupertino has adopted Mitigation Program 11 (See page 3-9 of the proposed General Plan) to address the issue of the job/housing balance. An increase in population will create pressures for the development of new housing. The construction of new housing will require lumber, steel and other building materials. Cupertino, however, encourages recycling of building material to reduce the impact on the diminishing natural resources (See policies 5-43 and Policy 5-44 on page 23 of the proposed General Plan). Increased population could also affect the local traffic conditions, but the implementation of traffic improvements recommended in the Circulation Section of the proposed General Plan would reduce these potential impacts to less that significant levels. 1. U.S. Census 2000 2. Technical Appendix of the Housing Element 2001 - 2006 General Plan EIR Chapter VI Environmental Analysis Page VI -33 Increases in population should:. not significantly affect the ambient noise levels over the next twenty years (see pages 6-37 and 6-38 of the proposed GeneralPlan. Public services for new development could be provided without the necessity of expanding existing facilities or building new facilities. Implementation of the proposed General Plan would displace a substantial number of houses, nor would it displace a substantial number of people. State law requires that localgovernments zone sufficient vacant land for residential use at standards and densities appropriate to meet the housing needs of all economic segments of the population. One of the primary, functions of the Housing Element is to identify lands suitable for residential development. Cupertino inventoried its lands for the preparation of the Housing Element to identify suitable lands where additional housing could be built. to meet its fair share of the regional housing needs as'determined,by the Association of Bay Area Governments (ABAG). Pages 3-5 and 3-6 and Figure 3-C (Housing Allocation) on page 3-16 of the proposed General Plan identify those areas where additional housing could be built. The potential growth under Cupertino's proposed General Plan would be part of the regional growth in development over the existing conditions. Many regional issues can not be adequately addressed by one city alone. Cupertino has incorporated. policies, programs and implementing strategies to mitigate the potential impacts generated by the potential increase in population. Mitigation: The following policies have been incorporated into the proposed General Plan to mitigate potential impacts associated with the increased population. Policy 3-1 Housing Mitigation Plan Policy 3-2 Range of Housing types Policy 3-3 Housing Rehabilitation Policy 3-4 Development of Affordable Housing Policy 3-6 Housing Densities Policy 3-7 Maintenance and Repair Policy 3-8 Conservation of Housing Stock Policy 3-9 Energy Conservation Policy 3-10 Special Needs Households Policy 3-11 Housing Discrimination Mitigation Measures Recommended by this Report: None Less than Significant Impact: Implementation of the above mitigation 'measures and other mitigation measures included in the proposed General Plan will reduce the potential housing 'impacts to less than significant levels. General Plan EIR Chapter VI Environmental Analysis Page VI -34 Section 12 Hazardous Materials Environmental Setting. The use, storage and disposal of hazardous materials are regulated by federal, state and local laws. The U. S. Environmental Protection Agency (EPA) is the federal agency that administers hazardous waste regulations. The State agencies include the California Environmental Protection Agency (Cal EPA), the Department of Toxic Substances Control (DTSC), The San Francisco Bay Regional Water Quality Control Board (RWQCB), the Air Resources Board (ARB) and the Bay Area Air Quality Management District (BAAQMD). Local regulatory agencies are Santa Clara County Department of Environmental Health (SCCDEH) and Santa Clara County Fire Department (SCCFD). The transportation, distribution, storage and disposal of hazardous materials are of great concern to the City of Cupertino. The City has adopted a Hazardous Material Ordinance to regulate the storage of these materials in a solid and liquid form and a Toxic Gas Ordinance to regulate the storage of these materials in gaseous forms. The City along with 13 other Cities together with the County developed a plan for the disposal of hazardous waste. The County's Hazardous Waste Management Plan (CoHWMP), which is administered by the County, was endorsed by the Cupertino's City Council in 1990. The potential effect of Electromagnetic Fields (EMF) is also a concern to Cupertino, although the potential effects of EMF have not conclusively demonstrated. A more comprehensive discussion on Hazardous Materials is contained in Section 6 (Health and Safety Element) of the proposed General Plan. Significance Criteria: According to the State CEQA Guidelines a project could create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials. Potential Impacts: Commercial and/or industrial uses developed in accordance with the proposed General Plan may include the usage of hazardous materials in their operations. Additional storage of these materials could increase the risk of exposure to such materials and increase the waste -stream of these materials. Future development and/or redevelopment of sites where hazardous materials may be present could expose construction workers as well as the general public to hazardous materials. Potential sources of hazardous materials could include contaminated soils and groundwater and building materials containing asbestos. Mitigation: The following policies have been incorporated into the proposed General Plan to mitigate potential impacts from hazardous materials. Policy 6-28 Hazardous Material Storage and Disposal Policy 6-29 Proximity of Residents to Hazardous Materials Policy 6-30 Electromagnetic Fields Policy 6-31 Alternative Products Policy 6-32 Households Hazardous Wastes Policy 6-33 Hazardous Waste Dumping Mitigation Measures Recommended by this Report: None Less than Significant Impact: Implementation of the above mitigation measures will reduce the potential noise impacts to less than significant. General Plan EIR Chapter VI Environmental Analysis Page VI -35 Section 13 Historical and Cultural Resources Environdnental' Setting: Prior to the European settlement of the area which is now Cupertino, the area was inhabited' by the ,Indians of -the Costanoan'(from the Spanish, Costanos, or coast people) group. The descendents of these indigenous people=preferred. the. name Ohlone, (people of the west) which was given to them by the Yokuts, an Indian group living' to the east in the San Joaquin Valley. The Ohlone lived within the watershedlands extending from the Carquinez Straights on the north to the Carmel River on the south: Recorded history began in the Cupertino area with. the coming of the Spanish, who in the latter part of the 18a' century sent several expeditions from Mexico north. to California. In March of 1776, Colonel Juan Bautista de Anza passed through what is now` Cupertino, `during the' expedition that ultimately selected the site for the City of San Francisco. European'inOgrants *W subsequently settled in the area recognized the fertility of the lands and developed a thriving agncultural economy. The village of Cupertino sprang up at the crossroads of ' Stevens Creek Road and De Anza Boulevard (formerly known as the Saratoga -Sunnyvale Road). `Th6 village was initially known as the West Side, but in 1904 the name Cupertino was applied to it, tivliich was" the name of a nearby winery. Concerned with the adverse effects of the population explosion of the late 1940's, community leaders started a drive for incorporation in 1954. On September 27, 1954, incorporation was approved by the voters, and on October 10, 1955, Cupertino became Santa Clara'County's 13' city. Today Cupertino is part of the world-renowned high technology center, known as the "Silicon Valley," and is home to several companies producing high technology products =See Section 2 (Land. Use/Community Design) of the General Plan and Flood Insurance Study for the City o Cupertino by the Federal Emergency Management Agency, November 1979, on file at Santa Clara County. Significance Criteria: According with the State CEQA Guidelines a project could have a significant impact on" the cultural resources if it causes a substantial adverse change in the significance of a historical resource as "defined by Section 15064.5 of the State" CEQA Guidelines; causes a substantial adverse change in the: si pificance of an archaeological resource pursuant to Section 15064.5 of the State CEQA Guidelines; ' directly. or indirectly destroys. a, unique paleontological resource or site or unique geologic feature or disturbs 'any human remains, includingthose'interred outside "of formal cemeteries. Potential Impacts Construction activities associated with new 'development consistent with the General Plan could disturb potentially valuable archaeological deposits or paleontological resources:' New construction could also affect existing historical building and/or sites. Mitigation: The following policies have been incorporated`into'the General- Plan to mitigate potential adverse impacts resulting from the implementation of the General Plan. Policy 2-59 Landmark Rehabilitation Policy 2-60 Archaeologically Sensitive Areas Policy 2-61 Native American Burials Policy 2-62 Heritage Trees Mitigation Measures Recommended by this Report: None. Less than Significant Impact: With the implementation of the above mitigation measurespotential impacts will be reduced to less than significant. General Plan EIR Chapter VI Environmental Analysis Page VI -36 Section 14 Energy Environmental Setting: The Pacific Gas and Electric Company (PG&E) provides electric power to the City of Cupertino. PG&E's power is derived from several sources such as wind turbines, hydro -electric dams and nuclear power plants. The Association of Bay Area Governments (ABAG) power consortium provides natural gas to the City. Significance Criteria: According with the State CEQA Guidelines a project could have a significant effect on energy availability if it requires a significant expansion of existing facilities or the construction of new facilities in order to serve the project. Appendix F of the State CEQA Guidelines describes the type of analysis that should be conducted for an EIR and the type of mitigation measures that would be appropriate to mitigate the potential impacts. Appendix F enumerates a number of potential impacts related to energy: 1) The project's energy requirements and its energy use efficiencies by amount and fuel type for each stage of the project's life cycle; 2) the effects of the project on local and regional supplies and on requirement for additional capacity: 3) the effects of the project on peak and base period demands for electricity and other forms of energy; 4) the degree to which the project complies with existing energy standards.; 5) the effects of the project on energy resources; and 6) the project's projected transportation energy use requirements and its overall us of efficient transportation alternatives. Appendix F also states that mitigation measures may include measures to reduce wasteful, inefficient and unnecessary consumption of energy during construction, operation, maintenance and/or removal. The potential of siting, orientation and design should also be considered to minimize energy consumption, including transportation energy; the potential for reducing peak energy demand; alternative fuels or energy systems; and energy conservation which could result from recycling efforts. Potential Impacts: Implementation of the General Plan will result in the expansion of existing commercial uses or construction of new commercial retail, office/industrial, hotels, commercial recreational buildings, restaurants and both single family residential structures and multiple residential structures. Construction of new buildings will increase energy consumption, as they would require natural gas for hearing and air conditioning and electricity for lighting. In addition, this new development will generate a substantial number of additional daily auto trips. This increase in automobile trip generation would intensify the demand for additional fuels. Without mitigation this increase in energy demand could generate a significant demand on the environment. Mitigation: Policies incorporated into the General Plan regarding energy have been designed to reduce energy consumption. In addition, State has adopted measures that address energy consumption. Title 22 and Title 24 include energy conservation requirements that must be applied to all new construction. Policy 5-2 Conservation and Efficient Use of Energy Resources Policy 5-3 Green Building Design Mitigation Measures Recommended by this Report: None Less than Significant Impact: With the implementation of the above mitigation measures potential impact energy consumption impacts would be reduced to less than significant. General Plan EIR Chapter VI Environmental Analysis Page VI -37 Section 15 Mineral Resources Environmental Setting: The State of California enacted the Surface Mining and Reclamation Act of 1975 (SMARA). The'objective of this act is to assist °local governments in conserving mineral deposits for future use. A map (Figure 5-13) of the mineral resources areas is included in " Section 5 (Environmental Resources/Sustainability) of the General Plan. There are four mineral resource areas located within the general area. Two of these are located within the unincorporated lands of the County of -Santa Clara .but are within ,Cupertino's boundary agreement areas and two are located within the City. "The Hanson Permanente and Stevens Creek sites have been designated by the'State as having mineral deposits of regional or state significance. These two sites are under the regulatory jurisdiction of the County of SantaClara: The County's mineral resource policies are oriented toward preservation of the existing sites, and, wherever feasible, designating new areas and expanding the existing areas. The two other sites located within the City, are classified as mineral resource areas for which the State I equires policies supporting preservation and extraction. However, most of the areas have been developed with residential and other uses and one area is considered to be depleted. Significance Criteria: According to ,the State CEQA Guidelines a significant adverse effect on existing mineral resources would be an action that would result. in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State; or result in the loss of availability of locally -important mineral resource recovery site delineated on a local general plan, specific plan or land use plan. Potential Impacts: The operation of the.active mineral resource sites is of great concernto the citizens of Cupertino. The existing operations generate pollutants into the air with the potential .of degrading the air quality and raising the ambient noise levels. 'Truck traffic associated with the operations of the -quarry traversing local roads are also a source of both air and noise pollution and also affect the local traffic conditions. Mitigation: Santa ' Clara County has regulatory jurisdiction over the active mineral resource areas. Cupertino should :continue to work closely with the County to ensure that the activities associated with the operations of the mineral resource areas do'not impact the City of Cupertino to any significant extent. The following policies have been included into the General Plan to help reduce the potential impacts from the Hanson Permanente and Stevens' Creek' mineral resource sites to less than significant levels. Policy 5-15 Mineral Resource Areas Policy 5-16 Mineral extraction Controls Policy 5-17 Incompatible Land Uses Policy 5-18 Recreation at Old Quarries Mitigation Measures Recommended by this Report: None. Less than Significant Impact: With the implementation of the above listed mitigation measures potential impacts resulting from the operation of the mineral resource areas can be,reduced to less than significant. General Plan EIR Chapter VI Environmental Analysis Page VI -38 Section 16 Consistency with Existing Plans Environmental Setting: There are a number of Federal, State and Regional agencies that exercise some degree of jurisdiction over local government. At the Federal level, the Environmental Protection Agency (EPA) implements a number of legislative acts, such as the Clean air Act, the Water Pollution Control Act, the Clean Water Act, Safe Drinking Water Act, and the Endangered Species Act. etc. At the State level, there also a number of agencies that exercise some degree of authority over local jurisdictions' planning and/or permitting processes, such as the California Department of Transportation (CalTrans), The San Francisco Bay Conservation and Development Commission (BCDC), the Bay Area Air Quality Management District (BAAQMD), the California Regional Water Quality Control Board (CRWQCB), etc. The State requires that all cities and counties prepare and adopt a general plan. Such general plan must be consistent with the General Plan Guidelines promulgated by the State. Cupertino's proposed General Plan is, generally, consistent with all applicable Federal, State, Regional and Local plans and policies with the exception the inconsistencies indicated below. At the regional level, the Association of Bay Area Governments (ABAG), The Bay Area Air Quality Management District (BAAQMD) and the Metropolitan Transportation Commission also have some degree of jurisdiction over local agencies. At the local level, the County of Santa Clara oversees a number of local programs that cities must conform with, e. g., the Congestion Management Plan (CMP), Hazardous Waste Management Plan, Solid Waste Management Plan. Significance Criteria: The General Plan Guidelines indicate that Federal, State and Regional goals and objectives can only be met if the local plans are consistent with regional plans. Potential Impacts: The proposed General Plan may be deemed to be inconsistent with the Santa Clara County General Plan Policies in the following areas.- Expansion reas:Expansion of Mineral Resources Areas Operation: While the County policies provide for expansion of sand and gravel resource extraction, Cupertino's proposed General Plan states that exiting and proposed activities at these mineral resource areas should not exceed present level of operations in terms of noise and traffic congestion. Mitigation: See mitigation measures in the Mineral Resources section. Mitigation Measures Recommended by this Report: None. Less than Significant Impact: Mutual cooperation between the County of Santa Clara an the City of Cupertino, the potential impacts from the operation of the quarries can maintained at less that significant levels. General Plan EIR Chapter VII Alternatives and Other CEQA Considerations Page VII -2 Section 1 Significant Environmental Effects Which Cannot be Avoided Section 15126.2 (b) of the State CEQA Guidelines requires that the EIR identify any significant environmental effects that can not be avoided if the project is implemented. The potential impacts associated with the adoption and implementation of the proposed General Plan would be either less than significant or can be mitigated to less than significant levels with the implementation of the mitigation measures, programs and strategies contained in the General Plan. Further mitigation can be accomplished at the individual project environmental review level. It may be noted, however, that ultimately the City, as the Lead Agency for the proposed Project, has the authority to either confirm the findings of the EIR or modify its findings based on new evidence and/or additional data introduced during the public review process. Should any significant unavoidable impacts be identified during the review process that can not mitigated to less than significant levels, the City would have to make Findings and adopt a Statement of Overriding Considerations for each of the one of the impacts prior to the adoption of the General Plan. ■ General Plan EIR Chapter VII Alternatives and Other CEQA Considerations Page VII -3 Section Significant Irreversible Changes Which Would. be Caused by the Proposed Project Should it be Implemented Section 15126.2 (c) of the CEQA State Guidelinesrequires that the EIR identify those- any potential irreversible -environmentalchanges that may. be caused by the implementation of the proposed project. This section defines irreversible., environmental changes as large commitments of nonrenewable resources or irreversible damage resulting from environmental' accidents' associated with the project. The " adoption of the proposed General -Plan indirectly commits the.available available resources for its implementation. New development in accordance with the proposed General Plan will irreversibly commit , substantial amounts of lumber,steel, aluminum, concrete, petroleum and other products necessary for construction. However,, when considering the availability of these resources and the increasing use of recyclable materials, the commitment would not be considered significant. Accidents, such as the release of hazardous materials could trigger irreversible enviromnental damage. The use, storage and disposal of hazardous material are heavily regulate by federal, state :and local laws. Cupertino has adopted a Hazardous Material Ordinance to regulate the storage of these materials in'a solid or liquid form and Toxic Gas Ordinance to regulate the storage of these material in gaseous forms. General Plan EIR Chapter VII Alternatives and Other CEQA Considerations Page VII -4 Section 3 Growth Inducing Impacts Section 15126.2(d) of the State CEQA Guidelines requires that the Environmental Impact Report include a discussion of the potential growth inducing impacts of a proposed project. This discussion should focus on the ways the proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. The General Plan is a dynamic policy document that expresses a community's vision of its future, usually 10 to 20 years into the future. By its very nature, the General Plan is a growth inducing vehicle. The land use policies of the proposed General Plan will permit the development of 2,108,267 square feet of additional commercial and office/industrial space, this is 107,995 square feet less in the office/industrial land use category than allowed under the existing General Plan. The expansion of the commercial and office/industrial space will foster economic and population growth. Growth in employment and population will generate both primary and secondary impacts. Secondary impacts will result from the development of ancillary uses in the peripheral areas to serve major uses developed in the City's commercial and office/industrial employment centers. According to projections from the Association of Bay Area Governments (ABAG), Cupertino will experience a population growth of 19% during the period between the year 2000 and the year 2020. It is estimated that population within Cupertino and its sphere of influence could reach 66,400 persons. ABAG also projects that during the same period the number of jobs in Cupertino will increase by 20%. Growth in employment will not always necessitate the construction of new housing. It may be assumed that some the newly created jobs will be filled by residents of the City and/or the general area. The proposed General Plan includes policies, programs and strategies designed to meet the housing needs. General Plan EIR Chapter VII Alternatives and Other CEQA Considerations Page VII -5 Section 4 Mitigation Measures Section 15126.4 of the State CEQA Guidelines requires that the EIR describe feasible mitigation measures which could minimize significant adverse impacts associated with the proposed project. The following. mitigation measures have been incorporated into the proposed General Plan to eliminate or reduce the potential environmental impacts resulting form the, proposed Project. These mitigation measures address the potential impacts at the policy level. Specific projects will require further `environmental review and project specific impacts will require additional mitigation: 1. Land Use Policy -2-3 Crossroads Area Streetscape Plan Policy 2-4 Active Spaces Policy 2-5 Distinct Neighborhoods Policy 2-6 Neighborhood Protection Policy 2-10 Urban Areas Policy 2=13 Urban Building Forms Policy 2-14 Attractive Building and Site Design J Policy 2-15 Multi -Family Residential Design Policy 2-16 Single Family Residential Design Policy 2-17 Streetscape Design - - Policy 2-18 Context of Streetscape Design Policy 2-20 Diversity of Land Use Policy 2-21 Unique Neighborhood Character Policy 2-24 Monta Vista Policy 2-25 Oak Valley Policy 2-26 Fairgrove Policy 2-27 Heart of the City Policy 2-28 Crossroads Area Policy 2-29 Stevens Creek Boulevard Policy 2-30 Vallco Park South - Policy 2-31 Homestead Road Policy 2-32 Remainder of Neighborhoods Commercial Areas Policy 2-33 North De Anza Boulevard Policy 2-34 City Center Policy 2-35 Vallco Park North Policy 2-36 Bubb Road .2 Circulation Policy 4-1 City Participation in Regional Transportation Planning Policy 4-2 Reduced Reliance on the Use of Single -Occupant Vehicles Policy 4-3 Cupertino Pedestrian Transportation Guidelines and the CupertinoBicycle Transportation Plan Policy 4-4 Increased Use of Public Transit Polity 4-5 Traffic Service and Land Use Development Policy 4-6 Roadway Plans that Complement the Needs of Adjacent Land Use Policy 4-7 Curb Cuts Policy 4-8 Street Improvement Planning Policy 4-9 Safe Parking Lots Policy 4-10 Good Traffic Service on Major Streets General Plan EIR Chapter VII Alternatives and Other CEQA Considerations Page VII -6 Policy 4-11 Traffic Calming on Local Streets Policy 4-12 Limited Street Closures Policy 4-13 School Impacts on Neighborhoods Policy 4-14 Transportation Noise, Fumes and Hazards Mitigation Measures Recommended by this Report To meet intersection LOS policy standards, two capacity improvements are recommended in the Plan under Policy 4-5. These are shown in Table 2-9 on page 12 of Chapter VI (Environmental Analysis). 3. Open Space, Parks and Trails Policy 2-64 Stevens Creek Park Policy 2-65 Continuous Open Space Policy 2-66 Future use of Blackberry Farm Policy 2-67 Recreational opportunities for Special Needs Policy 2-68 Private Open Space and Recreational Facilities Policy 2-69 Public Use of Private Open Space Policy 2-70 Open Space and Trail Linkages Policy 2-71 Park Acreage Policy 2-72 Park Walking Distance Policy 2-73 Recreational Intensity Policy 2-74 Park Minimum Acreage Policy 2-75 Park Design Polity 2-76 Park access and Visibility Policy 2-77 Acquisition of Surplus School Property Policy 2-78 Park and Open Space Acquisition Program Policy 2-79 Acquisition of Additional Parklands Policy 2-80 School Playing Fields Policy 2-81 New Residential Development in Urban Core Areas Policy 2-82 Require Public Parkland Visual/Aesthetic Qualities Policy 2-13 Urban Building Forms Policy 2-14 Attractive Building and Site Design Policy 2-15 Multi -Family Residential Design Policy 2-16 Single -Family Residential Design Policy 2-17 Streetscape Design Policy 2-18 Context of Streetscape Landscaping 5. Air Quality Policy 5-4 Air Pollution Effects of New Development Policy 5-5 Air Pollution Effects of Existing Development Policy 5-7 Walking, Jogging and Bicycling Policy 5-8 Use of Open Fires and Fireplaces 6. Public Services and Utilities Water Policy 5-22 Compact Development Away from Sensitive Areas Policy 5-23 Conformance with Watershed -Base Planning and Zoning Policy 5-24 Ground Water Recharge Sites General Plan EIR Chapter VII Alternatives and Other CEQA Considerations Page VII -7 Policy 5-25 Other Water Sources Policy 5-26 Industrial Water Recycling Policy5-27Natural Water Courses Policy 5-28 Interagency Coordination Policy 5-29 Local conservation Policies Similar to Region -wide Policies Policy 5-30 Public information Effort Policy 5-31 Excessive Water Use Wastewater System and Treatment Policy 5-45 Coordination with the Cupertino Sanitary District`. Policy 5-46 Sunnyvale Treatment Plant Policy 5-47 Vallco Parkway Storm Drainage The City proposes to upgrade key parts of the of the older system through a long-term Capital Improvement Program, which includes a project to provide a storm drainage system to, the Morita Vista area. Schools School Districts can collect impact fees from both residential and commercial development. Solid Waste Policy 5-38 Commercial/Industrial Recycling Policy 5.3 9 Residential Recycling Policy 5-40 On-site Garbage Area Dedication Policy 5-41 Public Education Policy 5-42 City Recycling Policy 5-43 Re -distribution of Reusable Materials Policy 5-44 Reuse of Building Materials Fire and Emergency Services Policy 6-7 Early Project Review Policy 6-8 Commercial and Industrial Fire ,Protection Guidelines Policy 6-9 Fire Prevention and Emergency Preparedness Policy 6-10 Multi -Story Buildings Fire Risks Policy 6-11 Residential Fire Sprinklers Ordinance Policy 6-12 Smoke Detectors Policy 6.13 Wood Shake Roof Abatement Policy 6-14 Roadway Design Policy 6-15 Dead -End Street Access Policy 6-16 Hillside Access Routes Policy,6-17 Hillside Road Upgrades Policy 6-18 Private Residential Electronic Security Gates Policy 6-19 Extension of Water Service Policy 6-20 Growth Cooperation Policy 6-21 Fire Fighting Upgrades Needs Policy 6-22 Residential Fire Sprinklers Police Services Policy 6-23 Neighborhood Awareness Programs Policy 6-24 Public Perimeter Roads for Parks Policy 6-25 Crime Prevention in Building Design Policy 6-27 Pre=hearing Review General Plan EIR Chapter VII Alternatives and Other CEQA Considerations Page VII -8 Gas and Electricity Policy 5-2 Conservation and Efficient Use of Energy Resources Policy 5-3 Green Building Design 7. Wildlife and Vegetation Policy 5-8 Public Project Landscaping Policy 5-9 Development Near Sensitive Areas Policy 5-10 Landscaping Near Natural Vegetation Policy 5-11 Natural Area Protection Policy 5-12 Hillside Property Fencing Policy 5-13 Recreation in Natural Areas Policy 5-14 Recreation and Wildlife Trails S. Noise Policy 6-42 Policy 6-51 Freeway Design and Neighborhood Noise Policy 6-52 Stricter State Noise Laws Policy 6-53 Neighborhood need priority Policy 6-54 Traffic Calming Solutions to Street Noise Policy 6-54 Noise improvement by Restricting Trucks Policy 6-56 Reduction of Noise from the Hanson Permanente Trucks Policy 6-57 Road improvements to Reduce Truck Impacts Policy 6-58 Commercial Delivery Areas Policy 6-59 Delivery Hours Policy 6-60 Noise Control Techniques Policy 6-61 Hours of Construction Work Policy 6-62 Construction and Maintenance Activities Policy 6-63 Sound Wall Requirements Policy 6-64 Building Code Sections on Exterior Construction Policy 6-65 Building Code Sections on Interior Noise Policy 6-66 Application of Policy 6-63 to New Single-family Homes 9. Geology and Seismicity Policy 6-1 Seismic/Geologic Review Process Policy 6-2 Public Education of Seismic Safety 10. Floods, Drainage and Water Quality Policy 6-42 Evacuation Map Policy 6-43 Flood Insurance Map Rates Policy 6-44 Emergency Response to Dam Failure Policy 6-45 Existing Uses in the Flood Plain Policy 6-46 New Construction in Flood Plains Policy 6-47 Dwellings in Natural Flood Plain Policy 6-48 Hillside Grading Mitigation Measures (Cont'd) Policy 6-49 Stability of Existing Water Storage Facilities 11. Population, Housing and Jobs Policy 3-1 Housing Mitigation Plan Policy 3-2 Range of Housing types Policy 3-3 Housing Rehabilitation General Plan EIR Chapter VII Alternatives and Other CEQA Considerations Page VII -9 Policy 3-4 Development of Affordable Housing Policy 3-5 Tax Increment Funds Policy 3-6 Housing Densities Policy 3-7 Maintenance and Repair Policy 3-8 Conservation of Housing Stock Policy 3-9 Energy Conservation Policy 3-10 Special Needs Households Policy 3-11 'Housing Discrimination 12. Hazardous Materials Policy 6-28 Hazardous Material Storage and Disposal - - Policy 6-29 Proximity of Residents to Hazardous' Materials Policy 6-30 Electromagnetic Fields Policy 6-31 Alternative Products Policy 6-32 Households Hazardous Wastes Policy 6-33 . Hazardous Waste Dumping 13. Historical and Cultural Resources Policy 2-59' Landmark Rehabilitation Policy 2-60 Archaeologically Sensitive Areas Policy 2-61 Native American Burials Policy 2-62 Heritage Trees 14." Energy Policy 5-2 Conservation and, Efficient Use of Energy Resources -Policy 5-3 Green Building Design 15. Mineral Resources Policy 5-15 Mineral Resource Areas Policy`5-16 Mineral extraction Controls Policy 5-17 .``Incompatible Land Uses Policy 5-18 Recreation at Old: Quarries 16. Consistency with Existing ,Policies .�NMnitor quarry operations and work with Santa Clara County to control quarry operations. General Plan EIR Chapter VII Alternatives and Other CEQA Considerations Page VII -10 Section 5 Alternatives to the Proposed Project According to Section 15126.6 of the State CEQA Guidelines an Environmental Impact Report (EIR) shall describe a reasonable range of alternatives to the project, or to the location of the project, which could feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives. In evaluating the various alternatives the EIR shall include sufficient information about each alternative to allow meaningful evaluation, analysis and comparison with the proposed project. If the environmentally superior alternative is the no project alternative, the EIR must identify an environmentally superior alternative among the other alternatives. The following comprehensive discussion of the alternatives complies with CEQA's directive. It compares the proposed project with other alternatives considered, evaluates all the alternatives and provides sufficient information relative to the various alternatives to understand the environmental implications associated with each alternative. The range of alternatives considered are as follows: The No Project Alternative --- the No Project Alternative assumes that Cupertino does not update its general plan and continues to operate and make land use decisions based on the existing General Plan. The Administrative Plan Alternative— would provide for slightly less growth in the commercial and office/industrial square footage, but does provide for greater residential growth than any of the other alternatives. Because this alternative is more intense than the other alternatives, it would have a greater impact on the environment. Proposed Project: The project subject of this EIR is Cupertino's General Plan as recommended by General Plan Task Force. The General Plan is a comprehensive, long-term policy document that guides the evolution of the community and reflects the community's vision as to how it would like to develop, generally over the next 10 to 20 years into the future. The State of California requires that all Cities prepare and adopt a General Plan documenting its decisions concerning the future of the community. The General Plan serves as the basis for land use decisions, and it also serves to inform and provide the local citizens opportunities to participate in the local decision-making process. The City of Cupertino is presently operating under the General Plan adopted in 1993. The Project (The General Plan Task Force Alternative) is very similar to the existing General Plan but provides for less growth in the office/industrial category. It is less intense than the other alternatives, consequently, it is the least harmful to the existing environmental conditions. Objectives of the Proposed Project: The Proposed Project is being undertaken to accomplish the following objectives: 1) To update the General Plan which has not been updated since 1993. 2) To develop a new General Plan which addresses a new vision for the community sensitive to the present environmental conditions and responsive to the concerns of the citizens of the community. Toward that end, the proposed General Plan includes policies that address the preservation of the quality of life by protecting the environmental resources, infrastructure, essential services and the residential neighborhoods, while balancing development and economic growth. Description of Alternatives: In compliance with CEQA. This section of the EIR considers a range of reasonable alternatives that could feasibly attain the basic objectives of the proposed project. It also evaluates the comparative merits of the alternatives, as required by CEQA. The alternatives considered in this EIR are as follows: The No Project Alternative (The Current Plan) and Administrative Plan. Table 5-A below compares the various alternatives. Other alternatives were considered were considered but discarded as infeasible. The No Project Alternative (Existing General Plan): The No Project Alternative assumes that the City of Cupertino does not adopt its updated General Plan. The effect of this action would be that the City would continue to function under the current General Plan, and its existing policies would continue to guide General Plan EIR Chapter VII Alternatives and Other CEQA Considerations Page VII -11 land use decisions.. Under this alternative development consistent with the :existing General Plan would result in the development of 1,113,574` square feet of additional commercial space, 1,102,688 square feet of additional office/industrialspace, 2,337additional residential units and 616 additional hotel rooms. Polices relative to density, mixed-use and building height would remain in effect, and new innovative policies designed to mitigate potential adverse impacts contained in the proposed General" Planwould not be implemented. Administrative Draft Alternative: Development under this alternative is residentially oriented. This alternative would allow a significant higher amount of growth in the residential land use category. Development consistent with this alternative would result in the development of 4,615 additional, residential units, 856,710 square feet of additional commercial space, 994,693 square feet of additional office/industrial space and 1167 additional hotel rooms. Under this alternative there would some reduction in the building heights and the policies `relative to development standards incorporated into this alternative would be consistent with those of the proposed project. Fable VII -A Matrix -Of Proposed alternatives Land Use Category Existing Conditions. Proposed General Plan Existing General. Plan. _Administrative Draft Commercial (Sq. Ft.) 3,317,426 4,431,000 4,431,000 4,174,136 Office/Industrial (Sq. Ft.) 8,325,312 9,320,005 9,428,000 9,320,005 Residential (DW./Units) 20,032 22,369 22,369 24,647 Hotel Rooms 411 1,429* 1,027 1,578 Source: City of Cupertino Comrriuruty Development Department *those in the pipeline plus the Vallco potential Potential. ]Environmental Effects of Alternatives: The following discussion describes the potential environmental effects associated .with the implementation of each of the alternatives and :compares, alternatives considered. Land Use No Project Alternative (Existing General Plan): The No Project Alternative reflects the status quo. Under the No Project Alternative, development would occur in accordance with the policies of the current General Plan. New development would reflect the existing land use pattern, as policies regarding land use, densities and building heights would remain unchanged. New innovative land use policies incorporated in the proposed General.Plan would not become effective. .Potential commercial and office/industrial growth under the No Project Alternative would increase urbanization, of. the valley floor and exert -pressure for increased housing development in the peripheral neighborhoods, including the hillside areas. Development consistent with the No Project Alternative would increase demands for public services,, utilities, the existing infrastructure and natural resources, but they would,,not be significantly different ;than under the proposed General Plan. there would increase traffic volumes `on'the local -streets, and .new housing development would increase demands on the local school districts. Administrative Draft Alternative: Development ..under this alternative is residentially oriented. This alternative would allow . a significant higher ' amount . of growth in the residential land use category. Development consistent with this alternative , would`, result in the development of 4,615 additional residential units. Commercial and office/development would be less than under the No Project' Alternative. General Plan EIR Chapter VII Alternatives and Other CEQA Considerations Page VII -12 Because both commercial and office/Industrial land use development under this alternative is slightly less than the proposed General Plan it would have a lesser effect on the office/industrial areas. However, because it proposes nearly twice as many housing units than proposed under the proposed General Plan, this alternative would have a greater impact on public services, utilities, the existing infrastructure and the natural resources, residential uses generally make greater demands on public services. Because of the housing emphasis of this alternative, it would potentially have greater traffic impacts on the neighborhood streets and the local school districts. This alternative would also exert greater pressure for new development in the hillside areas Circulation Circulation: A comparison of the trip generation of the proposed General Plan with the No Project Alternative and with the Administrative Draft alternative is shown in Table X -X. The Administrative Draft Alternative would generate about 3. 5% more trips than the proposed General Plan and about 2.8% more trips than the No Project Alternative. The traffic impacts of the proposed General Plan and the No Project Alternative would be slightly less than the impact of the Administrative Draft Alternative. Table VII B Comparison of Alternatives Trip Generation Year 2020 Afternoon Peak Hour Trips Proposed No Project Administrative Land Use General Plan Existing Plan Draft Commercial 14,200 14,200 14,100 Office/ Industrial 15,000 15,500 15,000 Residential 17,900 17,900 19,700 Hotel 600 400 600 Total Trip Generation 47,700 48,000 49,400 Totals Compared to - 3.5% -2.8% Administrative Draft Source: Planning Resource Associates Potential Environmental Effects of the Alternatives: The impact of the Administrative Draft Alternative was described in the Circulation Impact chapter above. There are just two traffic impacts on the Administrative Draft Alternative identified above. Two intersections are projected to not meet the LOS policy standards proposed in the General Plan in the year 2020 unless additional capacity is provided. These are De Anza Boulevard at Homestead Road and Stelling Road at McClellan Road. The addition of a separate westbound right turn lane at the former and a separate eastbound right turn lane at the latter would provide adequate capacity so that both intersections would operate satisfactorily under future year traffic loads. There are no other significant adverse impact at the intersections and no adverse impacts on the freeway system identified for the build -out of the Administrative Draft Alternative. The impact of the No Project Alternative would be slightly less than that of the Administrative Draft Alternative and, as described above, the impact of the proposed General Plan would also be slightly less than the impact of the Administrative Draft Alternative. In summary, the impacts of all alternatives would be fully mitigated by the intersection capacity improvements recommended to mitigate the effects of the Administrative Draft Alternative. General Plan EIR Chapter VII Alternatives and Other CEQA Considerations Page VII -13 Open Space, Parks and Trails No Project Alternative (Existing General Plan): Potential population growth (both resident and employee) under the No Project Alternative would create new demands on the existing open space,. parks and trails. However, these demands would not be significantly greater than those associated with the proposed General Plan, but less than under the Administrative Draft' Altemative because of the additional residential growth. Administrative Draft Alternative: This is a residentially oriented alternative. It would 'allow a significant higher, amount of growth in the residentialland use category. Development consistent with this alternative would result in the development of 4,615 additional residential units, which are approximately twice as many, units than proposed under the proposed General Plan." Residential uses generally make greater demands on public services `than other uses. New residential development may generate new demands for small parks and recreational'facilities within walking distance' Visual/Aesthetic Qualities No .Project Alternative (Existing General Plan):: Under the No Project Alternative land would be developed in accordance with the policies of the current General Plan. Development standards would remain the same. Building heights, unit 'densities ` and floor area ratios would remain the same, which are slightly higher than those of the proposed General 'Plan. New developmentwould reflect the existing development standards. This alternative would not significantly alter the present character ' of the community, but infill development could reduce existing open vistas Iand make the skyline appear more intense. - Administrative Draft Alternative: Development under thisalternative would occur under new standards, which include lower building heights. This decrease in height will affect the visual character of the community. Floor area ratios for new. developments may have. higher land coverage to achieve the floor area ratio allowed for properties. The effect would be a community of a'lower profile skyline* and possibly less open space for landscaping or other amenities. Because this alternative still propose building heights greater than those under the proposed General Plan, the resulting appearance of the City skyline would still have a higher profile that would be achieved under the proposed General Plan. Air Quality No Project Alternative (Existing General Plan); Site preparation activities such as grading, soil excavation and heavy construction equipment operation associated with the construction of developments consistent with the No Project Alternative could Igenerate dust emissions that could result in temporary increases in localized PMio [Fine particulate matter (solid or,liquid) with an aerodynamic' diameter equal to or less that 10 microns] emissions. This is a potential significant impact, but could be reduce to less than significant with the implementation of appropriate . mitigation imeasures. Increased vehicular traffic from potential growth consistent with the No Project Alternative could increase the CO levels at major intersections. This potential impacts "would be similar to 'those resulting from activities associated' with developments occurring under the proposed General'Plan. Administrative Draft Alternative: Potential air, quality impacts resulting from construction activities associated with development under the Administrative Draft Alternative would be similar to those resulting from development under the proposed General Plan.:; These could be potentially significant impacts that can be mitigated with appropriate mitigation measures. Similarly, Increased vehicular traffic from potential growth consistent with this alternative could increase the CO levels at major intersections. General Plan EIR Chapter VII Alternatives and Other CEQA Considerations Page VII -14 Public Services and Utilities No Project Alternative (Existing General Plan): Demands on public services and utilities from the No Project Alternative would not be significantly greater than those that would be generated by developments resulting from the implementation of the proposed General Plan or the Administrative Draft Alternative. The existing sewer lines presently running at/or over capacity would have to upgraded to accommodate future development in those areas where these lines are located. Other demands on public services and utilities can be met. Administrative Draft Alternative: Although commercial square footage allowed under the Administrative Draft Alternative is less that under the proposed General Plan, this alternative would allow a higher number of residential units to be developed. It is generally recognized that residential uses generate greater demands on public services. It may, therefore, that this alternative may generate slightly higher demands for public services and utilities than those resulting from the proposed General Plan. As with the proposed Plan, the existing sewer lines presently running at/or over capacity would have to upgraded to accommodate future development in those areas affected by these lines. Other demands on public services and utilities can be met. Wildlife and Vegetation No Project Alternative (Existing General Plan :Further development of the hillsides consistent with the No Project Alternative could have a potentially significant effect on the existing wildlife and natural vegetation. Clearing of the sites for new residential development in the hillside foothills would require removal of the natural vegetation. The removal of the natural vegetation and the intrusion of man-made structures could displace significant amounts of the wildlife habitat. Protective policies have been incorporated in the proposed General Plan to minimize impacts from potential development in the hillsides. Administrative Draft Alternative: The Administrative Draft Alternative residentially oriented, as it allows more residential units than the proposed General Plan. This could increase demands for further development of the hillsides areas. However , under this alternative, as with the proposed General Plan, there would be policies that to protect and to minimize impacts from potential development in the hillsides Noise No Project Alternative (Existing General Plan): Noise impacts associated with the No Project Alternative would be similar but somewhat more intense than the proposed General Plan. There would be temporary noise impacts associated with construction activities of developments consistent with the existing general plan. This temporary impacts will raise the ambient noise for the duration of the construction period. Upon completion of the construction activities, the ambient noise levels should return to normal. However, there may be some residual increase associated with the traffic from the additional development consistent with the No Project Alternative. Administrative Draft Alternative: Noise impacts associated with the Administrative Draft Alternative would be similar to those associated with the proposed General Plan, but somewhat less intense than those associated with the No Project Alternative because of the reduction in square footage in the office/industrial land use category. As with the proposed General Plan and the No Project Alternative, there would be temporary noise impacts associated with construction activities resulting from developments consistent with the Administrative Draft Alternative. This temporary impacts will raise the ambient noise for the duration of the construction period. Upon completion of the construction activities, the ambient noise levels should return to normal. This alternative may also create some residual increase associated with the traffic from the additional development. General Plan EIR Chapter VII Alternatives and Other CEQA Considerations Page VII -15 Geology and Seismicity No Project Alternative (Existing General Plan): A probability exists that the project area will be subjected to strong ground shaking during an earthquake. Severe City-wide ground shaking during an earthquake: along one of the existing local or regional faults could cause structural as well as nonstructural damage to existing andprospective developments associated with the No Project Alternative. The effect of such occurrence would similar to the proposed project. However, because of the reduced square footage in the office/industrial land use category; the effect of such occurrence would be slightly.less. Administrative Draft Alternative: Development associated with the Administrative,Draft Alternative would sustain effects similar to those that_ would be incurred by development under the No Project Alternative ` or the proposed * General Plan. However, because of the reduced square footage in office/industrial land use category, impacts iii these areas would be similar to the to those`incurred by development consistent with the proposed General Plan, but slightly less than those associated with the No Project Alternative. Conversely, the Administrative Draft Alternative proposes 'development of more residential units. Therefore, the potential impacts may be greater in the residential areas than would be under the No Project Alternative or under the proposed General Plan. Floods, Drainage and Water Quality No Project Alternative (Existing General Plan): Development occurring under the No Project Alternative could be affected by potential impacts resulting from surface runoff. Increased development associated with the No Project Alternative could contribute to the runoff by increasing the ground coverage with impervious surfaces. :,Increased development under.the No Project Alternative could"also contribute to the degradation of the water quality. These potential impacts would be slightly less on the ;proposed General Plan because of the reduction in``square footage in the office/industrial land use category. AdministrativeDraftAlternative: Potential floods, drainage and water quality impacts would be similar for this alternative. However, because of the increased residential development potential under this alternative, the probability, of impacts on the residential areas may slightly higher. Population, Housing and Jobs No Project Alternative (Existing General Plan): Under the No Project Alternative land would be developed in accordance with the ;policies of the current General Plan. :The current General Plan would allow development of additional commercial and office/industrial square footage that will generate new jobs. ABAG's<projections indicate that by the year 2020 the number of jobs in Cupertino would have increased by 20% ABAG also projects that Cupertino's, population will grow from 50,546 to 66,400 by the year 2020. This projected growth will have a detrimental effect on the existing environmental conditions. The increase in population will contribute to the degradation of the existing local traffic conditions, possible degradation of the air quality, increase the ambient noise levels, exert pressure on the housing market and also make greater demands on public services. The Administrative Draft 'Alternative proposes less commercial square footage but more residential development; but its effects would be'similar to those of the No Project Alternative Administrative Draft Alternative: Development under this alternative is residentially oriented. This alternative would allow a significant higher amount of growth in the residential land use category but slightly less commercial than the No Project Alternative. Development consistent with this alternative would result in. the development of 4,615 additional residential units. Under this alternative there would` some reduction in the building heights and the policies relative to development standards incorporated into this alternative would be consistent with those of the proposed Project. General Plan EIR Chapter VII Alternatives and Other CEQA Considerations Page VII -16 Hazardous Materials No Project Alternative (Existing General Plan): Additional development under the No Project Alternative may increase the use of hazardous material in production processes. Demolition of existing buildings and excavation operations for new construction could also expose workers to hazardous materials. These conditions would be similar for the proposed Project and the Administrative Draft Alternative. However, there are existing codes and ordinances that control the use and storage of hazardous materials. There are policies incorporated into the proposed General Plan that will help mitigate impacts from hazardous materials. Administrative Draft Alternative: Potential impacts from hazardous material would similar for the Administrative Draft Alternative as for the No Project Alternative and the proposed Project. Mitigation of these potential impacts can be addressed by the existing codes, ordinances and policies incorporated into the General Plan. Historical and Cultural Resources No Project Alternative (Existing General Plan): Construction activities associated with new development consistent with the No Project Alternative could disturb potentially valuable archaeological deposits or paleontological resources. New construction could also affect existing historical building and/or sites. Construction activities associated with the proposed Project would have similar impacts on the historical and cultural resources Administrative Draft Alternative: Potential impacts on historical and cultural resources resulting from the implementation of the Administrative Draft Alternative would be similar to those associated with the No Project Alternative and the proposed Project. Mitigation measures incorporated into the proposed Project would reduce the potential impacts to less than significant. Energy No Project Alternative (Existing General Plan): Development allowed under the No Project Alternative could result in expansions of existing commercial uses or construction of new commercial retail, office/industrial, hotels, commercial recreational buildings, restaurants and both single family residential structures and multiple residential structures. Construction of new buildings will increase energy consumption, as they would require natural gas for heating and air conditioning and electricity for lighting. In addition, new development will generate a substantial number of additional daily auto trips. This increase in automobile trip generation would intensify the demand for additional fuels. Energy consumption under the proposed Project or the Administrative Draft Alternative would not be significantly different. Existing State and local codes and ordinances will help reduce energy consumption, and policies incorporated into the proposed Project will further help reduce energy consumption. Administrative Draft Alternative: Energy consumption resulting from the Administrative Draft Alternative is similar to those of the No Project Alternative and the proposed Project. Application of the State and local codes and ordinances, and implementation of the proposed policies would effectively reduce energy consumption. Mineral Resources No Project Alternative (Existing General Plan): There are two active mineral resource areas located within the City of Cupertino Sphere of Influence, but the County of Santa Clara has regulatory jurisdiction over them. The operation of the active mineral resource sites is of great concern to the citizens of Cupertino. The existing operations generate pollutants into the air with the potential of degrading the air quality and raising the ambient noise levels. Truck traffic associated with the operations of the quarry General Plan EIR ,Chapter VII Alternatives and Other CEQA Considerations Page VII -17 traversing local roads are also a source of both air and noise pollution, and also affect the local traffic conditions. The potential impacts from these mineral resource areas on the No Project Alternative would be the same as for the proposed Project. Administrative Draft Alternative: Potential impacts associated with operation of the Hanson Permanente and Stevens Creek mineral resource areas would essentially the same as would be for the Not Project Alternative and the proposed Project. 16. Consistency with Existing Plans No Project Alternative (Existing General Plan): Under the No Project Alternative the existing inconsistencies' of the current General ''Plan with the Santa Clara County would continue to exist. The proposed Project will also be inconsistent with Santa Clara County's policies regarding the operation of the mineral resources. Administrative Draft Alternative: Inconsistencies under the Administrative Draft Alternative would similar to the inconsistencies of the proposedProject. Conclusion: The No Project Alternative would perpetuate the status quo. ,Land use decisions would continue to be made in accordance with the present policies. Implementation of :the No Project Alternative would be unresponsive to the concerns of those citizens who have expressed desires for change in the present land use policies at this time) to recognize' the existing environmental conditions. Continued operation under the .existing General Plan would also negate the application of new innovative policies designed to mitigate potential environmental impacts; to improve::the general character of the community, its visual dualities .and traffic circulation throughout the City. The No Project Alternative would allow more office/industrial square footage to be developed, but the incremental impacts resulting from this additional, development would -not .be significant._.',r.' The `:proposed Project would be considered the environmentally superior alternative. It;provides for lessgrowthin the office/industrial land use category than ;the existing general plan, and its potential environmental impacts would be of a lesser degree than any of the two-: alternatives. , Implementation of the Project Alternative would also include implementation of new land use policies; building height reduction,. designed to mitigate potential environmental impacts resulting from new development: The Administrative Draft :Alternative isnot significantly different than the proposed Project.; It provides for 4,615 more -housing units` than both the No Project Alternative and the proposed Project. It also provides for a greater number of'hotel rooms. to be developed.. The potential environmental impacts resulting from the implementation of, this alternative would not, be significantly different than those associated with. proposed Project. - However because of the residential element of this alternative, it may exert more pressure on the residential neighborhoods and more pressure for the development - of the hillsides. Like the proposed Project this alternative includes_ policies to mitigate potential impacts, including reduction in building heights. General Plan EIR Chapter VII Alternatives and Other CEQA Considerations Page VII -18 Section 6 Effects Not Found to be Significant Section 15128 of the State CEQA Guidelines require that the EIR contain a brief statement indicating the reasons why various possible significant effects of the proposed project were determined not to be significant. Based on the analysis of the potential project impacts contained in Chapter VI of this report, it has been determined that the proposed project would have no effect significant effect or that the potential effect of the project would be less than significant on the following areas: • Land Use. Implementation of the policies, programs and strategies incorporated into the proposed General Plan and those mitigation measures recommended by this Draft EIR would reduce the potential impacts to less than significant levels. • Visual/Aesthetics. Implementation of the policies, programs and strategies incorporated into the proposed General Plan and those mitigation measures recommended by this Draft EIR would reduce the potential impacts to less than significant levels. • Floods, Drainage and Water Quality. Implementation of the policies, programs and strategies incorporated into the proposed General Plan would reduce the potential impacts to less than significant levels. • Population, Housing and Jobs. Implementation of the policies, programs and strategies incorporated into the proposed General Plan would reduce the potential impacts to less than significant levels. • Circulation. , Implementation of the recommended capacity improvements will mitigate potential impacts to less than significant levels. See Section 2 of Chapter VI of this Report. • Open Space, Parks and Trails. Implementation of the General Plan Policies will mitigate the potential impacts to less than significant levels. See Section 3 in Chapter VI of this report. • Air Quality. Potential growth under the proposed General Plan is less than under the existing plan. In addition, policies have been incorporated into the General Plan to mitigate potential air quality impacts and reduce them to less than significant levels. See Section 5 in Chapter VI of this report. • Public Services. Services will continue to be provided without the necessity of expanding or constructing new facilities. Implementation of conservation measures will reduce the potential impacts to less than significant levels. • Wildelife and Vegetation. Implementation of the existing codes ordinances and policies incorporated into the General Plan will reduce the potential impacts to less than significant levels. • Noise. Noise contour maps prepared for the present conditions (year 2000) and future conditions (year 2020) indicate only a slight increase in noise levels. See maps on pages 6-37 and 6-38 of the General Plan. • Geology and Seismicity. Conformance with local Codes and Ordinances and State regulations will reduce the potential impact to less than significant levels. General Plan EIR Chapter VII Alternatives and Other CEQA Considerations P Q Page VII -19 ® Hazardous Materials. Implementation of the policies incorporated into the General Plan and compliance with the Federal, State, County and City regulations will reduce the potential hazards to less than significant levels. ® Historical and, Cultural Resources. Implementation of the policies incorporated into the General Plan and compliance with City Ordinances will mitigate potential impacts to less significant, levels. ® Energy. Compliance with State requirements (Title 22 and Title 24) and implementation of the Policies incorporated into the General Plan will reduce potential impacts to less than significant levels. ® Mineral Resources. The two active mineral resource sites within the area are under the jurisdiction of the County, of Santa Clara. Working closely with the County to ensure that the operation do not - impact Cupertino to any significant extent and implementation of the policies iicorporated into the General Plan will reduce the potential impacts to less than significant levels: General Plan EIR Chapter VII Alternatives and Other CEQA Considerations Page VII -20 Section 7 Cumulative Impacts Section 15355 of the State CEQA Guidelines defines cumulative impacts as " two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts." An analysis of cumulative impacts requires either a list of past, present and reasonably anticipated projects, or a summary of projections contained in adopted general plan or related planning document or a prior environmental document which has been adopted or certified, which described or evaluated regional or area -wide conditions contributing to the cumulative impact. Any such planning document shall be referenced and made available to the public at a location specified by the lead agency. For the purpose of this cumulative impact analysis the City of Cupertino and the contiguous areas of adjacent cities constitute the cumulative scenario. It is within this area that any activities associated with the implementation of the proposed General Plan could spill over. The cumulative impact analysis within this environment is based on the employment and housing growth expected to occur as a direct or indirect result of the implementation of the Cupertino General Plan, as compared to the overall growth projected in this region of Santa Clara County as forecast by the Association of Bay Area Governments (ABAG). The Association of Bay Area Governments (ABAG) projects that Santa Clara County's population will grow from its present 1,755.300 persons to 2,016,700 persons over the next 20 years'. This constitutes a net gain in population of 261,400 persons for the entire County. Similarly, ABAG projects that the population of the City of Cupertino will grown from its present 50,546 persons to 66,400 persons during the same time period. These projections reflect a net growth of 15,854 persons or 6% of the County's total growth over the 20 -year period. Growth under the proposed General Plan would be less than that which could occur under the existing General Plan. The EIR prepared for the 1993 General Plan Amendment (SCH 991033064) and certified pursuant to. CEQA analyzed the cumulative impacts in detail. Both the existing General Plan and the EIR prepared for that document are hereby adopted by reference pursuant to Section 15150 of the State CEQA Guidelines. Copies of these documents are available at the offices of the Department of Community Development of the City of Cupertino. 1. Technical Document of Housing Element 2001 - 2006 ■ Chapter IX Squrces, References, agencies, Organizations and Individuals Contacted Bay Area Air Quality Management District Guidelines City of Cupertino Piasecki, Steve, A1CP, Community Development Director Wordell, Ciddy, AICP, City Planner Gilli„Peter, Senior Planner City of Cupertino, General Plan, 1993 City of Cupertino, Environmental Impact Report for the General Plan Amendment, 1993 City of Cupertino,. Technical Report for the Housing Element of the General Plan, 2001. City of Cupertino; Mitigated Negative Declaration prepared for the Housing Element of the General Plan, 2001. CupertinoSanitary District Ross David, Mark Thomas & Co, Cupertino Union School District Hausman Rich Shurr, Sonja Santa Clara County Fire Department, Business Plan, 1998 — 2003 Hokanson, Wayne A, Deputy Fire Marshall Jarvis, Don Santa Clara Valley Water District Richardson, Melanie Talley, Randy Hayes, Elizabeth Santa Clara Sheriff Department, West Valley Station Shervigton, Skip, Sergeant San Jose Water Company Akasino, Michael RESOLUTION NO. 05-194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING A COMPREHENSIVE AMENDMENT OF THE LAND USE, HOUSING, CIRCULATION, ENVIRONMENTAL RESOURCES, AND HEALTH AND SAFETY ELEMENTS OF THE CITY OF CUPERTINO GENERAL PLAN WHEREAS, the City Council has held public hearings and considered public testimony from citizens, and from representatives from other public agencies and interested groups; and WHEREAS, the City Council considered the Environmental Impact Report that evaluated the potential significant impacts that the General Plan amendment may have on the environment; and WHEREAS, said Environmental Impact Report reflects the independent judgment of the City Council; and WHEREAS, the City Council determined that certain potential environmental effects resulting from adoption of the project may cause a significant effect upon the environment, but that changes have been incorporated into the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. WHEREAS, the City Council determined that the housing element substantially complies with Section 65583 of the Government Code finding that: 1) Adequate sites are provided to meet regional needs; and 2) Opportunities for affordable housing are provided through higher density housing sites in the urban core area; WHEREAS, the City Council adopted City Council Resolution No. 05-193 certifying the Environmental Impact Report to be complete and in compliance with the California Environmental Quality Act and the CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED: That the City Council hereby adopts the General Plan entitled "Task Force Draft General Plan September 2004" and Changes (Exhibit A). PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on this 15th day of November, 2005 by the following vote: Vote AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk Members of the City Council Kwok, Lowenthal, Sandoval, Wang, James None None None City of Cupertino EXHIBIT A LAND USE AND COMMUNITY DESIGN CHANGE NEEDED NOTE 1. Page 2-12 Change Figure 2-1) to conform to the height NO ACTION NEEDED HERE. SEE changes recommended. for each Special HEIGHT CHANGES FOR EACH Center (see below). SPECIAL CENTER 2. Policy 2-12, Page 2-10 Change as shown below: Actively pursue the CONSENT The reference to annexation of small annexation of unincorporated ids unincorporated islands is out of date properties within the City's urban service area, including the Creston neighborhoods, which will be annexed on a parcel -by -parcel basis with new development- and-e4ther remaining small, unincorporated islands will be annexed as determined by the Qj3r Council. LAND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 3. Policy 2-13, Page 2-11 Add Strategies 5 and 6: APPROVED 6/15/05 Add two strategies. Strategy 5e Multi -Family Residential MODIFIED FI[EED 6/23/05 Floor Area Ratios Ensure that the floor area ratios of multi- family residential developments are compatible�with similar buildings in the surrounding area. Include a mix of unit types and sizes, and avoid a preponderance of excessively large units. Strategy 6. Ordinance Revision Revise the Planned Development and R-3 ordinances to reflect the intent of Strategy 5. 4. Policy 2-16, Page 2-14 Add Strategy 3: APPROVED 6/15/05 Add a strategy. Transition Neighborhoods MODIFIED 6/23/05 Recognize that some neighborhoods are 'in transition, and added flexibility for new residences will be considered. 5. Policy 2-17, Page 2-15 Streetscape Add Strategy 7: APPROVED 6/28/05 Design Street Signs: When replacement is Add a strategy required, install new street signs at major intersections that promote Cupertino community identity, such as using the morion logo on the sign. Retain the standard font size of the street naBne to ensure readabilit ° . , b. Page 2-17 Change Table 27Aas shown on the SEE TABLE 2-A follo Wig page. TABL1E 2A 2005 Built includes approved and committed development *Estimate **125,000 square feet committed to the HP campus through a Development Agreement was added to this column 6/13/05 G:public folder/ciddy/TABLUA-2004 6-14-05 REVISED 6/28/05 COMMERCIAL (SO. Fr.) OFFICE (SO. . F'r. HOTEl,®OMS RES. 2000 Built 2005 Built Buildout 2000 Built 2005 Built Buildout 2000 Built 2005 Built Buildout 2000 2005 Addt'1 Built Built Potential Buildout NEIGHBORHOODS Monta Vista 88,816 88,816 99,698 416,557 417,626 456,210 760 815 87 902 Oak Valley 178 178 0 178 Fair ave 220 220 0 220 Other Areas 17,376 17,576* 200 17,776 COMMERCIAL CENTERS Heart of the City 1,182,456 1,194,164 1,476,115 510,531 510,531 521,987 238 354 216 570 Vallco Park 1,110,700 South 1,652,150 1,902,564 708,057 708,057 708,057 764 (D.A. 764 311 400 711 Homestead 238,735 Road 238,735 193,678 69,550 69,550 69,550 126 126 126 484 484 300 784 Other Areas 1 494,576 t 496,401 1 495,415 1 268,735 1 268,735 1 250,604 6 1 300 306 EMPLOYMENT -CENTERS North De Anza Blvd. 44,979 36,505 51,372 2,048,021 2,048,021 2,266,206 46 100 146 City Center 29,358 61,308 79,011 1,032,072 1,050,227 1,050, 227 224 224 219 556 100 656 Vallco ' Park North , 127,806 127,806 133,147 2,843,144 2,968,144 3,069,676 315 315 315 551 551 300 851 Bubb Road 428,645 428,645 444,435 94 94 Other Areas 100 100 Citywide 3,317,426 3,895,885 4,431,000 8,325,312 8,344,536 8,836,952 441 1,429 1,429 20,032 21,097 2,197 239294. Citywide (rounded to nearest thousand 3,317,000 4,431,000 8,325,0110 8,840.000 2005 Built includes approved and committed development *Estimate **125,000 square feet committed to the HP campus through a Development Agreement was added to this column 6/13/05 G:public folder/ciddy/TABLUA-2004 6-14-05 REVISED 6/28/05 4 LAND USE AND COMMUNITY NITY CHANGE NEEDED NOT E DESIGN 7. Policy 2.20, strategy 2, Page 2-17 Delete this strategy if the intent is not to DELETE STRATEGY GY 2e A strategy to allow floor area ratios to allow floor area ratios to be exceeded: See Hot Topic Flag LU -2 for be exceeded may be in conflict with Floor area ratios for non-residential uses additional discussion of this issue. other references that do not allow them may be exceeded through the to be exceeded. development review process using established criteria for evaluating projects... New 7. Policy 2-20, new strategy 2, Major companies. Prioritize expansion of Recommended by staff .August 16, Page 2-17 office space for existing major companies in 2005 in response to City Council Cupertino. Retain a pool of 150,000 square questions regarding the reduction of feet to be drawn down by companies with office square footage and providing 1,500+ employees or companies with City assurance that major companies corporate headquarters. New office have expansion opportunities. development must demonstrate that the development positively contributes to the fiscal well being of the City. S: Policy 2-21, new strategy 3, Add strategy 3: CONSENT Page 2-21 Merriman -Santa Lucia Neighborhood: This wording is in the current A strategy needs to be added. Allow legally constructed duplexes to remain General Plan and was inadvertently in the area bounded by Santa Lucia Road, left out of the draft General Placa, Alcaide Road and Foothill Boulevard, 9. Policy 2-24, Page 2-222 Monta Vista Change "Development Intensity" as shown .APPROVED 611.3/05 below: alae— n..,, Ratio! 0.15 erdalef€iee. Development intensity shall be determined in conjunction with specific development review. Add Residential: Up to 12 units per acre. Change Building ]Heights from "twe ster „ to 30 feet. W LAND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 10. Page 2-24 Commercial Centers Change the first paragraph as shown APPROVED AS MODIFIED below: 6/13/05 ....General Plan allocations for other MODIFIED 6/23/05 commercial areas des are for local- serving commercial needs. Commercial/residential mixed-use is encouraged in selective commercial areas if the residential units grovide an incentive for retail development and the resultihS development is financially_ beneficial to Cupertino. Active commercial uses such as bookstores coffee shops, restaurants, office supply, furniture and electronic stores are encouraged to locate in Cu ertino. 171. Policy 2-27, Page 2-24 Heart of the Change "Development Activities" as APPROVED AS MODIFIED City shown below: Mixed commercial and residential 6/13/05 development may be allowed if the [Directed staff to reformat Heart of residential unitsrp ovide an incentive to the City, Crossroads and Stevens Creek Boulevard areas so that it's develop retail use if the development is well designed, financially_ beneficial to clearer that the latter two areas are CuRertino, provides community amenities and is a�pedestrian-oriented. sub -areas of Heof the City] Change Development Intensity: ResidentialBuildout: TABLE 2A W 6 LAND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 12. Policy 2-28, Page 2-25 Crossroads Change Development Activities as shown below: ' APPROVED AS MODIFIED 6/13/05 AND .6/28/05 Development along Stevens Creek Boulevard shall have retail uses with storefronts on the ground level. Commercial office uses may be allowed on the second level. Limited residential uses are allowed. Change "Development Intensity" as shown below: A -Y- V-44-- Q 1 K FIE)E)r al . Development intensity shall be determined in conjunction with specific development review. Add Residential Units:; Up to 25 units per acre. Change Building Heights to 45 feet. 13. Policy 2-29, Page 2-27 Stevens Change'.Development Intensity" as shown AIPPROVED 6/1.3/05 Creek Boulevard below: �T�„ Are T�aWie_ (] 15 een m� ,.ay vert al -e 4ee Developmex-Lt intensity shall be determined in conjunction with specific development review. Mixed commercial and: residential development maybe allowed if the residential units provide an incentive to develop retail use, if the development is well designed, financially beneficial to Cupertino, provides commuW _ amenities and is are -pedestrian -oriented. Change Residential to: Up to 25 units per acre. Change:Building Heights to 45 feet. LANDS USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 14. Policy 2-30, Page 2-27 Change policy as shown below:: APPROVED AS MODIFIED `Tallco Park South Retain and enhance Vallco Park South as a large- scale commercial area that is a regional 6/13/05 commercial (including hotel), office. and entertainment center with suDvorting residential development:This area is sp } d ri as a mixed use eenter, but rather;,- hotel, Strategy 1 Master Plan - Prepare a Master Plan for this area to ensure continuity of mass, scale, connectivityand adequacy of infrastructure and chools. services, includingschools Strategy 2 Continue the Vallco Parkway streetscape, which was approved as hart of the Vallco Rosebowl mixed-use development, along the entire Parkway. Change "Development Intensity" as. shown below: 1-1—or—Ar—ea n l; 0.15 l/ �— ef#-ice—.Development intensity shall be determined in conjunction with specific development review. Mixed commercial and residential development MODIFIED 6/23/05 may be allowed if the residential unitaXrovide an incentive to develop retail use, if the development is weR designed financially beneficial to _. Cupertino provides community amenities and is gje=pedestrian-oriented. Residential: Up to 35 units per acre. Residential Buildout: Table 2A Change Building Heights to 60 feet if mixed use and 45 feet if not mixed-use. LAND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 15. Policy 2-31, Page 2-28 Homestead Change "Development Intensity" as shown APPROVED 6/13/05 Road below: Ut,.,.. e T..e ra. de! 0.1& MODIFIED 6/23/05 , . Development intensity shall be determined in conjunction with specific development review. Mixed commercial and residentialdevelopment nay be allowed if the residential units provide an incentive to develop retail use, if the development is well desig ed, financially beneficial to Cgpertino, provides community amenities and is -pedestrian.-oriented. Residential buildout: See Table 2A Change Building Heights to 45 feet 16. Policy 2-32, Page 2-29 Remainder "'Development Intensity" as shown below: T CONSENT of Neighborhood Commercial Areas Floor ,are natio- . Development intensity shall be determined in conjunction with specific development review. Mixed commercial and residential development , maybe allowed if the residential units provide an incentive to develop retail use, if the development is well designed, financially beneficial to Cupertino, provides community amenities and:is are- edestrian-oriented,' 9 .AND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 17. Policy 2-33, Page 2-30 North De Modify Development Activities: Office, CONSENT - Anza Boulevard industrial, research and development with The City Council previously supporting commercial and residential uses. requested that the Development New r." 14_-_1_____4-' ..,. 6-1: , a , a ue Activities reference be deleted, and nnn , at vEB it was left in inadvertently. space.. Change "Development Intensity" as shown below: . Development MODIFIED 6/23/05 intensity shall be determined in conjunction with specific development review. Mixed PC VOTE 3-2 commercial and residential development may be allowed if the residential units provide an incentive to develop retail use if the develo ment is well desi ed financiall beneficial to Cupertino, provides community amenities and is are -pedestrian -oriented. The Apple Computer cans: us shall not have a residential component. Residential Buildout: Table 2A Change Building Hei hts to 45 feet f 10 LAND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 18. Policy 2-34, Page 2-31 City Center Change "Development Intensity„ as shown CONSENT below: rtr,>.,. A ---Ratio; 0.15 . Development MODIFIED 6/23/05 intensity shall be determined in conjunction with specific development review. Mixed commercial and residential development ixiay be allowed if the residential units provide an iricentive to develop retail use, if the development is well designed, financially beneficial to Cupertino provides community amenities and is are-pedestrian- oriented..Residential Buildout: TABLE 2A 19. Policy 2-35, Page 2-32 Vallco Park North Change "Development Intensity" as shown below: Hewlett Packard's development agreement CONSENT MODIFIED 6/23/05 locks in the remaining floor area allocated to their property. After the expiration of the development agreement, and for other properties in this area, the development intensity shall be determined: in conjunction with specific development review.. The Hewlett Packard campus shall not have a residential component. Residential Buildout: Table 2A Commission majority: 60 feet, one if mixed use and one office/ ind only Change building heights to 60 feet 11 (LAND 135E AND COMMUNITY DESIGN C ANGE NEEDED NOTE 20. Policy 2-36, Page 2-32 Bubb Road Change "Development Intensity" as shown APPROVED 4/15/05 below: Add Commercial to Bubb Road . 0.15 Eared Use Map Development intensity shall be determined in conjunction with specific development review. Building Heights. 30 feet. 21. Policy 2-38, Page 2-35 Change this policy to read: APPROVED 6/15/05 with Economic Development Use an annexal, 5 -year revenue projection, additional wordings forecast by revenue area, to correspond to Cupertino's current revenue analysis. Include a fiscal analysis of development applications comparing the development proposal with the annual economic development plan, including the fiscal impacts of the development on the city's projected 5 -year revenue stream.. Develop a proactive economic development strategy that links residential development to provision of revenue generating uses such as sales tax offices and retail uses. Create an economic develo�ment staff and budget, 12 (LAND USE AND COMMUNITY CHANCE NEEDED NO'T'E DESIGN 22. New Policy (to follow Policy 2- Conversion of Office/ Industrial Uses to CONSENT 42) Page 2-35 Residential: Evaluate the economic impacts of converting office/ industrial uses to PC VOTE 3-2 residential uses. 23. New 'Text and Policy (to follow See next page: Maintaining Cohesive new policy above) Page 2-35 Commercial Centers and Office Parks 24. Page 2-36 Commercial Change as shown below: CONSENT Development ...Redevelopment funds will be used to 'Text related to Vallco Fashion Park. foster the revitalization of this regional shopping center through mall expansion, infrastructure improvements, economic development programs and provision of very low, low and moderate -income housing, 25. Policy 2-42, Page 2-35 Change as shown below: Recommended by staff August 16, Retail Sales and Office Development . In reviewing office development proposals, 2005 to help ensure the fiscal benefits encourage office uses and activities that of new development. generate significant revenues to the City, such as local sales offices, capturing point of sale internet transactions and business to business tax revenues. New office developmenteXceedins 50,000 square feet shall be approved only if one of these or similar benefits are prbvided. 26. Policy 2-43 Page 2-36 Change as shown below: _ CONSENT Vallco Development Area Facilitate redevelopment in the Vallco Redevelopment Area as a distinctive regional shopping, residential and entertainment center, with hotel uses. 13 MaintaininLr Cohesive Commercial Centers and. Office Parks Cohesive commercial centers and office parks are necessary to maintain a healthy sales tax base for the city and to retain opportunities for existing businesses to expand in response to changing business trends. Cupertino's major retail commercial centers are located at Vallco Fashion Park, The Marketplace and Portal Plaza centers, Cupertino Village, the Oaks and the Crossroads Commercial District; the office parks are located at Vallco (North of Highway 280), North De Anza Boulevard and Bubb Road: Projects with residential or quasi -public components proposed to replace some or all of the existing industrial, office and commercial uses on a site in these areas will be evaluated on a case by case basis to determine if they are complementary to the overall business park or shopping center, or otherwise meet the following criteria: 1) Integrate into the existing land use pattern by: ' 0 Continuing established land use patterns (e.g. commercial next to commercial or residential adjacent to residential) v Continuing patterns of building massing, setbacks and height a Establishing logical development patterns bounded by visible natural or man-made features such as a public or private road, creek, freeways etc. 2) Provide visible pedestria.nibicycle connections to and from existing uses. r 3) Provide a visible and publicly accessible park/plaza or open space area. 4) Orient active building spaces to the public or private rights of way.:` 5) Provide superior building design with high quality natural materials and building architecture. G) Demonstrate there are sufficient existing or supplemental local revenues to support municipal and school services needed to serve the development. r 7) Show that the building is functionally obsolete in a market sense and cannot be reasonably redeveloped or marketed into a compatible use within the surrounding area, or show the existing building/use is no longer complementary to the larger commercial center or office par. 8) Show that the development can reasonably stand alone as a self-sufficient land use that is,otherwise complementary to existing buildings and uses. 9) Show that the residential or quasi -public use provides an incentive to incorporate a significant component of commercial or offices uses on the site. 1 �) ° Deleted 10/4/05 w `n 4 _ I 14 ]LAND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 27. New Policy (to follow Policy 27 Big Box Development: Consider approving CONSENT 44), Page 2-36 bi ' box development if it is compatible with the surrounding area in terms of building mass and traffic: 28. Policy 2-45, Strategy 2 Page 2-37 Change the last sentence in Strategy'2 as CONSENT Hillside Development Standards shown below: Actual lot sizes and development areas will be determined through zoning ordinances, clustering, identification of significant natural. features and geological constraints. 29. Figure 2-G, Page 2-43 Add the Nathan Hall 'Wank House to the CONSENT The Nathan Hall Tank House, Historic Resources leap. The tank house was constructed in the adjacent to Blackberry Farm, needs to late 1800'x. It is currently located on be added to the reap of Historic vacant land. that is part of a Byrne Resources. Avenue development. The Cupertino Historical Society believes that it has historical significance and should be maintained and preserved. 30. Policy 2-63, Strategy 1, Page 2-45 Change Strategy 1 as shown below: APPROVED 6/15/05 Public Art Ordinance. Develop and adopt a Cine- CQ Use current General Plan policy Percent for Art ordinance, which to encourage but not require pudic requires public and private art.10/4/06 development to set aside'1 %o of their total project budget for on-site art. Apply;to projects 50,000 square feet and larger. 15 LAND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 31. Page 2-52, Figure 2-I Change the trails section adjacent to CONSENT Trail Linkages "Rancho San Antonio Park" text from "Future" symbol to. "Existing or Proposed" symbol 32. Page 2-54 Union Pacific Railroad The corridor is designated as a Requested by Richard Lowenthal proposed trail on the Trail Linkages 9/12/05 diagram. Should the railroad: corridor APPROVED 10/4/05 use change, provision for a continuous trail through the corridor must be included in the new use. 33. Policy 2-75, Page 2-55 Add a strategy: CONSENT Park Design VVhere possible, open and restore covered creeks and riparian habitat. 34.. Regnart Creek and West Foothills Change as shown: Changes recommended by the Trails .A comprehensive trail plan for Bicycle and Pedestrian Commission Regnart Creek, as well as one for the are shown in redo 9/6/05 west foothills, would be advantageous, to provide consistent trail designs for DELETE REFERENCES TO future development. REGNART TRAIL 10/4/05 16 LAND USE AND COMMUNITY CHANCE NEEDED NOTE DESIGN 35. Policy 2-70, .Page 2-54 Strategy 2 Change: Strategy 2 as shown below: CONSENT Trail Projects. Implement the trail APPROVED AND MOIDIEIED projects described in this element. 6%15/05 and 6/23/05 A motion to. require 66% ;-4--d,svith trail development neighborhood approval for uiban Tass---- Al-A, —44- .� n�.1-rt� ti h ��l�.a � z.cccc�gica.a�ayaUv'iz trails was defeated.. 2-3. 'p l�9vu eafi—n• YY'M WI..-. u'�M/1lS I/ -M.1Y l,[ 1'T 19-. 111G=117 Changes recommended. by the s u�ite side ]bicycle and. Pedestrian Commission. ,a<,;,�.. �,� Evaluate any safety, security and are shown in redo 9/6/°5 privacy impacts and mitigations p Use the Bicycle and Pedestrian Commission wording.10/4/05 associated with trail development. Work with affected neighborhoods in locating trails. 36. Page 2-55 Add a policy to follow Policy 2-72: CONSENT A new policy is needed to promote a Park Variety: Plan for park uses that Suggested by the Park and Recreation variety of park uses. provide for a variety of recreational Commission. activities. 37. Policy 2-75, Page 2-55 Modify as shown below: CONSENT on Park Design needs to be modified. Design parks to utilize the natural features Recommended by Community and topography of the site and to keep Congress. long-term maintenance costs low. Strategy: Native Plants Maximize the use of native plants and minin-dze water use. 17 LAND USE AND COMMUNM CHANGE NEEDED NOTE DESIGN 38. Table 2-C, Page 2-61 Add areas as shown below: CONSENT This table should be amended to Cali Park plaza, library plaza, City Dori t count toward meeting the 3 incorporate private parks and open Center amphitheater, 3 apt. .5 acre acres/1000 population ratio. Only space areas. areas, private open space in planned include areas that have public access. development such as De Anza Oaks. 39. Policies 2-79 and 2-82, Pages 2-62 Change as shown below: - CONSENT and 2-63 _ Policy 2-77: Acquisition or Dedication These policies are similar and should of Additional Parklands: be combined. Additional parklands are identified and shall be acquired or dedicated in the Rancho Rinconada area, in the Vallco Park area, and in the area north of 1-280 near Stelling. Require dedication when significant new housing units are identified to meet State requirements. Delete Policy 2-82. 40. Policy 2-81, Page 2-62 Change as shown below: CONSENT Some words were omitted from this Provide park and recreational space policy. and facilities for new residential development in the urban core. The need.... 41. Policy 2-83, Page.2=63 Change as shown below: CONSENT One word needs to be deleted. ...tennis courts and w414 work.... 42. LAND USE MAP Revert the proposed hillside land use CONSENT designation for theLindy Lane area See Draft Land Use Map properties to Residential Low 1-5 APPROVED 10/4/05 du/acre HOUSING CHANGE NEEDED NOTE 43. Page 3-4, Programa 1, New Change as shown below: APPROVED AND MODIFIED Construction.. ...After adjusting for housing units already 6/15/05 provided between 1999-2001, the revised estimate. is that adequate sites are needed for 2,325 tants from 2001-2006 or 465 units per year. As the 1 ve 1 y i" Yf �v Nhousing balance "I rt... 4-1-1 ttA 1] --",a I[[9 PC7Qf093II 1_LOL LJ4... fliff . 44. Policy 3-1, Page 3-5 Restore this policy and Household CONSENT Sufficiently Zoned Land for New Income Categories: The. Household Income Categories Construction Need Very Low 378 units " oriinate with the State Department of Low 188 units Housing and Community Moderate 626 units Development and ABAG, and are Above Mod. 1,133 units essential to the certification of TOTAL 2,325 units Cupertino's Housing element. 45. Page 3-6, Program 1 Update these numbers when Planning CONSENT Housing Units by Planning District Commission determines the number of housing units for special centers, and also Residential Potential Outside of Planning Districts, Program 3 46. Policy 3-4, Page 3-10 Change this program to conform to current CONSENT Implementation Program 13 Density state law. Bonus Program 47. Program 15, Page 3-10 Change as shown below if other requests to Residential and Mixed Use add back mixed-use are reinstated: Opportunities In or Near ...the City, will evaluate the possibility of Employment Centers allowing, residential development above; existinga� rlung-areas except where mixed use is herein excluded. 19 HOUSING CHANGE NEEDED NOTE 48. Policy 3-6, Page 3-11 New Implementation Program for Policy APPROVED 6/15/05 Housing Densities 3-6: The Task Force draft eliminated See attached page. Implementation Program 1.7 related to Policy 3-6, Conversion of Commercial Lands to Residential. The Planning Commission approved new language related to conversion, the new language will be associated with the same policy. PC VOTE 3-2 49. Policy 3-6, Page 3-11 The deleted Implementation Program is: APPROVED AND MODIFIED The Task Force deleted an Implementation Program 18: Residential 6/15/05 Implementation Program from the Development Exceeding tvlcaxirmms Administrative Draft. Allow residential developments to exceed planned density maximums if they provide special needs housing and the increase in density will not overburden neighborhood streets or hurt neighborhood character. Time Frame: 2001-2006 Responsible Party: City of Cupertino, Planning Department W I W 20 HOUSING CHANGE NEEDED NOTE 50. Policy 3-9, Page 3-14 Add a strategy: - APPROVED .AND MODIFIED Energy Conservation Evaluate providing incentives, such as 6/15/05 reduced permit costs, for homes that exceed °Title `24 requirements. 51. Program 28, Page 3-14 Change as shown: APPROVED AND MODIFIED Fee Waivers or Reduction for Energy The City will evaluate and implement the 6/15%05 Conservation potential to provide incentives, such as waiving or reducing fees, for energy conservation improvements to residential units(existing or new). 21 CIRCULATION CHANGE NEEDED NOTE 52. Policy 4-2, Page 4-6 TSM Programs Modify text as shown below: Strategy 2: TSM Programs. Encourage TSM programs for employees in both the New wording added 9/6/05 in response to a request for an ordirLance amendment. public and private sectors by including preferred parking for carpools, providing Do NOT INCLUDE A . REFERENCE TO EMPLOYEE bus passes, encouraging compressed workweeks and effer-intmoft CAS 11 HOUT. 10/4/05 ard&A—nee We d4ine the ee 53. Policy 4-3, Strategy 5, Page 4-7 To enhance walking, consider various APPROVED AND MODIFIED miyrovements to roadways to make thein Pedestrian Improvements 6/11.5/05 AND 6/23/05 more pedestrian friendly and less auto-, centric. Where a median is provided, it_ should be wide enough to safely accommodate pedestrians. Streets such as Homestead, Bollinger, Rainbow, Prospect or Stelling should be evaluated for potential improvements for pedestrians. Working with the neighhborhoodt consider reducing residential street widths to promote slower traffic and less pervious surface. 0% CIRCULATION CHANGE NEEDED _ NOTE 54. New Policy (to follow Policy 4-3), Add a new policy. CONSENT Page 4-8 Regional Trail ]development Continue to pian and provide for a Recommended by the Bicycle/ Ped comprehensive.system of trails and Commission (is same as Policy 4-9 in pathways consistent with regional the existing General Plan) systems, including the Bay Trail, Stevens Creek Corridor and Ridge Trail. The General Alignment of the Bay Trail, as shown in the Association of Bay Area Governments' Bay Trail planning document, is incorporated in the General Plan by reference. 55. Policy 4-5, Page 4-13 Modify strategy as shown below: CONSENT 6/23/05 Modify a strategy 3. Allocation of Non-residential This strategy needs to be modified Development. In order to maintain because floor areas ratios were desired level of transportation system -eliminated. capacity, the city's remaining non- _ residential development potenti:al.shallbe pooled and reallocated according to the City's development priority tables as shown in the Land Use Element of this Plana TrunLLtu«ens -fiespreper r authorization By, the,1993 GenembF4an r 23 CIRCULATION :CHANGE NEEDED NOTE 56. Policy 4-5, Page 4-13 Add a new strategy: CONSENT A new strategy is needed to make the 6. Intersection Capacity Improvernents. The Commission added another capacity improvements at the two Make capacity improvements as needed strategy on 6/'15/05 intersections where.needed to maintain to maintain Level of Service policies.- t he Level of Service policy standard. (DeAnza Boulevard, and Homestead Road and Stelling Road at McClellan Road.) 7. Enhanced Level of Service Strive to enhance the intersection Levels of Service where feasible. Planning Commission asked. that 57. Page 4-12 Add to first paragraph: New text It is the intent of this Plan that most pedestrian policies deleted from streets should operate with no more than the Administrative Draft by the a tolerable level of congestion, LOS D. Task Force be brought back Exceptions to this standard in the 4/15/05 Crossroads and at other locations to ensure pedestrians are well served at PC VOTE-. 3-1 intersections are discussed. below. 58. Policy 4-11, Strategy 1, Page 4•-16 Change the requirement to 66%. CONSENT Requiring 60% approval by residents This change is consistent with the on the streets affected by traffic Neighborhood Traffic Management calming measures is not consistent Program practices as implemented with existing City practices. by the Public Works Dept. PC VOTE 4-1 59. 'fable 4-2, Page 4-18 Change as shown below: CONSENT A correction to the Level of Service is De Anza Boulevard at McClellan Road, The change is requested by needed. Existing 2000, Morning -B, CCAfternoon Cupertino s transportation G, C -Projected 2020, Morning B C, consultant. Afternoon D .D+. Stevens Creek Boulevard at SR 85 Southbound lamps, Projected. 2020, Momi r B --C. 24 CIRCULATION CHANGE NEEDED NOTE 60. Page 4-13 Restore Adm. Draft Restore this policy and strategies: APPROVED 6/15/05 Policy 4-6 Traffic Service and Pedestrians (deeds Balance. the needs of pedestrians with desired traffic service. Where necessary and appropriate, allow a lowered LOS Recommended by the (Bicycle/Ped Commission standard to better accommodate pedestrians on major streets and at PC VOTE 4-1 specific intersections. Strategy: APPROVED 10/4/05 Traffic Signal Walk Times. This strategy is described in Policy 4-3. Added time on walk signs would be most appropriate near shopping districts, schools and senior citizen developments. 61. Policy 4-11, Page 4-16 Traffic Change as shown below: CONSENT Calming Piseoufage eralrdng meaaufe .. Install traffic calYniy measures where appropriate to reduce traffic impacts and enhance walkabih . Add Strategy 4: Use V'I'A Pedestrian Technical guidelines in street design, traffic calming and pedestrian crossings. 62. Page 4-18 A change is needed to the description Change as shown below: .--However, assuming roadway capacity CONSENT The change is requested by of "Future Year Traffic Conditions." improvements were provided at the Cupertino's transportation consultant. intersections of De Anza Boulevard at Hom6stead Roact acid Stelling Road: at McClellan Road, the 2020`LOS for major intersections.... 25 ENVIRONMENTAL: RESOURCES CHANGE NEEDED NOTE 63. Policy 5-1, Page 5-2 Add a strategy to Policy 5-1; CONSENT An additional strategy is needed to Strategy 4: Conservation and Efficient The Santa Clara Water District stress water use efficiency. Water Usage. Adopt and implement requested -that the General Plan place programs that promote conservation more emphasis on water use, and efficient water usage. -efficiency.- 64. Policy 5-1, Page 5-2 64. Add a strategy to Policy 5-1: CONSENT A reference to the environmental Strategy 5: Community Gardens. :A City Council member requested benefits of community gardens is Encourage community gardens, that community gardens be requested. which provide -a more livable mentioned in this element. environment by controlling physical factors such as temperature, noise, and pollution. 65. Policy 5-3, Page 5-6 Strategy 1 Modify Policy 5-3 and Strategy 1 as MODIFIED DIFIED 6/28/05 Modify strategy shown below: APPROVED 10/4/05 Green Building Design €seew-agge-Set standards for the design and construction of energy and resource converving% efficient buildings (Green Building Design). . Strategy 1:_ -Green Building Mien Program. Prepare and implement "Green Building" evehiat4en standards for all major private and public projects that ensure reduction in energy consuMgtion for new development through site and buildin desi 26 ENVIRONMENTAL RESOURCES CHANCE NEEDED NOTE 66. Policy 5-4, Page 5-8 Amend policy and add a strategy as APPROVED 6/28/05 Air Pollution Effects of New shown below: Development Minimize the air quality impacts of New Strategy new development projects and the imacts affecting new development. Strategy 4 Environmental Review. Evaluate the relationship of sensitive receptors, such as convalescent hospitals and residential uses, to pollution sources through the environmental assessment of new development. 67_ Policy 5-7, Strategy 2, Page 5-9 Change as shown below: CONSENT A strategy regardigig prohibition of wood. -burning fireplaces needs to be Prohibit the use of wood -burning fireplaces in. new construction, except This needs to be clarified to allow for EPA certified woodstoves. clarified. for Environmental Protection Agency Certified Woodstoves. 27 ENVIRONMENTAL RESOURCES CHANGE NEEDED NOTE -- fig. Page 5-17 Change as shown below: CONSENT The paragraph under "Ground Water The Santa Clara Valley Groundwater sub- The Santa Clara Valley Water District Recharge Facilities" needs -to be basin provides approximately half of the requests this change. replaced. total water demands in Santa Clara County, with an estimated operating capacity of approximately 350,000 acre-feet.` The Santa Clara Valley Water District is the groundwater management agency in Santa Clara County. The District conjunctively manages the basins to maxin-dze water supply, protect the basins from contamination and ensure that groundwater supply is sustained. The District manages the groundwater resources, including groundwater recharge, through percolation ponds and in -stream recharge of the creeks. The McClellan Ponds recharge facility is located in Cupertino. 69_ Page 5-18 Please see next page for changes. CONSENT A revised description of Urban The Santa Clara Malley Water District Conservation is proposed. requests this change. 28 Changes to Urban Conservation: Climatic conditions of the region within which Cupertino is located reflect the climatic conditions typical of the rest of the State of California. These conditions are characterized by periods of hot and dry seasons and seasons of heavy rainfall during the wet winter months. Weather conditions, however, can vary from year to year. In recent times, the region experienced periods of multi- year droughts in 1976-1977 and again in 1987-1992. Given the cyclical nature of the climatic conditions, it may be assumed that the region may again experience periods of drought in the future. Water conservation is of great economic, social and environmental importance. During these past periods of drought, the two retailers serving the City imposed water restrictions on their customers in response to the Santa Clara Valley Water District's calls for water use reduction. The reduction targets were periodically adjusted during the drought based upon water. reserves, water usage and projected water supplies from both local and imported sources. Through the water management prgrams of both the District and the retailers, groundwater levels remained healthy and land subsidence was avoided. The District is currently updating its Integrated dater Resource Plan (IWRP), the purpose of which is to develop a flexible and incremental water supply plan for Santa Clara County through the year 2040. .According to the District, flexibility is a key aspect of the IWRP 2002, which calls for periodic reassessments to respond to ever-changing water demand and water supply conditions. The District strives to meet the needs of its water retailers, but unpredictable eventualities necessitate continual monitoring and revisions to the District's water management activities. In the 2001 session, the State Legislature and. Governor enacted Senate Bills 221 and 610, which requires jurisdictions to secure a water supply assessment from suppliers of water systems, for projects subject to the California Environmental Quality Act. The water supply assessment must be incorporated into the environmental documents and considered when determining if projected water supplies are sufficient to satisfy the demands of the project, in addition to the existing and planned future demands. 1 29 ENVIRONMENTAL RESOURCES CHANGE.NEEDED. EDEA _ NOTE 70. Page 5-18 Change as shown below: CONSENT A reference is needed to the Santa Other Water Resources. The Santa Clara Valley Nater District Clara Valley Water District. Cupertino has two major water requests this change. suppliers: the California Water Company and the San Jose Water Company. Both of these retailers purchase their water supply from the Santa Clara Valley Water District. 71. Policy 5-21, Page 5-17 Change as shown below: CONSENT The policy related to Pollution and Prior to making land use decisions, The Santa Clara Valley Water District Flow Impacts needs to be revised. estimate increases in pollutant loads requests this change. and flows resulting from projected future development to avoid surface and goundwater quality im acts. 72. Policy 5-29, Page 5-19 Change as shown below: CONSENT This policy needs to be revised. Coordination of Local Conservation The Santa Clara Valley Water District Policies with Region -wide Conservation requests this change. Policies: Coordinate city-wide water conservation efforts with the Santa Clara Valley Water District efforts being conducted on a regional scale. A� }�: �d� �^ effer - F . 1-rt4 gon • Iw W those water consAri Many of these... ENVIRONMENTAL RESOO 73. Policy 5-31, Page 5-20 This policy needs to be revised 74. Page 5-34 A. reference to the Stevens Creek Reservoir is needed. 30 CHANGE N]EPDED Change as shown below: Water Use Efficiency: Promote efficient use of water throughout the City. Water- Use. -hibit c rarnd-.tea. yMrt. n.n ��. ir� rrR-:Ary$. iP,-ci�r_-v:�r.. Strategy 1:- Landscaping Plans. Require water -efficient landscaping plans that incorporate the usage of recycled water for landscape irrigation as part of the development review process. Strategy 2: Water Conservation Programs. Work with the Santa Clara Valley Water District to undertake programs that promote water use efficiency_ for residential and commercial customers. Maintain programs.... Change as shown below: Flooding resulting from 'darn failure is yet another hydrological hazard. The largest body of water within the area is the Stevens Creek Reservoir. Stevens Creek Dam meets current daze safety standards and :the probability of its failure is minimal:.Causes for dam failure are nunneraus. 'They include inadequate design, construction deficiencies and sometimes poor underlying foundation conditions. i't.AYnA L. 'f'u'<1n pl 'n fq NOTE CONSENT The Santa Clara Valley Water District requests this change. CONSENT The Santa Clara Talley Water District requests this change. 31 HEALTH AND SA -FE TA' 75. Policy 6-1,: Strategy 2, Change as shown below: CONSENT Geotechnical and Structural Analysis Require all, developers to provide Change is requested by Departmentof geotechnical analyses per the Conservation, California Geological requirements of the California Seismic ` Survey Seismic Lazard Mapping Hazards Mapping Act and. the Program California ]Environmental Quality .Act. 76. Policy 6-11, Page 6-15 Residential Change Policy as shown below: CONSENT Fire Sprinklers Ordinance Consider adopting a residential fire Recommended by the Public Safety sprinkler ordinance. This will reduce Comm- fission (slightly revised by staff). both fire flow requirements and the 77. Page 6-25 Change all references from Standard. The Federal Emergency Management The Cupertino Emergency Plan Emergency Management System System (FEMA) has changed the name (SEMS) to National Incident of the emergency system. Management System ]AIMS 78. Policy 6-64 and Policy 6-45, Page Starthig with the sentences in both CONSENT 6-44 policies that begin with "Specifically, This information is too detailed for a The technical description of interior require....," strike the remaining text. General flan. and exterior noise requirements needs to be deleted. 79. TECHNICAL APPENDIX B Modify as, shown below: APPROVED 6/28/05 Page B-66 Modify text. Strengthen the energy performance of existing housing. The City will ewer IPC VOTE 3-2 dential energy =:�Z=quiring residential units to meet minimum energy efficiency requirements at the time of� -ma'or renovatiom RESOLUTION NO. 05-195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING THE GENERAL PLAN APPENDICES A (LAND USE DEFINITIONS), B (HOUSING ELEMENT TECHNICAL REPORT), C (AIR QUALITY), D (COMMUNITY NOISE FUNDAMENTALS), E (GEOLOGIC AND SEISMIC HAZARDS) AND F (SLOPE DENSITY) OF THE CITY OF CUPERTINO GENERAL PLAN WHEREAS, the City Council of the City of Cupertino has reviewed appendices A, B, C, D, E, and F; and WHEREAS, the City Council finds that the proposed document meets the following requirements: 1) That the appendices are aids to implementation of the Cupertino General Plan; 2) That the information in the appendices is consistent with existing General Plan Policy and with various related interpretations of Policy, and does not in itself create new policy. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ADOPTS AS FOLLOWS: 1) Appendices A,B,C,D,E, and F as adjunct documents to the General Plan. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on this 15th day of November, 2005 by the following vote: Vote AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk Members of the City Council Kwok, Lowenthal, Sandoval, Wang, James None None None City of Cupertino Appendix A. Land Use Definitions The Land Use Map of the General Plan illustrates the policies in this element and in other elements that play a major role in guiding urban development. The map cannot be used alone because it illustrates the text, which should be used along with it. The General Plan Map illustrates the general form of Cupertino in terms of land use patterns and intensity of land use activi- ties. In contrast, the Municipal Zoning Map divides the City into very precisely drawn land use categories. Zoning districts have pre- cisely written standards governing permitted activities and development forms. A series of policy statements accompany the planning text to guide the public and government offi- cials in establishing precise zoning boundaries and pinpoint permitted activities. California law requires that the zoning map and zoning regulations be consistent with the General Plan Map and text. The zoning map and. regulations must be brought into conformity with the General Plan with- in a reasonablee period after it is adopted. Patterns and symbols, defined on the map legend., are used on the General Plan Map to identify land use categories, the road system, major land features and significant public and private facilities. Here is a description of each land use category: ReMdentiai Areas suitable for dwellings, divided into five sub -categories based on dwelling unit density and expressed as the number of dwellings permitted on each gross acre. The General Plan does not define whether the dwellings are to be owned or rented by their inhabitants or whether they are to be attached or detached. Very Low Density: Intensity is based on applying one of four slope -density formu- lae—Foothill Modified, Foothill Modified 1/2 Acre, Semi -Rural 5 acre or Foothill 5-20 acre. This classification is intended to pro- tect environmentally sensitive areas from extensive development and to protect human life from hazards related to flood, fire and unstable terrain. Low Density: 1-5 and 1-6 units on each gross acre. This category is intended to promote a suburban lifestyle of detached sin- gle-family homes. Planned residential com- munities can be incorporated into this cate- gory if the development form iss compatible with adjoining residential development. Low/Meditun Density: 5-10 units per gross acre. This category accommodates more intensive forms of residential develop - TASK Foxcr DRAFr GENERAL PLAN A-1 A-2 TECHNICAL APPENDIX A: LAND USE DEFINITIONS ment while still being' compatible with the predominant single-family detached residen- tial neighborhood. This development can be successfully incorporated into.a single-family environment. the commercial zoning ordinance and use permit procedure. Smaller commercial parcels in existing residential areas may be needed to provide . Commercial/Residential This designation allows primarily com- mercial. uses and secondarily residential uses or a compatible combination of the two. Commercial use means retail sales, business- es, limited professional offices, and service establishments with direct contact with cus- tomers. This applies to commercial activities ranging from neighborhood convenience stores to regionally oriented specialty stores. Retail stores that would be a nuisance for adjoining neighborhoods `or harmful to. the community identity would be regulated by TASK FORCE DRAFT GENERAL PLAN administrative, professional and research and development activities. Prototype research and development is permitted if it is conducted along with the office functions of a, business.Prototype R&D is defined as research and development activities that lead to the development of a new product or a new manufacturing and assembly process. Products developed, manu- factured or assembled here are not intended to be mass-produced for sale at this location. Guidelines for Prototype Research . and Development: The type, use and storage of hazardous material for prototype R&D or local neighborhood serving retail; otherwise Medium/High Density: 10-20 units per they, may be redeveloped at residential den - gross acre. This category provides greater sities compatible with the surroundings: opportunity for multiple -family residential Residential development is subject to the developments in a planned environment. numerical caps and other policies described This range usually results in traffic volumes in the development priorities tables. and buildings that are not compatible with single-family residential neighborhoods. These developments should be located on the Neighborhood edges of single-family residential communities Commercial/Residential where utility services and street networks are Neighborhood Commercial is a subset adequate to serve increased densities. of the Commercial land use designation. High Density: 20-35 units per gross This category includes retail activities, per - acre. This promotes a wide'range of housing sonal services and limited commercial offices choices in multiple -family dwellings. The that serve primarily the residents of adjacent intensity requires that the category be used , neighborhoods. Residential living units may only at locations with adequate utility serv- only be allowed as upper floor uses. ices or transit or both. The development may result in structures with three or four levels Office and underground parking. This category offers maximum opportunity for housing This designation encompasses all office choice, especially for people who want a city uses referenced in the City's Administrative environment. and Professional Office Zone including Commercial/Residential This designation allows primarily com- mercial. uses and secondarily residential uses or a compatible combination of the two. Commercial use means retail sales, business- es, limited professional offices, and service establishments with direct contact with cus- tomers. This applies to commercial activities ranging from neighborhood convenience stores to regionally oriented specialty stores. Retail stores that would be a nuisance for adjoining neighborhoods `or harmful to. the community identity would be regulated by TASK FORCE DRAFT GENERAL PLAN administrative, professional and research and development activities. Prototype research and development is permitted if it is conducted along with the office functions of a, business.Prototype R&D is defined as research and development activities that lead to the development of a new product or a new manufacturing and assembly process. Products developed, manu- factured or assembled here are not intended to be mass-produced for sale at this location. Guidelines for Prototype Research . and Development: The type, use and storage of hazardous material for prototype R&D or assembly. is regulated by the Uniform Building Code, the Uniform Fire Code and any new ordinance or other regulation that controls hazardous materials. The building must not present the appearance that a prototype R&D or assem- bly process is in place. There will be no exte- rior storage and receiving facilities will .be small. Generally, no more than 25 percent of the total space occupied by the firm will be devoted to this activity. Commercial/®ffffoce/Resedentliap This designation applies to the mixed- use areas that are predominantly commercial and office uses. Supporting residential uses may be allowed to offset job growth, better balance the citywide jobs to housing ratio and when they are compatible with the pri marily non-residential character of the area. Residential development is subject to the numerical caps and other policies (described in the land use element). LAND USE CATEGORIES ®fffuce/Ind ustriap/Commerc'uall Residential This designation applies to areas that are primarily office uses and industrial uses. Commercial uses should be ancillary and supportive of the office and industrial base with the exception of larger parcels, which may be used for regionally oriented stores. Residential development is subject to the numerical caps and other policies (described in the land use element). Qu asi-PubIlc/Institutional This designation is applied to privately owned land involving activities such as a pri- vate utility, a profit or non-profit facility giv- ing continuous patient care, an educational facility or a religious facility. Parks and Open Space This designation is applied to land owned by the public and used for recreation. It is also applied to private open space and recreational lands. Industrial/Residential This designation allows primarily Riparian Corridor industrial uses and secondarily residential uses or a compatible combination of the two. This designation is applied to creek Industrial use refers to manufacturing, assem- corridors if they are not part of a larger park bly and research . and development. or residential property. Administrative offices that support manufac- turing and wholesaling are included. PublicFacilities Housing may be allowed to offset job This designation is applied to land used growth and better balance citywide jobs to or planned to be used by a governmental housing ratio. Residential development is entity for a public purpose. subject to the numerical caps and other poli- cies (described in the land use element). TASK FORCE DRAFT GENERAL PLAN A-3 A'4 TECHNICAL APPENDIX A: LAND USE DEFINITIONS Transportation Y This designation is applied to streets, highways and rail corridors. Monta Vista Neighborhood Land Use Designation RESIDENTIAL The Monta Vista neighborhood has three density ranges, which allow single fam- ily, duplex and multi -family housing types. NON-RESIDENTIAL The non-residential designations are the same as the rest of Cupertino. -,i TASK FORCE DRAFT GENERAL PLAN B-1 Appendix B FABLE OF CONTENT 1. Introduction............................................................................................2 2. Housing Needs Assessment ........... Population' Information...:..................................................:............................3 Household Information ............ I....................... Special Need Households...................................................................:......:....10 Housing Stock Data................:..................................................................:....17 3. Projected. Housing Needs........................................................................21 AdequateSites.................................................................................................22 Conservation Of Affordable Units ...................................... .............:.......,....24 4. Resource Inventory ............................................ ........... ... ... .27 Land Inventor Financial Resources....................................................................................:..:28 5. Affordable `Housing .Opportunities .....:....................................................30 Summary- Chart .Of Affordable Units. In Cupertino....................:..................33 6. Review .Of 1993 Housing Element.........................................................34 Progress And Implementation Summary :...: ...:............................................42 7. Housing Constraints... ............................... ................................ ........... 43 Governmental Constraints............................................................ ..:.............43 Market Constraints............ 8. Housing Program Strategy: 2001-2006 ..................................................49 9. Energy Conservation Opportunities ........................................................ 10. Consistency With General Plan . ...... ...................... ......................66 11. Public Participation.......................................................................... ....66 I� Exhibits....................................................................................................:.68 TASK FORCE DRAFT GENERAL PLAN i . HOUSING NEEDS ASSESSMENT B-2 TEcHN1CAL APPENDIX B: HOUSING TECHNICAL REPORT 1. INTRODUCTION The Housing Element is one of seven I lements required to be included in the City's General Plan. There are specific guidelines developed by the State of California for subjects that must be included in a Housing Element. These guidelines are M identified in Article 10.6 of the State of r` California Government Code. Article 10.6 specifies that Housing Elements must evaluate the current housing market in a community and then identify programs that will meet housing needs. The MARIN F%; Berkeley ;OUNTY Oakland f SAN as FRANCISCO COUNTY F� L:V1�LV U City Boundary Urban Service Area Boundary Unincorporated Areas Within Boundary Agreement Line TASK FORCE DRAFT GENERAL PLAN TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT to be the most populous county in the future. According to estimates prepared by ABAG (Association of Bay Area Governments), Santa Clara County is expected to increase from 1,755,300 persons in 2000 to 2,016,700 persons in 2020. This is a 14.8% increase in the 20 year period. Much of this growth is expected to occur in the City of San Jose. However, ABAG does project that the pop- ulation of Cupertino and its sphere of influ- ence will increase by 19% during the 2000- 2020 time frame. The estimated population for the city and its sphere of influence in 2020 is estimated to be 66,400 persons. ABAG also projects that Cupertino's employment will increase during the next two decades. The number of jobs in the City is expected to increase by 20% from 2000-2020. Itis estimated by ABAG that approximately 78% of the new job growth in Cupertino dur- ing the 2000-2020 time period :will be in the service and manufacturing/wholesale sectors. The chart on the following page (Illustration #2) provides some sample jobs and salaries for those two sectors. As the information in the chart demonstrates, there can be a wide disparity in median hourly wages for employees in the same job sector. For example, in, the manu- facturing sector, the engineering manager Services has a median salary which is four times greater than the ` equipment assembler. According to information reported in the "2001 Index of Silicon Valley" (Joint Venture: Silicon Valley Network" January 2001, p.16), the disparity between high and low " income households has increased in recent years. Higher income households in Santa Clara . County experienced a 20% increase in household income between 1993 and 1999 while lower income households experienced a 7% decline. . The State of California, Employment Development Department, has identified a comprehensive list of typical jobs in Santa Clara County in the. services and manufac- turing job sectors. The jobs listed above are some examples of jobs in those sectors and reflect median hourly wages estimated for the 1997-2004 time period. In comparing jobs to households, Cupertino is "job rich." Using ABAG esti- mates for the year 2000, there were 2.4 jobs for every household in Cupertino. This ratio is typical of other communities in the northern Santa Clara County area. Between 1999- 2000, "job rich" northern Santa Clara County gained 16 new jobs for every one housing unit built. "House rich" southern Santa Clara County gained three new jobs for each hous- Computer Engineers $33.78 median hourly wage ($70,262 annual) Janitors/Cleaners $ 7.62 median hourly wage ($15,849 annual) Manufacturing Engineering Manager $50.05 median hourly wage ($104,104 annual) Equipment Assembler $12.30 median hourly wage ( $25,584 annual) Source: Department of Employment Development, State of California, Labor Market Information, Winter 2000-2001 Figure 2. Typical Jobs/Salaries in Service and Manufacturing Sectors, County of Santa Clara. TASK FORCE DRAFT GENERAL PLAN ing unit built. (lbid, p.20) The ratio of jobs to households is important because as more jabs are created, there is greater demand on the existing housing stock in the community, prices can be "bid up," and households who cannot find housing end up commuting longer distances to work. One of the needs identified during the preparation of this Housing Element was the desire to achieve a more balanced jobs and housing ratio. Program # 11 in Chapter 8 of this document addresses this need. Cupertino's population has become more ethnically diverse. When it was first incorporated in 1955, the community was primarily white with very few minorities. In 1980, the most prevalent ethnic group was Asian -American which represented 6.9% of the population at that time. However, the 2000 U.S. Census data indicated that the Asian population had increased substantially in Cupertino. In fact, the percentage of Asians (44%) is close to the percentage of white persons (50%) in the Cupertino com- munity in 2000. It should be noted that the 2000 Census reported ethnic and racial data in a HOUSING NEEDS ASSESSMENT B -J different manner than in the past. Hispanic is reported as an ethnic category and those of Hispanic ethnicity could be reported also as a racial category (e.g. White, Black, Asian, etc.). The data in the table above reflects the percentage of Hispanics of any race as well as the percentage of persons who identified themselves as non -hispanic and white, black, asian, etc. The "other" category in 2000 reflects other smaller racial groups as well as persons who identified their heritage as two or more races. Cupertino's age distribution changed during the 1990-2000 decade. The percentage of children, teenagers and older adults (65 + years) increased while the 20-65 age groups declined. The trend of increased percentages in the population groups of children, teenagers and older adults is expected to con- tinue in the future. In fact, the State of California estimates that in California, by 2020, the percentage of children under 18 years of age will grow to 27.4% of the total State population. It is further estimated that persons over the age of 55 years will represent 26% of the total statewide population in 2020. Figure 3. Change in Ethnicity. TASK FORCE DRAFT GENERAL PLAN row TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT Table 1. Population by Age. Age Group 1990 Percent of Total Population 2000 Percent of Total Population Change 1990-2000 Under 5 Years 6.0% 6.1% +0.1% 5-19 Years 17.8% 22.3% +4.5% 20-54 Years 58.0% 51.9% -6.1% 55-64 Years 9.8% 8.7% 65-74 Years 5.2% 5.8% +0.6% 75+ Years 3.2% 5.2% +2.0% Source: US Census, 1990 and 2000 Household Information For purposes of evaluating housing sup- ply and demand, it is helpful to translate information from population figures into household data. The U.S. Bureau of the Census defines a household as all persons who occupy a housing unit, which may include single persons living alone, families related through marriage or. blood, and unre- lated individuals living together. Persons liv- ing in retirement or convalescent homes, dormitories, or other group living situations are not considered households. The 2000 U.S. Census data indicated that there were a total of 18,204 households in Cupertino. Approximately 75% of those households were classified as "family" house- holds and the remaining 25% were "non - family households." Most of the "non -fami- ly" households were individuals living alone. Of the total 18,204 households in Cupertino, 21% (3,800 households) included an indi- vidual 65 years of age or older. HOUSEHOLD SIZE Household size is an interesting indica- T.SSK FORCE DRAFT GENERAL PLAN for of changes in population or use of hous- ing. An increase in household size can indi- cate a greater number of large families or a trend toward overcrowded housing units. A decrease in household size, on the other hand, may reflect a greater number of elder- ly or single person households or a decrease in family size. According to the 2000 U.S. Census, there were 2.75 persons per household in Cupertino. This is an increase from the 1990 census data which indicated that there were 2.60 persons per household. Cupertino's 2000 household size does not vary signifi- cantly from the averages for Santa Clara County or the State of California. HOUSEHOLDS BY INCOME LEVEL In 2000, the mean income for Cupertino was estimated to be $110,200 per household. (Projections 2000, ABAG, December 1999, p. 225) Cupertino's mean household income in 2000 was the sixth highest of all communities in Santa Clara County..Only Saratoga, Los Altos Hills, Los Gatos, Monte HOUSING NEEDS ASSESSMENT Figure 4. Average Household Size, 2000. Age Group City of County of State of Cupertino Santa Clara California Average Household Size 2.75 Persons 2.92 Persons 2.87 Persons in 2000 Sereno and Los Altos had mean household incomes higher than Cupertino. The chart below compares Cupertino to other commu- nities in Santa Clara County. Household incomes are expected to increase in the future, according to the ABAG projections. In 2005, the mean household income in Cupertino is expected to be $117,400 and, in 2010, the mean income is estimated to increase to $124,000 per household. When reviewing household income information, it is helpful to evaluate the pro- portion of households by income level. Typically, households are defined as very low- income, low-income and moderate income. All remaining households then are consid- ered above -moderate or upper income. Typically, housing programs with federal funding or requirements are available only to the very low and low-income household lev- els. Housing programs utilizing Redevelopment Tax Increment funds or other State programs are applicable to very low, low and moderate -income households. Listed on the following page (Figure 6) are the maxi- mum household income limits by household size that are used by federal, state and local housing programs. The categories are deter- mined by the average household income as a percentage of median income for the area. Source: US Census, 2000 Figure 5. Mean Household Income by Community. 7 Palo Alto Mean Estimated Rank Community Household Income 9 Milpitas in 2000 1 Los Altos Hills $250,500 2 Monte Sereno $220,900 3 Saratoga $184,500 4 Los Altos $159,300 5 Los Gatos $126,600 7 Palo Alto $107,100 8 Morgan Hill $90,700 9 Milpitas $85,200 10 Sunnyvale $82,300 11 Mountain View $78,100 12 San Jose $76,600 13 Campbell $74,200 14 Santa Clara $72,600 15 Gilroy $67,500 Source: Projections 2000, ABAG, December 1999, p. 225 TASK FORCE DRAFT GENERAL PLAN M TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT Figure 6. Maximum Household Income Limits, 2001. Income Category 1 Person 2 Person 3 Person 4 Person Very Low Income (0-50% of $30,550 $34,900 $39,300 $43,650 Median Income) Low -Income (51-80% of $48,350) $55,250 $62,150 $69,050 Median Income) Moderate Income (81-120% of $73,320 $83,760 $94,320 $104,760 Median Income) Source: U.S. Department of Housing and Urban Development, 'San Jose PMS.A Income Limits", Spring 2001 The table above (Figure 6) indicates household incomes for very low and low- income as used to calculate eligibility for.fed- eral, state and local housing programs. The "moderate income" definition as used in the above table (household incomes between 81- 120% of. median) is the definition used for State and local housing programs. Figure 7. Households by Income Level, Estimated for City of Cupertino 2000. 83.2% Upper Income 3.9% Moderate Income Estimates of the proportion of house- 4.41/0 holds by income level were developed using 1t -is Low -Income HUD data from 1990 (CHAS Table 1 C for Very City of Cupertino, 1990). The percentage Very Low Income distributions as estimated in 1990 were Source: HUD, CHAS Table IC (City of Cupertino), 1990 applied to year 2000 population estimates. This indicates that in 2000 it is ,estimated While the majority of Cupertino's that there were 8.5% very low income (1,547 households are considered "upper income," it households) and 4.4% low-income (801' is important to note that the households who households). The CHAS table uses the fed- are lower income are important and valuable eral definition ofmoderate-incomeand only members of the labor force. Many of these identifies households with income from 81- households are service workers or retail 95% of median .income. Using the federal employees who are employed in Cupertino definition, 3.9% of Cupertino's households or surrounding communities. For example, a were identified as moderate income. The full-time service worker earning $7 per hour illustration at ,right (Figure 7) reflects the has an annual income of less than $15,000 estimated percentage of households in the per year. Further, in Cupertino, a teacher or Cupertino community by income level for public service employee could be classified as 2000. a low-income household. For example, a 3 - person household with a teacher as the pri- TASK FORCE DRAFT GENERAL PLAN mary wage earner and a sponse who stays at home to care for the child would proUably have an income of less than $62,150 per year and would be considered a low-income household. It is important that the commu- nity strive for a goal of providing sufficient affordable housing to meet the needs of vary- ing income groups and job classifications in the City. HOUSEHOLDS OVERPAYING FOR HOUSING Using state and federal definitions, a household is considered to be `overpaying" for housing when they spend more than 30% of their annual income on housing costs. Lower income households typically "over- pay" for housing more than moderate and above moderate -income households. In fact, as the household income levels increase, the percentage of households "overpaying" for housing typically decrease. According to the chart below (Figure 8), approximately 72% of the City's very low income households (households with incomes less than 50% of median income) paid more than 30% of their income for hous- HOUSING NEEDS ASSESSMENT ing. This figure decreases slightly to 66% of all low-income households (households with incomes from 51-80% of median income) and then decreases further to 55% of all mod- erate -income households. When these per- centages are applied to the number of house- holds in 2001, there would be 1,122 very low income households and 529 low income households overpaying for housing, a total of 1,651 lower income households overpaying. In Cupertino, overpaying for housing affects very low-income renters the most. Of all renter households in Cupertino at the very lowest end of the income scale (0-30% of median income), approximately 70% were overpaying for housing. For households at 31-50% of median income, 95% of renter households were overpaying for housing. Many of these households are in fact paying more than half of their income for housing. Data for the San Francisco Bay Area indi- cates that more than half of all very low- income renters pay more than 50% of their income for rent. ( "American Housing Survey," 1993 San Francisco and San Jose Metropolitan areas) Figure 8. Households by Income Level, Overpaying for Housing. 80.00% 70.00% 0 w 60.00% 3 Of _ E 50.00% o a 40.00% a a m p 30.00% C u 20.00% L d CL 10.00% 0.00% Very Low Low Moderate Income Income Income Source: U.S. Department of Housing and Urban Development, CHAS Table 1 C, City of Cupertino, 1990 TASK FORCE DRAFT GENERAL PLAN B-10 TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT Figure 9. Household Tenure by Selected Communities, 2000. Owner Occupied Renter Occupied Los Gatos 65%u 35% Palo Alto 57% 43% City of Santa Clara 46% 54% Saratoga 90%u 10% County of Santa Clara 60% 40% State of California 57% 43% Source: U.S. Census Bureau, Proftle of General' Demographic Characteristics: 2000 HOUSEHOLD TENURE Cain sub -populations that have special hous- . ing needs. For purposes of this Housing Household tenure (owner occupied or Element, following are the households that renter occupied) is an important characteris- have been identified as having special hoes - tic to review in evaluating housing supply ing needs: and demand. Communities need to have an I. Homeless Households adequate supply of units available both for 2 Large Households and Overcrowded rent and for sale in order to accommodate a Households range of households with varying incomes, 3. Single Parent Households family sizes and composition, life styles, etc. 4. Elderly Households In Cupertino, the majority of housing 5. Disabled (Physical and Mental) Households units are owner -occupied. Of all occupied units in the 2000 U.S. Census,. 63.6% were Farmworker households are also typi- owner-occupied (11,583 households). The tally considered to be households with spe- remaining 36.4% were renter -occupied units tial needs. However, a review of all available (6,621 households). data for the City of Cupertino indicates that there is not a significant number of farm - worker households within the City and, con - Special Need Households sequently, they are not identified specifically m.,_..w.. Within each community, there may be cer- as a group with special needs. The 1990 U.S. N41 TASK FORCE DRAFT GENERAL PLAN Census data identified only 78 persons in the City's labor force Who were employed in agri- cultural work. Information from the State Employment Development Department (EDD) was also reviewed and indicated no significant number of workers employed in the agricultural sector in Cupertino. Homeless Households There are homeless households in Cupertino although they are often "hidden" and not as visible as in other, more urbanized communities. The 1990 U.S. Census data reported no homeless data for Cupertino (there were no individuals identi- fied in "emergency shelters" or "visible on street location"); however, other data does indicate that there are homeless individuals and households in Cupertino. As part of the County of Santa Clara "Urban County," Cupertino was included in a 1999 survey of homeless individuals. That survey identified 20,000 episodes of home- lessness in Santa Clara County. This was an increase from the 1995 survey that identified 16,000 episodes of homelessness in the County. It is important to note that an indi- vidual or household could have more than one episode of homelessness in a year. The 1999 survey did not specifically identify the number of homeless in Cupertino but the survey results were based on inter- views conducted with homeless individuals connected with Cupertino Community Services. Some of the more significant data from the countywide survey included: • There were twice as many males as females in the homeless population. • The majority (79%) of homeless were individuals who were either single, divorced, widowed or separated. HOUSING NEEDS AssESSMENT Homeless adults with children repre- sented 21% of the survey respondents. • The number of working homeless was 34%. • Approximately 73% of the homeless listed Santa Clara County as their last place of residence before becoming homeless. • The major reasons individuals gave for becoming homeless were: 1. lack of a job (21%), 2. lack of affordable housing (17%), 3. lack of money (14%), and 4. drug and/or substance abuse (8%). Staff at Cupertino Community Services report that lack of affordable hous- ing units is one of the primary reasons for homelessness in Cupertino. Further, they have identified the lack of resources in Cupertino for families with children, espe- cially female -headed households. And, sur- prisingly, they note that there are now a sig- nificant number of homeless with college and/or professional degrees that they have as clients. Incidences where teachers or lawyers are homeless for a period of time and need emergency shelter are not uncommon. Adequate Sites for Homeless Facilities: Rotating shelter facilities are permitted uses in the City's "BQ" (quasi -public facilities) dis- trict. The City will revise its Zoning Ordinance in 2001-2002 to allow permanent emergency shelters in the BQ districts also. (See Program #29 on page 70.) In 2001, there were 1.75 vacant acres in the City's BQ dis- tricts. Transitional shelters are allowed as per- mitted uses in all of the City's multi -family residential districts. TASK FORCE DRAFT GENERAL PLAN B-11 B-12 TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT Current Resources For Homeless Households Name/Title Provider Description Homeless Services Cupertino Community Administers homeless services Services (CCS) on behalf of the City. Rotating Shelters Consortium of 12 ' 15 beds available for homeless churches working men. Shelters are a permitted use in the Quasi -Public Zoning District. Homeless Shelters Emergency Shelters available to Cupertino Housing Consortium residents throughout the County. Domestic Violence Support Network for Cupertino residents can be Shelters Battered Women referred to this shelter. (located in Mountain View) Greenwood Transitional CCS Four 3 bedroom units available Housing Facility up to 2 years per stay. Continuum of Care City assists funding Services and housing opportunities through the Santa for homeless households. Services Clara County Urban include outreach and assessment of County Program needs of homeless, emergency shelters and transitional housing links. Homeless Households: projected Housing meed Additional affordable housing is the primary need for homeless individuals and families. Further, CCS staff report that there is a need for more transitional Housing units, especially those that could serve family households. Female headed households, in particular, are in need of transitional housing opportunities. The Rotating Shelter Program has been operative in Cupertino for over a decade and appears to be effective in serving short-term, emergency needs. Large Households and Overcrowded Households "Large households" are house- holds that contain five or more persons. In 1990, the census data demonstrated that approximately 7% of all Cupertino households were large households. Of all large households in. Cupertino, 65% were owner -occupants and T.SSK FORCE DRAFT GENERAL PLAN 35% were renter -occupants. If these percent- age figures are applied to the total households in Cupertino in 2000, then 1,274 households are large households (7% of 18,204 total households). Of those 1,274 large households, 828 are estimated to be owner -occupants (65% of all large households) and 446 are esti- mated to be renter -occupants (35% of all large households). Large households and overcrowded households are often evaluated together because of the tendency for large households to also be overcrowded households. A house- hold is. typically considered to be "over- crowded" when the number of persons living in a housing unit is greater than the number of rooms, excluding bathrooms and kitchens. Overcrowded.households are usually a reflec- tion of the lack of affordable housing. Households who cannot afford housing units suitably sized for their households are often forced to live in housing that is too small for their needs. Cultural preferences in living styles may also result in overcrowded house- holds. According to 1990 U.S. Census data, there were 618 households which could be classified as "overcrowded;" in other words, households with more than one person per room. These 618 households represented 4% of all Cupertino households at that time. In comparison, overcrowded households com- prised 11.7% of all households in California for the same time period. If the 4% figure were applied to the total Cupertino house- holds in the year 2000, it would appear that 728 households are estimated to be over- crowded (4% of 18,204 total households in 2000). In 1990, 63% of all overcrowded households were renters. Therefore, it is esti- mated that 459 households in 2000 are over- crowded and renters. Single Parent Households Female single par- ent households are much more prevalent than male single parent households. The 1990 U.S. Census reports that there were 520 female -headed households with children under the age of 18 years in Cupertino. These 520 households represent 4.7% of all family households in the City at that time. A comparison of household income data provides important information regard- ing single parent, especially female -headed households. The mean income for all married couple families with children in Cupertino was $89,350 according to the 1990 U.S. Census. However, the mean income for a HOUSING NEEDS ASSESSMENT B- 13 Overcrowded Households: Projected Housing Need There does not appear to be a significant problem with overcrowded households in Cupertino. Only 4% of all households are estimated to be overcrowded. In a suburban community such as Cupertino, it is most likely that these are large family households with children. In addition large, extended families living in one housing unit are often common for households of various ethnic and cultur- al backgrounds and this preference can also influence the number of overcrowded households in a community. female head of household for that same time period was only $39,346 — less than half the income for a married couple. This gap in income level makes it much more difficult for the female headed household to secure decent and affordable housing. The limited income status of single par- ent households is also reflected in data pro- vided by the Social Services Agency, County of Santa Clara. In their quarterly statistical data report of public assistance families in the County dated January 2001, single par- ent households comprised 90% of all Cupertino households assisted with CalWORKS funds (formerly known as Aid Single Parent Households: Projected Housing Needs Affordable housing is one of the more significant needs of single parent households. Limited household income con- strains the ability of single parent households to "afford" housing units. Consequently, these households may have to pay more than they can afford for housing for them- selves and their children. Or, they may have to rent a housing unit that is too small for their needs because it is the only type of housing that they can afford. Other hous- ing related needs include assistance with security deposits, locating housing that is close to jobs, availability of child care services and proximity to transit services. TASK FORCE DRAFT GENERAL PLAN B-14 TECHNICAL APPENDIX B: HouSING TECHNICAL to Families with, Dependent Children). y There were a total of 38 households receiv- ing CaIWORKS assistance in Cupertino, 34 of these households were one parent house- holds. Catholic Social Services provides a serv- ice to "match" single parent households in shared housing arrangements. From 1998 - 2000, they provided information and/or assis- tance to approximately 10-15 ,Cupertino households annually. In addition to shared housing opportunities, the Simms House is located in Cupertino.and provides housing for a limited number of single parent households. Senior Households Older adult and elderly persons are gradually becoming a more sub- stantial segment of a community's popula- tion. Americans are living longer and are having fuller lives than ever before in our history and are expected to continue to do so. The average life expectancy of a person born in 2000 is 90 years. sons 85+ years is expected to almost double in size with two-thirds of that population estimated to be female. These large increases in percentage and number of older adults in our population indicate that there will be an even greater demand for a range of housing opportunities such as independent living facilities, assisted housing or congregate care facilities, group homes, etc. Santa Clara County's 2000 "Consolidated Plan" (p. 26) document identifies the.following critical sel vice areas for seniors: protective services for vulnerable elders, * Legal services, mental health services, ® affordable and supported senior housing, • language -related services, and • in-home services and primary health care services. The Urban County .program has pro- vided supportive service funding for senior In 1990, 12% of all Cupertino house- and frail seniors to the following organiza- holds included a household member 65 years tions: Cupertino Community Services, of age or older. Of those senior households, Catholic Charities Long Term Ombudsman 22% were renters and 78% were owners. The Program and Senior Adults Legal Assistance. 2000 U.S. Census indicates that households The County's rehabilitation program also with a member 65 years of age or older have provides assistance to low income seniors increased to 21% of all Cupertino house- and the County -funded Economic and holds. In 2000, there were a total of 3,800 Social Opportunities Program assists low households with individuals 65 years or income seniors by providing funding for older. If the 1990 household tenure distribu- weatherization, removal of architectural bar - tion is applied to these households, then riers to the home and minor home repairs. 2,964 of these households are homeowners and 836 are renters. The chart at right (Figure 11) identifies affordable units specifically for elderly house- ABAG has provided projections for age holds. There are other affordable units in the distributions from 2000-2020 for the region. City which are available to both elderly as These estimates indicate that the 65+ years well as family households. Please see page 33 population will increase by almost 90% dur of this document for a summary table of all ing that time period. The population of per- affordable units in the City. TASK FORCE DRAFT GENERAL PLAN Figure 10. Services Available for Senior Households. Legal Senior Adults Assistance Legal Assistance (408)295-5991 Senior Cupertino Senior Center Activities and 21251 Stevens Creek Blvd. Geriatic Case 100 Units Management (elderly and General Cupertino Housing Community Services Assistance (408) 255-8033 Ombudsman Catholic Charities Program (408) 468-0100 Housing Housing and Community Rehabilitation Development County of Santa Clara (408) 441-0261 HOUSING NEEDS ASSESSMENT B-15 Chateau Cupertino is a Seniors Housing Complex with 10 Units Designated as Affordable Units Figurel 1. Affordable Housing Specifically for Senior Households Senior Households: Projected Housing Needs Name and Address Number of of Development Affordable Units The number and percentage of Chateau Cupertino 10 Units 10150 Torre Avenue Sunnyview West 100 Units 22449 Cupertino Road (elderly and tpa � vet"•' {'`T'T�j Chateau Cupertino is a Seniors Housing Complex with 10 Units Designated as Affordable Units Figurel 1. Affordable Housing Specifically for Senior Households Senior Households: Projected Housing Needs Name and Address Number of of Development Affordable Units The number and percentage of Chateau Cupertino 10 Units 10150 Torre Avenue Sunnyview West 100 Units 22449 Cupertino Road (elderly and mobility impaired) Park Circle East 8 Units 20651 and 20653 Park Circle East Other: Project MATCH (phone 408-287-7121) provides assistance in matching elderly households in shared housing. elderly in the population is expected to increase dramatical- ly in coming years. Further, sig- nificant increases are expected in the "older" elderly population fof 85+ years. One of the most significant needs of the elderly is for affordable housing. Limited or fixed incomes often constrain rhe ability of elderly households to secure affordable housing. Elderly households also need a E range of different type of hous- ing opportunities as they age. IHousing developments are need- ed that provide for independent z living as well as assisted living or specialized care arrangements. TASK FORCE DRAFT GENERAL PLAN B-16 TECHNICAL APPENDIx B: HOUSING TECHNICAL REPORT Disabled Households Disability is a broad cat- egory that represents persons who are devel- opmentally disabled as well as persons who may have a mobility impairment or a mental illness. The County of Santa Clara's 2000 "Consolidated Plan" (p. 22) estimates that there are as many as 40,000 mobility impaired individuals in the Urban County, represent- ing 14,000 households. The document later (p. 24) identified data from the 19.90 U.S. Census regarding disabilities. Specifically, in 1990, 8% of the County population reported a disability that interfered with their ability to work. If this 8% figure was applied to the City's 2000 population of 50,546 persons, then approximately 4,043 individuals could be estimated to have a work -impairing dis- ability. From a housing perspective, there are several different housing needs of disabled persons. For those disabled with a develop- mental or mental disability, one of the most significant problems is securing affordable housing that meets their specialized needs. Housing needs can range from institutional care facilities to facilities that support partial or full independence (such as group care homes). Supportive services such as daily liv- ing skills and employment assistance need to be integrated into the housing situation also. In Santa Clara County, the Saiz Andreas Regional Center provides support services for disabled households but housing costs are usually the responsibility of the individual. For most individuals with devel- opmental disabilities, the average range of SSI payment in 2000-2001 was approximate- ly $600-700 per month. With this level of income, finding. affordable housing is very problematic. Mobility impaired persons are also often in need of affordable housing. In addi- tion, the person with a mobility limitation typically requires housing that is physically accessible. Examples of accessibility in hous- ing include widened doorways and hallways, ramps leading. to doorways, modifications to bathrooms and kitchens (lowered counter- tops, grab bars, adjustable shower heads, etc.) and special sensory devices (smoke alarms, light switches, etc.). Figure 12. Affordable Housing Specifically for Disabled Households. Name and Address of Development Number of Affordable Units Sunnyview West 100 Units 22449 Cupertino Road (mobility impaired and elderly) Le Beaulieu 10092 Bianchi Way 27 Units ATIL Group Home (Adults Toward Independent Living) Group Home 19147 Anne Lane PACE Group Homes a) 19681 Drake Drive Group Home b) 7576 Kirwiri Lane TASK FORCE DRAFT GENERAL PLAN In addition to other community-based services, there are specific programs funded through the "Urban County" program to assist disabled households. These include: • Silicon Valley Independent Living Center in Santa Clara: Provides services to developmentally disabled adults. • Mental Health Advocacy Project: Provides fair housing services to indi- viduals with mental illness or mental disability. • Shelter Plus Care Program: Provides rental assistance linked with supportive services for the most diffi- cult to house homeless population, including those with a disability. Housing Stock Data Cupertino's housing stock was primari- ly built in the decades after World War I1 and reflects its suburban, residential charac- ter. In 2000, U.S. Census data indicated that there were a total of 18,682 housing units in Cupertino and the majority of those units 80% 70% o Y 60% V p 50% a c 40% 0 30% i = a 20% 10% 0% HOUSING NEEDS ASSESSMENT B-17 Disabled Households: Projected housing Needs People with disabilities require a wide range of different housing, depending on the type and severity of their dis- ability. Affordable group homes for the mentally and devel- opmentally disabled is a particular need in the area. In addition, "barrier -free" housing is needed for those with mobility limitations. Because people with disabilities often have limited incomes, affordable housing that meets their particular needs is especially critical. were single-family housing units. Single-fam- ily units (detached and attached) accounted for 71% of the total housing stock in 2000, with the majority of those units being single- family, detached units. Multi -family struc- tures of S or more units represent 22% of the housing stock and 2-4 unit structures consti- tute the remaining 7%. There were a total of 8 mobile homes in Cupertino in 2000. The percentage of single family units in the housing stock has remained fairly constant in Cupertino in the 1990-2000 decade. In 1990, 71.8% of the housing stock were single family units—very similar to the 2000 figure of 71%. Single Multi -Family 2-4 Unit Family 5+ Units Structure Source: U.S. Census, 2000 Figure 13. Housing Stock by Type, 2000. TASK FORCE DRAFT GENERAL PLAN F61191 on TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT Age of Housing Stock At the time that this Housing Element document was written, 2000 U.S. Census data for age of housing structures was not yet available. Using 1990 U.S. Census data and January 2000 data from the California Department of Finance, the estimated age of housing units was developed. This data indicates that approximately 58.9% of the City's housing stock was built between 1960-79. Less than 15% of the total stock was built prior to 1959. The chart on the facing page identifies the percentage and number of housing units according to the time in which they were estimated to be built. A survey conducted by Real Facts (Real Facts, Novato, California, March 2001) of over 4,000 rental apartment unit properties in Cupertino yields some addi- tional information about the age of the hous- ing stock. Their survey indicated that 31 % of the apartment units were built prior to 1970, 32% from 1970-80, 5% from 1980-90 and 32% from 1990-2000. Vacancy Rates The vacancy rate in a com- munity indicates the percentage of units that are vacant and for sale/rent at any one time. 7000 6000 5000 Number 4000 of 3000 Units 2000 1000 0 1939 or 1940 - earlier 1949 Figure 14. Age of Housing Stock. TASK FORCE DRAFT GENERAL PLAN The 2000 U.S. Census indicates that there is a very low vacancy rate in Cupertino. The homeowner vacancy rate in 2000, was 0.6% and. the rental vacancy rate was 1.8%. Industry norms indicate that "healthy" vacancy rates are approximately in the 3-5% range. The low vacancy rates in Cupertino indicate a very tight housing market with substantial demand for housing units. In 1978, the Cupertino adopted a "Condominium Conversion Ordinance" that prohibits conversions of apartments to con- dominiums unless the vacancy rate exceeds 5%. Since the ordinance was adopted, there have been no apartment conversions. Housing Condition There is not a significant number of housing units needing repair or replacement in Cupertino. The housing stock in Cupertino has been well-main- tained and examples of deteriorated housing units are difficult to locate. Because there is not an obvious need for extensive rehabilita- tion of units, the City does not maintain any current estimates of units needing rehabilita- tion. Therefore, the only other estimate available is a countywide estimate of need. It 1950- 1960- 1970- 1980- 1990- 1959 1969 1979 1989 1999 Year Source: U.S. Census, 1990 and 2000 is estimated that 6% of Santa Clara County's housing stock is substandard. (The State of California's Housing Markets 1990-97, Department of Housing and Community Development, State of California January 1999 p.53) If this percentage is applied to the City's total 2000 housing stock of 18,682 units then approximately 1,121 units could be estimated to be in need of rehabilitation. However, this figure would be the maximum estimate of units in need of rehabilitation. The actual number of units needing rehabil- itation is believed to be significantly lower than this estimate. In coordination with the County of Santa Clara, the City has administered a housing rehabilitation program in Cupertino for many years. The average number of units rehabilitated per year is 4-5 units. The City has found a very limited demand for housing rehabilitation assistance but continues to maintain, the program and, in 2000-2001, transferred day to day management of the program to the County of Santa Clara. One issue, however, that the City should monitor is the condition of rental $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 1-IoLISING NEEDS ASSESSMENT B-19 units in the housing stock. As indicated on the previous page, 31% of the City's apart- ments were built prior to 1970. As these units age, they will need upgrades and repairs. The impact of these costs are going to affect the already high cost of rental hous- ing in the community. Cost of Housing and Affordability One of the most important factors in evaluating a com- munity's housing market is the cost of hous- ing and, even more significant, whether the housing is affordable to households who live there or . would like to live there. Unfortunately, housing costs have increased dramatically in the San Francisco Bay Area in recent years. In fact, the Bay Area has consistently been ranked as one of the most expensive places to live in the United States. A poll sponsored by the "San Francisco Chronicle" ("Tales of Housing," San Francisco Chronicle, November 26, 2000) underscores this issue. In their poll of San Francisco Bay Area residents, 66% of the respondents stat- ed that they were unable to afford the type of housing they would like in the Bay Area. Responses were also categorized by geograph- ic area and, of those respondents from the 1995 1996 1997 1998 1999 2000 2001 Source: Silicon Valley Association of Realtors, May 2001 Figure 15. Median Sales Prices, City of Cupertino, 1995-2001 TASK FORCE DRAFT GENERAL PLAN rows TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT Peninsula area, 77% stated that they were unable to afford the type of housing they would like. In other words, three out of four respondents could not afford the type of housing they wanted. The cost of acquiring a home has increased significantly in recent years. It is especially evident in the Cupertino housing market. In January 2001, the median sales price for a single-family home in Cupertino was in excess, of $1 million dollars. Cupertino is located in the center of Silicon Valley and has a reputation for excellent public school opportunities. The chart below tracks the median sales price of condos and single-family units in Cupertino since 1994. The interesting statistic is the 100+% increase in median sales price in single-fami- ly units between 1999 and 2001. This was the period of the "super -charged" housing market in Silicon Valley and other areas of California. Using traditional financial formulas, low and moderate -income households are no longer able to purchase the average home in Cupertino. For example, in order to be able to afford to purchase a home at the median sales price of $1.2 million in Cupertino in 2001, a household would need an income of approximately $341,839 annually. This assumes a 20% downpayment of $240,000 and a 30 -year traditional mortgage at 8% interest. The monthly mortgage payments would be $7046.00. Property taxes and insur- ance are estimated annually to be 1.5% of the purchase amount. The total principal, interest, taxes and insurance cost' (PITI) is $8,546.00 per month. Using normal afford- ability measures, the household should pay no more than 30% of their income for hous- ing. Therefore, in order to "afford" the $8,546.00 monthly payment, a household TASK FORCE DRAFT GENERAL PLAN income of $341,839 per year would be need- ed. The $341,839 household income figure far exceeds the average income of low and moderate income households in Cupertino. The average sales price of a condomini- um in Cupertino was $550,000 in January 2001. Using the same formula calculations as identified above, a household would need an income of $124,359 annually to afford the PITI cost of $3109.00 per month. This household income figure again exceed the maximum income limits for low and moder- ate income households. While homeownership is out of reach for low'and moderate -income households at current median prices, the rental market does not provide many more opportunities. According to a rental housing survey con- ducted in Cupertino in December 2000, the average rent for a multi -family rental unit was $2,353 per month. The average rent by bedroom size was as follows: Figure 16. Average Rental Costs. Bedroom Size Average Monthly Rent Studio $1,655 1 Bedroom $1,967 2 Bedroom $2,185 3 Bedroom $3,207 Average for All Sizes $2,353 Source: RealFacts, Novato California December 2000 The survey included over 4,000 apart- ment units in 22 different properties. This represents almost all of Cupertino's multi- family housing stock of 5+ unit properties. The same survey also tracked the change in average rental costs from 1993 to 2000. During that time period, the average rent has increased from $962 to over ,$2000 per month. The time period again with the largest percentage gain was from 1999-2001 which the average rent increased by approx- imately 25%. As discussed previously on page 9 of this document, one of the housing issues of concern in Cupertino is the situation where households `overpay" for housing. Typically, overpaying for housing occurs when a house- hold pays more than 30% of their income for housing costs. The chart below (Figure 17) illustrates the gap between the household incomes of low and moderate -income households and the current housing costs in Cupertino. The chart compares typical low and moderate income households and the amount they should be paying for housing as compared to the actual housing costs. The "affordable" housing payment is based on 30% of the household's maximum income level. The average rent and house payments are the same as those identified on the previous page PROJECTED HOUSING NEEDS of this document. The shaded areas of the column indicate those housing units where the households would be "overpaying" for housing. In all instances but one, the low and moderate income households cannot afford the average rent or house payment in Cupertino. If they paid the average, they would be overpaying for housing. The only exception is the moderate income household who can afford the average rent but cannot afford to purchase a condo or a single-family home in Cupertino. 3. PROJECTED HOUSING NEEDS According to State Housing Element Guidelines, Housing Elements must include an analysis of the number of housing units to be built, rehabilitated, and conserved in order to meet the locality's current and future housing needs. Following is an analy- sis of Cupertino's new construction (Regional Housing Needs), rehabilitation and conservation needs. Red shaded areas indicate those situations where the household would be overpaying for housing; that is, paying more than what they can "afford" to pay. Figure 17. Comparison of Household Income Levels to Average Housing Costs. TASK FORCE DRAFT GENERAL PLAN B-21 House House Household "Affordable" Average Payment Payment for Income and Size Housing Rent for Average Payment Average Single -Family Condo Unit Household on Fixed Income (e.g. Social Security) of $700 $ 210 $2,353 $3,1,09 per month Very Low Income $�'�3� �, � $ 1,101) $S,54() (4 Persons) Low Income $1,>>3 $',353 $?,109 $8,546 (4 Persons) Moderate Income $2619 $2,353 $3,I09 $8,746 (4 Persons) Red shaded areas indicate those situations where the household would be overpaying for housing; that is, paying more than what they can "afford" to pay. Figure 17. Comparison of Household Income Levels to Average Housing Costs. TASK FORCE DRAFT GENERAL PLAN B-21 B-22 TECHNICAL APPENDIX B: TECHNICAL REPORT Adequate Sites To Accommodate New Construction Need (1999-2006) Determining the Regional Housing Needs in a community has been the responsi- bility of regional "Council of Governments" in past years. The State of California provides population estimates to each regional govern - merit in the State and the regional govern- ment then allocates estimated housing units needed among member communities. ABAG (Association of Bay Area Governments) is the regional Council of Government that represents Cupertino and neighboring com- munities in the Bay Area. During 1999-2000, ABAG developed the "Regional Housing Needs Determination" for its member com- munities and, on March 15, 2001, the ABAG Board of Directors certified the final num= bers. The estimated number of housing units needed as determined and certified by ABAG reflect the planning period from January 1, 1999 to June 30, 2006. According to the certified ABAG esti- mates, Cupertino has a need for adequate be lower income (very low and low income) households, or 610 total new lower income households. The remaining 2,110 house- holds or 77.6% of the total were estimated to be moderate or above . moderate -income households. The exact breakdown of the income groups is as follows: Very Low Income 412 households (15.2%) Low Income 198 households ( 7.2%) Moderate Income 644 households (23.7%) Above Moderate 1,466 households Income (53.9%) TOTAL 2,720 households (100%) The definitions of income used in the ABAG plan reflect the income definitions used by the State of California. See pages 8- 9 in this document for further descriptions of income determinations. sites to accommodate 2,720 new housing units between 1999-2006. This estimate was developed by ABAG based on various fac- The ABAG new construction need tors including projected population, job was certified in 2001 and reflects the period gfrom January 1, .1999 to June 30, 2006. Since growth, land availability, vacancy rates and this Housing Element document was written replacement housing needs. and adopted in 2001, it is important to adjust After determining the number of addi the totals in order to reflect the .units that tional households expected by the end of the have been added to the stock between planning period,. ABAG further quantified January 1, 1999 - January 1, 2001. future households by income level. The goal of this analysis was to distribute lower According to data from the Department income households equitably throughout a of Finance (DOF), State of California, region thereby avoiding undue concentra- approximately 1,886 units were added to the tions of very low and low-income households housing stock between January 1, 1999 and in one jurisdiction. January 1, 2000. The number of units in January 1999 was 17,417 and the number in For the City of Cupertino, the ABAG January 2000 as reported by DOF was goal is that 22.4% of all new households will 19,303—resulting in a net increase of 1,886 TASK FORCE DRAFT GENERAL PLAN units. However, in March of .1999, 1,562 units were added to the City's housing stock due to the annexation of Rancho Rinconada. These 1,562 units were existing units and cannot be counted as newly constructed units. Therefore, 1,562 units must be sub- tracted from the total 1,886 units added to the City's housing stock from 1999-2000. The net number of units that were actually newly constructed units and added to the housing stock is 324 units from 1999-2000. At the time this Housing Element was prepared, the January 2001 DOF figures were not available. Therefore, in order to account for housing units estimated that were added to the housing stock in 2000-2001, the num- ber of building permits issued for that time frame was identified. From January 1, 2000 to December 31, 2000, there were 71 building permits issued in Cupertino for single-family and multi -family housing. These 71 permits added to the 324 net increase in units identi- fied previously indicates that 395 housing units were added to the housing stock between January 1, 1999 and January 1, 2001. Figure 18. Regional Housing Need Adjusted by Housing Unit Change, 1999- 2001 Regional Housing Need, 1999-2006 2,720 units (324 units) Dept. of Finance, 1999-2000 (71 units) Building Permits, 2000-2001 REVISED 2,325 Units Regional Housing Need, 2001-2006 PROJECTED HOUSING NEEDS B-23 Since the ABAG data reflects the 1999- 2006 time period, the new construction esti- mate must be adjusted by the number of units added to the housing stock between 1999- 2001. Therefore, the total 2,720 new con- struction need as estimated by ABAG needs to be adjusted by 395 units. This adjustment results in a revised January 1, 2001 to June 30, 2006 new construction need of 2,325 units (2,720 units less 395 units). If this revised figure is divided by the 5.5 year time frame, then the annual new construction need is revised to 422 units per year. The new construction estimate is com- posed of different household income groups as explained previously in this section. In addition to revising the total new construc- tion estimate, the number of units provided in the 1999-2001 time frame for very low, low and moderate -income households needs to be identified and the total adjusted for those units. Listed below are those units that have been added to the housing stock in the two-year time period according to household income level. The City's new construction need must be adjusted for the number of affordable units provided during the time frame of 1999-2001. The revised figures are presented in the table below (Illustration #20). After accounting for the 34 very low income units produced between 1999-2001, the revised need for very low income units from 2001-2006 is 378 units. The low-income need is revised to 188 Louts and the moderate -income need is 626 units. The above moderate income need is estimated to be 1,133 units. TASK FORCE DRAFT GENERAL PLAN B-24 TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT Household Development or Status as of Total Units Income Level Program Spring, 2001 Arioso Apts. Built 10 Units 19608 Pruneridge Very Low Income Heart of Cupertino Construction 24 Units Vista Drive Begins in 2001 Low Income Arioso Apartments, Built and Occupied 10 units 19608 Pruneridge Moderate Income Below Market Built and Occupied 18 units Rate For Sale Units Figure 19. New Affordable Units Produced, 1999-2001., Original Estimate: Units Produced: Revised Estimate: 1999-2006 1999-2001 2001-2006 Very Low Income 412 units 34 units 378 units Low Income 198 units 10 units 188 units Moderate Income 644 units 18 units 626 units Above Moderate Income 1,466 units 333 units 1,133 units TOTAL 2,325 Units Figure 20. Revised New Construction Need by Income Level, 2001-2006. Conservation of Affordable Units income uses (Statutes of 1989, Chapter 1452). This was the result of concern that In 1989, State Housing Element law many affordable housing developments was amended 'to require that all Housing throughout the country were going to have Elements include additional information affordability restrictions lifted because their regarding the conversion of existing, assisted government financing was soon to expire or housing developments to other non -low could be pre -paid. Without the sanctions TASK FORCE DRAFT GENERAL PLAN PROJECTED HOUSING NEEDS imposed due to financing, affordability of.the Potential for Conversion to Market units could no longer be assured. Rate: Very Low Risk Following are the required components The Section 8 subsidies for this project to be discussed in an analysis of the corer.-" are not due to expire until 2015, which vation of the "at risk" units in a community. is later than the 5. -year planning period of this Housing Element. Further, this 1. Description and Identification of project is considered a low-risk for con - Potential "At Risk" Projects version to market rate because it is ® Federally -Assisted Projects owned by a non-profit organization. ®State and LocallyAssisted Projects 2. Project Name: Sunnyview West 2 Cost Azalsisof Preserving "At Risk,' - Project Address.. 22449 Cupertino Rd. Units Governmental Financing: HUD 202/8 3. Resources for Preservation Total Number of Units: 100 Units ® Public Agencies and Non Profit Number of Assisted Units: 100, Units Housing Corporations Expiration Date: May 31, 2004 4. Quantified Objectives for "At Risk" Potential for Conversion to Market Units Rate: Very Low Risk Projects that are subject to an evalua- This development renewed its Section 8 tion of their "at risk" potential are listed on contract for another five year period in the following pages. The projects are. identi- 1999. The new expiration date is May " fied according to their primary funding source. 31, 2004• The development is owned by a non-profit organization which has indicated- that it will renews the assis- IFederally Assisted Projects: tance again in 2004. However, with fed - There are two projects located in the eral funding, there is always a concern City of Cupertino that have been assisted with whether sufficient subsidies will be -25 HUD finaricina and could be eligible for pre- available in the future. Therefore, the payment or expiration of Section 8 contracts. City needs to monitor this development The source Of this data is the "HUD -Assisted and, beginning in late 2003, must initi- Multifamily Housing: City of Cupertino" ate contact with the owner and HUD printout from the California Housing and ensure that the units will continue Partnership Corporation, November 2000 to remain affordable. 1. Project Name: Le Beaulieu OTHER FEDERAL PROGRAMS: (also known in HUD data as There are 5 Section 8 Moderate Cupertino Community) Rehabilitation units .iii Cupertino. The ton - Project Address: 10092 Bianchi Way tracts for these units are expected to expire Governmental Financing: HUD 202/8 in the 2001-2006 time frame. There are not Total Number of Units: 27 Units any units previously financed. with Farmers Number of Assisted Units: 27 Units Home Administration fiends. Expiration Date: September 12, 2015 . TASK FORCE DRAFT GENERAL PLAN B-26 TECHNICAL APPENDIX B: HOUSING LAICAL REPORT State and Locally Assisted Projects State -Assisted Projects: 1. Project Name: Stevens Creek Village Project Address: 19140 Stevens Creek Boulevard Governmental Financing: CHFA/City Financial Assistance Total Number of Units: 40 Units Number of Assisted Units: 40 Units Potential for Conversion to Market Rate: Very Low Risk Stevens Creek Village is Located at Stevens Creek Boulevard and Tantau Avenue As identified in the previous section, there is one development that has been iden- tified as having subsidies/rent agreements expire during the time period of this Housing Element. The Sunnyview West develop- inent, however, is owned by a non-profit group and it is considered at "low risk" for converting. Nonetheless, an analysis of the cost of preserving these units, should they be at threat of converting to market rate, is required and is detailed below. If any or all of these 100 affordable units are converted to market rate housing, the loss to the community could be signifi- cant. The cost of producing *an affordable unit to replace a: lost unit is extremely high. TASK FORCE DRAFT GENERAL PLAN For example, staff from Mid -Peninsula Housing Coalition report that it cost approx- imately $237,500 in 2000-2001 to build an affordable fancily unit in a community locat- ed near Cupertino. They also developed eld- erly units in an adjacent development, which were smaller in square footage (550 average square feet per unit) and cost $124,500 to develop. The cost of acquiring the affordable units in order to preserve them as long-term affordable units would also be expensive. It is assumed that either a public agency or a non- profit would acquire the units and then reha- bilitate them, if necessary. Because the mar- ket value to acquire the units would probably be based on competitive private market val- uations, the units would be expensive to acquire. Discussions with local realtors indi- cate that it would be reasonable to assume an average cost of $150,000-200,000 per unit. This is of course an average cost as the actu- al cost would be dependent on such variables as unit size, location, condition, etc. The total number of units in the Sunnyview West development identified as. potentially "at risk" is 100 units. If all of these units needed to be acquired/rehabilitated in order to pre- vent them from converting to market rate units, the total cost would be approximately $15 million — $20 million dollars (using an average figure of $150,000-200,000 per unit for acquisition/rehabilitation). To replace the units with new construction affordable units would be even more expensive. Public Agencies The City of Cupertino could utilize HOME funds to assist in preserving at -risk. units. Further, the City's Affordable Housing Fund could also be used. At the time that this Housing Element was written, the City had established a Redevelopment Agency but had not yet initiated collection of tax - increment revenues. When those revenues are collected, the minimum 20% housing set-aside could also be used to preserve at risk housing. The Housing Authority of Santa Clara County administers the Section 8 existing certificate and voucher program in Cupertino. Although it does not currently own or manage any affordable housing devel- opments in. Cupertino, 'it could fill that role in the future. Non -Profit Agencies In addition to the two public agencies identified, above, Cupertino is fortunateto have several active non-profit agencies involved in affordable housing. Examples of non -profits active in Cupertino include Cupertino Community Services, Mid - Peninsula Housing Coalition,. Community Housing Developers, and Habitat for Hurnanity. These non -profits are examples of potential ;partners that the City could approach in preventing affordable units from converting to market rate units. As part of the objectives of this Housing Element Update, quantified objec- tives were established for the construction, rehabilitation and conservation of units (see Chapter 8, "Housing Program Strategy: 2001-2006"). Included in those objectives is the preservation of the one development identified as potentially being at risk (con- sidered a "low risk') for conversion in the 2001-2006 time frame. The specific objec- tive is the preservation of the 100 affordable units at Sunnyview West. Specific program i t; ns in-lude the active monitoring by RESOURCE INVENTORY B-2 that the units continue to remain affordable after the expiration date of May, 2004. 4. RESOURCE INVENTORY Land Inventory In preparing for this 200.1-2006 Housing Element document, City staff con- ducted a thorough study evaluating the amount of vacant and underutilized land in Cupertino. A parcel -by -parcel review of the City's data base, was conducted and all vacant, underutilized and infill parcels were identified. These parcels included residen- tially -zoned land as well, as other designa- tions such as commercial, quasi -public use, mixed use and industrial. The land inventory indicates that there is sufficient land zoned at residential densi- ties and with residential General Plan desig- nations to accommodate 947 additional units. These calculations were based on vacant and underdeveloped land in.the City with no infrastructure constraints. The 2001-2006 revised Regional Housing Needs estimate indicates that the City should be planning for 2,325 new units during that time frame. Therefore, the information from the land survey indicates that there are not sufficient adequate. sites to address the esti- mated five-year need. The City plans to address this need by implementing Programs # 1 and 2 in the Housing Strategy chapter of this document (pages 53-54). Program #1 supports the provision of 1,378 units in planned districts of the City which allow mixed-use and residential use. Program #2 commits the City to change the land use des- ignation on some parcels in those planned districts in order to accommodate a mini - ICity staff beginning in late 2003 to ensure mum density level of 20-35+ units per acre. B-28 TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT An important consideration in evalu- ating land availability is the amount of land zoned at appropriate densities for very low, low and moderate -income households. In Cupertino, it is anticipated that affordable housing for very low and low income house- holds can be accommodated in the range of 20-35 units or higher per acre. The recently approved 24 -unit "Heart of Cupertino" development was approved at a density range of 20 units per acre. All of the units will be affordable to either very low or low-income households. This development indicates that projects affordable to very low and low- income households can be built at the range of 20 units or higher in Cupertino. The chart below (Figure 21) summa- rizes the land availability in the City in com- parison to the City's Regional Housing Need Allocation. As the chart indicates, there is sufficient existing residential land zoned at 20-35 units per acre to accommodate 326 very low or low-income units. This leaves a . remaining balance of 240 unitsin the very low and low-income categories. It is estimat- ed that these 240 units can easily be accom- modated by the actions identified in Programs #1 and 2, as described previously. Programs #1 and 2 identify land that can accommodate 1,378 units on parcels of 20 units per acre or higher density. In fact, the majority of these 1,378 units are expected to be developed on parcels with densities of 30 or more units per acre. This type of density range can produce units affordable to very low and low income households, as well as moderate and above -moderate income households. Financial Resources The City of Cupertino has several Figure 21. Projected Housing Need and Laird Availability. Household Number of Existing Acreage Units Possible Remaining Income Units Needed Available with with Available Units Still Category and 2001-2006 Appropriate Acreage, 2001 Needed Density Range Zoning and 2001-2006 Infrastructure Availability Very Low 378 Very Low 16 Acres 326 Units 240 Units. and Low Income 188 Low 20-35+ units per acre 566 Units Total Moderate Income 626 Units 12 Acres 182 Units 444 Units 15-20 units per acre Above Moderate 1,133 Units 29 Acres 439 Units* 694 Units < 15 units per acre TOTAL 2,325 Units 57 Acres 947 Units 1,378 Units * Of.the total projected 439 units, 119 are hillside parcels that require road and sewer/water improvements. The cost to develop these parcels will be greater than normal because of the exnense.s invnived with their site intnrovements. T.SSK FORCE DRAFT GENERAL PLAN sources of funding available for affordable housing development. These funding resources include "Community Development Block Grant" (CDBG) funds, HOME funds, Emergency Shelter assistance and the City's Affordable Housing Fund. Along with other communities in Santa Clara County, the City of Cupertino partici- pates in the County HOME Consortium Program. In addition, Cupertino is a member of the "Urban County" which receives CDBG, Emergency Shelter Grants and Shelter Plus .Care Program funds. HOME fiends are typically awarded on a competitive basis to projects in, the County that develop new affordable units or acquire/rehabilitate existing units. CDBG funds are more flexible and can be used for affordable housing, eco- nomic development, public facilities and services. For 1999-2000, the County super- vised the expenditure of approximately $.4,500,000 in funds. Approximately $2.6 million of that. amount was CDBG funds, another $450,000 was HOME funds and the remainder were Emergency Shelter and Shelter Plus Care funds. There were several Cupertino pro- grams/projects that were funded with Urban County funds in that same 1999-2000 pro- gram year. Cupertino Community Services (CCS) received funding to administer the "Rotating Shelter Program and other home- less support services. CCS also received approximately $600,000 in CDBG funds for the "Heart of Cupertino," an affordable housing development for 24 very low and low-income households. In addition, the City used CDBG funds to administer the housing rehabilitation program and other general administrative activities. Finally, Cupertino benefits from some countywide activities funded by the Urban County such RESOURCE INVENTORY as Fair Housing funding, Support Services to Elderly, Disabled and Single Parents .and Conxinuum of Care planning and funding activities. The City expects that it will be desig- nated, an "Entitlement" community for fed- eral housing funds in the federal fiscal year of 2002-2003. Once this designation is official, the City will be awarded CDBG funds direct- ly from `HUD. The City will also have the option of ."opting out" of the HOME Consortium ' at the appropriate time and receiving HOME funds directly from HUD. Based on CDBG funding directly to other communities that are the approximate popu- latiori size of Cupertino, it is anticipated that the :City will receive between - $300,000- 400,000 annually in CDBG funds once it receives the Entitlement designation. Itis further expected that the City will continue to allocate the federal funding resources to continue the housing rehabilitation program assistance and to provide financial assistance to acquisition, rehabilitation or new con- struction of affordable housing. A significant funding source that the City directly administers is the "Affordable Housing Fund." This fiend is capitalized with in -lieu fees collected through the. Office and Industrial Mitigation Plan and the "Below Market Rate' Program. The total amount of furd8 'collected in the fund since 1993 is approximately $2.3 million dollars. Of that amount, the City has allocated $986,893 to various affordable housing developments and programs and has also set-aside $1.2 million dollars for the "Heart of Cupertino" 24 -unit affordable housing development. Please see the ;appendix to this document for more information regarding the Affordable Housing Fund income and expenditures. TASK FORCE DRAFT GENERAL PLAN B-29 B-30 TECHNICAL APPENDIx B: HOUSING TECHNICAL REPORT The City has also established a Redevelopment Project Area but has not yet started to collect tax increment funds. Once those tax increment funds have started to accrue, 20% of the funds must be designated for affordable housing activities. Once the funds have begun to accrue,the City has esti- mated that approximately $579,000 could be generated in housing tax increments from 2001-2005. In addition to the funding resources identified above, there are other resources available for affordable housing develop- ment. These funds are usually available on a competitive basis with each funding source utilizing certain "threshold" project require- ments. Examples of some of these funding resources include: 1. State of California, Department of Housing and. Community Development loan and grant programs, 2. California Housing Finance Agency, 3. Federal/State Low Income Housing Tax Credits, 4. Federal Home Loan Bank, Affordable Housing Program, 5. Privately -Capitalized Funds, such as the Sobrato Affordable Housing Fund and the Housing Trust Fund of Santa Clara County. 5. AFFORDABLE HOUSING OPPORTUNITIES This chapter of the Housing Element summarizes the current range of affordable housing opportunities in Cupertino. Included in this chapter is information regarding housing programs sponsored:by the City of Cupertino as well as other housing TASK FORCE DRAFT GENERAL PLAN programs that are federal or state funded and operative in Cupertino. Also a summary is provided of all of the affordable housing developments in the community as well as a listing of non=profit agencies currently active in the Cupertino area. City Sponsored Housing Programs The City of Cupertino supports and/or administers several housing programs. Listed below is a brief description of those pro- grams. HOUSING REHABILITATION PROGRAM Funds are available through this pro- gram to assist very low and low-income. homeowners with repairs to their housing units. The program is administered by the County of Santa Clara, Housing and Community Development, on behalf of the City. In addition, assistance is available to Cupertino households for minor home repairs and accessibility improvements through a program administered by ESO. (Economic and Social Opportunities). HOUSING MITIGATION PROGRAM A. Office and Industrial Mitigation The Office and Industrial Mitigation Program acknowl- edges housing needs created by the develop- ment of office and industrial projects. A fee is applied to new development of office and industrial space in the City. The fees collect- ed are deposited in the City's Affordable Housing Fund and are to be used for the pro- vision of affordable housing. B. Residential Mitigation The City's Residential Mitigation Program applies to all new residen- tial development of one unit or greater. Residential developers are required to desig- nate at least 10% of the units in a develop - W AFFORDABLE HOUSING OPPORTUNITIES ment as affordable. These units are identified nizes the high cost of securing rental hOus- .as the "BMR" (Below Market Rate) units. For ing. The program is geared to classroom developments of 1-9 units, the developer may teachers in public or private schools who pay a fee in lieu of building the units. All meet income criteria. Apartment owners/ affordable units developed under the BMR managers who agree to participate in the program must remain affordable for 99 years program require no more than 20% of the from the date Of first occupancy and, if for sale monthly rent as a security deposit from qual- units are resold during that period, a new 99 ified teachers. This reduced security deposit year time period is established. hopefully makes it more financially feasible for a teacher to move into rental housing. AFFORDABLE HOUSING FUND The City administers the Affordable MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM Housing Fund which is currently capitalized- The MCC program provides assistance with fees paid through the Housing to first-time homebuyers by allowing an eli- Mitigation Program. Potential options forgible--purchaser to take 20% of his or her use of the housing funds include: annual mortgage interest payment as a tax credit against federal income taxes. Santa a. Development of new affordable units. Clara County administers the MCC Program b. Conversion of existing market rate on behalf of;the jurisdictions in the County, units to affordable units. including Cupertino. The program does establish maximum sales price limits .on units c. Down payment assistance programs. assisted in this program and,. due to the. high d. Second mortgage programs. Housing costs in Cupertino, there have been few households assisted in Cupertino in Please see the appendix for a summary of the activities funded historically with Affordable Housing Funds. CUPERTINO COMMUNITY SERVICES Cupertino Community Services (CCS) is a non-profit organization that assists .in administering housing programs on behalf of the City of Cupertino. CCS administers the "Rotating Shelter" program for homeless individuals and also. manages a transitional housing facility. Further, CCS acts as the administrative agent on behalf of the City in managing and monitoring the "BMR" pro- gram. �M OVE IN FOR LESS"P ROGRAM In cooperation with the Tri -County Apartment Association, this program recog- recent years. SECOND UNIT PROGRAM The City's Second Unit Ordinance allows an additional unit to be built on ares- idential parcel. The objective of this Ordinance is to encourage additional. units on already developed parcels, such:as parcels with single-family dwellings. DENSITY BONUS ORDINANCE The City's . Density Bonus Ordinance allows a 25% increase in density for develop- ments greater than 5 units that provide a proportion of units for very low or low income households or Housing for senior cit- izens..In addition to the density bonus, cer- tain "concessions" can 'also be provided to the development, which can include: TASK FORCE DRAFT GENERAL PLAN B-31 B -J 2 TECHNICAL APPENDix B: HOUSING TECHNICAL REPORT a. Reduction of Parking Requirements, b. Reduction of Open Space Requirements, C. Reduction of Setback Requirements, d. Approval of Mixed Use Zoning, e. Reduction of Park Dedication Fees, f. Reduction of application or construc- tion permit fees, or g. Provision of tax-exempt or other financial assistance. Housing Agencies or Organizations Cupertino is fortunate to have a num- . ber of non-profit organizations that are involved in affordable housing opportunities. Listed below are examples of organizations active in Cupertino at the time that this Housing Element was prepared. Cupertino Community Services Mid -Peninsula Housing Coalition BRIDGE Housing Community Housing Developers Habitat for Humanity Project MATCH Other Housing Programs or Services Catholic Charities SECTION 8 RENTAL ASSISTANCE PROGRAM Adults Toward Independent Living, The Housing Authority of the County Pacific Autism Center for Education of Santa Clara manages the Section 8 rental assistance program. In June 2001, the Housing Authority reported that there were 27 Housing Choice Vouchers and 5 Moderate Rehabilitation contracts being used by households residing in Cupertino rental units. SUPPORT SERVICES PROVIDED By NON-PROFIT AGENCIES Shared Housing Shared Housing Programs are administered by two different agencies in the Cupertino Area. Project MATCH pro- vides services to senior households in finding shared housing opportunities and Catholic Charities administers a similar program for single parent households. Fair Housing Assistance with discrimination or other fair housing issues is provided through the Santa Clara County Fair. Housing Consortium. TASK FORCE DRAFT GENERAL PLAN AFFORDABLE HOUSING OPPORTUNITIES B-33 Figure 22. Su»Zmary of Affordable Housing Units, City of Cupertino, June, 2001. Development iVame and Tenure'. iVurn er of Household; Income , Address Affordable Units Very Low. or Low Moderate Affordable Developments Sunnyview West Rental 100 100 22449 Cupertino Road Stevens Creek Village Rental 40 40 19140 Stevens Creek Boulevard LeBeaulieu Apartments Rental 27 27 10092 Bianchi Way CCS Transitional Housing Rental' 4 4 10311-10321 Greenwood Ct. Park Circle East Rental 8 8, 20651-20653 Park Circle East Beardon Drive Rental 8 8 10192 -10194 Beardon Drive TOTAL 187 187 Group Homes Adult Toward Independent Rental 8 Persons Living Group Home Group 19147 Anne Lane Home Pacific Autism Center for Rental 12 Persons Education Group Homes at: Group Total 19681 Drake Drive Home 7576 Kirwin Lane Simms House Group Home 5 Households Below Market Rate (BMR) Rental Units City Center Apartments Rental 4 4 20380 Stevens Creek Blvd. The Hamptons Rental 34 34 19500 Pruneridge Avenue Arioso Apartments Rental 20 20 19608 Pruneridge Avenue Forge -Homestead Apartments Rental 15 15 20691 Forge Way Aviare Apartments Rental 22 22 20415 Via Paviso Chateau Cupertino Rental 10 10 10150.Tone Avenue TOTAL 105 105 Below Market Rate (BMR) For Sale Units Homeowner units are scattered Ownership 35 35 throughout City B-34 TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT Comments in the 6. REVIEW OF 1993 margin are a HOUSING ELEMENT summary of the progress made The City's previous Housing Element from 1993-2000 was adopted in 1993. In order to effectively in achieving the plan for the future, it is important to reflect original goals and back on the goals of the 1993 Element and to policies. identify those areas where progress was made and those areas where additional effort is r... ` needed. In fact, the State Housing Element THE "HEART of ',. guidelines require communities to evaluate THE CITY'S SPECIFIC PLAN their previous Housing Element according to WAS ADOPTED IN .. the following criteria: 1995• • Effectiveness of Element, • Progress in Implementation, and T14E'HousIN6W ` MITIGATION'. - Appropriateness of Goals, Objectives PROGRAM HAS and Policies. GENERATED T40 /BMR UNITS. `RENTAL AND ow15ERSHIP Effectiveness of Element UNITS The following goals, policies and pro- grams were developed and included in the original 1993 Housing Element. The plan- ning period originally intended for the 1993 document was for the time period from 1990- 1995. Comments in the margin are a sum- `. 4fi izou rm mary of the progress made from 1993- �� r 2001 in achieving the goals and policies s " . and in establishing the programs. An addi- tional reference table is included in this document beginning on page 84. G�@D� k j( A EXPAND THE SUPPLY OF RESIDENTIAL L ' UNITS FOR ALL ECONOMIC SEGMENTS TO ACHIEVE GREATER OPPORTUNITY FOR CURRENT AND FUTURE CUPERTINO EMPLOYEES AND RESIDENTS TO OBTAIN HOUSING. Policy 3-1: Housing Potential Provide for approximately 1,500 units in the existing non-residential areas. i TASK FORCE DRAFT GENERAL PLAN Strategy: Prepare specific plans for planning dis- tricts where change is proposed and incorporate the allowed number of units in each district into the plan. The "Heart of the City" specific plan will indicate the number of and densities for 500 units. Housing sites for the Vallco, North De Anza and Bubb Road Plainning District will be designated when Specific Plans are prepared. Allowed average density.is approxi- mately 20 units per acre in the above mentioned. areas. Policies 3-26 to 3-40 describe the housing mitigation pro- gram required for new office/industrial and residential development. New office/industrial development must pay a fee in -lieu of the development of affordable housing. New residential de- velopment must provide 10% BMR units. The residential mitigation pro- gram would create approximately 150 affordable units, since 10% BMR units are required, and since most projects would occur in these areas. The afford- able units would be located on any of the identified sites, and would be incor- porated into the residential project if it were a mixed income development. Policy 3-2: Total Allowed Housing Units Allow a total of 2,587 new housing units. The sources of new housing are: Neighborhoods and hillsides 1783 units Planning Districts 1484 units Total .3267 units Since the total units exceed 2,587, the Appendix B sites are guaranteed con- sideration for development. The 1,484 REVIEW OF IOQ3 HOUSING ELEMENT units shown in Appendix C are a pool, Policy 3-7: Additional Study Areas with the total allowed to be built City- Other areas to consider which require wide not to exceed 2,587. more study are: ® Policy 3-3: Promotion of Neighborhood Housing Promote development of neighbor- hood housing potential by providing property owners with information about the development process. ® Policy 3-4: Density Bonus Encourage high density affordable housing with density bonuses. Policy 3-5: Mandatory Residential Locations Consider specific locations for manda- tory residential or mixed use: • Bandley Drive, in North De Anza Boulevard area • Bubb Road • Portions of Stevens Creek Boulevard: - North side: between the west boundary of the "Magic Wok" on Saich to Stelling, - South side: between the west boundary of Union Church and Stelling Study these areas to determine the fea- sibility of mandatory residential or mixed use and rezone them if deter- mined feasible. Policy 3-6: Surplus School and Church Site Development 3 Consider surplus school and urban church sites for higher density and mixed use housing. • Stelling between 280 and Stevens Creek • Rancho Rinconada near Cupertino High School • Monta Vista area near railroad tracks Policy 3-8: Transfer of Development Credit Density Bonus Allow a density bonus if a transfer of development credit (TDC) program is adopted which allows transfer of potential residential units from one location to another. Policy 3-9: Discount Parking Standards Discount parking standards for mixed use developments. Policy 3-10: Development Standards Set landscaping, open space and set- back standards so there are minimum standards that must be met. Policy 3-11: Design Standards Set high standards of design for high density/mixed use projects to ensure high quality development and to reduce off-site impacts. Policy 3-12: Accessory Housing Units Allow accessory housing units on cer- tain lots in single family districts. Policy 3-13: Affordable Housing Sites Cooperate with the county, private and non-profit housing developers to identify sites for very low, low and moderate income housing. TASK FORCE DRAFT GENERAL PLAN B-3 5 I_ ALTHOUGH THE CITY PROVIDED A DENSITY BONUS PROGRAM, FEW DEVELOPMENTS HAVE TAKEN ADVANTAGE OF THE PROGRAM'S BENEFITS. 2 THERE WERE NO "MANDATORY" SITES ESTAB- LISHED. 3 POLICY 3-6 WvAs CONSIDERED BUT NO PARCELS WERE DEVELOPED DURING THE TIME I'RAME OE; ` THE HOUSI)`7' ELEtifF"T.. ~ 4" THE TDC PRO- GRAM WAS NEVER ADOPTED. "HEART OF CITY" SPECIFIC AREA PLAN IS AN EXAMPLE OF A CITY PLAN THAT ESTAB- LISHES MINIMUM DEVELOPMENT STANDARDS. SECOND UNIT PROGRAM ACCESSORY UNITS) PRODUCED 14 UNITS, AS OF APRIL 2001 B-36 TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT Policy 3-14: Creative Finance will be identified through census and THE "HEART OF.:: Methods �� `7 other data. Priority will be given to CUPERTINO" '-- AFFORDABLE Foster a conducive environment for Cupertino residents. HOUSING PROJ- ECT IS AN EXAM- attracting low and moderate priced - Policy 3-19: Priority Processing of A PROJECT housing programs financed by other lev- PLE ASSISTED WITH -els of government. The use of mortgage Give priority processing to applications FEDERAL AND revenue bond 'ro ams will be encour- p that provide very low, low'and moder- LOCAL FUNDS aged. All such developments will meet ate income housing to reduce develop - THE 24 -UNIT RENTAL DEVEL- the City's design and service criteria. mens costs associated with time delays. OPMENC HAS, BEEN APPROVED Policy 3-15: County, State and Policy 3-20: Article 34 Referendum AND .WILL BE BUILT ON LAND Federal Programs. Place the issue of affordable housing on OWNED BY THE Participate in available county, state the ballot to obtain Article 34 referen- FIRE DISTRICT. ' and federal. programs that promote or dum authority should this be necessary y y provide housing. to provide for affordable housing. 'TH E'=CITYxAs ® Policy 3-16: HCD Funds - ® Policy 3-21: Market Rate -to COMMITTED Affordable Rental Units APPROXIMATELY Continue to make Housing and $1.2 MILLION " Community Development (HCD) Encourage the conversion of existing FOR THE HEART - OF CUPERTINO" -: _ funds available to developers to help market rate rental units to affordable <<"DEVELOPMENT. defray costs inherent in meeting or rental units. . exceeding the requirements for supply- ing below market rate housing. ® Policy 3-22: Long -Term Leases €, Encourage long-term leases of property s Policy 3-17: HCD Funds Availability from churches, .school districts and cor- Make available HCD or general funds porations for construction of affordable for site acquisition for low and very rental units. s low priced housing. Parcels purchased with HCD or general fiends can be Policy 3-23: Priority Placement made available to private developers or Give first priority in any affordable CourlTrw>r�> AR, Ic x4k a non-profit housing corporation capa- housin pro ects to individuals who g p l REPERENDlJ1 f ble of constructing low and very low reside, work, attend school, or have WAs''APIROVED priced housing. family in Cupertino. ` Policy 3-18: Use of City Funds Policy 3-24: Affordable Rent �oiuz�a Use City fiends for programs that help Schedule ��RTtr�a�. �xous»o�D supply affordable rental housing to low Utilize the City's Affordable Rent ��A P� and very low income households, par- Schedule as a uideline in, setting rents g g > Crrlt's` °B� S ti cularly senior citizens and disabled for new affordable housin g �PRQCfiS, IDE � individualso are on a ea Cita willh Policy 3-25: Rent Schedule Update S contract with non- profit organization or use other mecha- Update the rent schedule each year as w.._.. nisms to supply this housing. Need new income guidelines are received t TASK FORCE DRAFT GENERAL PLAN REVIEW OF ioo3 HOUSING ELEMENT B-3 from the state and federal government. Policy 3-31: On -Site BMR Units s Determine a uniform method for allow- THE CITY HAS Emphasize on-site development Of the COLLECTED ing rent adjustments for affordable BMR units. Second priority would be OFFICE housing projects that are developed. INDUSTRIAL off-site BMR units located within the �trr1C.ATioN FEES City limits. AND THOSE FEES Policy 3-26: Office/lndustrial HAVE BEEN Mitigation Policy 3-32: Land In -Lieu of BMR DEPOSITED IN THE CITY'S Mitigate new office/industrial develop- Allow developers to meet all or a por- AFFORDABLE ment by providing an in -lieu fee as set tion of their BMR requirement by HOUSIN(: FUND. by the City Council. The fee shall be snaking land available for the City or a adjusted annually based upon the Consumer Price Index. non-profit housing developer to con - THF; CITY HAS struct affordable housing �\AIVTD PARI: �Policy 3-27: Waive Fees FEES AND ('(-)N- Policy 3-33: 10% BMR Requirement STRUCTION TAXES Waive park AFFO ark fees and construction tax R"ABLE k p for any affordable units. Require ten percent (10%) of a resi- UNITS. dential development to be BMR units. Policy 3-28: Early Public Involvement Policy 3-34: Waive Fees THF C TY's BMR Involve public from the beginning PROGRAM HAS when affordable housing is planned so Waive park dedication fees for afford- GENEREaCED 105 that there are fewer objections to the able units. AND 35 UNIT - 35 HUMS" project when it goes through the City OWNER UNITS, approval process. Development appli- Policy 3-35: In -Lieu Fee AOR A TOTAL OF cations with affordable units will Assess an in -lieu fee for developments 140 UNrrs. THE PROGRAM receive priority processing to stream- of less than ten units. For develop- REQUIRES 109L', line the process but must still meet ments of ten or more units, a compara- OF ALL NEVV RESI- le al noticingrequirements. ble BMR unit must be developed. The Dr NTIAL IIEVT - g OPMENI TO in -lieu fees shall be collected at the EITHER PROVIDE Policy 3-29: Housing on Employment building permit stage and the fee is to ON-SITE UNITS Center Sites be adjusted annually. OR TO PAY AN IN - LIEU FEE (PROJ" Locate housing Units On employment FCTS OF 9 UNITS center sites or in areas that could be Policy 3-36: BMR Time Requirement OR LESS). designated for higher density housing, Require BMR units to remain afford - such as Bubb Road, Bandley Drive, able for a minimum of 30 years. 4 City Center area, and within 14 miles THE F) 1', M Policy 3-37. Utilization of In -Lieu r QURAM of employment centers. � Y REQUIRES ,"1-i:\T Fees AITORDABILY Y OR Polic 3-30: Residential Participation RESALE RESY FOI Y P Utilize in -lieu fees the City receives in TIONS APPLY Fo1i in BMR Program the following manner (ranked in order A yy YEAR TIME Require every residential development of priority): P MOD. to participate in the BMR program with the exception of affordable hoes- a. Finance affordable housing projects ing developments. in Cupertino. TASK FORCE DRAFT GENERAL PLAN _:`` B-38 TECHNICAL APPENDix B: HOUSING TECHNICAL REPORT l THE CITY HAS .COLLECTED APPROXIMATELY $2 MILLION DOL- LARS IN IN -LIEU FEES'.OVER THE PAST DECADE. PLEASE SEE THE APPENDIX OF THISi.DOCUMENT_ FOR F. DESCRIP- TION OF THE'.. USE_:'. OF THE FUND. A REDEVELOPMENT. - PROJECT AREA HAS -.BEEN.ESTAB- LISHED. THERE w<ERE NQ �GQN��ER6IONS` OF'. AEt\RYTMENTS r`L'Q��€ coNDOI�Irir" n b. Establish a down payment assistance plan that may be used in conjunction with the BMR program or to make market rate units more affordable. The assistance should be in the form of low interest loans and not grants. c. Establish a rental subsidy program to make market rate units more afford- able. In -lieu fees collected from office, industrial and retail development will also be used in this. manner. Policy 3-38: Finance Strategies Investigate and. encourage various financing strategies including, but not limited to, the following: • Local and county bond financing.. • Bank financing of mixed use proj- ects. • , Pension funds as sources of financing. • Transfer tax for sales of property Redevelopment agency reactivation. Policy 3-39.- Housing Endowment Program Create a Housing Endowment Program .for the creation of affordable housing units. Policy 3-40. Adequate Reserves Ensure the long-term viability of affordable housing projects by requiring the developer to provide an adequate reserve for long-term maintenance. Policy 3-41: Mobile Homes and Pre- fabricated Homes Permit the construction of mobile homes and pre -fabricated houses on permanent founda-tions, subject to TASK FORCE DRAFT GENERAL PLAN compliance with zoning regulations, building code and other applicable City regulations. Policy 3-42: Condominium Conversion Conversion of rental forms of multiple family housing to condominiums will not be permitted if the proposal signifi- cantly diminishes the present number of rental units within Cupertino or substantially reduces the ratio of own- ership -to -rental units in effect at the time of the requested conversion. As a general guide, rental units shall not be converted to single family ownership housing when the rental vacancy rate within the Cupertino Housing Market Area is less than 5% at the time of application and has aver -aged 5% over the past six months. The vacancy rate will be determined by surveys con- ducted by the City of Cupertino's 0111 Planning Department. ® Policy 3-43: Conversions Remaining Low/Moderate Income Prior to approving any condominium conversions, ensure that a significant portion of the converted units remains part of the low and moderate income housing stock. Policy 3-44:. Structural Upgrading Prior to approving any condominium conversions, ensure that the project has been upgraded to eliminate any health and safety hazards and to meet current development standards. The city shall also reasonably demonstrate that com- parable replacement rental housing exists within the Cupertino area to accommodate the displaced residents. REVIEW OF I9Q3 HOUSING ELEMENT B-39 ® Policy 3-45: Temporary Emergency tion as possible. The approach should 1 "ROTATING Shelter be service oriented, offering services .THE SHELTER" t; Work with local organizations to such as incentives for rehabilitation. PROGRAM HAS implement a program to provide a BEEN OPERATIVE Policy 3-49: Residential Property AND IS CURRENT - temporary emergency shelter that LY MANAGED BY would rotate monthly among local Maintenance CUPERTINO churches. Encourage citizens to continue to COMMUNITY SERVICES. maintain existing residential properties in a manner which enhances the char - ESTABLISH AND ENFORCE EFFECTIVE acter of Cupertino. G k L GUIDELINES AND REGULATIONS FOR THE CONSTRUCTION OF SAFE, QUALITY HOUS- � Policy 3-50: Code Inspection ING, AND FOR THE MAINTENANCE AND Program IMPROVEMENT OF EXISTING HOUSING. Continue to offer a presale code inspection program for residential Policy 3-46: Maintenance of Public structures. 2 Property THE CITY HAS Continue the high quality mainte- Policy 3-51: Housing Rehabilitation CONTINUED TO nance Ofublic streets, rights of wayLoan Program ENFORCE CUR- RENT CODES AND and recreational areas. Continue the a. Continue participation in the Housing SUPPORTS ALL semi-annual trash pickup program Rehabilitation Loan Program financed NEIGHORHOOD throughout the City and encourage its through the Urban County Housing EFFORTS TO MAINTAIN implementation in the unincorporated and Community Development Block AND/OR IMPROVE area within the City's Sphere of Grant Program. The Rehabilitation RESIDENTIAL Influence. Program provides low-interest rate PROPERTIES. loans and small grants to very low and ® Policy 3-47: Code Enforcement low income households to correct Efforts building code violations and to correct Continue current code enforcement housing deficiencies. The program is efforts within the corporate limits and targeted for owner -occupied units. 3 encourage the Santa Clara County THE CITY HAS Board of SU ervisorS to increase code■ p Policy 3-52: Expansion of CONTINUED TO enforcement in county islands and Rehabilitation Activities PROVIDE HOUSING REHABILITATION land within the City's Sphere of Investigate and pursue other federal, ASSISTANCE Influence. state and coup funded programs ty p THROUGH -rHE URBAN a)UN1Y available for expansion of rehabilita- PROGRAM. ® Policy 3-48: Neighborhood tion activities. ASSISTANCE `VAS Cooperation .AVAILABLE FOR Support local neighborhood improve- Policy 3-53: Substandard Housing BOTH SINGLF,- FAMILY ANT) .: ment districts and homeowner associa- Rehabilitation MULTI-FAAILY tions. In upgrading residential proper- Encourage the upgrading and. rehabili- UNITS. ty, a neighborhood. approach should be tation of substandard housing within used, allowing as much local participa- the City's Sphere of Influence. III I! a. TASK FORCE DRAFT GENERAL PLAN .. B-40 TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT �t Policy 3755- Energy Conservation DEVELOPMENTS. Policy 3-54: Loan Programs THE �CrrY HAS Actively promote energy conservation ACTTYELY Provide information on loan programs. ENFORCED TITLE Periodic features in the local media ' 2q. REGULATIONS will be encouraged. AND ENCOURAGES vation aiid its impact on housing costs ENERGY CONSER- should be explored to ensure that any VATION IN ALL Policy 3755- Energy Conservation DEVELOPMENTS. Techniques Actively promote energy conservation techniques and energy efficiency in build- ing design, orientation and construction. The relationship between energy conser- vation aiid its impact on housing costs THE -SANTA _.CLARA COUNTY �� should be explored to ensure that any Nj,P HouSTNG ,. selected program does not reduce the sup- CONSORTIUlvi ply of affordable housing. ASSISTS ... C 7 WIN Policy 3-56: Solar Energy Re-examine the residential zoning ordinance to ensure that limitations regarding mechanical apparatus do not unduly inhibit solar energy use. ® Policy 3-57: Energy Conservation Programs Investigate and pursue information regarding energy conservation pro- grams or policies that are being imple- mented by other California cities. CESTABLISH A COMMUNITY IN WHICH ALL PEOPLE, REGARDLESS OF THEIR ETHNIC, RACIAL, RELIGIOUS BACKGROUND, INCOME, MARITAL STATUS, SEX, AGE OR PHYSICAL HANDICAP HAVE AN EQUAL OPPORTUNITY TO OBTAIN HOUSING. PROMOTE THE EQUI- TABLE SOLUTION OF SOCIAL AND TECHNI- CAL PROBLEMS CONCERNING PROPERTY OWNERS AND RESIDENTS. Policy 3-58: Discrimination. Support efforts of organizations which are working toward eliminating dis- crimination in the Cupertino area. TASK FORCE DRAFT GENERAL PLAN Policy 3-59 Voluntary Mediation Board Refer landlord/tenant complaints to a voluntary mediation board established by the City and operated by Project Sentinel. Progress in Implementation To assess the City's progress in imple- menting the 1993 Housing Element, the fol- lowing key areas were reviewed. 1 PRODUCTION OF HOUSING The 1993 Housing Element identified a 5 -year need for new construction of 2,587 units total. The time frame for the produc- tion of these units was 1990-1995. From 1990-1995, 264 new housing units were added to the City's housing stock. These 264 units represent 10% of the 2,587 unit goal for the five-year time frame. However, over the longer time period of 1990-2000, the average rate of production was 200 units per year or approximately 2,000 units total for the 10 - year period. 2. CONSERVATION OF HOUSING UNITS The 1993 Housing Element (pg. 3-19) included four objectives,for the conservation of units. a) The 5,900 existing rental units were preserved because there were no con- versions to condominiums. Objective Achieved b). The 27 units for disabled households (Le Beaulieu) were preserved as well as the 20 units in congregate care resi- dences. Objective Achieved c) In 2001, there were 27 Section 8 hous- REVIEW OF 1993 HOUSING ELEMENT ing choice vouchers being utilized in development„ at high residential develop - Cupertino. Further, there were a total ments and provides guidelines for the .de'rel- of 51 Cupertino 'residents placed in op-ment of the central core of the City. shared housing arrangements by Further, the City has provided certain con - Project MATCH. Objective Achieved cessions for affordable housing. For example, the Forge Homestead development in 1995 d) On average, approximately 3-5 housing was allowed a 25% density bonus and for - units were rehabilitated annually during giveness of park fees and construction tax for the past decade in Cupertino. The 1993 the 15 very low income units provided. identified a goal of 20-30 units rehabili- Parking requirements were also reduced. tated. Objective Achieved Further, the City implemented the 3. PRODUCTION OF AFFORDABLE UNITS" Housing Mitigation Program during this Housing The 1993 Housing Element (pg. 3-19) time period which resulted in both rental established an objective of 160-210 very low and for -sale "Below Market Rate" units being or low income units and 25 moderate income developed as a condition of new residential units. development as well as in -lieu fee payments. Very Low and Low Income Units: ® Second Unit Program: 14 Units Appropriateness of Goals, Produced Objectives and Policies ® New Construction of Rental The following Three goals were identi- Housing:135 Very Low and Low fied in the 1993 Housing Element: Income Units Developed Objective Partially Achieved: 149 ® GOAL A: Expand the supply of rest - total units produced dential units for all economic segments to achieve greater opportunity for cur - Moderate Income Units: rent and future Cupertino employees ® Mortgage Credit Certificates and residents to obtain housing. (MCC): 73 MCCs in Cupertino ® GOAL B: Establish and enforce effec- from 1990-1998 tive guidelines and regulations for the ® BMR Homeownership Units: 26 construction of safe, quality housing, Units (1993-200.1) and for the maintenance and improve - Objective Achieved and Exceeded ment-of existing housing. ® GOAL. C: Establish 'a community in 4. REGULATORY CONTROLS AND INCENTIVES which all people, regardless of their eth- During the time frame of this review nic, racial, religious background, income, period, the City continued to encourage marital: status, sex, age or physical handi- mixed use development and the use of densi- cap have an equal opportunity to obtain ty bonuses. For example, the "Heart of the housing. Promote the equitable solution City" Specific Area Plan was enacted in of social and technical problems con - 1995'. This Plan encourages mixed use cerning property owners and residents. B-42 TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT These goals are still appropriate for the 2001-2006 time frame. However, the goals for 2001-2006 are more specific in regard to special need households and equal opportu- nity. There will be a total of five goals then for 2001-2006. The majority of 1993 policy directions will continue into the 2001-2006 time frame. The following policies shall be espe- cially emphasized in the 2001-2006 Housing Element: • Encourage and support the production of affordable units for very low ar-ii low income households, • Preserve existing rental housing stock, • Expand City partnerships with non- profit developers to .build and maintain affordable units, and • Support the provision of housing appro- priate for all household income levels and special need households. Orrogress and imps ementation Summary: The City achieved 10% of the original five-year goal for new construction of units. Approximately 264 units were produced during 1990-95. The original goal was 2,587 units. i The development of units affordable to very low and low income households is a difficult task for many California communities. However, during the 1990-2000 time frame, there were 135 rental units affordable to very low and low income householdsdeveloped in Cupertino.' Further, 14 Second Units were added and 73 Mortgage Credit Certificates j were utilized I Cupertino provided both regulatory and incentive programs for the production of more affordable units during the time frame reviewed. The "Housing Mitigation Program" required 10% of all new residential development to either pay an in -lieu fee or develop a Below Market Rate unit. Further, the Office/Industrial Mitigation component required { developers to pay a fee that was then used for additional affordable housing opportunities. Existing rental units were conserved during the time period of the Housing Element because of the Condominium Conversion Ordinance. However, the need to conserve rental housing has become even more critical since the 1993 Housing Element was adopt- ed. ,Housing costs have increased substantially since 1993 and the preservation of rental units as an important component of the affordable housing stock has become even more important. The 2001-2006 goals, policies and programs wilt reflect this increased empha- sis on existing units as well as the production of additional affordable units. TASK FORCE DRAFT GENERAL PLAN Governmental Constraints HouSING CONSTRAINTS B-43 7. HOUSING CONSTRAINTS line adjustment requests related to lot size or lot design consider the need tc Governmental regulations, while inten- preserve neighborhood lot patterns. tionally regulating the quality of development excluding parking and/or land areas devoted in the community can. also, unintentionally, The Zoning Map for the City contains increase the cost of development and thus the ' the following specific residential zones: cost of housing. These governmental con- INFRASTRUCTURE CAPACITY straints include land use controls, building Residential Hillside (RHS) codes and their enforcement, site improve- Single Family Residential (R-1) meats, fees, and other exactions required of developers, and local processing and permit Single Family Residential Cluster (RIC) procedures. Land use controls clay limit the Residential Duplex, (R2) amount or density of development, thus Multiple Family Residential (R3) increasing the cost per unit. On site and off the . Cupertino Sanitary District. The site. improvements like road improvements, Densities in the RHS zones are limited. traffic signals on adjacent streets or sewer by the slope of the hillside area and are under improvements may increase an individual I unit per acre. The low density residential project's costs of development. Processing and "zones(R-1) typically allow 1-5 units per acre. permit requirements may delay construction, R-2 can range from 5-10. units per acre. increasing financing and/or overhead costs of Multi -family residential can range up to 35 a development. units per acre. Governmental Constraints City also allows residential use in Mixed Use LAND USE CONTROLS zone areas. The density range allowed in the "Heart of the City" Specific Plan is from 8- . The City's. General Plan and Zoning 35 units per acre, calculated at net density Ordinance provides for a range of housing excluding parking and/or land areas devoted types and densities. The Land Use Element to the commercial portion of the property. of the General Plan. includes the following policies regarding housing: INFRASTRUCTURE CAPACITY Policy 2-1: Concentrated Development in The City of Cupertino is an established Urban Centers—Concentrate develop - " community with infrastructure already hent in urban nodes and selectively developed and in place. Water service is pro- include housing with office and corn- vided by the San Jose Water District and t`. mercial uses where appropriate in des- salutary sewer service is the responsibility of ignated centers. the . Cupertino Sanitary District. The Sanitary District has identified some areas of Policy 2-19: Jobs /Housing Balance -Strive Stevens Creek Boulevard which need larger for a more balanced ratio of jobs and pipecapacity and will be replacing those housing units. lines as new developments occur. Other than that area, the District indicates that PolicN 2-23: Compatibility of Lot Sizes- there are no other .constraints to develop - Ensure that zoning, subdivision and lot Trent and that the treatment plant does not TASK FORCE DRAFT GENERAL PLAN I= TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT have any capacity issues. The issue of traffic congestion has been identified as a potential constraint to housing development. The current (2001) General Plan contains the policy direction that "level of service D" shall be the minimum traffic level for major intersections. It further speci- fies that "level of service E+" shall be the min- imum for the Stevens Creek and De Anza Boulevards intersection and for the De Anza Boulevard and Bollinger Road intersection. If new residential development will result in the level of service to drop below these minimum levels, then traffic could be considered a con- s traint onstraint to housing development. The City will monitor traffic levels through the envi- ronmental assessment stage of individual proj- ects and will address traffic as a constraint to housing should it be found to be affecting res- idential development. GOVERNMENTAL FEES Land development within the City of Cupertino is subject to direct fees imposed by the City itself, fees imposed by the City on behalf of another governmental agency, and/or fees imposed by another governmen- tal agency within the City boundaries. These fees are imposed for the purpose of off- setting capital expenditures necessary to. accommodate development or for defraying the City's cost of reviewing a development proposal and providing required permits, plan checks, and inspection. Figure 23. Average Fees for Single - Family Unit, 2001. Single -Family Dwelling z foot house (2000 square and:' , 400 square foot garage)4 ' Building Permit and Fees $1,184.00 Seismic 20.00 Electric 204.00 Plumbing 204.00 Mechanical 204.00 Plan Check 1,006.00 Plan Check Energy 355.00 Housing Mitigation Fee 2,400.00 Construction Tax 409.00 Geological Report 1,000.00 (Minimum for Hillside and Fault Areas) School Impact Tax 4,650.00 Sanitary Connection Permit 77.50 Park Fees 15,750.00 Storm Drain Fee 325.00 TOTAL $28,788.50 The Park Fee of $15,750 is the most substantial fee charged. . However, it is important to note that this fee has not changed since the 1993 Housing Element was adopted. Further, the fee has been waived for affordable units and it is expected that it will continue to be waived for afford- able units in the future. The table below identifies the typical PROCESSING TIME fees for a single-family unit in 2001. Fees for a multi -family unit would be less because the The residential development process square footage of a multi -family unit is typi- proceeds through various stages, each of cally smaller than that for an average single- which requires some form of City approval. family unit. Initial processing of a development applica- tion depends on the type of project proposed (e.g. Planned Unit Development, lot subdi- TASK FORCE DRAFT GENERAL PLAN HOUSING CONSTRAINTS vision, etc.) as well as whether additional The City's residential zoning standards requirements will need to be met (e.g. rezon- are similar to other communities. The table ing of land, environmental reviews, etc.). on the following page (Figure 24) provides Therefore, processing review times can vary examples of some of the more common set - depending on many different factors: back requirements and minimum parcel sizes. As the table demonstrates, the City's require - In Cupertino the processing of residen- ments are somewhat flexible and exceptions tial applications does not appear to be a con- can be granted, where appropriate. One of straint to the provision of housing. In fact, a the major themes that is evident in the City's survey of California communities reveals that site standards is to ensure that any new level- Cupertino has much shorter processing times.. opment.is compatible with the surrounding than the average California community: In neighborhood. This is especially important as their report, Raising the Roof. Statewide the City's ;vacant land inventory is reduced Housing Plan .2000, the State of California and there is a greater demand for infill and re - Department of Housing and Community development of existing sites. Development summarizes average processing - .times for selected California communities. SECOND UNIT STANDARDS The average processing approval time for sin- Second units are allowed in single-fam- gle-family projects was 11 months for all ily residential neighborhoods with the fol - California communities and 5.7 months for lowing development standards: Bay Area communities. TASK.FORCE DRAFT GENERAL PLSN I= Parking Requirements: Une tunctionally The same report (pg. 106) evaluated a independent, paved off-street space. 342 unit development, Hamptons develop- ment, in Cupertino in regard to processing Floor Area Ratio: Up to 45%, including all time and reviews necessary. The actual buildings, in R-1. approval time for this development was 5.8 months which is similar to the average for Attached/Detached: Detached Second Unit other Bay Area communities and less than allowed on lots of 10,000 square feet or larger. the average for all California communities. Maximum Square Footage: 640 square feet BUILDING CODES AND SITE REQUIREMENTS maximum The Building Codes adopted by the City of Cupertino are the Uniform Building Occupancy: During Fall, 2001 the City elim- Code, Uniform Plumbing Code, ,Uniform inated the requirement that a property owner Mechanical Code, and National Electric live in either the main unit or the second unit. Code. The City's Building Codes have been adopted in order to prevent unsafe or haz- ardous building conditions. As such, the Market Constraints City's codes are a reasonable and normal There are a number of costs involved in enforcement Of City regulations and do not the development of housing. These include act as a constraint to the construction or land and construction costs, site improve - rehabilitation of housing. ments (streets, sidewalks, etc.), sales and marketing,. financing and profit. Because TASK.FORCE DRAFT GENERAL PLSN I= B-46 TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT Figure 24. Examples of Site Requirements for Residential Areas Zone Minimum Minimum Side Yard Maximum Parking District Lot Size Front Yard Setback Height Ratio Setback * These are general guidelines and can vary depending on other variables such as corner lots, second story additions,. etc. The City also has variations of its standards for the Eichler homes in the community in order to preserve their architectural and site attributes. r _._ ._ TASK FORCE DRAFT GENERAL PLAN 5-6,000 20 feet One side 28 feet 4 spaces per square feet yard setback density unit: must be no 2 garage and R-1* less than 10 2 open feet—the other no less than 5 feet No minimum Flexible Flexible 30 feet 2 spaces per development depending on depending on density unit + area design design 1.5 spaces R -1C for each bedroom after the 1st Dependent 20 feet Side yards 2 stories (30 2 spaces for on the shall equal a feet) each density number of minimum of 6 unit: units feet for single 1 covered story, 9 feet and 1 for second uncovered R-3 story elements, and 18 feet for structures exceeding 2 stories or 24" feet in height 1/2 acre 9'feet from 20 feet from 3 Floors (36 N/A Heart of required property line feet) although See parking city Specific Parkway exceptions requirements Plan (Multi- Landscape may be for respective unit Easement granted for uses. Residential) units over parking areas, etc. * These are general guidelines and can vary depending on other variables such as corner lots, second story additions,. etc. The City also has variations of its standards for the Eichler homes in the community in order to preserve their architectural and site attributes. r _._ ._ TASK FORCE DRAFT GENERAL PLAN HOUSING CONSTRAINTS B--4 these costs are so market sensitive, it is diffi- PRODUCING AFFORDABLE HOUSING IN TODAY'S cult for a local governmental body to reduce MARKET them in any way. The expensive :land and construction costs in the area also affect the production of As is true for most Bay Area commune- affordable housing,. Non-profit developers ties, Cupertino is all expensive housing near- who have built affordable housing units in ket. Because of its location and the high . the Santa Clara County area in the 2000 - quality of its public school district, 2001 time period report that their average Cupertino is viewed as a desirable place to cost .to build a multi -family family unit is live. Developable land is available but pur-, $230,000 and approximately $124,500 for a chase costs are high. The Constructionmulti-family elderly unit. The cost of pro- Industry Research Board reports that the viding an affordable single-family, small lot median cost per square foot for new resi- home is at least $.400,000 in today's market. dential construction (including land and overhead costs) was $246 per square foot in Subsidies are always necessary in order Santa Clara County in 2000. to make these units "affordable " to very low, low and moderate -income households.. In Construction costs for residential fact, most truly affordable housing develop - development can Of course vary depending ments in California today require 10-12 dif- on whether the unit is part. of a tract devel- ferent subsidy sources in order to make the opment oris being built as a custom or "spec" project financially feasible. An excellent house. Average costs just for construction _example of this is the approved, but not yet can range from $60 to $200 and up per constructed as of 2001, "Heart of Cupertino" square foot, depending on the type of Nous- 24 -unit very low and low-income develop- ing construction, amenities, quality . of ment. Included as part of their. funding improvements, etc. There is little that local sources are federal. CDBG and HOME fiends, governments can do to control either the $1.6 million . from the City's Affordable cost .of construction or the cost of land Housing Fund, 501 (c) (3.) bond financing, because they are definitely private -market Sobrato Family Housing Fund, and equity driven forces. from the non-profit owner, Cupertino Community Services. _ Developers in. the Cupertino area report that financing of new residential development is, not a problem. Financing is available and is provided at reasonable terms and conditions. The Cupertino area is viewed as a desirable area to develop housing and many of the developers report long- standing relationships with financial institu- tions that help provide attractive financial packages. Mortgage financing is also avail- able to homebuyers through lending resources such as banks, savings. and loans, mortgage brokers, etc. 3 r. TASK FORCE DRAFT GENERAL PLAN B-48 TECHNICAL APPENDIx B: HOUSING TECHNICAL REPORT Summary Analysis of Constraints on Cupertino's Housing Market As the discussion on the previous pages indicates, the high cost of acquiring land and construction is a major constraint towards the provision of housing, especially affordable >i housing. Cupertino is located in the San Francisco Bay Area, which is consistently iden- tified as one of the most expensive housing markets in the country. There is very little that municipal governments can do to affect the cost of land or construction because they are a result of private market forces. The City can, however, ensure that several components are "in place" and part of the overall housing strategy to produce affordable housing. These components include avail- able land at higher densities, financing and subsidy assistance and, a motivated and expe- rienced developer: In regard to governmental constraints, one area that the City can modify is to encourage the use of incentives such as density bonuses and concessions for affordable housing when developers are presenting proposals for affordable housing. There should' be an increased marketing effort on the part of City staff to provide information about the ben efits of providing affordable housing, in excess of that which is required by the City's Housing Mitigation Program. The chapter that follows (Chapter 8) describes the strategy section of this Housing Element. This chapter also represents the, summary of the Housing Element Technical Document. As such, Chapter 8 is the repre- sentative chapter for the Housing Element, which is inserted into the General Plan doc- ument. �..: MASK FORCE DRAFT GENERAL PLAN 8. HOUSING PROGRAM STRATEGY: 2001 2006 Introduction Cupertino residents place high value on their homes and neighborhoods. Policies in all the General Plan elements are directed toward maintaining high quality residential areas. The Housing element focuses on two important principles of the General Plan: balance and diversity. Providing an adequate supply of hous- ing assures that office and commercial growth, which creates the need for additional employ- ees, is balanced with housing growth., Providing a variety of housing types, particular- ly apartments, assures that a diverse population of Cupertino residents has access to housing. The Housing element fulfills the requirements of State Housing Element law, which requires an analysis of the housing stock and households, estimates or Regional Housing Needs, evaluation of past progress in meeting Housing Element goals, and project- ed goals, policies and programs. The Housing element must be periodically reviewed for certification by the State Department of Housing and Community Development. Because much of the information required for State certification is statistical and must be updated every five years, Cupertino has pre- pared a separate Technical Document that includes the data required for State compli- ance, which is incorporated by reference as part of the General Plan. This Section includes a summary of some of the more significant information found in the Technical document, and a complete list of the goals, policies and programs for the time frame for the Housing Element. HOUSING PROGRAM STRATEGY: 200I-2006 Community Profile POPULATION AND HOUSEHOLDS At the time of Cupertino's incorpora- tion in 1955, the City's population within the incorporated area was less than 2,500 people. From 1955 to 1960 the population increased from 2,500 to 3,664 people. Over the follow- ing four decades, with advent of the comput- er/electronic technology, Cupertino, like other cities in Santa Clara County, experi- enced a rapid increase in population. Between 1960 and the year 2000, Cupertino experi- enced a substantial growth in population, going from 3,664 people to 50,546 people. This accelerated growth reflected northern Santa Clara County's transition from an agri- cultural center to worldwide headquarters for many high technology industries and annexa- tions that took place during the ten-year peri- od between 1970 and 1980, which added 12,000 residents to the population of the City. The graph below (Figure 25) illustrates Cupertino's population growth over the past four decades. It is expected that Santa Clara County will continue to be the most populous county within the San Francisco Bay Area region in the future. Population estimates pre - TASK FORCE DRAFT GENERAL PLAN B-50 TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT 60 50 40 30 20 10 0 1970 1980 1990 2000 Figure 25. Cupertino Population Growth. pared by the Association of' Bay Area Governments (ABAG) project that Santa Clara County's population will increase from its present number of 1,755,300 persons to 2,016,700 persons by the year 2020. ABAG also projects that the population within the City of Cupertino and its sphere of influence will increase by 19% during the same twenty- year period. This would bring Cupertino's population to an estimated total of 66,400 persons by the year 2020. ETHNIC COMPOSITION Historically, Cupertino's population has been predominantly Caucasian, with minorities represented in relative small per- centages. Between 1975 and 1980, the Caucasian population decreased from 89% to 86%. There was a corresponding increase in the Asian -American population from 3% to 6.9%, while the other ethnic groups remained proportionally similar in size dur- ing the same period. According to the 1990 TASK FORCE DRAFT GENERAL PLAN Source: US Census 1970, 1980, 1990, 2000) Census, between the years of 1980 and 1990 the Asian -American population increased from 8.9% to 23%, while other groups expe- rienced very modest growth. The 2000 Census revealed that Cupertino has become a more diverse community. Between 1990 and 2000 the Asian -American population experienced a substantial increase from 23% to 44%, almost equaling the Caucasian pop- ulation, which in the 2000 Census data indi- cated was at 50% of the total population. No other ethnic groups experienced such signif- icant increases during this period. The graph below illustrates Cupertino's ethnic compo- sition according to the 2000 Census data. AGE DISTRIBUTION The age distribution of the City of Cupertino changed during the period of the 1990-2000 decade. The percentage of chil- dren, teenagers and older adults (65 or over) increased while the 20-65 age group declined. This is an indication that HOUSING PROGRAM STRATEGY: 2001-2oo6 B-51 Figure 26. Ethnic Composition. Cupertino's population is maturing. This is consistent with the character of the state- wide population. It is estimated that persons over 55 years of age will represent 26% of the total state-wide population by the year 2020. In 1990, the median age was 36 years; in the year 2000 the median age was 38 years. The graph below illustrates the breakdown of the City's population. by age. HOUSEHOLDS For the purposes of evaluating housing supply and demand, it is helpful to translate population figures into household data. The U. S Bureau of the Census defines household as all persons who occupy a housing unit, which may include single persons living alone, families related through marriage or blood, and unrelated individuals living together. According to 2000 Census data, there were 18,204 households in the City of Cupertino. According to the General Plan there were 20,032. Approximately 75% of Source: US Census 1970, 1980, 1990, 2000) these households were classified as "family households" and the remaining 25% were "non -family" households (primarily individ- uals living alone). It is estimated that 13% of all Cupertino households can be classified as "lower income" households. This 13% figure includes 1,547 households who are estimated to be "very -low-income and 801 as "low- income" households. In 2001, a household of four persons with a maximum income of $43,650 annually was considered "very -low- income", if their income didn't exceed $69,050 annually, they would be considered "low-income". Household size has remained relatively flat in recent decades. In 1980, the average household size in Cupertino was 2.75 persons per household. Between 1980 and 1990, the household size decreased to 2.60 persons per household. However, by 2000, the average household size returned to the 2.75 persons per household. TASK FORCE DRAFT GENERAL PLAN B-5 2 TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT HOUSING UNITS AND TYPE r A substantial portion of Cupertino's housing stock was built after World War II and reflects its suburban, residential charac- ter. A comparison of 1990 and 2000 housing types is shown in Figure 3-1). There were a total of 8 mobile homes in Cupertino in 2000. The percentage of single family units in the housing stock has remained fairly con- stant in Cupertino in the 1990-2000 decade Currently, single family homes remain the predominant housing type. In 1990, 58.8% of all housing units were single-fami- ly, detached units and 13:%o were single-fam- ily, attached units, fora total of 71.8% of the total housing stock. The remaining 21.2% were multi -family or other. Projections of future housing demand by type of unit, based on household income and construction costs, indicated that if housing affordable to the entire spectrum of economic groups is to be made available, the supply of multi -fami- ly units must increase. Housing costs are high in Cupertino. In January, 2001, the median sales price for a single family home in Cupertino was in excess of $1 million dollars. For the same general time period, the average rent for a multi -family rental unit was $2;353 per month. These costs far exceed the ability of very -low and low-income households to afford housing. It is estimated that in 2001 at least 1,651 lower income households were "overpaying" for housing (paying more than 30% of their income for housing). From 1990-2000, a total of 2,074 new units were added to Cupertino's Housing stock. This represents a production rate of approximately 200 units per year. TASK FORCE DRAFT GENERAL PLAN Projected Housing Needs 1. NEW CONSTRUCTION Adequate Sites For ABAG Estimated New Construction Need ABAG has estimated that the City needs to provide adequate sites to accommo- date 2,720 units for the time period of 1999- 2006. After adjusting for the housing units already provided between 1999-2001, the revised estimate is that adequate sites are needed for 2,325 units from 2001-2006 or 465 units per year. As the jobs/housing bal- ance seems to. have shifted, this goal will not be aggressively pursued. 2. AFFORDABLE HOUSING Adequate sites at appropriate densities need to be provided to accommodate afford- able housing units. Affordable units will be achieved through the Below Market Rate program. 3. CONSERVATION OF EXISTING HOUSING The City's existing rental stock provides a source of affordable housing for lower and moderate income households. In 2001, there were 292 rental units with affordability con- trols in Cupertino. In addition, there were 3 group homes providing housing for a total of 25 persons/households. One of the most signif- icant needs during the 2001-2006 time period is to conserve the existing rental housing stock. In particular, the City will monitor the potential conversion of any affordable units to market rate, specifically the 100 unit Sunnyview development (affordability subsi- dies are scheduled to expire in 2004 ). 4. SPECIAL HOUSING NEEDS Some of the households that have spe- cial housing needs in Cupertino include homeless, elderly and disabled households. TECHNICAL APPENDix B: HOUSING TECHNICAL REPORT Responsible Party: City Of Cupertino, rPlanning Department Quantified Objective: Draft General Plan Monta Vista 142 units at up to 12 units per acre (11.8 acres) Vallco Park South 125 units at up to 2.5 units per acre (5 acres) Heart of the City 443 units at up to 25 units per acre (17.7 acres) Homestead Road 493 units at up to 35 units per acre (14.1 acres) City Center 494 units at 35 units per acre (14.1 acres) North De Anza 215 units at up to 25 units per acre (8.6 acres) Vallco Park North 228 units at up to 25 units per acre (8.7 acres) Bubb Road 81 units at up to 20 units per acre (4.1 acres) Undesignated 116 units at up to 20 units per acre (6.3 acres) Total 2,337 Alternative 142 units at up to 12 units per acre (11.8 acres) 0 units 262 units at up to 15 units per acre (17.5 acres) 316 units at up to 22 units per acre (14.4 acres) 495 units at 35 units per acre (14.1 acres) 300 units at up to 35 units per acre . (8.6 acres) 0 units 81 units at up to 20 units per acre (4.1 - acres) 741 units at up to 2.0 units per acre (37 acres) 2,337 TASK FORCE DRAFT GENERAL PLAN Implementation Program 2: Land Use Designations In order to allow for the number of units as identified in Program #1 (Housing Units by Planning Districts), some parcels'of land in the specified Planning Districts will need a change in land use designation or zoning. The City will change land use desig- nations/zoning to reflect the density ranges necessary to implement Program 1. Time Frame: 2003 Responsible Party: City of Cupertino, Planning Department Implementation Program 3: Residential Potential Outside of Planning Districts Include the existing inventory of resi- dentially zoned parcels with residential potential that are outside of the planning districts in addressing the Regional Housing Need. Time Frame: 2001-2006 (for ABAG estimate) 2007-2020 (for remain- der of planning period) Responsible Party: City of Cupertino, Planning Department Implementation Program 4: Second Dwelling Unit Ordinance Assure that the Second Dwelling Unit Ordinance to encourage the production of more second units on residential parcels. Time Frame: 2001 Evaluate and revise program if neces- sary [complete] 2001-2020: Continue to implement program Responsible Party: City of Cupertino, HOUSING PROGRAM STRATEGY: 20OI-2006 B-55 Planning Department Implementation Program 6 Housing Quantified r 25 Second Units Mitigation Plan: Residential Mitigation Objective: Produced, 2001-2006 The City will continue to implement the "HousingMitigation" program. This program applies to all new residential development of z »:.-:...:... one unit or greater. Mitigation includes either 11 the payment of an in -lieu fee or the provision ' of a Below Market Rate (BMR) unit or units. HOUSING THATISAFFORDABLE FOR A RS Projects of seven or more units must provide TY OF CUPERTINO HOUSEHOLDS, on-site BMR units. Projects Of six units or less . Policy 3-1: Housing Mitigation Plan can either build a' unit or pay an in -lieu fee. Implementation of the program shall include: Assign priority to households who live . or work in Cupertino for BMR units a) Priority. Priority for occupancy to produced through the plan or afford- households who reside, work, attend able housing units built with mitiga- school or have family in Cupertino; tion fees. b) Public Service. Additional priority for households with wage earners who pro - Implementation Program 5. Housing vide a public service; specifically, Mitigation Plan — ®ice and Industrial employees of the City, local school dis- Mitigcatio►a trict and public safety agencies; The City will .continue to implement c) Rent Schedule. Utilize City's Affordable the "Office and Industrial Mitigation" fee Rent Schedule as a guideline in setting program. This program requires that Bevel- rents for new affordable housing; opers of office and industrial space pay a fee, which will.thenbe used to support affordable d) Rent Adjustments. Update the rent housing for families who work in Cupertino schedule each year as new income but live elsewhere. These fees are collected guidelines are received and determine a uniform method for allowing rent and then deposited in the City's Affordable adjustments for.affordable housing; Housing Fund. The City will conduct an updated,"nexus",study to determine whether e) Land for Affordable Housing. Allow the manner in which fees are calculated is developers to meet all or a portion of `still appropriate: their BMR requirement by making land available for the City or a non- profit .housing- developer to construct Time Frame: 2002-2003 Conduct affordable housing; updated nexus study 2001-2006 Implement f) BMR, Term. Require BMR units to remain affordable for a minimum of 99 Mitigation Plan years; Responsible Party: City of Cupertino, g) 15% BMR. Enforce the City's first Planning Department right of refusal for BMR units, and require 15% BMR units Time Frame: 2001-2006 Implement. Program o W wed TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT Responsible Party: City of Cupertino, Y Planning Department Quantified 159 Very Low Income Objective: Units 159 Low Income Units 53 Median Income Units 53 Moderate Income Units Implementation Program 7. Affordable Housing Fund The City's Affordable Housing Fund provides financial assistance to affordable housing developments. "Requests for Proposals" (RFPs) will be solicited from inter- ested parties to develop affordable units with housing fiends. Affordable housing funds will be expended in the following manner (ranked in order of priority): a) Finance affordable housing projects in Cupertino. b) Establish a down payment assistance plan that may be used in conjunction with the BMR program or to make market rate units more affordable. The assistance should be in the form of low interest loans and not grants. c) Establish a rental subsidy program to make market rate units more affordable. Time Frame: 2001-2006 Responsible Party: City of Cupertino, Planning Department Quantified 40 Very Low Income Objective: Units 40 Low Income Units TASK FORCE DRAFT GENERAL PLAN Policy 3-2: Range of Housing Types. Encourage the development of diverse housing stock that provides a range of housing types (including smaller, mod- erate cost housing) and affordable lev- els. Emphasize the provision of housing for lower and moderate income house- holds and, also, households with wage earners who provide services (e.g., school district employees, municipal and public safety employees, etc.) Implementation Program 8: Mortgage Credit Certificate Program Participate in the countywide Mortgage Credit Certificate (MCC) Program. This program allocates mortgage credit certificates to first-time homebuyers to purchase housing. Due to the.high cost of housing units in Cupertino, it is estimated that most of the County's MCC' will be used in the City of San Jose, where there are more low cost housing units available for sale. Time Frame: 2001-2006 Responsible Party: Santa Clara County Mortgage Certificate Program Quantified . 1-2 Households Assisted Objective: Annually Implementation Program 9: Move -In for Less Program The Tri -County Apartment Associ- ation is managing this program, which recog- nizes the high cost of securing rental housing. The program is geared to classroom teachers in public or private schools who meet income criteria. Apartment owners/managers who agree to participate in the program require no more than 20% Of the monthly rent as a secu- rity deposit from qualified teachers. HOUSING PROGRAM STRATEGY: 2ooI-2oo6 B -J Time Frame: 2001-2006 ABAG's.:estimate of the City's job/hous- Responsable Darty: `Tri -County Apartment ing ratio was 2.4 jobs to every household. The goal is to reduce this ratio during the time Association and City of Cupertino frame of the Housing Element (2001-2006). Further, the City will evaluate the feasibility Implementation Program 10 Surplus of developing 'a policy and/or program that Property for Housing conditions approval of job producing activi- ties to housing productions. In conjunction with local public agen- cies, school districts and churches, the City will develop a -list of surplus property or underuti- lized property that have the potential for resi- dential development, compatible with sur- rounding densities. Additionally, long-term' land leases of property from churches, school districts corporations for construction of afford able units shall be encouraged. Further,.the fea sibility of developing special housing for teach- ers or other employee groups on the surplus properties will be evaluated. Teacher -assisted housing programs inneighboring districts, such as Santa Clara United School district, will be reviewed for applicability in Cupertino. Time Frame: 2002-2203: Develop list of,surplus properties and evaluate feasibility of developing residential units on properties. Responsible Party: City of Cupertino, Planning Department Implemeirtcation.Program 11: Jobs)Housing Balance Program Require major new office/industrial development to build housing as part of new development projects. As part of the develop- ment review process, the City will evaluate the impact of any application that will pro> duce additional jobs in the community. The purpose of the evaluation is to describe the impacts of the new jobs on the City's housing stock, especially in relation to the jobs/hous- Time Frame: 2002-2003: Develop pro- cedure to evaluate job producing development proposals. Evaluate feasi- bility of policy and/or program that ties new job production to hous- ing production. 2002.2206: Implement Responsible Party:. City Of Cupertino, Planning Department Policy 3-3: Dousing Rehabilitation. Pursue and/or provide funding for the construction or rehabilitation Of hous- ing that is affordable to very low, low, and moderate -income households. Actively support and assist non-profit and for profit developers in producing affordable units. Implementation Program 12: Affordable Dousing Information and Support The City will provide information, resources and support to developers.who can produce affordable housing. Information will be updated on a regular basis in regard to available funding sources and be distributed to all interested. developers. In addition, information regarding additional. City incen- tives such as the Density Bonus Program (see program #14) will also be provided and updated on a regular basis. Further, the City ing ratio in the City. In 2001, will involve the public from the beginning of TASK FORCE DRAFT GENERAL PLAN v C TECHNICAL APPENDIx B: HOUSING TECHNICAL REPORT an affordable housing. application so that ' there are fewer objections to the project as it goes though the City approval process. Time Frame: 2001-2006 Responsible Party: City of Cupertino, Planning Department Policy 3-4: Development of Affordable Housing. Maintain and/or adopt appropriate land use regulations and other development tools to encourage the development of affordable housing: Make every reason- able effort to disperse units throughout the community but not at the expense of undermining the fundamental goal of providing affordable units. Implementation Program 13: Density Bonus Program The City's Density Bonus Program pro- vides for a density bonus and additional con- cessions for development of 6 or more units that provide affordable housing for families and seniors. Included in the concessions are reduced parking standards, reduced open space requirements, reduced setback requirements, and approval of mixed use zoning. The City will change the Ordinance -definition of affordable unit to housing costs affordable at 30% of household income for very low and low income households. Time Frame: 2003-2003 Change affordability definition Responsible Party: City of Cupertino, Planning Department affordable units. Parking standards will also be discounted for affordable developments. For mixed-use and higher density residential developments, the Planning Commission or City Council may approve deviations from the Parking Regulation Ordinance of the Cupertino Municipal Code, if the applicant can provide a study supporting the deviation. Further, the City will continue to efficiently process all development applications. Time Frame: 2001-2006 Responsible Party: City Of Cupertino, Planning Department Implementation Program 15: Residential and Mixed Use Opportunities In or Near Employment Centers The City will encourage mixed use development and the use of shared parking facilities in or near employment centers. In addition to the development opportunities available through the "Heart of the City" Specific Plan, the City will evaluate the possi- bility of allowing residential development above existing parking areas except where mixed use is herein excluded. In specific, these areas would be, near or adjacent to employ- ment centers and, could provide additional opportunities for housing. Time Frame: 2002 - 2003 Evaluate parking opportunity sites 2002 - 2003 Evaluate incentives that may be offered to encourage res- idential development in or near employment centers. Implementation Program 14: Regulatory Responsible Party: City of Cupertino, Incentives Planning Department The City will continue to waive park dedication and construction tax fees for all TASK FORCE DRAFT GENERAL PLAN HouSING PROGRAM STRATEGY: 200I-2006 B-59 Policy 3-5: Tax Increment Funds. floor area ratios and setbacks, particularly for higher density and attached housing devel- Use a minimum of 25% of tax incre- opments. ment funds generated from the Redevelopment Project Area for Nous- Time Frame: 2001-2006 ing activities that create affordable housing for lower and moderate Responsible Party: City of Cupertino, income households. Set aside 5% of Planning Department the 25% for extremely low income " housing. .7 ._..� y �� ..... a ..... .. ..................................... N Implementation Program 16: Redevelopment housing Set Aside FundENHANCED RESIDENTIAL NEIGHBORHOODS The City has established a Policy? Maintenance Repair. Redevelopment Project Area, from which tax -7: and increments funds are collected. A minimum of Assist very low and low-income home - 25% of tax increment funds will be directed to owners and rental property owners in low and moderate -income households, 5% of maintainingand repairing their hous- which are directed to .extremely -low income ing units.. households. The Redevelopment Agency will develop policies and objectives for the use of Implementation Program 18: {Mousing those funds. All policies and objectives shall be Rehabilitation developed to reflect the goals and objectives of This program provides financial assis- tlie Housing Element. tante to eligible very, low and low-income. homeowners to :rehabilitate their housing Time Frame: 2002-2003 Develop units. The County of Santa Clara, Housing policies and objectives and Community" Development (HCD), for use of Housing Set- administers the program on behalf of the Aside Funds City of Cupertino:."When the City becomes Responsible Party: City of Cupertino, an Entitlement Community in 2002-2003, Planning Department housing' rehabilitation activities will contin- ue to be funded. - Policy 3-6: Housing Densities. Provide a full range of ownership and Funding Source: CDBG Funds rental housing unit densities, including Time Frame: 2001-2006 apartments and other high-density . lousiizg. Responsible Party:. City of:Cupertino and County of Santa Clara Implementation Program 17: Flexible > (HCD) Residential Standards Quantified 5 Housing Units Allow flexible residential development Objective: Rehabilitated Annually standards in planned residential zoning dis- tricts, such as smaller lot sizes, lot widths, r; TASK FORCE DRAFT GENERAL PLAN R-60 TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT Implementation Program 19: Home Access Program The Home Access Program provides assistance with minor home repairs and accessibility improvements for lower- income, disable households. Economic and Social Opportunities (ESO) administers the program under a contract with the County of Santa Clara. Funding Sources: Santa Clara County Urban County CDBG Funds Time Frame: 2001-2006 Responsible Party: ESO and County of Santa Clara (HCD) Quantified 3-5 Households Assisted Objective:Annually Implementation Program 20: Weatherization Program This program assists very low-income homeowners with weatherization improve- ments to their homes. Economic and Social Opportunities (ESO) administers the program in Cupertino and other areas of the County. Funding Sources: State of California Energy Conservation Program Time Frame: 2001-2006 Responsible Party: E30 Quantified 3-5 Households Assisted Objective: Annually Implementation Program 21: Apartment ; Acquisition and Rehabilitation The County of Santa Clara administers Home and CDBG funds on behalf of the members of the Urban County and HOME Consortium. The City of Cupertino partici- pates in both the Urban County and TASK FORCE DRAFT GENERAL PLAN Consortium activities. Funds are available on a competitive basis to developers to acquire and rehabilitate rental units for very low and low-income households. When the City becomes an entitlement community in 2002- 2003, the City will continue to include the availability of HOME and CDBG find for apartment. acquisition and/or rehabilitation. Funding Source: HOME and CDBG Funds Time Frame: 2001-2006 Responsible Party: City of Cupertino Policy 3-8: Conservation of Housing Stock Conserve the existing stock Of owner and rental housing units, which provide affordable housing opportunities for lower and moderate income households Implementation Program 22: Preservation of "At Risk Units" The only affordable housing develop- ment at risk of converting to market rate is the Sunnyview development. The expiration date of their federal subsidy is May 31, 2004. However, the development is considered at low risk for converting because it is owned by a non-profit organization;, which has indicat- ed that it will renew the 'assistance again in 2004• However, the City will monitor the development and will initiate contact in late 2003 with the owner and HUD to ensure that the units remain affordable. Time Frame: 2003 Initiate contact with owner and HUD to determine status of subsidy renewal. Responsible Party: City of Cupertino, Planning Department. HOUSING PROGRAM STRATEGY: 200I-2006 B-61 Quantified 100 units preserved as number of existing renal units, and/or Objective: affordable housing. ®No less than 20% of the units will Implementation Program 23: comply with the City's BMR Program. Condominium Conversions Further, the preservation program will include a requirement for a tenant The City's existing Condominium Conversion Ordinance regulates the conver- relocation plan 'with provisions for Sion of rental units . in multi -family housing relocation of tenants on site as much as development in order to preserve the rental possible, housing stock. Condominium conversions Time Frame: 2002-2003 Design are not allowed if the rental vacancy rate in Program Cupertino is less thann 5 % at the time of the application for conversion and has averaged 2002-2006 Implement 5% over the past six months. Program Responsible Party: City of Cupertino, Time Frame: 2001-2006 Planning Department Responsible Party: City of Cupertino, Planning Department. Implemeintcation Program 25: Conservation and Maintenance of Quantified No conversions until Affordable Housing Objective: vacancy rate threshold is met. Develop a program to encourage the maintenance and rehabilitation of"residen- Implementation Program 24: Rental tial structures to preserve the older, more Housing Preservation Program affordable housing stock. The City's existing multi -family rental Time Frame: 2003-2004 Design units provide housing opportunities for Program households of varied income levels. The City will develop, and adopt a program that 2004-2006 Implement includes the following guidelines: Program Responsible Party: City of Cupertino, When a, proposed development or Planning Department redevelopment of a site would .cause a loss of multi -family rental housing, the City will Implementation Program 26: grant approval only if at least two of the fol- Neighborhood and Community Cleanup lowing three circumstances exist: Campaigns ® The project will comply with the City's Continue to encourage and sponsor BMR Program based on, the actual neighborhood and community clean up cam- paigns for both public and private properties. number of new units constructed, not the net number of units, and/or Time Frame: 2001-2006 ® The number Of rental units to be pro- Responsible Party: City of Cupertino, vided on the site is at least equal to the _ Planning Department TASK FORCE DRAFT GENERAL PLAN M TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT Le Beaulieu, Cupertino Housing for the Disabled Policy 3-9: Energy Conservation. Encourage energy conservation in all existing and•new residential develop- ment. Implementation Program 27: Energy Conservation Opportunities The City will continue to enforce Title 24 requirements for energy conservation and will evaluate utilizing some of the other sug- gestions as identified in the Environmental Resources/Sustain-ability element. Time Frame: 2001-2006 Responsible Party: City of Cupertino, Planning Department TASK FORCE DRAFT GENERAL PLAN Implementation Program 28: Fee Waivers or Reduction for Energy Conservation The City will evaluate the potential to waive or reduce fees for energy conservation improvements to residential units (existing or new). Time Frame: 2002-2003 Responsible Party: City of Cupertino, Planning Department SERVICES FOR SPECIAL NEEDS HOUSEHOLDS Policy 3-10: Special Needs Households. Support organizations that provide services to special need households in the City, such as homeless, elderly, dis- abled and single parent. Implementation Program 29: Cupertino Community Services (Homeless Services) Cupertino Community Services (CCS) manages transitional housing and adminis- ters the "Continuum of Care" services for homeless, including the rotating shelter. pro- gram. In order to facilitate any future emer- gency shelter needs, the City will revise the Zoning Ordinance to allow permanent emer- gency shelter facilities in "BQ" quasi -public zones and will promote and encourage the location of permanent shelters in BQ zones. Funding Sources: County of Santa Clara Urban County funds and Federal funds. Time Frame: 2002-2003 Revise Zoning Ordinance to allow permanent emer- ■ HOUSING PROGRAM STRATEGY: 20OI-2006 B-63 gency shelters in BQ� zones. .., • . .. 2001-2006 Continue to support services of CCS EQUAL ACCESS TO HOUSING OPPORTUNITIES to assist homeless 3-11: dousing Discriminations households. Policy Responsible Party: Cupertino Community Support programs and organizations Services. that seek to eliminate housing discrim- ination. Quantified Transitional Housing for Objective: 12-24 households Implementation Program 32: Santa Clara annually County Fair Housing Consortium The Santa Clara County Fair Housing Implementation Program 30: Project Consortium includes the Asian Law MATCH (Senior Shared Housing) Alliance, Mid -Peninsula Citizens for Fair _ Project MATCH places seniors in Housing, Project Sentinel and the Mental housing arrangement with other persons Health AdvocatesProgram. These organiza- interested in . shared housing. Project tions provide resources for, Cupertino resi- MATCH is funded with County of Santa dents with tenant/landlord rental mediation, Clara Urban County funds. housing discrimination and fair housing con- cerns. Administrative funding for these _ Funding Source: County of Santa Clara organizations is partially contributed by Urban County funds County of Santa Clara Urban County Funds. Time Frame: 2001-2006 Funding Source: County of Santa Clara Responsible Party: Project MATCH Urban County Funds Quantified 5-10 Cupertino Time Frame: 2001-2006 Objective: Households Placed Annually Responsible Party: Santa Clara County Fair Housing Implementation Program 31: Catholic'`:` Consortium Social Services (Single Parents) Catholic Social Services provides help Figure 27 on the next page illustrates _ the location and number of units estimated to place single parents in shared housing sit- by Planning Area to accommodate the goals uatiol s. The program .in funded with Santa of Programs 1 and 2 on pages eight and nine Clara County Urban County funds. of this document. Funding Source: County of Santa Clara Urban County Finds Time Frame: 2001-2006 Responsible Party: Catholic Social Services B-64 TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT Housing Allocation Figure 27. Hoousing Allocation. TASK FORCE DRAFT GENERAL PLAN Housing Units • Alternate 142 The City The City of Sunnuah: I Lw Al., ��-W 125 l j - q HDMESfEAD ROAD- I«»„„„„„ Homestead 443 t City Boundary 493 316 — — — — Urban Service Area Boundary F ,, y,'. ._.-;. - .; Ian'•,,.` �°5% : `l "t 215 300 228 0 `- Boundary Agreement Line 81 North De Anza Blvd. Unincorporated Areas 116 741 D 05 1 Mile 2,337 i' 1000 2— 3000 Feet - 500- 7000 Meters all The City of Santa Clara _ a EG Si tam t Monta Vista •, Heart ° ✓� j �_ a of the City City Center f w M a� ROAD Y's i gg w z: Bubb Road — s. l f BOLLINGER RD,,,,v„„ The Ci, ofSan lose ' I ...._. ....._.__RIVE ..-. ........ DA. ` - ; 3 C k , - PROSPECT ROAD: Figure 27. Hoousing Allocation. TASK FORCE DRAFT GENERAL PLAN Housing Units • Alternate 142 142 125 0 443 262 i' City Boundary 493 316 — — — — Urban Service Area Boundary 494 49S Sphere of Influence 215 300 228 0 `- Boundary Agreement Line 81 81 Unincorporated Areas 116 741 D 05 1 Mile 2,337 2,337 0 1000 2— 3000 Feet - 500- 7000 Meters 0 9. ENERGY CONSERVATION OPPORTUNITIES Energy Conservation and Residential Development Energy conservation is -achieved at both the local and individual level. During the planning and development process; there are many opportunities for local govern- ments to support energy efficient -models. Such proven methods include: ® Ensure effective enforcement of the State of California Title 24 energy effi- ciency standards for residential and non-residential buildings. The Building Department will provide guidance and assistance to applicants to make compliance as effective and efficient as possible. Building Department representatives will attend annual Title 24 standards and enforcement training courses offered through the California .Energy Commission, the California Building Officials Training. Institute, or other qualified programs. The City shall encourage building inspectors to earn a California Codes Credential from -the California Building Officials Training Institute. ® Promote the construction of housing that exceeds minimum state Title 24 performance standards by coordinating with federal, state and utility incen- tives and technical assistance pro- grams, such as Energy Star Homes (supported by EPA and DOE) and PG&E Comfort Homes. The City will consider the feasibility of local incen- tives for development that is more effi- cient than the state energy standards, ENERGY CONSERVATION OPPORTUNITIES B-65 such as subsidized permit fees or expe- dited permit processing. Adoption of a local ordinance requiring new devel- opment to exceed state standards will also be considered. ® Promote proper solar site orientation through enforcement of the California Subdivision. Map Act requirement that subdivision plans provide, to the extent feasible, for future passive or natural heating and cooling opportuni- ties. This includes the design of lot size and configuration to permit north - south orientation of a residence for minimized east and west -facing win- dow area, to maximize window area with southern exposure, to take advan- tage of shade or prevailing breezes, and to ensure sufficient south -facing roof area to accommodate passive and active solar systems.' • In future street development, encour- age narrower streets to reduce heat - absorbing pavement area and increase the effectiveness of shading from street trees. Projected traffic flow, parking requirements, safety, cost, and energy efficiency shall be considered. • Promote landscaping to cool neighbor- hoods and residences in the summer and reduce heat loss in the winter. Medium to large -canopied trees locat- ed in roadside planting areas at regular intervals will minimize the exposure of street asphalt to the sun, reducing ambient neighborhood temperatures 5-10 degrees through shading and evapotranspiration (water in leaves converting into vapor, cooling the air).. Yard trees and shrubs placed to shade west- and east -facing windows of resi< TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT dences will reduce solar heat gainfrom direct summer sunlight. Use of decidu- ous trees to shade southern windows will allow solar radiation in the winter. *Encourage landscape, design to mini- mize water use, maximize energy effi- ciency, and conserve resources through proper. irrigation techniques, use of drought -tolerant native species, and reduce use of organic fertilizers and pesticides. Promote awareness of light-colored surfacing on pavements and rooftops to reduce heat absorption. New mate- rials for shingled rooftops and paved roadways are being developed that reflect more sunlight and last .longer than standard applications. • Strengthen the energy performance of existing housing. The City will consid- er adopting a residential energy con- servation ordinance requiring residen- tial units to meet minimum energy efficiency requirements at the time of re -sale or major renovation. • Encourage pool covers and solar pool heating systems in place .of conven- tional methods for pools in public and private facilities, multi -family develop- ments, and single-family properties. • Encourage installation of solar energy systems, such as rooftop solar photo- voltaic systems, and other renewable resources. Co -promote the California Energy Commission Emerging Renewables Buydown Program to help finance (or reduce) initial system cost. TASK FORCE DRAFT GENERAL PLAN 10. CONSISTENCY WITH GENERAL PLAN At the time that the Housing Element was adopted (2001), the Housing Element was consistent with other Elements of the current General Plan. However, at the same time that the Housing Element was being revised in 2001, the City was in the process of updating the rest of the General Plan Elements. During the 2001-2002 General Plan Update process, the City will review pro- posed revisions to all Elements of the General Plan to determine whether they are consistent with the 2001-2006 Housing Element. The City will ensure that any adopted revisions to the General Plan during the update process are consistent with the 2001-2006 Housing Element. During the 2001-2006 period. of the Housing Element, the City will also ensure that any further revisions to the General Plan, Redevelopment Plan, Capital Improvement Plan, and Zoning Ordinance are consistent with the adopted Housing Element. 11. PUBLIC PARTICIPATION In 2000, a survey was commissioned by the City of Cupertino to determine the satis- faction of residents with City efforts and services. The survey was conducted by Godbe Research and Analysis in May 2000. When residents were asked to name the two most important issues in Cupertino, affordable housing (37%) and traffic (33%) were mentioned most often. The survey also asked residents if they would support high- density housing in areas such as De Anza and Stevens Creek Boulevards. Respondents were PUBLIC PARTICIPATION B-67 almost equally divided between those who June 22, 2001 City Council said they would "definitely" or "probably" sup- Study Session port the idea and those that would "definite- ly" or "probably" oppose this type of density. July 9, 2001 Housing Committee and Planning Later in the year in October 2000, the Commission Study Cupertino Community Congress was held Session and attended by 140 residents and communi- ty leaders. Housing was one Of the top issues July 1.7, 2001 Community Meeting that was identified as a challenge for the at Cupertino Senior Cupertino community. In large and small Center discussion . groups, participants identified -some of the areas in housing that need fur- August.27, 2001 Planning ther attention. specifically, the housing situ- Commission Study ation was noted as presenting the following Session "challenges:" September 10, 2001 Planning a. collaboration with other cities in the Commission Study area, Session b. affordable housing for "special need" October 15, 2001 City Council Public households, and Hearing/Adoption of C. high-density housing will pose other Element problems (transportation,,,, infrastruc- ture, etc.) In addition to the above meetings/work- shops, the draft Housing Element document In answer to the question, "What was available for a 60 day review period at City should be dol -le first?", residents identified Hall, the City library, the Senior Center and the following: the Cupertino Community Center. Further, the draft.Housing Element was also accessible a. provide more affordable housing, on-line on the City'sweb site. b. give company stock to teachers, C. promote in-law units, d. City workshops to train people to rent out spaces, e. create attractive alternative housing for seniors. As the draft Housing Element was Bevel- - oped in mid -200 the City held several public workshops and study sessions as follows; TASK FORCE. DRAFT GENERAL PLAN i B-68 TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT EXHIBITS State of California, Department of Housing and Community Development "Raising the Exhibit materials include: Roof: California Housing Development Exhibit A Reference Materials Projections and Constraints" May 2000 Exhibit B Organizations and Inventory www.hcd.ca.gov/hpd/hrc/rtr of Affordable Housing Service State of California, Department of Housing Agencies d D 1 "Th S f Exhibit C Summary of Affordable Housing Fund Exhibit D Table Comparing 1993 Housing Element Policies to Objectives Achieved an Community eve opment e tate o California's Housing Markets 1990-97" January 1999 wwwlicd.ca.gov/1-ipd/hrc/Plan/shp ORGANIZATIONS AND WEB SITE ADDRESSES: Association of Bay Area Governments (ABAG) Exhibit A. Reference Materials RESOURCES USED IN DEVELOPMENT OF 2001-2006 www.abag.ca.gov HOUSING ELEMENT: City of Cupertino Area Agencies on Aging (Alameda County, Contra Costa County, Santa Clara County, www.cupertino.org San Mateo County and San Francisco County), "Coming of Age in the Bay Area," State of California, Department of Housing 1999 and Community Development California Budget Project, "Locked Out: www.hcd.ca.gov California's Affordable Housing Crisis",.May 2000 State of California, Department of Rehabilitation County Of Santa Clara, Housing and Community Development Program, www.dor.ca.gov "Consolidated Plan, 2000-2005" March 2001 State of California, Employment Development Department County of Santa Clara, . Housing and Community Development Program, "Consolidated Annual Performance and Evaluation Report," September 28, 2000 Housing California, "The Long Wait: A Critical Shortage of Housing in California" April 2000 =V y` TASK FORCE DRAFT GENERAL PLAN www.edd.ca.gov Clearinghouse for Affordable Housing and Community Development Finance ww,,v.hcd.ca.gov/clearinghouse EXHIBITS Exhibit Ba Inventory of Housing Service Agencies (Information current as of Summer, 2001) Asian Law. Alliance Richard Konda 287-9710 BRIDGE Housing Carol Galante 415-989-1111 Catholic Charities Dan Wu 282-1130 Cupertino Community Services Jaclyn Fabre 255-8033 Community Developers 279-7676 Community Solutions Paula Gann 779-2113' Community Technology Alliance Ray Allen 437-8800 Economic and Social Opportunities Paul Tatsuta 971-0888 Emergency Housing Consortium Barry del Buono : 686-1300 x22 Innvision Christine Burroughs 292-4286 Mental Health Advocacy Project Kyra Kazantis 294-9730 Mid -Peninsula Citizens for Fair Housing Ife Asantewa 650-327-1718 Mid -Peninsula Housing Development 650-299-8000 Project Match Bob Campbell 287-712.1 Project Sentinel Ann Marquart 650-321-6291 Sacred Heart Community Service Barbara Zahner 278-2181 St. Joseph's Family Center Marge Albaugh 842-6662 St. Vincent De Paul Society Steve Pehanich 298-7290 Silicon Valley Independent Living Center Cheryl Cairns 985-1243 Social Advocates for Youth Bea Lopez 253.3540 Support Network for Battered Women Lisa Strickland 650-940-7850 Unity Care Group. Andre Chapman 281-4268 Watch Mary Rose Delgadillo 271-9422 TASK FORCE DRAFT GENERAL PLAN B-69 kl I'M I' s� a � B-70 TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT s _ _.: TASK FORCE DRAFT GENERAL PLAN Exhibit C. Affordable Housing Fund Summary (Figures Accurate as of Summer, 2001) INCOME: 1993 $300,000 (estimated) 1994 $200,000 (estimated 1995 $200,000 (estimated) 1996 $ 33,702 1997 $327,613 1998 $775,069 1999 $ 56,113 2000 $204,805 2001 $297,912 TOTAL $2,395,214 EXPENDITURES: $ 98,370 Pacific Autism Center for Education (PACE) Housing $315,500 Community Housing Developers for Beardon Purchase $417,000 Community Housing Developers for Stevens Creek Village $103,625 Cupertino Community Services for Greenwood Transitional $ 52,398 Cupertino Community Services for Affordable Placement Program $1,282,810 Cupertino Community Services for Heart of Cupertino Development (Committed/Not Yet Expended as of Summer, 2001) $2,269,703 TOTAL s _ _.: TASK FORCE DRAFT GENERAL PLAN EXHIBITS B-71 Exhibit D. Comparison of 1993 Housing Element Policies to Objectives Achieved 1993-2000 Policy 3-1 Housing Potential Provide for 1,.500 units in existing See strategies below non-residential areas. Prepare specific plans: Heart of Heart of the City Specific Plan See Policy 3-1, Program 1. the City, Vallco, North De Anza, adopted in 1995. Planning districts still included, Bubb. specific plans not called for. Housing mitigation program: new Housing mitigation program See Policy 3-3, Program 6 (calls office/ind. pays in -lieu fee. New generated 140 BMR units (rental for new nexus study) and Program res. provides 10% BMR. and ownership). 7 (calls for 15% BMR . Promote neighborhood housing by Ongoing. requirement). N' Policy 3-2 Total Allowed Housing Units Allow a total of 2;587 housing 264 units added between 1990 - See Policy 3-1, Programs l - 5 units. 1995, 10% of the objective. that identify 2,325 plus a potential of 500 more units for this planning period. Policy 3-3' Promotion of Neighborhood Housing Promote neighborhood housing by Ongoing. ,Ongoing, and see Program 13 for providing property owners with affordable housing information information. and supporta Policy 3-4 Density Bonus Encourage high-densityaffordable Although the City provided a See Program 14, Density Bonus " Housing with density bonuses. density bonus program, few Program. developments have taken advantage of it: Policy 3-5 Mandatory Residential Locations Consider specific .locations. for There were no "mandatory" sites . Not included. mandatory residential or mixed- established. use (Bandley Drive, Bubb Road, etc.). N' B-72 TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT a Comparison of 1993 Housing Element Policies to Objectives Achieved 1993-2000 (Cont.) POLICY (Summary) SUMMARY OF PROGRESS, 2001 ACTION Policy 3-6 Surplus School and Church Site Development Consider surplus school and Policy 3-6 was considered but no See Program 11, Surplus Property urban church sites for higher parcels were developed during the for Housing. density and mixed- use housing. time frame of the Housing Element. Policy 3-7 Additional Study Areas Consider other areas such as Not studied. Not included. Stelling between 280 and Stevens Creek, etc. Policy 3-8 Transfer of Devel- opment Credit Density Bonus Allow a density bonus if TDC The TDC program was never Not included. program is adopted. adopted. Policy 3-9 Discount Parking Standards - Discount parking standards for Several projects used discounted See Program 15 Regulatory mixed-use development. standards, such as Pinn Brothers Incentives. (Stevens Creek and Blaney) and CCS (Stevens Creek and Vista). Policy 3-10 Development Standards Set landscaping, open space and "Heart of the City" Specific Area Not included. setback standards so there are Plan is an example of a city plan minimum standards that must be that establishes minimum met. development standards. Policy 3-11 Design Standards Set high standards of design for "Heart of the City" plan also Not included. high density/mixed-use projects. . included high standards of design. Policy 3-12 Accessory Housing Units Allow accessory housing units on Second Unit Program (Accessory See Program 4 Second Dwelling certain lots in single -family Units) produced 14 units, as of Unit Ordinance. districts. April 2001. 3 a' TASK FORCE DRAFT GENERAL PLAN EXHIBITS B-73 J Comparison of 1993 Housing Element Policies to Objectives Achieved 1993.2000 (Cont.) Policy 3-13 Affordable Housing See above. Not included. state and.federal programs that Sites promote or provide housing. Identify sites for very low,. low CCS site was identified. See Program 13, Affordable and moderate -income housing. Housing Information and On-going. Not included. Support. Policy 3-14 Creative Finance Policy 347 HCD Funds Methods Availability Foster a conducive environment The "Heart of Cupertino" Not included. for attracting low and moderate affordable housing project is an funds for site acquisition for low prices housing programs financed example of a project assisted with and very low priced housing. by other levels of government. federal and local funds. The 24 - Policy 3-18 Use of City Funds unit rental development has been Use City funds for affordable The City committed.- Not included. approved and will be built on rental housing to low and very approximately $1.Z million for land owned by the Fire District. low-income households. Policy 3-15 County, State and Federal Programs 'r Participate in available county, See above. Not included. state and.federal programs that promote or provide housing. Policy 3-16 HCD Funds Continue to make HCD fiends On-going. Not included. available to developers. Policy 347 HCD Funds Availability Make available HCD or general On-going.. Not included. funds for site acquisition for low and very low priced housing. Policy 3-18 Use of City Funds Use City funds for affordable The City committed.- Not included. rental housing to low and very approximately $1.Z million for low-income households. the "Heart of Cupertino" development. 'r 4W, IWie PLAN TASK FORCE DRAFT GENERAL B-74 TECHNICAL APPENDIx B: HOUSING TECHNICAL REPORT Comparison of 1993 Housing Element Policies to Objectives Achieved 1993-2000 (Cont.) POLICY (Summary) SUMMARY OF PROGRESS 2001 ACTION Policy 3-19 Priority Processing Give priority processing to Priority processing was.available See Program 15, Regulatory applications that provide very to affordable housing Incentives. low, low and moderate -income development. housing. Policy 3-20 Article 34 Referendum Place the issue of affordable Countywide Article 34 Not included. No longer housing on the.ballot to obtain Referendum was approved. necessary since referendum was Article 34 referendum authority. approved. Policy 3-21 Market Rate to Affordable Rental Units Encourage the conversion of existing market rate rental units to affordable rental units. Policy 3-22 Long -Term Leases Encourage long-term leases of property from churches, etc. for construction of affordable units. Policy 3-23 Priority Placement Give first priority in any affordable housing projects to individuals who reside, work, attend school or have family in Cupertino. A long-term lease was executed for the "Heart of Cupertino" development. Priority to Cupertino households is provided in the City's BMR processing guidelines. Policy 3-24 Affordable Rent Schedule Not included. See Program 11, Surplus Property for Housing. See Program 7, Housing Mitigation Plan: Residential Mitigation. Utilize the City's Affordable Rent On-going. See Program 7, Housing Schedule as a guideline in setting Mitigation Plan: Residential rents for new affordable housing. Mitigation. Policy 3-25 Rent Schedule Update Update the rent schedule each The rent schedule is updated See Program 7, Housing year as new income guidelines are each year. Mitigation Plan: Residential received. Mitigation. t x TASK FORCE DRAFT GENERAL PLAN ExH1B1TS Comparison of 1993 Housing Element Policies to Objectives Achieved 1993-2000 (Cont.) B-75 Policy 3-26 Office/Industrial Mitigation Mitigate new office/ind. The City has collected See Program 6. Housing Development by providing an in- Office/Industrial Mitigation Fees Mitigation Plan: Office and lieu fee. and those fees have been Industrial Mitigation. deposited in the City's Affordable Housing Fund. Require every residential The City's BMR Program has See Program 7, Housing development to participate in the generated 105 rental units and 35 Mitigation Program: Residential BMR program. homeowner units, for a total of Mitigation. 140 units. The program requires 10% of all new residential development to either provide onsite units or to pay an in -lieu fee (projects of 9 units or less). TASK FORCE DRAFT GENERAL PLAN Policy 3-27 Waive Fees Waive park fees and construction The City has waived park fees See Program15, Regulatory, tax for any affordable units. and waived construction fees for Incentives affordable units. Policy 3-28 Early Public Involvement Involve public from the Public input was obtained prior See Program 13, Affordable beginning when affordable to public hearings on the "Heart Housing Information and housing is being planned. of Cupertino" development. Support. Policy 3-29 Housing on Employment Center Sites Locate housing units on Several housing developments, See Program 16, Residential and employment center sites or in such as two large apartment Mixed -Use Opportunities in or areas that could be designated for projects near Wolfe Road and I- Near Employment Centers. . higher density housing. 280, were constructed. Policy 3-30 Residential Participation in BMR Program Require every residential The City's BMR Program has See Program 7, Housing development to participate in the generated 105 rental units and 35 Mitigation Program: Residential BMR program. homeowner units, for a total of Mitigation. 140 units. The program requires 10% of all new residential development to either provide onsite units or to pay an in -lieu fee (projects of 9 units or less). TASK FORCE DRAFT GENERAL PLAN B-76 TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT Comparison of 1993 Housing. Element Policies to Objectives Achieved 1993.2000 (Cont.) POLICY (Summary) SUMMARY OF PROGRESS 2001 ACTION Policy 3-31 On -Site BMR Units Emphasize on-site development See above. See Program 7, Housing Mitigation of the BMR units. Second Plan: Residential Mitigation. priority is off-site BMR units within City limits. Policy 3-32 Land In -lieu of BMR Allow developers to meet their All developers are informed that See Program 7, Housing Mitigation BMR requirements by making this option is available. To date, Plan; Residential Mitigation. land available to construct none have taken advantage of affordable housing. this opportunity. Policy 3.33 10% BMR Requirement Require 10% of a residential See Program 3-30 See Program 7, Housing Mitigation development to be BMR units. Plan: Residential Mitigation. Policy 3-34 Waive Fees Waive park dedication fees for See Program 3-27 See Program 15, Regulatory affordable units. Incentives. Policy 3-35 In -Lieu Fee Assess an in -lieu fee for develop- In -lieu fees are collected. See Program 7, Housing Mitigation ments of less than ten units. Plan: Residential Mitigation. Policy 3-36 BMR Time Requirement Require BMR units to remain. The BMR Program requires that See Program 7, Housing Mitigation affordable for a minimum of 30 affordability or resale restrictions Plan: Residential Mitigation. years. ' apply for a 99 year time period. Policy 3-37 Utilization of In - Lieu Fees Establish priorities for utilization The City has collected approx- See Program 8, Affordable of in -lieu fees the City receives. imately $2 million in in -lieu fees Housing Fund. over the past decade. (See Appendix for use of the fund.) i TASK FORCE DRAFT GENERAL PLAN EXHIBITS B-77 Comparison of 1993 Housing ElementPolicies to Objectives Achieved 1993-2000 (Cont.) Policy 3-38 Finance Strategies Investigate and encourage various A Redevelopment Project Area See Program 17, Redevelopment financing strategies, including ... a has been established. Housing Set -Aside Funds. redevelopment agency. Policy 3-39 Housing Endowment Program Create a' Housing Endowment The. Housing Endowment Not included. Program for the creation of Program was not created. The affordable housing units. City's Affordable Housing Fund was developed instead. Policy 3-40 Adequate Reserves Ensure the long-term viability of Not implemented. Not included. affordable projects by requiring the developer to provide an adequate reserve for Long-term maintenance. Policy 3-41 Mobile Homes and Pre -Fabricated Homes Permit the construction of mobile Mobile homes and pre -fabricated Not included. homes and pre -fabricated houses houses are permitted but none subject to regulations and codes. have been built during the time frame of the Housing Element. Policy 3-42 Condominium Conversion Conversion of rental multi -family There were no conversions of housing to condominiums will apartments to condominiums. not be permitted if if significantly diminishes the present number of rental units in Cupertino or reduces the ratio of ownership -to- . rental units. See Program 23, Condominium Conversions. B-78 TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT Comparison of 1993 Housing Element Policies to Objectives Achieved 1993-2000 (Cont.) POLICY (Summary) SUMMARY OF PROGRESS 2001 ACTION Policy 3-43 Conversions Remaining Low/Moderate Income Prior to condominium toner- See above. Not included. sions, ensure that a significant portion of the converted units remain part of the low and moderate income housing stock. Policy 3-44 Structural Upgrading Prior to conversion, ensure that See above. Not included. Structural the project has been upgraded to upgrading is required by law eliminate hazards and to meet anyway. Stating the obvious. current development standards. Policy 3-45 Temporary Emergency Shelter Work with local organizations to The "Rotating Shelter" Program See Program 29, Cupertino provide a temporary emergency has been operative and is Community Services (Homeless shelter that would rotate. currently managed by Cupertino Services). Community Services. Policy 3-46 Maintenance of Public Property Continue the high quality On-going. See Program 26, Neighborhood maintenance of public areas and and Community Cleanup trash pick. -up program. Campaigns. Policy 3-47 Code Enforcement Efforts Continue current code The City has continued to Not included. enforcement efforts. enforce current codes and supports all neighborhood efforts to maintain and/or improve residential properties. Policy 3-48 Neighborhood Cooperation Support local neighborhood See above. See Programl8, Housing improvement districts and Rehabilitation Program. homeowner associations. f TASK FORCE DRAFT GENERAL PLAN EXHIBITS B-79 Comparison of 1993 Housing Element Policies to Objectives Achieved 1993-2000 (Cont.) Policy 3-49 Residential Property Maintenance Encourage citizens to maintain See above. See Program 25, Conservation residential properties to enhance and Maintenance of Affordable the character of Cupertino, Housing. See Program 26, Neighborhood and Community Cleanup Campaigns. Policy 3-50 Code Inspection Program Continue to offer a presale code inspection program for residential structures. Not offered. Not included. . Policy 3-51 Housing Rehabilitation Loan Program Continue participation in the The City has continued to See Program 18, Housing Housing Rehabilitation Loan provide housing rehabilitation Rehabilitation Program. Program. assistance through the Urban County program. Assistance was available for both single-family and multi -family units. Policy 3-52 Expansion of Rehabilitation Activities Investigate other government- See above. funded programs available for expansion of rehabilitation activities. Policy 3-53 Substandard Housing Rehabilitation Encourage the upgrading and See above. rehabilitation of substandard housing. See Program 19, Home Access Program. Program 20, Weatherization Program. Program 21, Apartment Acquisition and Rehabilitation Program 22, Preservation of "At Risk" Units. Not included. TASK FORCE DRAFT GENERAL PLAN B-80 TECHNICAL APPENDIX B: HOUSING TECHNICAL REPORT Comparison of 1993 Housing Element Policies to Objectives Achieved 1993-2000 (Cont.) POLICY (Summary) SUMMARY OF PROGRESS 2001 ACTION Policy 3-54 Loan Programs Provide information on loan. See above. See Programs 19, 20, 21 and 22. programs Policy 3-55 Energy Conservation Techniques Actively promote energy The City has actively enforced See Program 27, Energy conservation techniques and Title 24 regulations and Conservation Opportunities. energy efficiency in building encourages energy conservation Program 28, Fee Waivers or design. in all developments Reductions For Energy Conservation. Policy 3-56 Solar Energy Re-examine the residential See above. See Program 27, Energy zoning ordinance to ensure solar Conservation Opportunities. energy use is not inhibited. Policy 3-57 Energy Conservation Programs Investigate energy conservation Not investigated. See Program 27, Energy program being implement by Conservation Opportunities.. other California cities. Policy 3-58 Discrimination Support efforts of organizations The Santa Clara County ,Fair See Program 32, Santa Clara which are working toward Housing Consortium assists County Fair Housing eliminating discrimination in the Cupertino residents with Consortium. Cupertino area. discrimination and housing complaints. Policy 3-59 Voluntary Mediation Board Refer landlord/tenant complaints See above. See Program 32, Santa Clara to a voluntary mediation board County Fair Housing established by the City and Consortium. operated by Project Sentinel. .. TASK FORCE DRAFT GENERAL PLAN PRINCIPAL POLLUTANTS OF THE AIR BASIN Dust, mist, ash, smoke and filmes are some common liquid and solid -particles founding the atmosphere. In urban - and industrial regions such as the Bay Area, par- ticulate emissions are caused predominately by human activities. Typical sources of par- ticulate generation are quarrying of minerals, operation of vehicles and equipment, refin- ing of crude oil, and manufacturing cheini- cals. Industrial dust is formed by grinding or pulverizing materials, as in cement produc- tion. Earth -moving operations, especially farming and construction, and grading for construction also cause large amounts of dust to enter into the air. Smoke composed of car- bon and other products of incomplete com- bustion,'such as open fires and fireplace, are the most obvious from of particulate pollu- tion. Natural sources of particles include wind eroding the earth and plant -based pollen, chemical emissions and dust. Very small particles in the air also are a major con- tributor to low atmospheric visibility typical in the Bay Area. Very small and light particles remain airborne for some time and can be.inhaled by people. The larger of the inhaled particles are not able to reach the lungs and are caught and expelled by the natural processes to the human body. However, very small inhaled particles can reach the lungs and can remain there for longperiods of time, adversely affecting sensitive persons having problems with asthma, bronchitis, and even lung cancer in heavily polluted urban areas. Some airborne particles are toxic in them- selves or become toxic when they combine with other products. There are no significant sources of toxic air pollutants in the Cupertino area. In the South Bay subregion between 1995 and .2000 the Federal Air Quality Standard of 150 mg/m3 for particulates was never exceeded, while the California Air Resource Standard of 50 mg/m3 was exceed- ed between 1 and 4 days per year, as meas- ured at the nearest San Jose stations. The federal annual geometric mean reached 70% of the standard of 30 mg/m3 in the San Jose area during the same period. The primary non -vehicular source of particulates in Cupertino is the Hanson Permanente Cement plant. From BAAQMD records of the most recent year ending June 2001, the Hanson plant emitted 245.9 tons of particu- lates into the air. A majority of these partic- ulates are heavy and settle to the ground within a few hundred feet of the plant. Carbon Monoxide (CO) , Carbon monoxide is an odorless, invis- ible gas that is a product of incomplete com- bustion. CO displaces oxygen in the blood, TASK FORCE DRAFT GENERAL PLAN C -L TECHNICAL APPENDIX C: AIR QUALITY diminishing a person's capacity to perform mentally and physically. Carbon monoxide is especially dangerous indoors, when ventila- tion is inadequate. About 70 percent of car- bon pollution in the Bay Area is emitted from motor vehicles. A substantial amount comes from burning wood in fireplaces and wood stoves. Higher concentrations of CO are found near major roadways and are increased as traffic and congestion increases. However, because of State and Federal con- trols on new car emissions over the past thir- ty years and voluntary efforts to reduce wood burning, no CO standards have exceeded in the Bay Area in the past six years. Ozone Unlike other pollutants, ozone is not emitted into the atmosphere, but in the most important product of atmospheric photo- chemical reactions. Photochemical air pollu- tion—or smog—results from a chemical reaction between nitrogen oxides and reac- tive organic gases under the influence of sun- light. The atmospheric pollutants involved in smog and ozone formation are emitted from combustion, manufacturing, produc- tion of chemicals, and vehicle operation. Various factors affect this process, including the quantity of gases .present, the volume of air available for dilution, the temperature, TASK FORCE DRAFT GENERAL PLAN and the intensity of the ultraviolet light from the sun. Ideal conditions occur in the sum- mer and early fall on warm, windless, sunny days that have a serious inversion of the nor- mal temperature distribution of the atmos- phere. The major effects of photochemical smog are aggravation of respiratory diseases, eye irritation, visibility reduction and vege- tation damage. Vehicles are the greatest sources of smog -producing gases in the Bay Area, pro- viding more than 50 percent of the reactive organic gases and nitrogen oxides. California's automobile control program together with the District's regulatory con- trols have- significantly reduced excesses of the national standard from a high of 65 days to exceedances in 1969. In June of 1995, the District achieved EPA attainment status for the national ozone 12 pphm 1 -hour standard, based upon five years of compliance. However, due to ozone excesses during 1995, 1996, and 1998 the District is again a nonat- tainment area for the ozone standard. In the 1996 to 2000 period the San Jose and South Bay area experienced 0 to4 exceedances of the Federal standard and 0 to5 exceedances of the 9 pphm 1 hour ARB standard. Under adverse weather conditions occurring in 1995 the South Bay had 14 ozone exceedances. BACKGROUND Three aspects of community noise are important in determining subjective response: 1) Level (i.e., magnitude or loudness) of the sound. 2) The frequency composition or spec- trum of the sound. 3) The variation in sound level with time. Airborne sound is a rapid fluctuation of air pressure and local air velocity. Sound lev- els are measured and expressed in decibels (dB) with O.dB roughly equal to the thresh- old of hearing. The frequency of a sound is a measure of the pressure fluctuations per second meas- ured in units of hertz (Hz). Most sounds do not consist of a single frequency, but are comprised of a broad band of frequencies dif- fering in level. The . characterization of sound level magnitude with respect to fre- quency is the sound spectrum. A sound spectrum is often described in octave bands that divide the audible- human frequency range (i.e., from 20 to 20,000 Hz) into ten segments. Figure 6-A shows a range of sound spectra for various types of sound over the audible hearing range. FREQUENCY WEIGHTING Many rating methods exist to, analyze sound of different spectra. The simplest method is generally used so that measure- ments may be made and noise impacts read- ily assessed using basic acoustical instrumen= tation. This method evaluates all frequencies by using a single weighting filter that pro- gressively de-emphasizes frequency compo- nents below 1000 Hz and above 5000 Hz. This frequency weighting .reflects the rela- tive decreased human sensitivity to low fre- quencies and to extreme high frequencies. This weighting is called A -weighting and is applied by an electrical filter in all U.S. and international standard sound level meters. NOISE EXPOSURE Noise exposure is a measure of noise over a period of time, whereas noise level is a single value at an instant in time. Although a single sound level may adequate- ly describe community noise at any instant in time, community noise levels vary contin- uo'usly. Most community noise is produced by many distant noise sources that produce a relatively steady background noise having no identifiable source. These distant sources change gradually throughout the day and include traffic, wind in trees, and distant industrial activities: Superimposed on .this slowly varying background is a succession of identifiable noise events of brief duration. TASK FORCE DRAFT GENERAL PLAN D-1 D-2 TECHNICAL APPENDIX D: COMMUNITY No1SE FUNDAMENTALS These include nearby activities such as single vehicle passbys or aircraft flyovers, which cause the community noise level to vary from instant to instant. A single number called the equivalent sound level or Leq is used to describe noise varying over a period of time. The Leq is the average noise exposure level over aperiod 'of time (i.e., the total sound energy divided by the duration). It is the constant sound level, which would contain the same acoustic energy as the varying sound level, during the same time period. The Leq is useful in describing noise over a period of time with a single numerical value. In determining the daily measure of community noise, it is important to account for the difference in human response to day- time and nighttime noise. During the night- time, exterior background noise levels are generally lower than in the daytime. Most household noise also decreases at night, and exterior noise intrusions become more noticeable. People are more sensitive to noise at night than during other periods of the day. To account for human sensitivity to nighttime noise, the Community Noise Equivalent Level (CNEL) is the adopted standard in California. CNEL values are typ- ically computed by energy summation, of hourly noise level values, with the proper adjustment applied for the period of evening or night. The CNEL is computed by assess- ing a 5 -dB penalty for evening (i.e., 7:00 pm to 10:00 pm) noise and a 10 -dB penalty for. nighttime (i.e., 10:00 pm to 7:00 am) noise. Noise exposure measures such as Leq and CNEL are A -weighted, with units expressed in decibels (i.e., dB). TASK FORCE DRAFT GENERAL PLAN SUBJECTIVE RESPONSE TO NOISE The effects of noise on people can be classified into three general categories: • Subjective effects of annoyance., nui- sance, dissatisfaction. • Interference with activities such as speech, sleep, and learning. • Physiological effects such as anxiety or hearing loss. The sound levels associated with com- munity noise usually produce effects only in the first two categories. No universal meas- ure for the subjective effects of noise has been developed, nor does a measure exist for the corresponding human reactions from noise annoyance. This is,primarily due to the wide variation in individual attitude regard- ing the noise source(s). An important factor in assessing a per- son's subjective reaction is to compare the new noise environment to the existing noise environment. In general, the more a new noise exceeds the existing, the less , accept- able it is. Therefore, a new noise source will be judged more annoying in a quiet area than it would be in a noisier location. Knowledge of the following relation- ships is helpful in understanding how changes in noise and noise exposure are perceived. • Except under special conditions, a change in sound level of 1 dB cannot be perceived. • Outside of the laboratory, a 3 -dB change is considered a just -noticeable difference. NOISE MONITORING SUMMARY D -J ® A change in level of at least 5 dB is What follows is a summary of each required before any noticeable change meter's location and measurement details. in community response would be, expected. Mete' #1 (E) ® A 10 -dB change is subjectively heard The first meter was, placed along as an approximate doubling in loud- Stevens Creek Boulevard, on the north side ness and almost always causes an of the street between North Wolfe Road and adverse community response. Finch Ave., adjacent to the Vallco Financial Center SW. The meter was approximately 60 feet from the center of Stevens Creek NOISE MONITORING SUMMARY Boulevard, the primary noise source. The Vallco Fashion Park: is located just northwest Overview of this monitoring location. Existing noise conditions in Cupertino were measured at six locations for twenty- Meted' #2 (A) four hours. These measurements com- The second meter was placed along the menced on December 18 2001 and ended south side of Stevens Creek Boulevard just on December 10, 2001. The six monitoring east of De Anza Boulevard, a commercial locations were chosen by the City of area. The meter was sited on a telephone Cupertino.` ' pole adjacent to the Symantec Building. There was construction. occurring on the The weather conditions during the south side of Stevens Creek Boulevard at. De measurement period are summarized in Table Anza. Stevens Creek Blvd. contains six D-1. lanes of traffic at the monitoring location, and was the primary, noise source. i Table D-1. y ' 5`•" 1.�syn^ t 4 F ,�'� ^� f -`_ � P Fr x.� Date£ � `�� High Temp x Mean Temp �� , i:1 ) i 'sS. 7 S i 44if � V ': Lovv Temp � VU�nds Cond�toons a �� - `�'4 '�C`f �� £L•.kZS h J �i' Ste!' .i �� 4 F '^F i' ''� � C� December 18 55° 500 t , § � d � $ 4 ) 5 'ss'A'y''�iz$ �' �.p' -: k iN _ � 450 0 — 5 mph Clear - ° ° December 19 57 50 ° 3 5 —15 mph 4 Cloudy' Y Ain TASK FORCE DRAFT GENERAL PLAN M TECHNICAL APPENDIX D: COMMUNITY NOISE FUNDAMENTALS Meter #3 (A2) The third meter was placed along South Stelling Road at Tomki Court, just north of the Highway 85 overpass. The meter was positioned on a telephone pole at a. height of eight feet, with the pole being located five feet from the roadway. The primary noise source is traffic along South Stelling with secondary noise sources being Highway 85 and the pub- lic park across the street. Meter #4 (B) The fourth meter was placed along the west side of North Stelling Road between Highway 280 and Homestead Road. This area is primarily commercial, with a shop- ping center across the street and a church and some .residences on- the west side of Stelling Rd. The meter; was located on a telephone pole at a height of eight feet. The primary noise source was vehicular traffic along North Stelling. Meter #5 (C) The fifth meter was placed along the west side of Foothill Boulevard just north of Silver Oak Way. At the measurement loca- tion there are six lanes of traffic (three in either direction), with residences flanking both sides of Foothill. There were a large number of trucks traveling to and from the quarry located further south on Foothill. There were approximately five trucks per minute in both directions counted at 12 pm. The primary noise source was the traffic on Foothill Blvd. Meter #6 (H) The sixth meter was placed along the south side of Bollinger Road just west of Miller Avenue. This area is residential yet Bollinger can be considered a major street. . The primary noise source was traffic along Bollinger Road. TASK FORCE DRAFT GENERAL PLAN tom# HOMESTEAD ROAD sc s t ti l pqG .05 Rio j 14 STEVENS CREEK BLVD .. !t +.�r• UL.Uv �� iMcCLELLAN €J j Y �Q- # .`da ROAD. m 'JI¢- ` e J. BOLLINGER RD ti ' Meter DNL CNEL - RAINBOW DRIVE �' #1 68 dB 69 dB #2 71 d B 72 d B {' RRosPE #3 73 dB 73 dB ROAD t #4 72 dB 72 dB #5 76 dB 76 dB #6 72 dB 73 dB TASK FORCE DRAFT GENERAL PLAN E Hourly Nouse Level Table D-2 is a summary by hour of the noise levels measured at each location. J Table D-2. 2:00 PM 67 dB 70 dB 68 dB 72 dB 74 dB 72 dB 3:00 PM 70 73 - 69 72 73 72 4:00 PM 69 72 71 72 73 72 5:00 PM 69 72 71 72 73 72 6:00 PM 68 71 70 72 73 - 71 7:00 PM 67 70 66 71 71 71 8:00 PM 66 69 66 70 70 70 9:00 PM 67 70 65 70 70 69 10:00 PM 63 66 74 66 69 67 11:00 PM 60 63 60 62 66 65 12:00 AM 58 61 58 61 63 62 1:00 AM 54 57 52 57 63 60 . 2:00 AM 55 58 58 61 61 56 3:00 AM 51 54 53 54 63 58 4:00 AM 56 59 52 58 64 65 . 5:00 AM 59 62 - 58 64 71 63 6:00 AM 62 65 63 66 73 66 7:00 AM 67 70 68 71 75 71 I 8:00 AM 67 70 69 72 75 73 9:00 AM 67 70 68 71 79 72 i 10:00 AM 69 72 68 71 75 71 11:00 AM 68 71 68 71 75" 71 12:00 PM 68 71 69 72 75 72 1:00 PM 68 71 68 71 74 71 TASK FORCE DRAFT GENERAL u PLAN D-6 TECHNICAL APPENDIX D: COMMUNITY NOISE FUNDAMENTALS TASK FORCE DRAFT GENERAL PLAN ■ The following definitions provide a more comprehensive discussion of the haz- ards that are described, in the main body of the text of the Health and Safety Element. Rupture "Zone F", as illustrated on the City Geologic Hazards Map, property owners must retain professional geologic consultants to determine whether or not specific fault traces impact proposed building sites for hab bl 1 Fault Rupture uta e or crrtuca structures. Surface fault rupture is the breaking of the ground along a fault trace usually during Ground Shaking a large magnitude earthquake. Although the Buildings and other structures located risk of damage associated with surface fault in seismically active regions such as the San rupture is high, it can be avoided by not plat- Francisco Bay area are exposed to the hazard ung structures across active fault traces. Thus; of severe ground shaking during earthquakes. an important element in community plan- Ground shaking is the vibration caused by ning involves knowing the locations of rupture of a fault segment during an earth - active fault traces. The State of California has produced maps depicting the general quake, and it can be felt over a wide area locations of known active fault traces. These when the magnitude of the earthquake is maps, referred to in the past as the Alquist- very strong. The shaking intensity also is Priolo Special Studies Zones Maps and more stronger in the area close to the earthquake recently as Earthquake Fault Maps, provide a epicenter and weaker in areas further away location information about the most widely from the earthquake. In. addition, the level of known active faults. Such as the San ground shaking is influenced by underlying Andreas fault. However, the scale and reso- rock formations, soil conditions and the lution of these maps are not sufficient to depth to groundwater. A widely used shaking accurately identify the location of faults with intensity scale is the Modified Mercalli respect to individual properties and building Intensity Scale (Table 6-A), which describes sites. In addition., other significant local the amount of damage occurring at any geo- faults, such as the Morita Vista -Shannon and graphical location in response to seismic Sargent-Berrocal faults, are not covered by shaking. the State maps. The City has updated its Geology Map and GeologicHazardsMap to reflect the most recent data concerning local fault trace alignments. Within the City Fault TASK FORCE DRAFT GENERAL PLAN E -L TECHNICAL APPENDIX E: GEOLOGIC AND SEISMIC HAZARDS Table E-1. General Comparison Between Earthquake Magnitude and the Earthquake Effects Due to Ground Shaking Earthquake ' Richter Modified Mercalli Intensity Scale* Damage To Category Mag., (After Houser,1970) Structure 2.00 I Detected only by sensitive instruments II Felt by few persons at rest, esp. on upper floors; delicate suspended objects may swing 3.00 III Felt noticeably indoors, but not always recognized as an earthquake; No standing cars rock slightly, vibration like passing trucks Damage Minor IV Felt indoors by many, outdoors by a few; at night some awaken; dishes, windows, doors disturbed; 4.00 V Felt by most people; some breakage of dishes, windows and plaster; Architectural disturbance to tall objects Damage VI Felt by all; many are frightened and run outdoors; Falling plaster and chimneys; damage small 5.00 5.3 VII Everybody runs; outdoors. Damage to buildings varies depending on quality of construction; noticed by driver of cars Moderate 6.00 VIII chimneys fall;, sand and mud ejected; drivers of cars disturbed Structural 6.9 IX Building shifted off foundations, cracked, thrown out Damage plumb; ground cracked, underground pipes broken; serious damage to reservoirs/embankments Major 7.00 X Most masonry and frame structures destroyed; ground cracked; rails bent slightly; landslides 7.7 XI Few structures remain standing; bridges destroyed; fissures in ground; pipes broken; land slides; rails bent Total Great 8.00 XII Damage total; waves seen on ground surface; lines of sight and level Destruction distorted; objects thrown into the air; large rock masses displaced * Subjective measure of ground shaking; not engineering measure of ground acceleration The intensity of an earthquake ground magnitude 6 earthquake. A large -magnitude shaking is related to the size or magnitude of earthquake on nearby faults could cause con - the earthquake. Each magnitude represents siderable local damage, depending on the 10' times the amount of ground motion and' distance from the epicenter and characteris- -approximately 31 times the amount of ener- tics of the ground. In general, structures on gy as the next lower numeral. Thus, an less well -consolidated bedrock and soil will earthquake of magnitude 8 releases about experience greater shaking intensities than 1,000 times more energy (31 x 31) than.a structures situated on hard rock. y _. M TASK FORCE DRAFT GENERAL PLAN GEOLOGIC AND SEISMIC HAZARDS The 1997 Uniform Building Code inclined fault planes descending to the west. (UBC) incorporates new seismic design The potential for such Wound deformation parameters that take into account various should be „considered during design of new types of faults, soil profile types and near- structures near active fault traces. source acceleration factors. The majority of the City located west of Highway 85 is locat- ed within 2 kilometers of known seismic Liquefaction sources (per California Division Of Mines Soil liquefaction is the phenomenon in and Geology. Near -Source Zones Map E-19). which certain water -saturated soils lose their Proposed new development located within strength and flow as a fluid when subjected kilometers of a known seismic source to intense shaking. With loss of soil strength, receives the most stringent near -source lateral spreading or sliding of soil toward a design factor, which is required for use with stream embankment can occur. Liquefaction 1997 UBC structural design calculations. ` can also result in the formation of sand boils, Figure 6-C on page 0 generally depicts the which represent conduits of pressure release location of the various faults and hazard from within the liquefied layer (at depth) to zones within the Cupertino planning area. the ground surface. Liquefaction can also lead to local settlement of the ground surface and a reduction of bearing support for build- �� ®�� ®��®�sn�t�®� ing foundations. The potential exists for tilt - Ground located in relatively close proximity to active fault traces may experi- ence' some level of ground deformation beyond the primary surface fault rupture zones. The distribution of this anticipated deformation is illustrated by the updated City Geologic Hazard Map — "Zone D". Ground deformation away from the primary rupture zones may include broad bowing or warping of the surface, ground cracking and secondary ground fissuring. The general magnitudes of such deformation could be up to several inches, whereas ground impacted by primary surface fault rupture could expel rience offsets of several feet. Adjacent to local thrust.: faults (Berrocal and Monta Vista faults), relatively broad zones of ground deformation should be anticipated immediately west of the mapped fault trace alignments. These zones of deformation are anticipated to result from seismic displacement at depth along ing or collapse of structures due to liquefac- tion iquefaction of underlying earthmaterials. Currently identified lands: subject to a moderate or higher level of risk for liquefac- tion are essentially coincident with areas of potential flood inundation adjacent to local creek channels. Relatively deep, unconsoli- dated granular soil materials potentially prone to liquefaction may occur in these areas. The combined liquefaction and flood inundation hazard is depicted'by Hazard "Zone P' on the City Geotechnical Hazards Map. Seismically Induced Landsliding Reactivation of existing landslides or generation of new slope failures (as discussed in the following section on landslides) may be initiated under intense seismic ground shak- ing conditions. As a result of the 1989 Loma Prieta earthquake, many large pre-existing landslides demonstrated' lurching or other TASK FORCE DRAFT GENERAL PLAN E-4 TECHNICAL APPENDIx E: GEOLOGIC AND SEISMIC HAZARDS signs of movement and partial reactivation within the local Santa Cruz Mountains to the southwest of the City. Intense seismic ground shaking from a nearby earthquake could trig- ger new slope failures or movement of pre- existing landslides. Steep to precipitous banks adjacent to the flood plane of Stevens Creek may be particularly susceptible to seismically induced land sliding. These areas, and other mapped land- slides within the City, are included within "Zone L" on the City Geotechnical Hazard Map. Landslide Hazards Landslides present the greatest geologic hazards to the foothills and low mountains in the planning area. The sliding of a slope is the normal geologic process that widens val- leys and flattens slopes. The rate ranges from rapid rock fails to very slow soil and bedrock creep. Landslides are caused by inter -related natural factors, such as weak soil and rock over hillsides made steeper by rapid stream erosion, adverse geologic structure, ground- water levels and high rainfall rates. Landslides can be caused by improper grad- ing, excessive irrigation, removal of natural vegetation and altering surface and subsur- face drainage. Figure E-1 on page 5 shows mapped landslide deposits within Cupertino. Geologic mapping in the hillsides'shows that TASK FORCE DRAFT GENERAL PLAN landslide deposits cover as much as 20 to 30 percent of the hillsides in the planning area. Landslides range from small, shallow deposits made up of soil and weak bedrock materials to large, deep landslides involving a large amount of bedrock. Extensive geologic characterization and engineering analyses are necessary to deter- mine the long-term stability of a landslide deposit. Old deposits are the most difficult to judge. Experience shows that old landslide deposits are far more likely to move again than areas that have not had landslides before. Areas in these old landslides that are next to steep, new stream channels are more likely to have new landslides than areas fur- ther from the new channels. This would be especially true with severe shaking during a major earthquake on any of the three faults in Cupertino. The historic account of the 1906 earthquake shows many landslides occurred throughout the Santa Cruz Mountains. Some of these were catastrophic, causing loss of life, personal injury and severe damage to buildings. Landslides are expected along the high, steep embankments that bound the Stevens Creek flood plane, confined to local sites along the stream channel alignment extend- ing from the front the hillsides across the valley floor. This hazard can be reduced sig- nificantly by restrictive building at the base and top of the embankments. w F E-6 TECHNICAL APPENDIX E: GEOLOGIC AND SEISMIC HAZARDS (back of Figure E-1) TASK FORCE DRAFT GENERAL PLAN F=1 Appendix F Slope Deft. STATEMENT OF PURPOSE other means. The slope -density formulas do This document has been prepared with not represent by themselves a complete safe - the intent of acquainting the general reader guard against development detrimental to with the slope -density approach to -deter- the environment; but, together. with other mining the intensity of residential develop- conservation measures, they are considered a ment. The slope -density approach was incor- valuable planning device. porated in the hillside plan in order to devel- op an equitable means of assigning dwelling unit credit to property owners. In addition to DISCUSSION ®F "SLOPE" offering the advantage of equal treatment for property owners, the slope -density formula Steepness of terrain can be .defined in can also be designed to reflect property own several ways: As the relationship between the ers, the slope -density formula. can also be sides of the triangle representing a vertical sec designed to reflect judgments regarding aes- tion of a hill, or as the angle between the ter - thetics and other factors into a mathematical rain and the horizontal plain, to name two. model which determines the number of units Unfortunately, the definitions of the terms per acre on a given piece of property based "slope" "grade," "gradient," "batter," and of the upon the average steepness of the land. expression "the slope is 1 to..." .are not well Generally speaking, the steeper the average known or uniformly applied, causing much slope of the property, the fewer the number of units which will be permitted. confusion: For purposes of this section, the concept of steepness of terrain will be defined ,Although the slope -density formula and discussed as a "percentage of slope." can be used as an effective means to control developmentintensity, the formula itself "Percent of slope' is defined as a meas - cannot determine the ideal development urenent of steepness of slope which is the pattern. The formula determines only the ratio between vertical and horizontal dis- total number of dwelling units, allowable on Lances expressed in percent. As illustrated the property, based upon the average slope; it below, a 50% slope is one which rises verti- does not determine the optimum location of cally 5 ft. in a 10 ft. horizontal distance. those units on the property. Exogenous fac- tors not regulated by the slope -density for- mula such as grading, tree removal, or other environmental factors would be regulated by TASK FORCE DRAFT GENERAL PLAN F -L TECHNICAL APPENDIX F: SLOPE DENSITY To more accurately assess the impact of steepness of terrain on the feasibility of resi- dential development, it might be helpful to examine some of phenomena commonly asso- )011 ciated with increasing percentages of slope steepness. DESCRIPTION OF SLOPE -DENSITY One of the most common confusions of tenninology relative to terrain steepness is the The "Foothill Modified" slope density synonymous usage of "percent of grade" and The "Foothill Modified" slope density "degree of grade." However, as the illustration is designed for application to those properties below indicates, as percent of grade increases, in the "Fringe" of the Hillside study area land becomes steeper at a decreasing rate. The with average slopes, less than 10%. The for - present slope -density formulas specified by the mula assumes availability of municipal serv- City of Cupertino require more land for devel- ices. Beginning at credit of 3.5 dwelling opment as the rate of percent of grade increas- units/gr. acre, the formula follows a cosine es. Thus, the relationship between percent of curve ofdecreasing density credit with grade and degree of grade is 'inverse rather increase of slope, achieving a constant above than corresponding. 43% average slope. 56.5 150 54.5 140 52.5 130 50.5 120 - 48 110 - 45 100 - 42 90 39 ° 80 c - 35 u 70 L - 31 a 60 - 27 50 - 22 40 - 17 30 - 15 20 - 6 10 -0 0 TASK FORCE DRAFT GENERAL PLAN DESCRIPTION OF SLOPE -DENSITY F-3 Percent of Description of Slope; Slope Problems 0-5% Relative level land. Little or no development problems due to steepness of slope. 5-15% Minimum slope problems increasing to significant slope problems at 15%. 15% is the maximum grade often considered desirable on subdivision streets. Above 15%, roads must run diagonally to, rather than at right angles to contours increas- ing the amount of cut and fill. For example, the lower segment of San Juan Road in the Cupertino foothills averages 20% in grade, 15-30% Slope becomes a very significant factor in development at this steepness. Development of level building sites requires extensive cut and fill in this slope category and the design of individual houses to fit terrain becomes important. 30-50% Slope is extremely critical in this range. Allowable steepness of cut and rill slopes approach at coincide with natural slopes resulting in very large cuts and fills under conventional development. In sonic cases, fill will not hold on these slopes unless special retaining devices are used. Because of the grading problems associated with this category, individual homes should be placed on natural building sites where they occur, or buildings should be designed to fit the particular site. 50%+ Almost any developmentcan result in extreme disturbances in this slope category. Except in the most stable native material special retaining devices may be needed. The"Foothill Modified 1/2 Acre" slope density This slope density is applied in the Urban Service Area to those properties where a full range of municipal utility servic- es; are available. The formula begins at den- sity of 1/2 acre per dwelling unit which holds constant at 22% average slope. From 22% to 43% average slope, the formula follows a cosine curve of decreasing density credit with increasing slope. The density credit above 43% average slope remains constant at 0.20 dwelling units/gr. acre. The "5-20" slope density This slope density is applied to those properties which lie west of the urban/subur- ban fringe. See the following pages for the three slope density curves. TASK FORCE DRAFT GENERAL PLAN F-4 TECHNICAL APPENDIX F: SLOPE DENSITY HOW TO CONDUCT SLOPE-DENSILY ANALYSIS (MAP WHEEL METHOD) The computation of density using a slope -density formula is relatively simple once the basic concepts are understood. This section of Appendix A describes the basic concepts in order to enable individuals to determine density. The City Planning staff will provide technical assistance however, it is the responsibility of the owner or potential developer to provide accurate map materials used in the slope -density investigation for a specific. property. The City has map material which is accurate enough to provide an approximate slope -density evaluation. Accurate informa- tion needed to evaluate a specific develop- ment proposal must be provided by the owner or developer. Step 1: Selection of Map Material . To begin any slope -density investiga- tion, it is important to select the proper map- ping material. Maps on which measurements are made must be no small in scale than . 1"=200' (1:2400). All maps must be of the topographical type with contour intervals not less than 10 feet. If the map wheel method is, used for measuring contours, or if a polar planimeter is used for measurement of an area, maps on which such measurements are made must not be smaller in scale than 1"=50' (1:600); these maps .may be enlarged from maps in a scale not less than 1"=200'. Enlargement of maps in smaller scale than 1"=200', or interpolation of contours is not permitted TASK FORCE DRAFT GENERAL PLAN Step 2: Layout of Standard Grid The property for which area and slope are to be measured is divided into a network of "cells" constructed from a grid system spaced at 200 ft. intervals. In order to ensure a common reference point and to prevent the practice of "gerrymandering' the grid sys- tem to distort the average slope of the prop- erty, the grid system must be oriented paral- lel to the grid system utilized by Santa Clara County's 1"=500' scale map series. Figure I illustrates a hypothetical proper- ty divided into cells by a 200 ft. grid network. It is perhaps easiest to construct the 200'x 200' cells by beginning at an intersection point of perpendicular County grid lines ("Q in Figure 1) and then measuring 200 ft. intervals along the two County grid lines until the entire property is covered with a network. After the grid lines have been laid out, it is helpful to number each 200 ft. square cell or part there- of. Whenever the grid lines divide the proper- ty into parts less than approximately 20,000 sq. ft., such areas shall be combined with each other or with other areas so that a number of parts are formed with the areas approximately between 20,000 and 60,000 sq. ft. Cells formed by combining several subareas should be given a single number and should be shown on the map with `hooks' to indicate grouping (see area 2 on Figure 1). At this point, the investi- gator should obtain a copy of the "Slope -Density Grid Method Worksheet," Figure 2 of this document. Under Column A (land unit), each line should be numbered down the page to correspond with the total_ number of cells on the property. (Figure 2). Step. 3: Measurement of Area and Contour Length With the map material property pre pared in Steps One and Two, we can now HOW TO CONDUCT. A SLOPE-DENSILY ANALYSIS (MAP WHEEL METHOD Composite Grid "Cell" 1 Property Line Standard Grid "Cell" County Grid Line "A" �I 1 I3 5 o q' 44 7 a* 10o —� 2 �o 4 70 6 — --�— r o County Grid Line "B" loIntersection At "Q" Figure 1 begin the actual mechanics of the slope -den- sity analysis. The first task is to ascertain the acreage of the subject property. This acreage figure is obtained by measuring the area of each numbered cell divided by the 200 ft. grid, and then summing the results of the individ- ual measurements. Since the standard grid cell measures 200' x 200,' it is only necessary to measure the area of any non-standard size cell. Referring once again to the worksheet, as each cell is calculated for area, the results should be entered in Column B ( and Column C optional). See Figure 2. Irregularly shaped cells my be measured for area quickly and accurately by means of a polar planimeter. This device is an analog instrument which traces the perimeter of an area to be measured and gives the size in actual square inches. This measurement is then multiplied by the square of the scale of the map being used. For example, V - 200', the square of 200 ft. means I" equals 40,000 sq. ft. The total square footage of each cell can then be converted to acreage by dividing by 43,560 sq. ft. More detailed instruction in the use of the planimeter may be obtained from the City Planning Department. Areas of irregular shape can also be measured by dividing each part into trian- gles, for which aie areas are determined by the formula A - base x height + 2, if a planimeter is not available. Having now determined the area of each cell, one must now proceed to measure the contour lengths of the property. Contour length and interval are both vital factors in calculating the average slope of the land. Each contour of a specified interval is meas- ured separately within each standard cell or other numbered zone for which the area has been calculated. The map wheel is set at "zero" and is then run along the entire length of a contour within the boundary of the cell, lifted and placed on the next contour (with- out reseting the wheel to zero) and so forth TASK FORCE DRAFT GENERAL PLAN F-5 F-6 TECHNICAL APPENDIX F: SLOPE DENSITY until the total length of contours of the spec- ified interval within the individual cell is determined. The map wheel will display a figure in linear inches traveled. This figure shown on the dial should then be multiplied by the map scale. (Example: map wheel reads 14-1/2 inches, map scale is 1" 50'. Contour length - 14.5 x 50 - 750'). The, results should then be entered on the proper line of Column D (Figure 2). Step 4: Calculation of Average Slope Knowing the total length of con- tours, the contour interval, and the area of each numbered cell, one may now calculate the average slope of the land. Either of the two formulas below may be used to calculate average slope: S= 0.0023 1 L A S = average slope of ground in percent I = contour interval in feet L = combined length in feet of all con- tours on parcel A = area of parcel in acres The value 0.0023 is 1 sq. ft. expressed as a percent of an acre: 1 sq. ft. = 0.0023 ac. 43,560 S=IxLx100 A S = average slope of ground in percent 1 = contour irtervaling fcct L = combined length in feet of all con- tours on parcel A = area of parcel and square feet The results should be entered on the appropriate line of Column E of the work- sheet, T.SSK FORCE DRAFT GENERAL PLAN Step 5: Determination of Dwelling Unit Credit With. the average slope of the cell now determined, one can calculate the dwelling unit credit per cell by obtaining a factor frorn` the appropriate slope -density table (Section 3 of this document) then multiplying that factor by the area of the cell in acres. Refer to Figure 4 to ascertain which formula applies to the property under investigation. The formula factor is found by first reading the table column "s" (slope) until reaching the figure corresponding to the average slope of the cell being studied; next, one reads hor- izontally to the "d" column (density D.U. / gr. ac.). This factor should be entered in Column F of the worksheet. The factor in Column F is now multiplied by the acreage in Column B and the result entered under the appropriate slope -density formula title (Column G, H, I or 1). Step Six: Summation of Results When all .cells in the parcel have been analyzed in the manner previously described, the total for various components of the data may be derived and entered into the two bot- tom rows of the worksheet. Columns B, C (if used), and D should be summed at the bot- tom of the sheet. A mathematical average may be calculated for Column E. Columns G through J should be summed at the bottom of the page. The totals shown at the bottom of columns G through J represent the total number of dwelling units. permitted on that property, based on the average slope: These totals should be carried out to a minimum of two decimal places. HOW TO CONDUCT A SLOPE-DENSILY ANALYSIS MAP WHEEL METHOD Slope Density "Grid -Method" Work. Sheet s F-7 i PROPERTY DESCRIPTION: EXAMPLE DWELLING UNIT CREDIT FROM SLOPE/DENSITY TABLES . A B C, : D E F G H 1 J K LAND UNIT (acres) AREA (sq.ft.) CONTOUR Av.SLOPE FACTOR FOOTHILL MOD FOOTHILL MOD SEMI -RURAL COUNTY 1!3 ac. 1 compos. 1.14 49600 750 15.3 0.545 0.621 2 Compos. 1.18' 51300 680 13.3 0.572 0.675 3 std. 0.92 40000 320 8.0 0:625 0.575 4 Compos. 1.17 51000 490 9.6 0.606 0.709 5 0.86 37600 470 112.6 0.572 0.492 6 compos. 0.92 - 40100 190 4.8 0.660 0.607 7 0.56" 24300 ` 210 8.6 0.616 0.345 TOTALS BY GRID METHOD , 6.75 293366 3110 10.3 4.02 TOTAL BY SINGLE AREA, Figure 2 "Rounding" of ®welling Unit Credit Results "The rounding up of the numerical yield resulting The City Council, during its meeting of March from application of a slope -density formula may be per - 7, 1977, adopted the following policy regarding the mitted in cases where the incremental increase in den - rounding up of a numerical dwelling unit yield result sity from the actual yield to the rounded yield will not ing from application of aslope-density formula:result in a 10%increase of the actual yield. In no case, shall an actual yield be rounded up to the nut whole number unless the fractional number is .S or.greater. TECHNICAL APPENDIX F: SLOPE DENSITY Slope Density Formula:"Foothill Modified" d = 1.85 + 1.65 cos { (s-5) x 4.81 0<s<44 5 3.500 0.286 12,446 27 1.406 0.711 30,975 6 3.494 0.286 12,466 28 1.275 0.784 34,169 7 3.477 0.288 12,528 29 1.147 0.871 37,962 8 3.448 0.290 12,633 30 1.025 0.976 42,498 9 3.408 0.293 12,781 31 0.908 '1.101 47,957 10 3.357 0.298 12,975 32 0.798 1.253 54,569 11 3.296 0.303 13,216 33 0.696 1.438 62,626 12 3.224 0.310 13,510 34 0.601 1.664 72,484 13 3.143 0.318 13,859 35 0.515 1.941 84,562 14 3.053 0.328 14,269 36 0.439 2.280 99,305 15 2.954 0.339 14,746 37 0.372 2.688 117,073 16 2.848 0.351 15,297 38 0.316 3.166 137,905 17 2.734 0.366 15,932 39 0.270 3.698 161,081 18 2.614 0.382 16,661 40 0.236 4.236 184,532 19 2.489 0.402 17,498 41 0.213 4.695 204,497 20 2.360 0.424 18,459 42 0.201 4.964 216,235. 21 2.227 0.449 19,562 43 0.201 4.964 216,235 22 2.091 0.478 20,832 23 1.954 0.512 22,297 24 1.815 0.551 23,994 25 1.678 0.596 25,967 26 1.541 0.649 28,271 TASK FORCE DRAFT GENERAL PLAN HOW TO CONDUCT A SLOPE'DENSILY ANALYSIS (MAP WHEEL METHOD Foothill Modified 5 10 15 20 25 30 35 40 43 Slope (%) .5 . 4.5 4 3.5 ,J .E 3 c v 2.5 L CL 2 Ln L V Q 1.5 1 0.5 0 HOW TO CONDUCT A SLOPE'DENSILY ANALYSIS (MAP WHEEL METHOD Foothill Modified 5 10 15 20 25 30 35 40 43 Slope (%) F-10 TECHNICAL APPENDIX F: SLOPE DENSITY Slope Density Formula:"Foothill Modified 1/2 Acre" d = 1.85 �+ 1.60' cos {(s-5) x 4.81 5<s<44 22 2.091 0.478 20,832 23 1.054 0.512 22,297 24 1.815 0.551 23,994 25 1.678 0.596 25,967 26 1.541 0.649 23,271 27 1.406 0.711 30,975 23 1.275 0.784 34,169 29 1.147 0.871 37,962 30 1.025 0.976 42,498 31 0.908 1.101 47,957 32 0.798 1.253 54,569 33 0.696 1.438 62,626 34 0.601 1.664 72,484 35 0.515 1.941 84,562 36 0.439 2.280 99,305 37 0.372 2.688 117,073 38 0.316 3.166 .137,905 39 0.270 3.698 161,081 40 0.236 4.236 184,532 41 0.213 4.695 204,497 42 0.201 4.964 216,235 43 0.201 4.964 216,235 TASK FORCE DRAFT GENERAL PLAN HOW TO CONDUCT A SLOPE-DENSILY ANALYSIS MAP WHEEL METHOD) F-11 Y Foothifl Modified -1 /2 Acre 5 TASK FORCE DRAFT GENERAL PLAN ' 5 4.5 4 3.5 .E 3 aj 2.5 L Q 2 L V 1.5 1 0.5 n 5 TASK FORCE DRAFT GENERAL PLAN ' F-12 TECHNICAL APPENDIX F: SLOPE DENSITY 5-20 Acre Slope Density 10 0.20 5.00 217,800 31 0.10 9.92 431,964 11 0.20 5.07 220,786 32 0.10 10.32 449,722 12 0.19 5.15 224,518 33 0.09 10.75 468,121 13 0.19 5.26 228,992 34 0.09 11.13 487,154 14 0.19 5.38 234,204 35 0.09 11.63 506,814 15 0.18 5.51 240,153 36 0.08 12.10 527,093 - 16 0.18 5.67 246,835 37 0.08 12.58 547,982 17 0.17 5.84 254,245 38 0.08 13.07 569,475 18 0.17 6.02 262,381 39 0.07 13.58 591,563 19 0.16 6.23 271,238 40 0.07 14.10 614,238 20 0.16 6.45 280,811 41 0.07 14.63 637,491 21 0.15 6.63 291,096 42 0.07 15.13 661,313 22 0.14 6.94 302,089 43 0.06 15.74 685,696 23 0.14 7.20 313,784 44 0.06 16.31 710,630 24 0.13 7.49 326,176 45 0.06 16.90 736,106 25 0.13 7.79 339,260 46 0.06 17.50 762,115 26 0.12 8.10 353,030 47 0.06 18.10 788,648 27 0.12 8.44 367,481 48 0.05 18.73 815,694 28 0.11 8.78 382,606 49 0.05 19.36 843,244 29 0.11 9.15 398,309 50 0.05 20.00 871,288 30 0.11 9.52 414,854 50> TASK FORCE DRAFT GENERAL PLAN HOW TO CONDUCT A SLOPE-DENSILY ANALYSIS MAP WHEEL METHOD) 5 20 Acre Slope Density 20.00 16.90 14.10 /11.63 9.52 6.45 7.79 5.00 5.00 5.51 F-13 GPA -2004-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6305 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A COMPREHENSIVE AMENDMENT OF THE LAND USE/ COMMUNITY DESIGN, CIRCULATION, ENVIRONMENTAL RESOURCES/ SUSTAINABILITY AND HEALTH AND SAFETY ELEMENTS OF THE CITY OF CUPERTINO GENERAL PLAN SECTION I• PROTECT DESCRIPTION Application No.: GPA -2004-01 (EA -2004-17) Applicant: City of Cupertino Location: Citywide SECTION II: FINDINGS WHEREAS, the Planning Commission has held public hearings and considered public testimony from citizens, and from representatives from other public agencies and interested groups; and WHEREAS, the Planning Commission considered the Environmental Impact Report which evaluated the potential significant impacts that the General Plan amendment may have on the environment; and WHEREAS, said Environmental Impact Report reflects the independent judgment of the Commission; and WHEREAS, the Planning Commission determined that certain potential environmental impacts resulting from adoption of the project may cause a significant effect upon the environment, but that changes have been incorporated into the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 6305 recommending that the City Council certify the Environmental Impact Report to be complete and in compliance with the California Environmental Quality Act and the CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED: 1. That the Planning Commission hereby approves the General Plan entitled "The Task Force Draft September 2004" and Changes (Exhibit A) (3-9 Resolution No. 6305 GPA -2004-01 Page 2 June 28, 2005 PASSED AND ADOPTED this 281h day of June 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Wong NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Chen, Giefer, Vice -Chair Miller, Saadati and Chairperson / s/ Steve Piasecki Steve Piasecki Director of Community Development APPROVED: /s/ Gilbert Wong Gilbert Wong, Chairperson Planning Commission 13—(a GPA -2004-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6306 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL CERTIFY THAT THE ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NUMBER 2002122061) FOR THE COMPREHENSIVE GENERAL PLAN AMENDMENT GPA -2004-01 IS COMPLETE AND IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. WHEREAS, the Planning Commission has reviewed the Environmental Impact Report (EIR) to consider the potential significant impacts that the General Plan Amendment may have on the environment; and WHEREAS, the Planning Commission has held public hearings and considered the comments from citizens, and from representatives from other public agencies and other interested groups on the EIR; and WHEREAS, the Planning Commission has reviewed the responses to comments made at the public hearings and the review period; and WHEREAS, the Planning Commission exercised its independent judgment while considering the information contained in the EIR prior to reaching a decision to approve said comprehensive General Plan Amendment; and NOW, THEREFORE, the Planning Commission recommends that the City Council certify the Environmental Impact Report to be adequate and complete and in compliance with the California Environmental Quality Act and the CEQA Guidelines. PASSED AND ADOPTED this 28th day of June 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Wong NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Chen, Giefer, Vice -Chair Miller, Saadati and Chairperson s Steve Piasecki Steve Piasecki Director of Community Development APPROVED: Is/ Gilbert Wong Gilbert Wong, Chairperson Planning Commission 1 3 _ GPA -2004-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6307 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO ADOPTING THE GENERAL PLAN APPENDICES A (LAND USE DEFINITIONS), B (HOUSING), C (AIR QUALITY), D (COMMUNITY NOISE FUNDAMENTALS), E (GEOLOGIC & SEISMIC HAZARDS) & F (SLOPE DENSITY) OF THE CITY OF CUPERTINO GENERAL PLAN SECTION I: PROJECT DESCRIPTION Application No.: GPA -2004-01 (EA -2004-17) Applicant: City of Cupertino Location: Citywide SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino has reviewed appendices A, B, C,D,E&F; and WHEREAS, the Planning Commission finds that the proposed document meets the following requirements: 1. That the appendices are aids to implementation of the Cupertino General Plan; 2. That the information in the appendices is consistent with existing General Plan Policy and with various related interpretations of Policy, and does not in itself create new policy. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF CUPERTINO HEREBY ADOPTS AS FOLLOWS: Appendices A, B, C, D, E & F as adjunct documents to the General Plan. I�-tt Resolution No. GPA -2004-01 June 28, 2005 Page 5 PASSED AND ADOPTED this 28th day of June 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chen, Giefer, Vice -Miller, Saadati and Chairperson Wong NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: /s/ Steve Piasecki Steve Piasecki Director of Community Development APPROVED: /s/ Gilbert Wong Gilbert Wong, Chairperson Planning Commission f 3-tz NOTICE OF DETERMINATION TO: Office of Planning and Research FROM: City of Cupertino 1400 Tenth Street, Room 121 Community Development Department Sacramento, CA 95814 10300 Torre Avenue Cupertino, CA 95014 - County Clerk County of Santa Clara 70 West Hedding Street San Jose, CA 95110 Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. General Plan of Cupertino Project Title 20.02122061 CiddyWordell (408),777,-3236 State Clearinghouse Number Contact Person Area C6de/Telephone/]Extension (Ifsubmitted to Clearinghouse) City of Cupertino Santa Clara County ]Project Location (include county) Comprehensive Amendments to the Cuipertino General Plan Pro ject Descriptio This is to advise that the City of Cupertino has approved the above described project on Lead Agency ❑ 'Responsible Agency 11/15105 and has made the following determinations regarding the above described projects. (Date)_ 1. The roject [❑ will `'will not] have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ❑ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures [V'were ❑ were not] made a condition.of the approval of the project. 4. A statement of Overriding`Considerations [❑ was 1Xas not] adopted for this project. available o the General is v t mal E1R-with comments and res onses acid record of project approval This is to certify that the f p p J Public at: I Cita o�pertino ' Community' Development Department 10300 Torre Avenue Cupertino, California 95014 City Planner UN kYTICE OF DETERMINATION TO: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk County of Santa Clara 70 West Hedding Street S J CA 95110 FROM: City of Cupertino Community Development Department 10300 Torre Avenue Cupertino, CA 95014 an ose, Subject: Filing of Notice of Determination incompliance with Section 21108. or 21152 of the Public Resources Code. General Plan of Cupertino ]Project Title 2002122061 Cid dy Wordell (408) 777-3236 State Clearinghouse Number Contact ]Person Area Code/Telephone/Extension (If submitted to Clearinghouse) City of Cupertino Santa Clara County Project ocatibn (in'clude county} Comprehensive Amendments to the Cupertino General Plan Project Description This is to advise that the City of Cupertino has approved the. above described project on Lead Agency ❑ Responsible Agency 11/15/05 and has made the following determinations regarding the above described projects. (Date) 1. The roject [❑ will Vwill not] have a significant effect on the environment. 2. '®'An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ❑ A Negative Declaration was prepared for. this project pursuant to the provisions of CEQA. 3. Mitigation measures R were -❑ were not] made a condition of the approval of the project. 4. A statement of Overriding Considerations [❑ was 9ewas, not] adopted for this project. This is to certify that the final E1R with comments and responses and record of project approval is available to the General Public at: City of Cupertino Community Development Department 10300 Torre Avenue Cupertino California 95014 Ci1y Planner Signature (Public Agency) Date Title Date received for filing and posting at OPR s S TO: Office of Planning, and Research FROM: City of Cupertino. 1400 Tenth Street, Room 121 Community Development Department. Sacramento, CA 95814 10300 Torre Avenue Cupertino, CA 95014 County Clerk County of Sarita Clara 70 West Hedding Street San Jose, CA 95110 Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. General Plan of Cupertino Project Title 2002122061 Ciddy Wordell (408) 777-3236 State Clearinghouse Number Contact Person Area Code/Telephone/Extension (If submitted to Clearinghouse) City of Cupertino Santa Clara County ]Project Location (include county) Comprehensive Amendments to the Cupertino General Plan Project Description This is to advise that the City of Cu ertino ! has approved the above described project on Lead Agency ❑ Responsible Agency 11/15/05 and has made the following, determinations regarding the above described projects. (Date) 1. 7Theroject [❑ will Vwill not] have a significant effect on the environment.2. Environmental Impact Report was_prepared for this project pursuant to the provisions of CEQA. ❑ A Negative Declaration was prepared for.this project pursuant to the provisions of CEQA. 3. Mitigation measures [O"were ❑ were not] made.a condition of the approval of the project. 4. A statement of Overriding Considerations [❑ was '"was not] adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the General Public at: City of C'.imertinn_ Community Development Department: 10300 Torre Avenue. Cupertino. California 95014 ■ TO: Office of Planning and Research FROM: City of Cupertino 1400 Tenth Street, Room 121 Community Development Department Sacramento, CA 95814 10300 Torre Avenue Cupertino, CA 95014 County Clerk County of Sarita Clara 70 West Hedding Street San Jose, CA 95110 Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. General Plan of Cupertino ]Project Title 2002122061 Ciddy Wordell (408) 777-3236 State Clearinghouse Number Contact Person Area Code/Telephone/Extension (If submitted to Clearinghouse) ,City of Cupertino Santa Clara County ]Project Location (include county) Comprehensive Amendments to the Cupertino General Plan Project Description I' This is to advise that the City of Cupertino has approved the above described project on Lead Agency 0 Responsible Agency 11/15/05 and has made the following determinations regarding the above described projects. (Date) 1. 7A:Environmental oject [❑ will 'will not] have a significant effect on the environment. 2. Impact Report was prepared for this project pursuant to the provisions of CEQA. ❑ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. ]Mitigation measures R were ❑ were not] made a condition of the approval of.the project. 4. A statement of Overriding Considerations [❑ was Vwas not] adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the General Public at: City of Cupertino, Community Development Department, 10300 Torre Avenue, Cupertino, California 95014 -zl,/ �° / f -7 /0 CiIY Planner Signature (Public Agency) Date Title Date received for filing and posting at OPR: TO: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk County of Sarita Clara 70 West Hedding Street FROM: City of Cupertino Community Development Department 10300 Torre Avenue Cupertino, CA 95014 San Jose, CA 95110 f etermination in compliance with Section 21108 or 2.1152 of the Public Resources Code. Subject: Filing of Notice o D J g p General Plan of Cupertino Project Title 2002122061 Ciddy Wordell (408) 777-3236 State Clearinghouse plumber Contact Person Area Code/Telephone/Extension (If submitted to Clearinghouse) City of Cupertino, Santa Clara County Project ]Location (include county) Comprehensive Amendments to the Cupertino General Plan Project Description This is to advise that the City of Qa ertino has approved the above described project on Lead Agency ❑ Responsible Agency 11/15/05 and has made the following determinations regarding the above described projects. (Date) 1. The project [❑ will Vwill not] have a significant effect on the environment. 2. )2 An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. 0 A Negative Declaratioon�n was prepared for.this project pursuant to the provisions of CEQA. [1® 3. Mitigation measures 'were- ❑ were not] made a condition of the approval of the project. 4. A statement of Overriding Considerations [❑ was Qew-* as not] adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the General Public at: Signature (Public Agency) Date Title Date received for filing and posting at OPR: I NOTICE OF DETERMINATION TO: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95 814 County Clerk County of Santa Clara 70 West Hedding Street San Jose CA 95110 FROM: City of Cupertino Community Development Department 10300 Torre Avenue Cupertino, CA 95014 Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. General Plan of Cupertino Project Title 2002122061 Ciddy Wordell (408) 777-3236 State Clearinghouse Number Contact ]Person Area Code/Telephone/Extension (If submitted to Clearinghouse) City of Cupertino Santa'Clara County Project ]Location (include county) Comprehensive Amendments to the Cupertino General Plan Project Description This is to advise that the City of Cu ertino has approved the above described project on Lead Agency_ ❑ Responsible Agency 11/15/05- and has made the following determinations regarding the above described projects. (Date) 1. The proj ect [❑ will Vw"'ill not] have a significant effect on the environment. 2. VAn Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ❑ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures [i�"were ❑ were not] made a condition of the approval of the project. 4. A statement of Overriding Considerations [❑ was ewas not] adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the General Public at: Cit o� f Cupertino Community Development Department 10300 Torre Avenue Cupertino, California 95014 City Planner Signature (Public Agency) Date Title Date received for filing and posting at OPR: e TO: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95 814 County Clerk County of Santa Clara 70 West Hedding Street San Jose CA 95110 FROM: City of Cupertino Community Development Department 10300 Torre Avenue Cupertino, CA 95014 Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. General Plan of Cupertino Project Title 2002122061 Ciddy Wordell (408) 777-3236 State Clearinghouse Number Contact Person Area Code/Telephone/Extension (If submitted to Clearinghouse) City of Cupertino, Santa Clara County Project Location (include county) ComprehensiveAmendments to the Cupertino General Plan Project Description This is to :advise that the Citv of Cupertino, has>approved the above described project on Lead Agency ❑ Responsible Agency 11/15/05 and has made the following determinations regarding the above described projects. (Date) 1. The roj ect [ ❑ will 'Vwill not] have. a significant effect on the environment. 2. VAn Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ❑ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures [0'were ❑ were not] made a condition of the approval of the project.. 4. A statement of Overriding Considerations [ ❑ was _ .was not] adopted for this proj ect. This is to certify that the final EIR with comments and responses and record of project approval is available to the General Public at: Signature (Public Agency) Date Title Date received for filing and posting at OPR: Message i �:l �.i �i �i�� r �•i ;- i l From: Bullock, Mike [mike. bullock@lmco.com] Sento Wednesday, November 09, 2005 8:20 AM To: City Clerk P Cc: Ciddy Wordell; Steve Piasecki; Cupertino City Manager's Office Sulfide RE: Novemberl5th2005CouncilMeetinginfo(Cashout) After discussion with Grace, I will try again. Mike Bullock Space -Ground ICD SlI-1005 (408) 756-6261 -----Original Message----- From-Bullock, Mike Sento Tuesday, November 08, 2005 5045 PM `foo 'cityclerk@cupertin000rg' Cc-, 'CynthiaW@cupertin000rg 'SteveP@cupertin000rg'; ''manager@cupertin000rg' Subjecto Novemberl5th2005CouncilMeetingInfo(Cashout) Mike Bullock November 15th 2005 City Council Meeting Subject: Why Cupertino Deeds to Deward Cashout at Places of Employment Mayor Kwok & Members of the Council: Page 1 of 14 We all agree. Cupertino's goal must be to keep our high teen companies. Events have conspired, or so it seems, over the last few years, to work against that goal. I remember the building of Valco. At that time it seemed inconceivable that Valco would,ever suffer high occupancy rates. Bad outcomes can occur, even in a city as well run as Cupertino. 11/9/05 Message Page 2 of 14 I see the development on the corner of Stevens Creek and De Anza as a symbol of the risk and vision that is needed, if we are to be successful. Congratulations to the Council members that approved that development. We cannot just drift and do what's easy and uncomplicated. Land has gotten very expensive. We need more housing. You can only park 140 cars on an acre of land. Laura Stuchinsky, Director, Transportation & Land Use for Silicon Valley Leadership Group emailed me: "You may be interested in another idea we are pursuing—using technology to maximize parking in smaller parcels of land. One example is automated parking lots that are in use in Europe and are slowly gaining ground in the US. These automated lots can park 2) to 3x as many cars in the same amount of land. We are planning to host a seminar on these and other "smart" parking ideas in the winter—early next year. If you're interested, I will be sure to include you on the mailing list." Well, I think that's great. Sure, the idea of "automated parking lots" suggests some sort of complicated machine, moving cars around, to park more the cars more compactly. So what happens if the machine fails? What if the next tenant doesn't want to maintain the machinery? I am not serious in raising these questions. They are similar to the concerns raised about cashout. I am sincere when I say that the city should allow its companies maximum flexibility in working to do more, while using less land. Every company needs to do a trade study of "do nothing", build a parking garage, buy an automated parking lot, or pay cashout. And if they implement a program which results in excess land, the city should give consideration to rezoning that land to a more profitable use. Car parking cashout is the best answer because the money paid goes to the employees, aiding in retention. But it requires flexibility in our off-street parking ordinances that does not currently exist. That problem needs to be fixed by implementing the cashout policy the has evolved over the last 5 months that I have been working with you on this issue. Highest regards, Mike Bullock PS: I have pasted in my last two speeches, which I failed to get into your earlier packets, just in case you want to read them. Mike Bullock October 4th City Council Meeting Mayor Kwok & Members of the Council: I want to summarize the car parking cashout program that is being proposed for Cupertino. 11/9/05 Message Page 3 of 14 In the first place, it is voluntary. Only companies that want to pay cashout will adopt cashout programs. Companies that decide to pay cashout may or may. not want to reduce the size of their parking lot. If they do want to reduce the size of their parking lot, they will, have to get their cashout program verified by the city. And I.think it would be appropriate for the company to pay for that service. Verification will take time and work. The company's enforcement method must be reviewed. Neighbors must be consulted. The expected significant reduction in parking lot usage must be observed. After verification, the required parking is reduced. However, that would not imply an automatic right to either develop the excess land or sell off the excess land., Companies could only lease the extra parking spaces to other users, to offset their cashout payments., If they wanted to sell off the land or build on the land, they would be required to get city approvals. Here is where we have to have some trust. We must trust the judgment of future City Councils. We have to trust the judgment of property owners to not devalue their own investment. I think that a sell off of excess land, to be used for housing, is probably the most likely outcome. This would require a use agreement requiring that cashout always be paid at the level that earned the parking lot size reduction. The owner will not do this unless it is in his or her best interest. Consider the example shown on my Chart 8. In that example, the company earns $155,000/year by doing casho,ut. If the company was leasing, the landlord would be able to rent the property at a low enough rate so that the rent reduction would be larger than t , he cashout money that would be paid out. And by the way, it seems entirely reasonable for developments that develop due to cashout, be charged a fee, to support any extra concern that could arise from having cashout properties in the city. This program offers new possible choices for workers, companies, and property owners. It offers the potential of helping to solve our company's biggest problem, which is overpriced housing and retaining employees. Gas is $3/gallon, Oil is $60/barrel. Land is very expensive. The city needs to consider all methods of increasing our city's chance at achieving sustainability. LP Chapter of the Sierra Club letter: We are hopeful that the Cupertino off-street parking ordinances will become a model that we can promote in other suburban cities. Mike Bullock October 18th 2005 City Council Meeting Mayor Kwok & Members of the Council: Thank you for having your cash out discussion and preliminary vote. 11/9/05 Message Page 4 of 14 It has been stated that, "Cash out would be an HR disaster". If true, where are th, examples of companies that have had that experience? Back in July, I placed into your packet, an article by Patrick Seigman on cashout. documents 11 cashout successes. I have not been able to find cashout failures. Pleas, go on line and see if you can find cash out failures. There may be some, but I have nc been able to find them. Perhaps the Chamber knows of such cases. Perhaps. Warning about possible problems are welcome, but cashout has been around a long time. If there are only success stories, we have to wonder if the fears are not being overstated. An( with computers and new technology, keeping track of what cars are in a parking lot has i fact, never been easier. I have already presented you with the most negative information I have been able to fine about cashout. Patrick Siegman wrote, "To keep commuters from parking on the street i nearby neighborhoods, a residential parking permit district, to reserve the street parkini, for residents only, is sometimes essential. Fortunately, setting up an entire district - signE permits and all — often costs less than a single new parking garage space." Now, I have not worked at a lot of companies. I have been at Lockheed Martin since 1971 However, I can't imagine our employees parking where they were instructed to not part' Cheating at cashout is stealing and I can't imagine Lockheed employees doing that. Still, companies have different "corporate cultures", and I am sure Patick's statements ari true. And that is really the point. All of Patrick's data is true. He reports on 11 cashOL experiences and all of them are positive. You have the published article. It is 10 years olc Cash out critics have not been able to discredit Patrick's article. Patrick was transportation analyst (at Stanford) when he wrote the article. He is still a transportatio analyst, locally, in private practice. Please take a moment to read the reference list of Patick's article and consider havirn more trust in the data that I have given to you. The other concern was that cashout would burden the city staff. But I don't hear th-C coming from the staff. Please consider trusting their judgment more. Probably they kno% that cashout has been good for cities. And they are willing to take on the adder responsibility and craft a reasonable and conservative city policy to encourage cash out. Finally, Councilmember Wang voiced concern that cashout could upset the balance o - jobs and housing, established by the GP Task Force. But that would be a Counc consideration if a company were to propose a sell off or a redevelopment of exces parking lot land. Please consider having more trust in the future city councils, that wouli consider such a proposal. LP Chapter of the Sierra Club letter: We are hopeful that the Cupertino off-street parking ordinances wi become a model that we can promote in other suburban cities. -----Original Message ----- From: Bullock, Mike Sent: Tuesday, September 27, 2005 5:59 PM 11/9/05 Message Page 5 o 14 To: pertinoxoro '-, Cc:�Ynth�VV8�cuoe�ino.oro;��weP0�ouoe�Kno�rg';\ma pe��ozr� Subject:October4th2OO5CouncU _ Mayor Kwok & Members ofthe Council: ` \ was disappointed by the Cupertino Chamber of Commerce letter of September 20th.2005.in which they request thot parking ceohout not be included in the General Plan. | have great respect for Cupertino companies. Since theChamber is their representative, it follows that | respect the Chamber's point ofview. However, | truly feel Cupertino companies will benefit greatly from |therefore find myself inthe unenviable position needing to providecounter arguments to the letter ofagroup that \ hope will become supportive of cashout. |norder todothis, | will refer tothe text oftheir September 2Oth letter. Paragraph 1 The Chamber of Commerce respectfully requests that "parking cash out" not be included in the General Plan. While we understand the rationale behind such a proposal, that of increasing use of public transportation, we do not believe this plan will achieve the goal, and may severely restrict use of land for subsequent lessees or It like a small point,but the ofoaahoutimtomitigate the unintended '- consequence cfgiving oneconomic advantage noemployees unuudrive every day *ve"."seu/at d" d ofland wiU nk/aocomn�odoto14O cars, car parking - necessarily either increases leases or increases capital cost of an employment facility, by a substantial amount. Either way, it reduces the wages that companies can pay, to all employees. | have stressed that parking cashout will increase transit use, bicycling, walking, and carpooling. (I should have mentioned that it will also increase the number of people working from home.) Simply put, cashout red ucessing le -passenger car commuting; it does not just increase transit use. The land restriction use comment is covered below, as is the comment that cashout won't achieve its goals. Paragraph 2 �ctransportation �� number o�strategies ^t��passes,encourage` free takepublic major transportation hubs, formal and informal carpool programs, etc. That is a valid and very pertinent point.H it argues for cashoutUncluding reducing the parking requirements as a function of amount paid), not against cashout. Under the current status quo, it makes no difference how much money a company spends to reduce car commuting. They g.^.~ reduction_ in the amount__of car parking_-~_ they must provide. This is admittedly simple. it really seem optimum, given the high cost of land, the high 000tofgesohnm.theneodfor more housing close u/work (which can ueudirect result ". requiring less our national trade imbalance, global warming,and all the other that we should reduce driving and do a better job of using our land? By the way, the cashout amount paid to an employee using some other expensivecommute-related benefit, such ==a "== transit pass ( Ecopass"), ....... be reduced bvthe value ofthe benefit. ` carpgraeu�� ~' This measure" which is not used by any current Cupertino business, would allow Message Page 6 of 14 employers to provide fewer parking spaces when they offer cash payments to employees who use public transportation. The HR impact of trying to police this program would make it unworkable, as "proof' of daily public transit usage would be impossible to track. Again, it is not just "employees who use public transportation". It is employees that do not use a car to get to work. Also, It is not surprising that no current Cupertino company does cashout. To date, it is not even identified as Transportation System Management (TSM). Why should Ecopass be designated TSM but not cashout? I believe that any company is free to pay employees for not using a car to get to work. Cashout has never been illegal. In fact, my understanding is that Apple, in Cupertino, did cashout, before they adopted Ecopass. My understanding is that Apple only paid $1.50 per day. I don't think this is enough to allow a parking lot reduction, but it was still a very progressive action that I appreciate very much. I have no knowledge of whether or not records were kept to determine its. effectiveness at reducing driving. But clearly, the most significant sentence of Paragraph 3 is, "The HR impact of trying to police this program would make it unworkable, as "proof' of daily public transit usage would be impossible to track.". Where is the evidence for this assertion? I have provided written documentation, in the form of Patrick Siegman's article, which I placed in your July meeting packet, of cashout results. A cashout program's results could not be good if the program was not being adequately "policed". My attached file's Chart 3 summarizes the results of Patrick's 11 cases of cashout. And every case was a success. How can the Chamber dismiss these results by saying that cashout is "unworkable"? Patrick is a reputable, local person, who was a Transportation Analyst for Stanford at the time he wrote the article. He has done local seminars on traffic calming. His article is ten years old. To my knowledge, no one has been able to discredit his findings. Finally, as my chart 10 shows, in a city that requires city verification before any reduction in required parking is allowed, only companies that are confident in their own ability to implement cashout will try cashout. The Chamber can't seem to imagine a way to efficiently implement cashout. This does not mean that there are no ways to efficiently implement cashout. Have there been cashout failures? Perhaps, but I know of none, even though I have tried to find failures. Cashout has had it critics over the years and I have tried to get them to give me the data upon which they base their fears. I have always failed to get any information about cashout problems. I sincerely hope that the Cupertino Chamber of Commerce will do its best to find examples of cashout programs that have not been successful, so that we can all learn from them. However, even if they find failures, it will not be difficult to design a City policy that will prevent harmful outcomes. My guess is that if the Chamber looks for failures, they will only find successes and they will therefore become cashout supporters. Paragraph 4 There would also be a significant detriment to subsequent users of a property, for if a single business took advantage of this program to build out more parking spaces, then every subsequent business would have to provide the same benefit or tear out building space for parking. What the Chamber meant to write was something like this: There would also be a significant detriment to subsequent users of a property, for if a single business took advantage of this program to build more buildings so as to reduce the number of parking spaces, then every subsequent business would have to 11/9/05 I Message 11/9/05 Page 7 of 14 provide the same cashout benefit or tear out building space for parking. Charts 11 and 12 deal with this concern. By the way, tearing out buildings for parking creates a great negative image. My pointing out (at an earlier public hearing, within my 3 minute presentation) that "building a parking garage" would be a way to "reverse cashout" really isn't much better. Councilman Lowenthal had the most reasonable reaction, saying that such a company could always be forced to employ no more than the number of people that could be accommodated by the reduced -sized parking lot. Chart 12 shows that all of these outcomes are unlikely. The reduced rents of a cashout facility (compared to a non-cashout facility) and paying cashout will always be the best option in a City where land is as expensive as it is in Cupertino. Chart 8 shows why this is true: the rent reduction will be less than the "cost" (it is a "cost" that helps retain the employees that get the cashout money, unlike the cost of paying the full rent of a non-cashout facility) of paying cashout. The Last Paragraph We appreciate the intent behind the program, but believe that current voluntary programs already in place are much more effective and efficient at increasing public transit ridership, and should be looked at first before 66parking cash out99 would ever be considered. I appreciate the fact that they appreciate the intent of cashout. However, it is hard for me to see how they "believe that current voluntary programs already in place are much more effective and efficient ". The 11 cases l have presented show that cashout is extremely effective. How could the "current voluntary programs" possibly be more efficient than cashout, since there is really no chance of any money going to the companies for having them? Chart 8 shows that the hypothetical Cupertino company earns over $150,000 per year to run its cashout program. Finally, the cashout policy being advocated for the City is strictly voluntary. It is only a new choice. It will not interfere with the other programs. This is not an "either or" choice for the City.The City can have all of the programs, including cashout, as TSM choices. However, once a Cupertino company chooses cashout and has a positive (cash flow) experience, other companies will quickly follow. We will all be beneficiaries of such an outcome. Please give this outcome a chance, by voting to include cashout in the General Plan. Sincerely and with highest regards, Mike Bullock Mike Bullock (408) 756-6261 -----Original Message----- From-,Bullock, Mike Sento Thursday, September 15, 2005 12043 PM Too 'cityclerk@cupertino.org' Cc,,, 'CynthiaW@cupertino.org'; 'SteveP@cupertino.org', 'manager@cupertino.org' Subjecto September20th2005CouncilMeetingInfo(Cashout) Mayor Kwok & Members of the Council: I am sending this the day after the September 14th meeting. I think that my primary need now is to respond to the Chamber of Commerce's cashout concerns that I think will be made on . I think I know some of what they will say. Message The enclosed charts are the same as those I will show you on September 14th. Page 8 of 14 1.) 1 have added a protection for companies in case too many employees stop driving. There has to be an upper bound to how much they pay. The factor would reduce the amount that each employee gets for not driving, from the agreed -to amount. I would like to show you more detail. In any case, this change can be seen in Charts 5 & 6. An example of the factor can also be seen in Chart 8. 2.) 1 have created Chart 8 to present a cash flow example of a cashout company. It has the factor to reduce the payment. The factor reduces the payment to $5 (18/20) = $4.50. Note that once the percent of employees gets beyond 1.5 times the percent of the parking lot size reduction, the amount paid to each employee becomes a dynamic value. As an example, if the percent reduction is 12% and the baseline payment was $5, then, if no employees drove to work, the employees would only get $5 (18%/100%) = 90 cents for each day they didn't drive. This protection is just as important as the provision that no reduction is done until verification is complete. 3.) 1 have created Charts 9 through 12 to respond to the Chamber of Commerce concerns that I expect. Thanks and highest regards, Mike Mike Bullock SBIRS SEIT Space -Ground ICD SI -1005 (408) 756-6261 -----Original Message ----- From: Bullock, Mike Sent: Tuesday, August 30, 2005 11:12 AM To: 'cityclerk@cupertino.org' Cc: 'CynthiaW@cupertino.org'; 'SteveP@cupertino.org'; 'manager@cupertino.org' Subject: RE: Aug ustl6thCouncilMeetinglnfo(Cashout) Subject: Sept6thCouncilMeetinglnfo(Cashout) Mayor Kwok and Members of the Council: Up until now I have been advocating three changes to the City's Parking Ordinance: 1.) A definition of cashout 2.) A schedule of parking lot sized reductions, offered to employers as a reward for cashout payments of specific levels, such as $4/day allows a parking lot size reduction of 9% $6/day allows a reduction of 12% $9/day allows a reduction of 18% 11/9/05 Message Page 9 of 14 3.) A set of any legal protections needed so that the City can continue to protect neighborhoods from the intrusion of parked cars. Also, in my Council Packet Email of ,duly 19th, I included the following paragraph regarding Item 3. Note that the primary method of protecting neighborhoods from the intrusion of parked cars, with the cashout provisions, is to not let the allowed parking lot size reductions be too large, for the corresponding amount paid. However, city staff will properly worry about the possibility that after a parking lot size reduction has resulted in some sort of redevelopment, the company (or a subsequent tenant company) then decides to not pay the cashout amount to employees, resulting in insufficient parking. In such a case, the City must be in a position to force the company to either go back to paying the cashout amount that allowed the parking lot size reduction or to spend whatever is required to put the parking lot back to its original size. However, since the meeting of August 16th, I have exchanged several very brief Emails with Councilman Lowenthal on cashout. Consequently, I would like to suggest a sentence to preface the schedule of parking lot size reductions, as follows. The following schedule of parking lot size reductions will not go into effect, for any company offering cashout, until after the expected reduction in parking lot use for that company is verified by the City. (I do not intend to imply that Councilman Lowenthal is advocating the above. I simply offer the change as a method to reduce any perceived risk to the city.) I have adjusted my charts accordingly. The changes are shown in red font. Apology: In my August 9th message and my August 16th comments, I should have said that the Planning Commission proposed Strategy 2 words mean practically nothing to me, not that they mean practically nothing. After thinking about'it (always dangerous) I have realized that it may be that the wording makes cashout an official TSM strategy in the city and, if true, this would therefore make cashout more appealing to companies. Sometimes I just don't know what I just don't know. However, I still think that a willingness to reduce the size of a required parking lot is the key to encouraging cashout. Final Comment in Favor of Cashouto I have heard several Councilmembers mention a desire to give a maximum flexibility to companies that do business in Cupertino. I believe that nearly all Cupertino citizens favor this goal. Cashout offers employers another method to do business in Cupertino. They will do it if and only it it is to their benefit, which is the way it should be. I am anxious to meet with each of you to discuss cashout. Please give me a call so that we can schedule a time. I am also looking forward to your September 6th meeting. Sincerely and with highest regards, Mike Bullock Mike Bullock sBIRS SETT Space -Ground ICD SI -1005 (40$) 756-6261. 1. Message -----Original Message ----- From: Bullock, Mike Sent: Monday, August 08, 2005 5:56 PM To: 'cityclerk@cupertino.org' Subject: Aug ustl6th CounciIMeetingInfo(Cashout) Mayor Kwok and Members of the Council, Page 10 of 14 Thank you for allowing me to make my 3 -minute presentation on July 19th. I got through 6 of the 7 charts that I had prepared. I hope that I made enough sense for you to be sufficiently interested in cashout that you were able to find the time to read the items that I got into your July 19th Meeting Packet. They are the following 3 items. 1.) My Email, including my original Email to the Planning Commission, as attached below, introducing and defining cashout 2.) My 14 Cashout charts, providing rational and a summary of the best data available on what happens when employees are offered cash to not drive to work 3.) The Patrick Seigman Article on Cashout, which is fun to read and provides the references for the data in my 14 Cashout charts (Item 2.) For your August 16th meeting, the only item I have for your packet, besides this email, is a set of 7 charts. They are almost identical to the 7 charts I attempted to present at your last meeting. The presentation by Councilmember James, where she mentioned how fast things are changing, caused me to realize that my reference to an on-site photo developing service was pretty dated, given the growing popularity of digital cameras. So I removed it. The only other change I made was to improve my recommended wording change to "Strategy 2, TSM" of the Circulation Element, by adding a sentence which makes the point that cashout will encourage walking, biking, carpools, and transit use. As I see it, there are now two cashout choices for you to consider. 1.) Accept the Strategy 2 cashout wording that was brought forward from the Planning Commission: Encourage TSM programs for employees in both the public and private sectors by including preferred parking for carpools, providing bus passes, encouraging compressed workweeks and offering parking cashouts. The problem with this choice is that the words mean practically nothing. The reason that they mean practically nothing is that there is no subject to match with the verb "encourage" and the phrases "by including ... ", "by providing ... It it "ecouraging compressed workweeks", and the new phrase, "offering parking cashouts". It begs the question, what entity will actually do these things? A reader might assume that the City will take these actions. But that would only be an assumption. Besides, even if that were true, why would that encourage other employers to follow suit? What would be their motivation? Your second choice is to actually create a new choice for all of the employers in our city. The new choice will encourage all of the desired results. 11/9/05 Message Specifically I see the following as your best option. 2.) Recommend the Strategy 2 cashout wording: Page 11 of 14 Encourage Emp� oyee cashout Programs by amending the Cupertino Parking Ordinance (within I year) with 1.) a definition of empu oyee cashout 2.) a schedule of parWna lot size reductions as a function of amount paid, and 3.) legal protections to ensure sufficient {parking in all cases Note that cashout will increase walking, biking. carraools, and transit use. Well, I have to admit that there is still no explicit subject. But there can really be no doubt that the City will take the action. Only the City can amend its Offstreet Parking Ordinance. This is where the City takes advantage of the fact that it has always done a great job of retaining dedicated and talented employees. A Note finally that my attached July 11th message has a paragraph explaining the 3d item, "legal {protections to ensure sufficient parking in all cases." I have one personal request. 1. plan to observe the entire August 16th General - Plan discussion. I am very interested in what other citizens say about the General Plan Update. Besides this, I would love to find out your feelings towards these cashout options. Therefore I would be very pleased to hear any comments you might decide to make about cashout. I certainly do not want to waste people's time if there are not at least 3 of you that might consider recommending the proposed change to the City's off-street parking ordinance. I am looking forward to August 16th Sincerely and with highest regards, Mike Bullock Mike Bullock. (408) 756-6261 -----Original Message ----- From-. Bullock, Mike Sento Monday, July 11, 2005 1:45 PM Too 'cityclerk@cupertino.org° Subject-, 3ulyl9thCouncilMeetingInfo(cashout) Mayor Kwok, We met at the ABC dinner and, if I recall correctly, we briefly discussed bicycles. At that same event, my neighbor David Greenstein introduced me to Park Commissioner Rod Brown, who then introduced me to Planning Commissioner Gilbert Wong. Commissioner Wong and I discussed car parking cashout and how the city might take actions to promote the concept in the city. He asked me to send him an Email on the topic. The result is the Email attached below. The Email was distributed further. The resulting comments were supportive. I was subsequently made to understand that the Planning Commission added some cashout information and recommendation(s) into their June 28th packet 11/9/05 Message I Page 12 of 14 for consideration and I was invited to make a presentation at that June 28th meeting. I did that and the Commission took a vote, approving whatever cashout support it was that was in their packet, to be forwarded to you. I therefore assume that you got some sort of a General Plan update recommendation regarding cashout, to be considered, starting at your July 19th meeting. I would now like to define "cashout at places of employment" and state how I would like to see Cupertino's off-street parking ordinance amended, so as to offer new choices to companies. Car Parking Cashout at Places of Employment is where an employer chooses to pay its employees a cash amount for each and every time that they get to work without driving a car. (As you might imagine, this action increases car-pooling, biking, walking, and using transit to get to work. The cashout data, that I intend to provide to you, shows that these increases are surprisingly large.) I believe that Cupertino's off street parking ordinances should be amended with 3 items, as follows. 1.) A definition of cashout 2.) A schedule of parking lot sized reductions, offered to employers as a reward for cashout payments of specific levels, such as $4/day allows a parking lot size reduction of 9% $6/day allows a reduction of 12% $9/day allows a reduction of 18% 3.) A set of any legal protections needed so that the City can continue to protect neighborhoods from the intrusion of parked cars. Note that the primary method of protecting neighborhoods from the intrusion of parked cars, with the cashout provisions, is to not let the allowed parking lot size reductions be too large, for the corresponding amount paid. However, city staff will properly worry about the possibility that after a parking lot size reduction has resulted in some sort of redevelopment, the company (or a subsequent tenant company) then decides to not pay the cashout amount to employees, resulting in insufficient parking. In such a case, the City must be in a position to force the company to either go back to paying the cashout amount that allowed the parking lot size reduction or to spend whatever is required to put the parking lot back to its original size. The Email attached below provides information regarding the Bicycle/Pedestrian Commission and that I did discuss this concept with the Director of Community Development, Steve Piasecki. Besides this Email (including the attached Email below), there are two other items that I would like to supply, in support of an informed cashout decision, as follows. 1.) The first is a set of Power Point charts, that includes some of the ideas behind cashout and, most importantly, the data showing how employees have reacted to the choice of cashout. 2.) The second is a reprint of an article by Patrick Siegman. 11/9/05 Message - Page 13 of 14 Patrick's article is fun to read. However, its real value is in that it provides the references for the cashout data shown in the charts. I plan to drop these two items into the City's drop box tonight, for inclusion into your packet for the July 19th meeting, or perhaps a later meeting, depending on what is appropriate, in the judgment of City Clerk Kim Smith. I believe that the time is right for our City of Cupertino to offer this new choice to our employers. We have the staff that can successful create the ordinance changes. As soon as a single employer creates a successful cashout program, and reaps clear benefits, many others will follow. Employees will appreciate their new choice. Many will chose to drive less and earn more money. Our City will become cleaner, safer, more beautiful, and generally more functional. Other cities will follow and VTA will become more successful. Eventually, our whole nation may come to thank Cupertino for its leadership on cashout. Respectfully submitted, Mike Bullock Mike Bullock (408) 756-62611 -----Original Message----- FromU Bullock, Mike Sento Monday, June 20, 2005 6025 PM Too 'gwong212@aol.com' Cc-, 'cbpac@greensteinocom'; 'jhwalton@msn.com', 'foulkes@apple.com' Subject. CarParkingCashout(I met you at the ABC ®inner.) Hello Commissioner Wong, I said I would Email you and so here it is. As an introduction, let me say that car -parking cashout is a better answer to the only legitimate CCC concern that I can think of, which is fear of gridlocked car traffic. Nobody likes clogged traffic. I would like your commission to recommend that the City amend its car -parking ordinances, so as to give new choices to our Cupertino companies. I believe that such an amendment could be described and included in your General Plan recommendations. Let me explain. First, here's some background. Car -parking ordinances were invented to protect neighborhoods from the intrusion of parked cars. They perform that function well. But there are huge unintended consequences; among the most prominent are significant company expense, global warming, and traffic congestion. Finally, car -parking cashout at places of employment is (by my definition) where a company chooses to pay each employee an extra amount, for each and every time that the employee gets to work without driving. If the car parking ordinances were amended to offer companies the choice of adopting car -parking cashout, with a reasonable reduction in required parking 11/9/05 Message Page 14 of 14 lot size offered as a reward for doing so, then, without any coercion whatsoever, events would naturally turn for the better. More specifically, the off-street parking ordinance should be amended to first define cashout and then to set up a schedule of reductions, such as: $3/day allows a parking lot size reduction of 8% $6/day allows a reduction of 12% $9/day allows a reduction of 15% The actual numbers would have to ensure that everyone that decided to drive would have a parking place, even on the worst weather day. They would also have to reduce the number of required parking places by enough so that at least one company (to start) would see the potential to improve their financial condition if they adopted a cashout program. Once a Cupertino company implemented cashout successfully, others would follow. I believe that the car parking cashout case studies show that a workable schedule could easily be constructed, given the high price of land in Cupertino. However, your staff may offer many arguments as to why cashout won't work. That is their job, if they have concerns. I have exchanged Email on this topic with Ralph Qualls and I have had a meeting with Steve Piasecki. I believe that there are good answers to all of their objections. We need to have an open discussion. Then your commission can decide. The CCC ordinances amount to more government regulation. Car parking cashout programs being recognized in the off-street parking ordinances would offer a new set of choices for companies. They would also offer new choices for the lucky employees that worked for one of the pioneer companies that decided to offer cashout. Those employees could continue to drive every day and earn no extra money. On the other hand, they could choose to car pool, bike, walk, or take transit and be rewarded by getting some extra money. The case study results are very impressive. I would like to show you the car parking data that I have. I should also mention that several years ago, the Cupertino Bike -Ped Committee (this was shortly before they became a commission) voted to endorse the concept of amending Cupertino's off-street ordinances to recognize and reward cashout. Because of this, I have decided to CC Joe and David. I have also included Michael Foulkes, because I believe that Apple actually had a cashout program at one time and I am hoping that Michael will join the discussion and become an advocate for the new car -parking ordinance provisions. I hope you don't mind my including these others. (I also hope that David can document the Bike -Ped Committee vote, if needed.) Let me know when we could talk. Home: 996-7563. Work: 756-6261. If you think it would matter, I would be willing to make a presentation tomorrow at your Planning Commission meeting. I am going out of town Thursday, but I could be available on Monday evening, if that works. It was great to meet you at the ABC dinner. Cheers, Mike Bullock 11/9/05 November 15, 2005 Cupertino City Council Page 11 13. General Plan uydate, Application Nos. GPA -2004-01 and EA -2004-17, City of Cupertino, Citywide. (This item was continued from the meeting of October 18). a) Adopt a resolution certifying that the Environmental Impact Report is complete and in compliance with the California Environmental Quality Act, Resolution No. 05-193 b) Adopt a resolution approving the General Plan Amendments, Resolution No. 05- 194 c) Adopt a resolution approving the General Plan Technical Appendices, Resolution No. 05-195 City Planner Cynthia Wordell reviewed the staff report using a PowerPoint presentation. At 10:35 p.m. the public hearing was opened. Mike Bullock talked about his proposal for a car park cash out program. Myron Crawford recommended more flexibility on Bubb Road, and to allow for an employment center and more intense development in that area. Michael Pyle said he had objections to the Environmental Impact Review (EIR) having to do with a concentration of residential development in the Vallco area. He said that the EIR was written on the assumption that housing would be spread throughout Cupertino, when in fact it's in a concentrated area, creating school and traffic congestion. Jennifer Griffin said that Council should not allocate any more housing to Vallco, Tantau Parkway, and Pruneridge because schools are affected, the quality of life is decreased, and traffic is increased. Beverley Bryant, representing the Homebuilders Association of Northern California, encouraged Council not to mandate the residential sprinkler ordinance, policy 611, but to make it a voluntary program. She also urged Council to extend some of the areas regarding height. Norm Hackford asked that the Mayor read a note from the speaker card regarding the need for more citizen review of the EIR. He suggested that for those people who aren't able to stay to make comments in person that they are allowed to write a short note to be read into the record. Christine Giusiana, from the Chamber of Commerce, said that the chamber would like to keep industrial rather than change it to residential. She noted that if we continue to change, then there would eventually be encroachment on houses instead of houses encroaching on industrial. November 15, 2005 Cupertino City Council Page 12 The public hearing was closed at 10:50 p.m. Lowenthal/James moved and seconded to adopt Resolution No. 05-193. The motion carried unanimously. Lowenthal/ James moved and seconded to change the office commercial (non-residential) height in the Bubb Road area to 45 feet. The motion carried unanimously. Lowenthal/James moved and seconded that, in those areas where there was extra height given based on mixed-use, that it be changed to be extra height given based on a retail component. The motion carried unanimously. Lowenthal/Sandoval moved and seconded that the percent -for -art language be re -instated, and that the requirement be changed to a quarter percent for any development that is at least 50,000 square feet, with a $100,000 cap. The motion carried unanimously. Lowenthal/Wang moved and seconded to remove the residential overlay in the North Vallco area, reduce the number of units to 130, and add the additional 170 units back into a pool. The motion failed with Wang and Lowenthal voting aye. Lowenthal/Wang moved and seconded to decrease the housing allocation in the North Vallco area from 300 to 130, and add the additional 170 units back into a pool. The motion failed with Wang and Lowenthal voting aye. Sandoval commented for the record that Council may want to pursue this after the General Plan is approved. James/Sandoval moved and seconded to approve taking 2/3 of the square footage conversions that go for commercial office and put them into the pot with the one for major employers, with major employers being defined as companies with their corporate headquarters and sales offices located in Cupertino. The motion carried unanimously. Wang moved that the growth rate be limited to I% each year, or 10% per year of the allocation, with a 15% maximum Citywide. Council and staff suggested adding it to Council's work plan to study a managed growth plan for the future. The motion died. Lowenthal/Sandoval moved and seconded to clarify language for how the City uses the "other" categories in the neighborhoods versus industrial and commercial. The motion carried unanimously. James/Lowenthal moved and seconded to adopt Resolution Nos. 05-194 and 05-195. The motion carried unanimously. October 18, 2005 City Council Minutes Page 4 PUBLIC HEARINGS 7. General Plan update Application Nos GPA -2004-01 and EA -2004-17, City of Cupertino Citywide (This item was continued from the meeting of October 41 Community Development Director Steve Piasecki said that tonight Council would be looking at the remaining hot topics and any additional ones. He said that Council's goal would be to finish the General Plan discussion, vote for final approval, and review the Environmental Impact Report (EIR) at the November 15 meeting. He and City Planner Ciddy Wordell reviewed the staff report and the development allocation areas. Alan Chamorro, representing Grosvenor, the owner of Results Way Corporate Park, talked about the housing allocation for the Bubb Road area. He said that they invested in the property knowing that they had the option to convert it to office or residential space. He asked Council to support staff s recommendation to leave the allocations for the Bubb Road area and not move them into the general pool. Phil Mader, from Taylor Woodrow, said that they have a project on Bubb Road that they have been working on for a year and a half. He said that the application has been filed with the City and they hoped to bring it before Council in January. He asked that the 150 allocations remain on Bubb Road, as staff is recommending, in order to continue with their project. Ed Shaffer, an attorney representing Taylor Woodrow, said the 1993 General Plan authorized 150 units for this area and nothing has changed since then to warrant eliminating those units. He urged Council to keep the allocation in the Bubb Road pool. Mike Bullock said that someone stated that cash out would be a human resource disaster. He asked where the examples are of its failure. He read an article about the positive experiences of cash out, and he asked Council to craft a reasonable policy and to trust in any future Councils that might consider cash out. Myron Crawford, representing Berg and Berg Developers, said that they have properties on Bubb Road. He said that if Council continues to encourage a low- rise industrial development then there's no incentive to go back and intensify and redevelop the properties. He said that other cities are moving toward more intensity. He said he agrees with 45-60 feet for 2-3 stories, which is what is needed to properly build. He also asked Council to incorporate a 45-60 percent Floor Area Ratio (FAR) for 2-3 stories into the General Plan. Jennifer Griffin asked why Vallco North and South are the only areas targeted in the General Plan for heights of 60 feet, and said that the residents have made it clear that they don't want buildings that high. She said that all these projects October 18, 2005 City Council Minutes Page 5 would have students attending Cupertino High School, and she asked that Council protect the high schools by not allowing additional housing. Michael Pyle said he shared the concerns about schools in his neighborhood, including Collins School, which is full. He said he was concerned about the housing allocation in the Vallco area and the impact on schools, traffic, and quality of life. He said that once that area is developed with housing, Cupertino will have lost its ability to do something else with that large piece of land. He said the Planning Commission recommended studying the area first and encouraged Council to do some long-range planning. Michael Foulkes, President of the Chamber of Commerce, said that the Chamber supports housing allocation in the City because of the housing imbalance and the need for a place for workers to live. However, the City needs to preserve the commercial corridors, North Vallco, De Anza, and Bubb Road. The Chamber's concern is the conversions taking commercial offline and replacing it with housing. The General Plan has never set boundaries to preserve any areas as a commercial center. Regarding Economic Development for major employers, he said the Chamber supports the flexibility of 60 feet for mixed and non -mixed-use. He said that office is important, but it's difficult to determine what the fiscal benefit is. He said that the Chamber supports the idea that public art should be voluntary. Beverley Bryant, Executive Director of the Homebuilders Association of California, southern division, encouraged Council to look at the height of housing and flexibility. She said it lets councils of the future make decisions about where to place housing and industrial uses. She encouraged flexibility with height and said that limiting buildings to 45 feet is probably a mistake. Regarding industrial/residential conversion, she said that it's important to let future councils and citizens decide as the City grows. Regarding fire sprinklers, she said her association is convinced that what is in Cupertino today is adequate. Dennis Whittaker said he is concerned about the future of Cupertino. He asked what Council is doing about the retail and commercial space; why so much is being converted from commercial to residential; expressed concern about crowding in the schools as a result of more housing, as well as the additional 3,600 cars in the Vallco area; said that the area needs more parks; that the infrastructure should be put in place first; that the Cypress Hotel is usually only half -full; and the Council should emphasize affordable housing like studios and one bedrooms. Rahul V. said he is opposed to recent allocation of housing because of the impact to the schools. Regarding height, he said he met with residents in area, and all were against increased height. He urged Council to increase the commercial uses, especially in the Vallco Mall, instead of increasing housing. October 18, 2005 City Council Minutes Page 6 Pam Hershey said she thought there was supposed to be a park in the complex at Blaney and Stevens Creek Blvd. where the Quizno's is. Norm Hackford asked what it means when the developers or building owners of commercial buildings say that the buildings are functionally obsolete. He said that he has worked in functionally obsolete buildings, and that they don't need to be torn down; the City will need the buildings in the future. He said that 3-4 years ago, a petition was signed by many residents who were not in favor of the Crossroads streetscape plan. He said that the plan is referenced in the General Plan, and was modified in March 2004, and it's identical. He said that this plan should not be included in the General Plan. He also asked if it was helping the housing balance to transfer commercial square footage to housing. Community Development Director Steve Piasecki commented that the streetscape discussion was tabled at the request of the City Council. He said Council isn't deciding on the details now, only that at some point the plan will be adopted. Ed Puccinelli had concerns about Vallco and the noise coming from there. He asked Council to have lower height limitations at Vallco west of Wolf Road, and take steps that will eliminate traffic and noise. Phil Mahoney said that he is the owner of a few obsolete buildings, and explained that a 2005 market doesn't want them. He said that they weren't torn down earlier because of the dot.com business, but that in a normal development process those buildings would have been razed. He said the buildings need to be torn down, but it is expensive and the drive and demand to replace them isn't there. Regarding commercial, he said that without the additional housing Vallco won't get the trips it needs. He suggested looking into conversions to housing that wouldn't impact the school system. Stanley Tseng said that it was interesting that there was a lot of anti -growth sentiment in Cupertino. He said his opinion is that growth vs. antigrowth is a fairness issue; those who oppose growth are most likely those that live in Cupertino and enjoy their standard of living, and those who want more growth are those who want to live in Cupertino, but can't because of the high cost of living. He commented that those who have been living here for a while bought their house inexpensively with low taxes, but that now the property cost is extremely high. He asked if it was fair to those who want to live in Cupertino to add growth restrictions. Steven Scharf said that Cupertino should be building highly desirable, low- density housing that doesn't impact the schools. He urged people to talk to teachers regarding overcrowding in the schools, not just administrators. He said that high-density housing will generate portables in the schools, which become permanent because the school districts don't have money to build what is needed. He said it's true that there are fewer students per housing unit in high density, and October 18, 2005 City Council Minutes Page 7 more units are being built, therefore impacting the schools. He was concerned about traffic with bicyclists and pedestrians with high-density housing. Mayor Kwok closed the public hearing, and Council members reviewed the onscreen summary chart of topics. Items in green had already been reviewed and straw votes taken. Lowenthal/James moved and seconded to allow 1,429 hotel rooms. The motion carried 5-0. James/Lowenthal moved and seconded to keep the current General Plan number of 94 residential units (remaining out of the original 100) allocated for Bubb Road. The motion carried 3-2, with Patrick Kwok and Kris Wang voting no. James/Sandoval moved and seconded to allocate 600 additional residential units for Vallco Park South. Lowenthal offered a friendly amendment to allow 400 additional residential units. James and Sandoval accepted the amendment. The motion carried 4-1, with Council member Kris Wang voting no. Lowenthal/James moved and seconded to allow 300 additional residential units at Vallco Park North. Motion carried 5-0. Steve Piasecki said that the next step is the Environmental Impact Report (EIR) on November 15, and then the City Council can affirm its prior straw votes and take a final vote on the General Plan. Council was in recess from 9:48 p.m. to 10:00 p.m. Consider Application No. M-2005-02, Dan Ikeda (PSS Ventur C), 20415 Paviso, APN 315-01-213 through 222, regarding a r cation of a use perm 8U-94) to convert a 140 -unit apartment p ct (Aviare) to for -sale resident ia dominiums. (In light of the length a agenda, Mayor Kwok has suggested that ' tem be continued to the meeting). James/Lowenthal moved eco to continue this item to November 11. The motion carried 5-0. 9. Consider Applicatio o. DA -2005-02, ohde (Vallco Shopping Center), 10123 N. Wol d., APN 316-20-064, reg 'ng a Vallco Development Agreement ension (5 -year extension to 2011). Mi ohde, representing Vallco Fashion Park, asked the Coun ' o extend the velopment agreement. He reviewed the shopping center's historyr sous ownership. He said the current owners are Cupertino residents, with the ' ' n, drive and passion to make Vallco succeed. He discussed the progress they hav made so far, including structural work to support the new movie theater. He said October 4, 2005 Cupertino City Council Page 5 Motion: Open Kim 24/7 to one-way traffic northbound with no restrictions and to remove gate. The motion carried unanimously. Moved by Vice -Mayor Richard L thal, secon Council member Dolly Sandoval. Motion: Retain the m Motion carried with Co member Kris Wang voting no. Moved by Vice -Mayor Ric owe seconded by Council member Dolly Sandoval. Public Works Dir�said alph Qualls recommended leaving as a traffic - calming d at staff would look at several intersections to see" if�rey meet St dards for stop signs and report back to the Council. 10. General Plan update, Application Nos. GPA -2004-01 and EA -2004-17, City of Cupertino, Citywide. (This item was continued from the meeting of September 20). Steve Piasecki reviewed the staff report using PowerPoint slides, and highlighted the "hot topics" on which the Council members had indicated their preliminary intentions in order to determine areas of consensus. He said that none of the decisions are final until the General Plan is completed and adopted. Motion: Remove Regnart Creek Trail from the draft document that carried forward from tonight's meeting. Moved by Vice -Mayor Richard Lowenthal, seconded by Council member Sandra James. Motion carried unanimously. Piasecki said that the recommendation on item No. 32 is to continue to pursue development of a trail along the Union Pacific tracks as a possible trail connection for the future, if Union Pacific ever abandons that right of way and decides not to have trains on that track. Lowenthal noted that additional wording is suggested which would require Union Pacific to allow a trail in the event they abandon the right of way and change the use. Dennis Whittaker said he was in favor of the suggestion, since it may be a means of encouraging mass transit in the area instead of making new roadways. Motion: Add the changed language to the draft carried forward from tonight's meeting. Moved by Vice -Mayor Richard Lowenthal, seconded by Council member Sandra James. Motion carried unanimously. Piasecki said that item No. 35 originally included wording that trails should be located on the opposite side of the creek from houses. He said that was not always possible, and the Bicycle -Pedestrian Commission recommended some alternate wording about working with the neighbors. Motion: Use the Bicycle Pedestrian Commission -recommended wording on this item. Moved by Council member Dolly Sandoval, seconded by Council member Sandra James. Motion carried unanimously. October 4, 2005 Cupertino City Council Page 6 Piasecki said that there also appears to be Council consensus regarding Cohesive Commercial Centers wording, which would limit non -retail uses, and that four of the Council members do not wish to place those limits. Motion: Not to add the wording that would limit non -retail uses to 25% of the shopping center. Moved by Council member Sandra James, seconded by Council member Kris Wang. Motion carried unanimously. Piasecki said that item No. 60 talked about balancing the needs of pedestrians with vehicular traffic. Jennifer Griffin talked about the importance of creating a safe crossing area at the major intersections around the Vallco shopping center. Motion: Restore the policy to balance the needs of pedestrians with desired traffic services. Moved by Council member Dolly Sandoval, seconded by Vice -Mayor Richard Lowenthal. Motion carried unanimously. Piasecki reviewed item No. 30 regarding a 1% for art program. He said that three Council members were opposed; one member said it should not be mandated but encouraged, and one suggested a .25 percent plan instead. City Planner Cynthia Wordell said that the current General Plan has wording more along the lines of encouraging art, so another option would be to leave the wording as it is in the General Plan and address the requirements for public art on a project by project basis. Council member James said that she preferred the case-by-case approach, and was more interested in a water feature than a single piece of art, and that public art should be given incentives instead of being penalized. Mayor Patrick Kwok said he felt that a public art requirement should apply to larger projects, and he encouraged staff to negotiate with and encourage developers to provide public art. Council member Lowenthal said he felt the community would benefit from more public art, and he is envious of other cities that have made that happen. He had suggested the .25% figure because for some large projects, the dollar requirement would have been prohibitive. Motion: Stay with the current General Plan wording on the issue of public art. Moved by Council member Sandra James, seconded by Council member Dolly Sandoval. Motion carried 3-2, with Mayor Patrick Kwok, Vice -Mayor Richard Lowenthal voting no. Sara Arseno said that she felt public art enhances the community. Jennifer Griffin talked about public art that she had seen in other communities, and felt that more traditional art, sculptures, and parklands are more appropriate than something like the artificial palm trees made of metal that were in the parking lot of a new burger restaurant in another town. October 4, 2005 Cupertino City Council Page 7 Roberta Hollimon spoke in favor of public art. She said that when the Fine Arts Commission was first established, one of the Council members said "we've now grown up to where we can get past curbs and gutters and we can think about something higher." Christina Dalle Ore said she was also in favor of public art. Beverley Bryant, Homebuilders Assoc., said that although the art requirement would apply to commercial buildings, she cautioned the Council that 1% is a high amount for public art, and often building owners and developers will include art as an amenity. She was in favor of encouraging public art rather than mandating it. Mark Mckenna, representing the Chamber of Commerce, said they are against the 1% for art requirement. He referred to a letter from the Chamber of Commerce that was sent September 20, and said that the market should drive the process and not mandated. Piasecki said that item No. 65 referred to setting standards for environmentally "green" buildings. Motion: Set standards for Green Building design. Moved by Council member Dolly Sandoval, seconded by Vice -Mayor Richard Lowenthal. Motion carried unanimously. Beverley Bryant, representing the Homebuilders Association, said her organization is sponsoring a program for green building, and cautioned the Council not to set standards at this time, or event mandate that in the General Plan. Builders are already building green homes, and at any time the Council can encourage those green building standards without mandating them. Chris Draper, representing the Silicon Valley Association of Realtors, said that they are supportive of standards, but are concerned about unintended consequences at the local level. He felt the Council should use an incentive -based approach, because mandates become inflexible and don't work in certain situations. Piasecki reviewed item No. 52 regarding employee cashout for reduced car parking. Mike Bullock said that the cashout would be voluntary, and companies may or may not want to reduce the size of their parking lots. He said this program does not imply that there is excess land or that it could be sold, but it could be leased out. He encouraged the City Council to consider all methods of increasing sustainability. Dennis Whittaker said that he is concerned about the word "trust" in the cashout proposal. If an employer builds something other than a parking lot, there is a good chance there will be infringement on other people. Anne Ng said she was a member of the Silicon Valley Bicycle Coalition, and expressed their support for the car park and cashout wording to be included in the General Plan. She said that if the wording is to be eliminated, Council should restore the incentives and rewards for bicycling and walking. October 4, 2005 Cupertino City Council Page 8 Mark McKenna, representing the Chamber of Commerce, said they were opposed to cashout program because of the management burden it would put on each employer, and because of the difficulty of enforcement. Motion: Include language regarding an option for cashout in the General Plan. Moved by Council member Dolly Sandoval, seconded by Vice -Mayor Richard Lowenthal. Motion failed 2-3, with Mayor Patrick Kwok, Council member Sandra James, Council member Kris Wang voting no. Piasecki said that item No. 42 pertained to the Lindy Lane hillside designation. A resident of Lindy Lane said that the City has spectacular hillside lots with legislation that addresses the unique development issues, and the point of the RHS zoning is to balance the interests of private owner with public aesthetics. He showed excerpts of the Municipal Code 19.40, and said that the Lindy Lane (south) neighbors support the inclusion of full RHS zoning for all hillside lots being included in the General Plan. Luciano Dalle Ore said he lived on one of the affected properties. He said that there was already an RHS overlay on top of the R-1 designation there, which addressed most of the egregious impacts on the land. However, if he can no longer subdivide, it would reduce the value of his property by a substantial amount. Christina Dalle Ore, Lindy Lane resident, said she was against the rezoning. She said that they have no plans to subdivide now, but they wish to preserve the value of their property. Jim Moore, Lindy Lane resident, showed PowerPoint slides and said that on the north side of Lindy Lane the hillside is very steep; there is a huge retaining wall; the R1 zoning doesn't fit the steep Sun property; and the steep hillside requires RHS type designation to provide protection. The zoning is also needed to maintain a rural nature of the area, and because the area is too steep to safely subdivide and build more homes. Charlie Casey, resident of Lindy Lane, asked that the original development plan be protected. He said it was approved after careful study of geological conditions and slope, and was designed to protect the rural environment. He said the south side was allowed smaller lots, but the north side kept larger lots because of the terrain and potential hazards such as landslides and traffic problems. He asked the Council to prevent any further development of Lindy Lane. John James presented a petition to the Council to revise the General Plan to rezone Lindy Lane RHS. He showed PowerPoint slides, which described the mudslide of 1983 and 1994, and illustrated the damage to his home, which was destroyed. He said this is indicated as a seismic hazard zone in a report from 2002. He said that further property damage and loss of life might result if the property is not rezoned from R-1 to RHS. Julia James, Lindy Lane resident, asked that Council rezone it to RHS as it was before because it is a matter of safety. October 4, 2005 Cupertino City Council Page 9 Frank Sun, Lindy Lane resident, said he was the owner of the retaining wall, which was paid for by the previous resident when the road was widened and not because of any landslides. He said he was opposed to rezoning the area because of the negative impact on his property value. He asked that the Council follow the Planning Commission recommendation, and he said that the. zoning was changed earlier in the year without proper notice. Community Development Director Steve Piasecki noted that a neighborhood meeting had been held and property owners had attended. John Brogato said that he is a general contractor who works in that area most days, and he was not aware of any notification. He said the new ordinance negatively impacts the property owners, and he was in support of the RHS zoning. Dr. Sun, a local real estate agent, opposed the rezoning. He said there are already many subdivided lots and those past owners got geological soils reports and were still able to build. He said that the current owners should have the same right as previous owners to maximize their property value. Allan .Loving, representing Taylor Woodrow, asked about the overall consequences for the General Plan if this item is continued. City Planner Cynthia Wordell replied that if this item is continued to the next meeting, the EIR could be heard on November 15, along with the first reading of the ordinance adopting the General Plan. The following individuals said they were opposed to the ordinance change for the same reasons mentioned by Dr. Sun and other speakers: Shirley Bates Justin Lin Sherry Feng Shan Zhu Ms. Feng also discussed the measures taken during construction of her home to address the geological conditions of the area. John Knopp, Lindy Lane resident, said that 12-15 years ago the Planning Commission rejected a rezoning proposal. If it went through now, all the property owners would be out of compliance. He said that values should be left as they are, and building applications should be examined to address geological conditions. Mark Santoro, Lindy Lane resident, said that the geology of the south side of the road is different than the north side, which is why the zoning was done the way it was in the first place. He said that houses built on either side could be safe, depending on how they are built. He said that the property owners are asking to leave the property the way it was when they bought it, and rezoning would devalue his property by about $1 million. He said he did receive notice about the rezoning and attended the neighborhood meeting, but until that time they did not know that the RHS overlay to the R-1 zoning had been changed to 15%. David Pau, Mountcrest Drive, was opposed to the ordinance change because he wanted to protect his property rights and value. October 4, 2005 Cupertino City Council Page 10 Jennifer Griffin talked about the history of mudslides and said it is important to establish minimum lot sizes in hillside areas, and particularly in Lindy Lane because of the geological hazards. Bill Guangerich said he sympathized with the northern neighbors regarding the re- designation of their property. He said he also sympathized with the neighbors on the south side, and urged the City to take into account the sensitivity of those lots. He said that better communication could have saved a lot of anguish about construction that is going on now. Motion: Keep the R-1 designation. Moved by Council member Sandra James, seconded by Council member Kris Wang. Motion carried unanimously. In summary, the City Council took straw votes to: • Remove Regnart Creek from the Draft General Plan • Add new language to the Draft General Plan regarding the Union Pacific Trail • Use the wording provided by the Bicycle Pedestrian Commission regarding the location of the trails • Not add the wording to prohibit non -retail uses from exceeding 25% of a shopping center • Balance the needs of the pedestrians with desired traffic services • Stay with the current General Plan regarding Public Art • Set standards for Green Building design • Not include the language regarding the cashout program • Keep the R-1 designation Council concurred to continue the public hearing on the General Plan to the next meeting. Consider an appeal of the Planning Commission's approval of Appl' 1 o. M-2004- ayne Aozasa (CA Water Service), located on Gr Dr., APN 326-33-107. (This i s postponed to October 18 at staff's st - no documentation in packet): (a) Tentative Map t divi .95 -acre parcel into four lots ranging from approximately 6,43 to 8,880 square feet, plus a remainder of 11,500 square fee Council concurred to postpone this item to the UNFINISHED BUSINESS NEW BUSINESS Moved by Council member Kris Wang, seconded by Vice -Mayor Richard Lowenthal. Motion carried 5-0. NEW 9. Consider a fee %rreque& from the Cupertino ent of Bands in the amount of $1090.0duct their annual hing tournament on Saturday, October 8, 2005. Motion: deny the fee waiver est from ertino Tournament of Bands because it is not a non organization. Moved by Council Sandra James, seconded by Vi r Richard Lowenthal. ' n ��ed5-0. Craig S said the Tournament of Bands is a 35 year tradition, and this even ' a fun to support the program He said he can be reached at 725-8276, and he d appreciate any support from the community. He asked Council to waive the fees for their event. PUBLIC HEARINGS 7. General Pian update, Application Nos. GPA -2004-01 and EA -2004-17, City of Cupertino, Citywide. ('Phis item was continued from the meeting of September 14). Community Development Director Steve Piasecki reviewed the staff report. The City Clerk stated that several documents had been submitted which included: Letters from John E. James, Alexander Arzeno, the Cupertino Chamber of Commerce; email from John Knopp; notes from a phone call from Helen Kopy; and a chart titled City Council Decision Matrix, September 20, 2005. k Rachel Fatoohi, Regnart Avenue resident, suggested changes to the legend in the trail linkages map on page 252, and asked about the designation of a "future" path from Linday Lane to the urban service boundary, which already exists. The Community Development Director said that there may be a path in place, but it has not been officially designated as a trail. He said that staff would change the legend to show a difference between existing and future trails. Charlie Taysi, Lindy Lane resident, said that he bought his home assuming the existing lot size was the regulation size. About 10 years ago, there was an attempt to subdivide, which was rejected by the Council, but there is now a second attempt He said this would have negative impacts on the hillside, the view, and the air quality, and would create ongoing noise from new constriction. May Koski, Regnart Road resident, asked the Council to remove the the future trail linkages on Regnart Road from Lindy Lane to the open space gate, to remove item 6 from the trails section (Regnart Creek and West Foothills), and remove Strategy 270.3 (required trail dedication or easement when developing). She said that Regoart.Creek is steep and narrow, prone to slides, and primarily privately owned., and adding a trail would be detrimental to the local wildlife and to the quality of life of the residents. September 20, 2005, Cupertino City Council Page 3 Bob Rodert, Lindy Lane resident, said that he was told that the lot across the street from his home could not be further subdivided. He asked that Council not allow further development of the north side of Lindy Lane in order to retain the rural landscape. He said there were landslides when homes were built higher up the hill, and any further soil movement would trigger additional slides and drainage problems. John Knopp, Lindy Lane resident, said he purchased his lot with the intention to subdivide it later, and he talked about potential financial losses if the owners of subdividable lots are prevented from doing so as a result of a zone change. Jennifer Griffin, Cupertino resident, said she did not receive any hearing notices from the city within the last 3 to 4 weeks. She asked Council to keep building heights and densities down; preserve the views of hills; preserve high-tech parks; protect the schools; and improve safety on the Stevens Creek Corridor. She said that Rancho Rinconada has limited vehicle access, and traffic control is needed at Stern and Stevens Creek Boulevard. Frank Sun, Lindy Lane resident, said that the residents did not receive notification about March 2005 ordinance which affected 27 properties, and it had a profound impact with no opportunity for the residents to speak He said the rezoning would have an even more profound impact, and that the laws of the city should remain stable so that people can have proper input, and plan for their retirement Council member James explained that the postcard notices are delivered to all residences by the post office, and encouraged residents to contact their local post office if they discover they are not receiving them. Community Development Director Steve Piasecld said that when the R-1 ordinance was dicussed in March, there was a city-wide postcard notice regarding the change, but it was probably not specific to the issue raised by Mr. Sun. Mark Santoro, Lindy Lane resident, said he was one of the 27 property owners affected by the proposed rezoning. He said the matter is about property owners' rights, and they want to retain the rights they have and maintain their property values. He said that he first learned about the 15% overlay rule in the hillsides, to become effective March 1, when he attended an informational meeting in January with Planning staff. He asked that Council repeal the ordinance because it applies two sets of zoning rules, and because the owners were not informed He said that there will be a severe impact on property values, and this action has triggered subdivisions sooner than would have otherwise occurred. He said that the Planning Commission also recommended against the overlay and the rezoning. Sherry Fang, Lindy Lane resident, said she concurred with Mr. Santoro, Mr. Sun, and Mr. Knopp. She asked the Council to repeal paragraph C of 19.28.050 of the R- I 1 ordinance. She said those properties are now subject to both residential and hillside rules, and there is another rezoning proposal in the works. Mike Bullock reviewed some charts related to his proposal for a car park and cash - out program to address some issues that had been raised by the Chamber of September 20, 2005 Cupertino City Council Page 4 Johnathan Kimura, Cupertino resident, spoke in favor of a car park and cash -out program. Mark McKenna, representing the Cupertino Chamber of Commerce, recommended against including the car park cash -out program in the General Plan because it would be difficult to enforce, and it would be detrimental to subsequent users of a property. He also said that General Plan Amendment sections 2-20, 2-42, 2-63, and the Cohesive Commercial Centers criteria were unfair and would harm businesses. Christina Dalleore, Lindy Lane resident, said she did not feel the neighbors were properly notified about the zoning change to the hillside properties. She said she may have received a postcard but it wasn't clear about the impacts on the property. However, they did get invited to the January informational meeting, so the system can work if it is made clear what the topic is. She said she did not plan to subdivide, but felt it unfair that her property would lose value if the rezoning is passed. Erik Morley, representing Morley Brothers and Sobrato Development, said they supported the Planning Commission recommendations regarding height and density in the Vallco North area, and the staff recommendation for unit allocations. He said they also supported pooling and reallocating non-residential space for industrial property, which creates strong economic development tools and flexibility for cities. Fart Aberg said she was a member of the Regnart Creek Gatekeepers, and urged Council to keep the gates closed between Pacifica, South Blaney, and Portal, and to remove that section of the trail from the General Plan to protect the residents' safety and privacy. Mark Rindge said he also did not receive notification about the potential trail along Regnart Creek, and would appreciate direct notification to people specifically affected. He talked about impacts on privacy and potential liability created by an attractive shortcut through his property from the trail to a nearby school. Community Development Director Steve Piasecld clarified that the trail portion east of De Anza Boulevard was not focused on because it was unchanged from the 1993 General Plan. Richard Silverman said that he shared the previous speaker's concerns about trail impact on privacy of homeowners, and pointed out an area on the map where there is a railroad track. He said their section of the street does get limited access from the tracks and there has been a fair amount of vandalism, and they are aware of some drug deals that have taken place there. The creek has almost a 40 foot vertical drop and could be very dangerous to have a trail there. Mark Burns, representing the Silicon Valley Association of Realtors, spoke in opposition to changes in the hillside zoning because of the negative financial impact on these properties and the loss of the property owners' rights. David Constant, resident, spoke in opposition to the hillside rezoning, because of the affect on property values. He said he still did not understand why the rezoning was necessary, and asked for more advance notice. September 20, 20.05 Cupertino City Council Page 5 Beverly Bryant, Executive Director of the Homebuilders Assocation, asked that Council reconsider the staff recommendation to reduce building heights from 60 to 45 feet and retain more flexibility instead. She said they also were opposed to reducing density and setbacks, and to requiring fire sprinklers in all new residential construction. She said that most fire -related deaths occur in homes built prior to 1968 and new codes require'hardwired fire alarms. She said more consideration should be given to "green" building standards because there will be changes occuring in state codes. Phillip Mahoney said he represented about 18 partners that own some older research and development manufacturing areas on the northern Tantau area. He spoke in favor of pooling residential units, and said that the north Tantau area would not be coming back, and replacing them with residential uses could help the jobs/housing balance. He said their property is not in the Cupertino School District so there would be no impacts there. Council members concurred to continue this item to the October 4 meeting; and to take up the Kim Street closure item first, followed by the General Plan hearing. (continued) 8. SIter Cities: a) Ave the Revised Policy and Guidelines for S'.! ty Partnerships Motion: ve the phrase "Cupertino will no fish a relationship with any foreign city y has an affiliation ' e U.S." in the first bullet under New Afliliations age 8a-3 of the report Moved by Council m ber Sandra J es, seconded by Council member Dolly Sandoval. Motion cam -0. b) Consider the request to pay r I accommodations for the Hsinchu Sister City delegates during th lden J ' ee Celebration Motion: adopt the posed revision to olicies and Guidelines on Sister Cities for the Ci of Cupertino with thL changes: Out of the $5,000 the City has sated for each sister cithu Sister City Organization may use $ 0 toward their sister city ati in the City's Golden Jubilee. Move y Council member Sandra Jamnded by uracil member Dolly aval. Motion carried 5-0. 10. RejZfest of Councilmember Wang for Council to direct staff to initiate endmeat to 'Heart of the City Specific Plan' which will insure consistency betwee e /language of the plan and future application for subdivision approval (minim of space and/or setbacks) and for staff status report within 90 days. (No documentation September 20, 2005 Cupertino City Council Page 6 September 14, 2005 Cupertino City Council Page 2 PUBLIC HEARINGS 2. General Plan update, Application Nos. GPA -2004-01 and EA -2004-17, City of Cupertino, Citywide. (This item was continued from the meeting of September 6). City Planner Ciddy Wordell highlighted the topics of discussion, which included the Environmental Resources element, the Health and Safety element, and the draft Environmental Impact Report (EIR). Donald Woolfe from Planning Resource Associates gave a PowerPoint presentation on sustainability and defined it as a means of creating environments today that will not cause negatively impact future generations through the depletion of natural resources. The recommendations included: Appointing a task force or commission to develop and oversee a comprehensive annual Sustainability and Resource Plan for Cupertino; energy conservation through retrofitting; and the Green Buildings program, which uses materials and design to reduce energy consumption and material use in order to be sensitive to the environment. Ted Sayre from Cotton Shires Association made a PowerPoint presentation on the Geological, and Health and Safety element. He highlighted geotechnical hazards; liquefaction; seismic and geological hazards maps; the Cupertino Quadrangle Preliminary report; photos of different sites; and risk reduction/mitigation measures. Al Morales made a PowerPoint presentation on the draft EIR. He highlighted topics which included land use; circulation; open space, parks and trails; visual/aesthetics qualities; air quality; public services and utilities; wildlife and vegetation; noise; geology and seismicity; floods, drainage and water quality; population, housing and jobs; hazardous materials; historical and cultural resources; energy; mineral resources; and consistency with existing plans. Wordell continued with a PowerPoint presentation, which highlighted the topics of sustainability, circulation, and the proposed 1% for Art program. At 7:15 p.m. the public hearing was opened. Geoffrey Paulsen, Chair of the Bicycle Pedestrian Commission, supported re-inserting language regarding balancing a level of service with pedestrians and bicyclists. He said the commission is concerned about safety, and it is good for smart growth to encourage walkability by not emphasizing traffic flow only. Mike Bullock talked about cash out for car parks. He said he made a change to his charts in anticipation of the Chamber of Commerce concerns, and distributed copies of the charts to staff. September 14, 2005 Cupertino City Council Page 3 Rusty Britt expressed concern about Council's approval of General Plan Amendments permitting urban developments. She suggested that the general standard for housing density be 15 housing units per net acre, and 30 units per net acre at Vallco Park Planning District; City voters in an election would approve any exceptions outside the limitations. Ned Britt talked about how housing density affects school population, and how the numbers discussed during the draft EIR presentation should be examined. Beverley Bryant, representing the Home Builders Association of Northern California, Southern Division, said that the California Home Builders all comply with Title 24, the California Energy Efficiency Standards, and are 30% more energy efficient than homes built in the rest of the country. She asked Council not to impose additional requirements because homes would become much more expensive, and encouraged incentives for future homeowners. Steven Scharf said that bike lanes are needed on Torre and Vista; the pedestrian signal at Stevens Creek and Torre should have a higher priority; Pacifica needs to be widened where the barrier gate used to be; and that traffic -calming measures are needed on Pacifica and Farallone. He requested that staff look into ways to make it safer for kids going to school. Council suggested that Mr. Scharf attend a Bicycle Pedestrian Commission meeting, or email the commissioners to share his suggestions. Roberta Hollimon encouraged Council to support the public art policy and the I% for art program. She also said that the school studies that have been done all say that standard density produces fewer students than low density. Marty Miller supported the changes to Policy 2-70 to remove the language regarding locating creek trails on opposite sides of the creek from residential development. He also encouraged the Council to remove the Regnart Creek trail from the General Plan due to safety issues. Mark Burns, representing the Silicon Valley Association of Realtors, encouraged higher density housing than 15 units per acre to provide more housing, especially around shopping areas. Deborah Hill said that Cupertino needs more housing, especially for low-income residents. Chris Draper, Government Affairs Coordinator for the Silicon Valley Association of Realtors, encouraged an incentive -based approach to green buildings rather than increasing the costs of housing production. He also noted that the Cupertino zoning code allows leniency for homes that install solar panels. Norm Hackford encouraged setbacks of 35 feet; 15 units per net acre of housing density and 30 units in Vallco; height limits of 35 feet and 45 feet in Vallco; and said that the General Plan shouldn't include reference to the streetscape plan without public input. September 14, 2005 Cupertino City Council Page 4 Tom Hugunin said that the General Plan should give more guidance regarding the placement of cellular towers. He suggested that the City could be a primary partner with the wireless carriers in placing aesthetic wireless installation on major thoroughfares like Stevens Creek and De Anza Blvd. Ciddy Wordell noted the next items for discussion on September 20, including an additional topic on hillside land use on Lindy Lane, development allocation, building heights, and cohesive commercial centers (economic development). She said that the goal is to have Council begin decision-making on October 4, and have final approval of the General Plan and the EIR on November 1. Mayor Kwok reordered the agenda to take up item number 1 next. PUBLIC COMMENTS REGARDING CLOSED SESSION - None CLOSED SESSION 1. Pending litigation –Government Code Section 54956.9(a), Mike Ho et al. v. Kimberly Smith et al., Superior Court Case Number 105CV047535. documentation i acket}. Counci cessed to a closed session from 7:53 p.m. and convened in open session at 8:11 p.m. City Attorney announced that no actio been taken. ADJOURNMENT At 8:12 p.m. the meeting was adjo ed &4_s� �4w v— Grace Schmidt, Deputy City For more information' tall reports, backup materials, items distributed at the meeting are available for rev' at the City Clerk's Office, 777-32 and also on the Internet at www.cuI ri r . Click on Agendas & Minutes/ City Council/ ets. >iodeotapes st uncil meetings are shown live on Cable Channel 26, and available at your nience from our web site. Visit www.certino.orQ and click on atch Meetings. are available at the Cupertino Library, or may be purchased from the ertino City Channel, 777-2364. September 6, 2005 Cupertino City Council Page 6 The City Attorney said his recommendation was to refer atter back to the City Manag Baring. He said that Mr. Eller, w resents the appellant, and Mr. White, who repo homeowners cation, were in agreement with this recommendation. James/Wang moved conded not to hear the merits oft e ap r!tlrtl� ui4,e ause the merits hadeen addressed in the City Manager's appeal hearing, and to refer the matterbperTo the City Manager for further hearings on the merits. The motion carried PUBLIC HEARINGS 20. General Plan update, Application Nos. GPA -2004-01 and EA -2004-17, City of Cupertino, Citywide. (This item was continued from the meeting of August 16). Mayor Patrick Kwok said that at tonight's meeting, Council would focus on the subject of parks and trails, traffic circulation, and economic development policies, if time allowed. Community Development Director Steve Piasecki gave the staff report. Council discussed whether or not the topic of Economic Development Policies should be removed from the General Plan discussion and brought up to Council as a separate item. Council member James said for the record that she thought that this topic deserved a full presentation to the community so that they would understand it, and have a chance to tell Council how they feel. She said she is only asking that it be taken out of the General Plan discussion because people don't understand that it's been added in two meetings before the end of a 4 -year process. James/Kwok moved and seconded to take the Economic Development Policies topic out of the ongoing General Plan discussion, and bring it separately to Council as a proposed policy. Council member Wang offered an amendment to have a public hearing on September 20 on the topic but still include it in the General Plan discussion. James added a friendly amendment that any hearing would involve mailed notice to all residents. Kwok seconded the amendment. Wang clarified her amendment to say that the hearing could be anytime to allow for citywide notice, but she would like it to be on September 20, and that the topic would be heard before voting on the General Plan. James accepted Wang's amendment and withdrew her friendly amendment. Council voted on whether there would be Citywide notice for a hearing on Economic Development Policies. The motion carried with the following vote: Ayes: Kwok, Wang, James. Noes: Sandoval and Lowenthal. Absent: None. Council voted on whether to hold a special public hearing within the General Plan context on the subject of Economic Development Policies on September 20. The motion carried unanimously. Piasecki noted that there might not be time for Citywide notice for the September 20 meeting, but staff would know by next week. September 6, 2005 Cupertino City Council Page 7 Wang/James moved and seconded that Council would discuss the subject of Economic Development on September 20 regardless of whether Citywide notice was done or not, but would not take action until Citywide notice has been given. The motion carried unanimously. Leon Pirofalo from Planning Resource Associates commented that the discussion on circulation impacts was being covered at tonight's meeting as part of the EIR discussion. He said that another associate at the next meeting would be presenting the rest of the EIR material. He introduced Bob Harrison, the City's traffic consultant. Harrison gave a PowerPoint presentation regarding circulation, and highlighted the Level of Service (LOS) intersections and their impact during morning and afternoon peak hour. He said the only intersections that didn't make the City LOS standard "D" were Homestead at De Anza, and Stelling at McClellan Rd. Both would need an additional right turn lane to bring them up to standard. He said the City couldn't control the freeways, so they would remain about the same as they are today. Council asked questions regarding school traffic and new developments. Piasecki responded that staff would focus traffic analysis in conjunction with any adjacent development to make the very best condition possible. Parks and Recreation Director Therese Smith reviewed the staff report on parks and trails. The PowerPoint slides highlighted amended language on Policy 2-70, Strategy 2 regarding trail projects; the Mary Avenue Footbridge Study; the Bicycle/Pedestrian Commission amended language regarding trail projects; projects to enhance walkability, including the Mary Avenue Footbridge and the Stevens Creek Trail; and Council options. Council was in recess from 8:43 p.m. until 9:53 p.m. The public hearing was opened at 9:53 p.m. May Koski said she was a member of the Bicycle and Pedestrian Commission but was speaking as a resident of Regnart Road. She said that she is a trail advocate, but had concerns about the open space parks and trails portion of the land use element — Regnart Creek and West Foothill trails. She said that the General Plan Task Force accepted staffs recommendation that the trail alignment along the upper portion of Regnart Creek would be along the road, but now it's not clear that this is what is actually being recommended. She also wanted to make it clear that the Regnart Creek Trail is actually the Regnart Creek portion of the Calabasas Creek Trail. She said she also had concerns that the other new trail elements of the General Plan haven't been subject to public input, noticing, or planning. Bob Rodert, resident, said he wanted to keep Cupertino hillsides the way they are when considering any rezoning in those areas. September 6, 2005 Cupertino City Council Page 8 Jennifer Griffin asked Council to protect Cupertino schools from overcrowding; keep the building heights to 35 feet; keep the density of new proposed building projects down; preserve the view of the hills; preserve the tech parks; preserve the parks, greenbelts, trees; and purchase more park land. Geoffrey Paulson, chairman of the Bicycle Pedestrian Commission, said that the commission is concerned about the constraints of the recent proposed language regarding the opposite side of the creek. He said that the word "urban" limited the trail, and striking the language gave more latitude. He also noted that another change the commission suggested was to propose additional language to the Regnart Creek portion regarding on - street trails to reflect concerns from residents. Julia Miyakawa, speaking on behalf of the Regnart Gatekeepers, said that the group has been fighting the opening of Regnart Creek trail and have already submitted a petition. She asked the proponents of the trail to think about the residents who will be affected by the trail 24 hours a day. She said the Gatekeepers are concerned about the safety of children, legal liability issues, and other concerns already mentioned in previous hearings. She asked Council to remove the trail from the General Plan, and to not be swayed by out-of-town special interest groups. Lisa Giefer, Planning Commissioner, spoke regarding commercial and office space. She wanted to clarify that the Commission recommended lowering that number by approximately 500,000 square feet because they felt that the current number seemed artificially high. The byproduct of lowering the number was an improvement in the jobs/housing imbalance, but that was not the primary motivation in lowering the number. As a resident, she urged Council to adopt the amended language proposed by the Bicycle Pedestrian Commission regarding trails. Gary Virshup, resident, said that bike and pedestrian trails enhance the quality of life for everyone in Cupertino. He urged Council to not make it more difficult to add trails by adding language regarding not allowing trails to be on the opposite side of the creek from residential development. Aaron Grossman, Executive Director of the Friends of the Stevens Creek Trail, urged Council to accept the Bicycle Pedestrian proposed language regarding trails. He also urged Council to discuss the parking cash out concept where businesses get credit for the workers that don't drive. He urged Council to study the concerns the residents have regarding the Regnart Creek Trail, but to not wipe the trail out completely from the General Pian. Michael Foulkes, representing the Cupertino Chamber of Commerce, said that Policies 2- 20 and 2-42 were short-sighted and would stifle business coming into the City; he asked Council to consider zoning as a package when talking about a policy of cohesive commercial centers; and he asked for more discussion regarding 1% for art, thinking it was best dealt with on a project to project basis, rather than put into the General Plan. September 6, 2005 Cupertino City Council Page 9 Anne Ng, resident, asked Council to eliminate the restriction of creek trails to the opposite side of the creek in residential development, and to support the parking cash out concept with a definition of cash out and a specification that it apply to employers. She said that she supports the Regnart Creek Trail, but nothing should be done until the neighborhood supports it. Council member Wang asked the Chamber of Commerce to look into the impact of cash out on businesses. Norm Hackford talked about setbacks in the Crossroads streetscape plan. He said that a 20 -foot setback wasn't acceptable to the residents in 2003, and he hasn't heard any further discussion of this issue. He requested Council to either delete it from the General Plan or to review it in a public hearing. He was also concerned about adding parking on Rodrigues, which adds to traffic congestion. Raj Abhyanker, resident and Cupertino City Council candidate, said he was sadden by the tensions that have played a part in decisions relating to height, density, setbacks, trails, cell phone towers, etc. He said he hopes that the facts could be evaluated in the best interest of the City to maintain the suburban character of the City, and that people can remain neighbors and friends after the issues have been decided upon. Ned Britt spoke about school traffic congestion near Faria School. He said it's more than a 30 -minute congestion period, and he's worried about the safety of the children. He suggested prohibiting circulation in that area instead of just trying to improve it. Dennis Whittaker, President of the Concerned Citizens of Cupertino (CCC) Save Our City, and a former member of the General Plan Task Force said he disagreed that Economic Development policies should not be part of the General Plan. He noted that it was because of the General Plan Task Force that Economic Development was included in the discussion. He asked that notification be sent out to all the residents regarding Economic Development. He mentioned other intersections around the City that need traffic circulation improvement, and asked for a study regarding how many cars Cupertino have now versus 10 years ago. Sara Arzeno, resident and part of the Lindy Lane Development Group, was concerned about the development of the Lindy Lane hillside. She said that many yards have been destroyed, and the quality of life has been reduced. She requested to have the area rezoned to hillside property. Marty Miller, resident, said that he is an avid use of parks and open space in Cupertino, and a supporter of trails. He said that all trails aren't worth implementing, and Regnart Creek is not a good place for a trail. He said it is a ditch, not a trail, and dredged only for flood control. He explained that the Santa Clara Valley Water District has kept access September b, 2005 Cupertino City Council Page 10 restricted for almost 20 year, to keep people from disturbing it, thereby ensuring its intended purpose as a flood -control mechanism. A lot of water flows through it during the rainy season, and the slopes are steep and dangerous, especially for children. He urged Council to drop Regnart Creek from the General Plan as a potential trail site. Council member Lowenthal commented that the area is for flood control purposes, but that the Water District has consistently said they welcome trail use, as long as their trucks can still get through. Mike Bullock talked about car parking cash out where employers pay employees an extra amount each time that they get to work without driving. He said that there is nothing in what he is advocating that would force any company to choose this policy. He asked for off-street parking ordinances amended with three items: 1) The definition of car parking cash out; 2) Schedule of parking lot size reductions as a function of amount paid; 3) sentence in front of the schedule of reductions making it clear that the reductions would only apply after the City verified that the expected reductions in driving did take place. He also said that he is an advocate of trails and agreed with what Ann Ng said. Deborah Hill encouraged more trails and parks. The public hearing was closed at 10:47 p.m. Piasecki explained that the next meeting would focus on the draft Environmental Impact Report (EIR), and 1 % for Art. —000, Consider Application No. TM -2005-02, Pinn Bros. Construction ( Terrace located at 20128 Stevens Creek Blvd., APN 369-03-001. A tenta ' map for condominium roses for an approved mixed-use project consisting o , 95 square feet of retail space andZ4,residential units. Steve Piasecki 'ewed the staff report SpaM ade a PowerPoint presentation. Kris Wang commented t w Council first reviewed the project for approval on March 1, 2005, the applica ' to provide rental units on one single parcel, and now it is being changed to -divide t arcel into 23 different units. She said this is contradictory to eart of the City Plan er the section of Multi -Unit Residential Development dards. The Plan calls for mixe - and any un -subdivided parcels that are then s ivided, must be for mixed-use or they are qualified to be in the Heart of the Ci . asecki noted that the staff report on March 1 said the project was 23 residential condominium units, and pointed out that the applicant had noted that th oIect had changed from an apartment project to an ownership condominium project at that time. August 16, 2005 Cupertino City Council Page 5 PUBLIC HEARINGS 17. Introduction of a General Plan update, Application Nos. GPA -2004-01 and EA -2004-17, City of Cupertino, Citywide. (This item was continued from the meeting of July 19). Community Development Director Steve Piasecki reviewed the staff report and said that tonight's meeting would be on the topic of land use. He gave a PowerPoint presentation highlighting (1) A comparison of recommendations regarding Development Allocations for commercial, office, hotel, and residential development, as well as a proposed new policy to prioritize expansion of office space of existing major companies; (2) A comparison of recommendations regarding building heights; and (3) An amended policy 2-42 related to Economic Development/Retail Sales and Office Development. He also asked Council to schedule an extra meeting to continue the discussion of the General Plan. Sandra James said she would like to hear from the major businesses in Cupertino, such as Apple and HP, regarding the proposed amended policy 2-42 regarding new office development and square footage requirements. Steve Piasecki said that they would be invited to attend the next meeting. The City Council concurred to hold an additional meeting to continue the discussion of the General Plan update. It was scheduled for September 14 at 6:00 p.m. in the Cupertino Community Hall. Richard Lowenthal proposed a fee when allocating residential use to aid in economic development. Dolly Sandoval asked staff to explore and develop a possible policy regarding sales tax producing services versus service-oriented businesses on major thoroughfares. Steve Piasecki commented that the Chamber of Commerce would probably want to weigh in on that discussion. He also noted that other cities typically require service establishments to be located upstairs or on side streets, rather than on main streets. At 8:16 p.m. Mayor Patrick Kwok opened the public hearing. Mike Bullock reviewed some overhead slides highlighting the definition of car park cash out, which included an example of a company cash out and results, the cash out recommendation by the Planning Commission, and an opinion of a better cash out recommendation and strategy to amend the parking ordinance within one year. Deborah Hill said she preferred less housing allocation and more shopping centers. She was concerned about traffic congestion coming from Vallco, and suggested additional parking. She also wanted to limit building heights to 50 feet. August 16, 2005 Cupertino City Council Page 6 Jennifer Griffin encouraged the residents of the City to attend the General Plan hearings. She asked Council to limit building heights to 35 feet, keep density of new projects down, and do more outreach to the community in the Toll Brothers development area. She thanked Council for the recent additional traffic control at Tantau and Stevens Creek. She wanted to be sure to preserve the tech parks, views of the hills, greenbelts, and parks in Cupertino. Phillip Mahoney, one of the property owners of the Tantau Building Associates, made note of their preliminary plans to convert the property at the corner of North Tantau and Pruneridge from manufacturing to residential. He said that he hoped their site would be considered as part of the General Plan update to add housing in the area. Linda Wyckoff, representing the Regnart Bay Keepers, submitted a petition and 432 signatures opposing the Regnart Creek Trail. She said the group was concerned about the safety of their children, increased threats of home invasion, privacy, and injury to bicyclists at busy street crossings. She said that a flaw of the trail is that the area is largely inaccessible to both police and fire personnel, and leaves the City liable for bicycle accidents. She requested that Council delete the Trail from the revised General Plan, and that all future proposed paths in Cupertino be held to the standards for trails as submitted by the Planning Commission. Eric Morley, representing Sobrato Development Companies, said that they have been planning a high-quality residential community in the Vallco park neighborhood on Pruneridge Avenue. He asked Council to support the Planning Commission's recommendation for the unit allocation of 200 units in the Vallco Park North area, and support staff's recommendation for further units to be allocated there. He also supported the Planning Commission's height and density recommendations, and the criteria for evaluating industrial to residential conversions. Dennis Martin, representing the Homebuilders Association (HBA), read from a letter by the Executive Director of HBA offering support for (1) Industrial to residential land use conversion where appropriate and economically viable, especially on obsolete office and industrial properties; and (2) General Plan revisions which encourage smart growth through building heights greater than 60 feet, greater density, and setback modifications allowing for increased density in residential developments. He said the HBA opposes (1) A 1% art tax on new housing; (2) Additional green building and energy conservation requirements beyond those already imposed by Title 24 of the California Building Standards; and (3) The adoption of a residential fire sprinkler ordinance in excess of levels set in the Uniform Building Code. David Greenstein said that growth is not necessarily a bad word, and has brought some good things to Cupertino, such as Apple Computer and some of the best schools in the country. He said it's unrealistic to expect Cupertino to never change because the August 16, 2005 Cupertino City Council Page 7 economic engine for this whole area is housing, jobs, and business. He said Cupertino needs flexibility with greater heights as necessary to keep jobs here, and flexibility in areas where there already is current development, so as to keep it from spreading into the residential areas. Orrin Mahoney, representing the Cupertino Chamber of Commerce board, said they support keeping housing allocation flexible, and the Chamber board looks forward to reviewing other issues that were brought up, including the car park cash out and the 1% art tax. Rusty Britt said many businesses coming into Cupertino are simply replacing businesses that have moved out. She said that Cupertino needs more restaurants, more places to gather for socializing and entertaining. She was concerned that Council and staff are discouraging businesses in favor of rezoning commercial and retail property to become residential property. She asked Council to consider future impacts on the quality of life in Cupertino before forever losing business opportunities that might better benefit the City. Virginia Tamblyn requested Citywide notice every time something comes up. She was concerned about not seeing any green areas in the Menlo Park development and fearful that this would be the same for future development. She said more emphasis is placed on what the developers want over what the citizens of Cupertino want, and waiting a year shouldn't be the basis for approval for a project. She encouraged Council to consider future revenue because more housing means more services that must be provided. Marty Miller, Planning Commissioner, said that balanced growth was an important concept the Planning Commission looked at, and they came up with the numbers mathematically. He said they heard the concern from citizens about too much urbanization, but felt it was important to provide jobs and affordable housing. He emphasized that the Planning Commission presented to Council a policy listing what factors were important to consider so Council had a guideline to follow. Jeanne Bradford, Parks and Recreation Commissioner, noted the minutes from a previous joint meeting of the Parks and Recreation and Bicycle Pedestrian Commissions from April 7, 2005 regarding the Regnart Creek Trail. She agreed that from the comments at that meeting, the neighbors had valid concerns, and encouraged Council to go back and read the minutes to hear feedback from the residents and the commissioners. Maxine Egland reiterated the need for businesses in Cupertino for tax revenue purposes, and for residents to have places to gather and work. She was concerned about the trend of businesses leaving Cupertino, and urged Council to try to reverse that trend with whatever plans it puts into place. The public hearing was closed at 8:55 p.m. This item was continued to September 6 for focus on parks, trails, and pedestrians. July 19, 2005 Cupertino City Council Page 6 RECESS The Council was in recess from 8:05 to 8:20 p.m. 15. Introduction of a General Plan a date, Application Nos. GPA -2004-01 and EA -2004-17, City of Cupertino, Citywide. Mayor Kwok explained that the Council would receive a preliminary presentation and hear public comments, but would take no action this evening. Also, there will be opportunities for public input on the topic in future Council meetings. Community Development Director Steve Piasecki explained that the General Plan is the city's blueprint for growth and change for next 20 years. The document is required by state law, and must address land use, circulation, housing, conservation open space, noise and safety. It should also reflect the values of the community. He said that the Plan is implemented by a variety of documents including annual budgets, capital improvements, council annual goals, the zoning ordinance, street standards, municipal code, development review, strategic plans, and specific plans. Piasecki reviewed the history of this current amendment, including the community surveys, task force meetings, and extensive community notices. He said that tonight the City Council is reviewing the Planning Commission recommendation; the Task Force draft including a Minority Report; the Planning recommended amendments dated June 28, 2005; a hot topics background report that compares the plan alternatives, and the Environmental Impact Report (EIR). These are all available on the City's web site. Piasecki highlighted the document, including the guiding principles and community vision, principles for building community, and goals and policies. He suggested that the City Council organize the discussion around the topic of growth, including building height, setbacks, how much growth should be allowed, where residential and commercial uses should go, etc. Lowenthal asked that staff be prepared to address correspondence that Council has received on this topic and if the City Council get input from the Bicycle Pedestrian Commission regarding the Stevens Creek Trail. He also asked if the Council could get an integrated document to review. Piasecki responded that it is very expensive and time- consuming to integrate the documents, so staff is waiting until they have received direction from the Council before doing that. The public hearing was opened at 8:42 p.m. Roberta Holliman said she was a member of the General Plan Task Force and one of authors of the Minority Report. She said that one of the most important issues is affordable housing, and she urged that Council set density limits that allow for and encourage below -market -rate housing. July 19, 2005 Cupertino City Council Page 7 Mike Bullock recommended a "cash out" car parking policy to reduce congestion and increase choice. He explained that when a company offers employees cash if they agree not to drive to work, there is decreased need for parking spaces or lots and the excess land can be used for other purposes. He suggested some wording to amend the City's off street parking ordinance and other documents to promote this policy. Dean Sayre said that low-income housing in this community is an oxymoron. He said the city has built houses for teachers, firefighters, etc., since 1955, and the more the housing is divided and compressed, the greater the cost of the land. He said that there is a finite market for mixed-use development, and he was in favor of a planned community. Jennifer Griffin asked that the City Council keep new construction below 45 feet, preferably 35 feet; preserve views of the hillsides; don't building housing just because the ABAG numbers dictate it; and preserve the technology parks and green belts. Charles Ahern recommended the appointment of an environmental resources and sustainability commission, and challenge that group to fund themselves. He also noted item 63 on page 29 of the recommendation, and said that the EPA must approve all woodstoves. He proposed a ban on wood fireplaces in new construction. Kelly Snider, representing Toll Brothers, said that the administrative draft General Plan and the Planning Commission recommendations are a great start, and Toll Brothers especially supports the allocation of 300 housing units to the Vallco south planning area. Snider asked that the Council include an additional 100 units, perhaps from the Citywide allocation. That would allow Toll Brothers to submit their plans without requiring a General Plan amendment. Ned Britt said that a vote of three Council members can allow anything to be built, and there is no permanency. He asked for a list of amendments in the last General Plan to see what they were and why they occurred. He also said that the ABAB jobs/housing numbers are too fuzzy, and suggested a real job count. Britt also said affordable housing is a misnomer and when developers are forced to build, they raise prices on other houses; affordable units are outside the market range and never serve to bring down prices. Dennis Whittaker said that any new development should not have a negative impact on its neighbors. Also, some things that should be addressed immediately include: parking spaces of a comfortable size; improved noticing, up to a mile or two; parks in new sectors of Cupertino; and better definitions of the ABAG jobs/housing numbers, or a change in the system. Eric Morley, Morley Bros. Real Estate, said he was also speaking on behalf Sobrato Development. He requested the adoption of the Planning Commission recommendations and the draft, including Vallco north area. He said they also support selective reduction of functionally obsolete buildings. July 19, 2005 Cupertino City Council Page 8 Alan Loving, representing Taylor Woodrow developers, said they are proposing a single- family development on Bubb Road and Results Way. They have monitored the Planning Commission review and recommendations, and noticed that the Commission recommended removing 94 residential units that were in the existing General Plan, taking it down to zero. He said such a move would make it difficult for them to build their project without a General Plan amendment, and he asked that those units be reinstated. He also said that his company was in support of converting small areas of obsolete commercial or industrial space to more useful land use. Tom Hugunin said that this is a 20 -year General Plan, and yet plans are to have it finished by September. He felt the Council should take a slow and careful look. The public hearing was closed at 9:10 p.m. City Council members asked questions and gave suggestions to staff, including (1) Provide photographs of already constructed high-volume, high-quality retail uses that are 45 feet high; (2) Report back on how HP, Apple and other major industries might be affected by a reduction in square footage allowed for office & industrial uses; (3) Add a column on page 3 about special center housing units, showing how many units are approved and/or under construction, so Council can see the net difference if they proceed with the Road Map for housing; (4) Provide more detailed information on the differences between the administrative draft, Planning Commission, and Task Force recommendations regarding the "Hot Topics"; (5) The General Plan should reflect the importance of fiscal self-reliance, particularly because changes by the State affect how the city provides services; (6) Table 2A, which outlines different element such as neighborhoods, commercial centers, etc., may need more clarification; (7) In charts where there are extreme discrepancies between the various recommendations, provide more explanation of the rational behind those recommendations. James/Wang moved and seconded to continue this item to August 16. The motion carried unanimously. UNFINISHED BUSINESS - None W BUSINESS 17. Appro ear 2005-06 terms and conditions of employment f argaining unit represented by Engineers Local Union No. 3 (Documentation to be distributed at the meeting : a) Adopt a resolution amendi a dura of Understanding between the City and the Oper ngineers Local Union OE3), Resolution No. 05- 120. Services Director Carol Atwood said that the Council had item in closed session. Cupertino Planning Com:...�sion 2 March 8, 2005 POSTPONEMENTS/REMOVAL FROM CALENDAR: 2. DIR-200406 Appeal of an approval of a Director's Minor odification for David Perng minor additions to an existing church. Pos ned from Planning n -Hui Temple) Commission meeting of February 8, 200. Request removal from 7811 ion Lane calendar. Motion: Mov by Com. Saadati, second by Vice 'r Miller, to remove Application DIR-20 6 from the calendar. (Vote- -0-0, Com. Giefer absent) 1:7\ 0 Deborah Hill, resident: • Said she was on disability and expla' urgent need to find low income housing. She has contacted many agencies within city and been unsuccessful. • She asZentedon tance in fi g housing. Robert Leon enue: • Said he' system and lighting in:the new chambers inferior and it was difficult to hears and see the commission. • He alsd on the seating arrangement in the chambers and use o e chambers for other a Wfiasecki, Community Development Director: Said that the room has been used for other meetings not related to city business. PIUBLIC HEARING 1. GPA -2004-01, General Plan amendment to revise the General Plan. EA -2004-17 Subject: Circulation (with Bicycle Pedestrian Commission) City of Cupertino & Health and Safety (with Public Safety Commission) Citywide Tentative City Council date: Not Scheduled Ciddy Wordell, City Planner: • Explained that the discussion topics would include Circulation Element, and Health and Safety. Bob Harrison, Transportation Planning Consultant for the General Plan: • General Plan in the past has focused on the automobile; 91-92% of trips made within the city are in the automobile and the city has focused on that. • The new General Plan proposes a different approach and it was rewritten to emphasis non - automotive means of getting around Cupertino. • His role as traffic engineer was to address how to make sure the street system continued to function. • Reviewed the level of service (LOS) of traffic, which is a means to measure how well the street system is working. Cupertino sets Level D as the worst case. He referred to Table 4-2 LOS at Signalized Intersections Vice Chair Miller: 0 Asked if the use of traffic calming measures resulted in a worse LOS at the intersections? Cupertino Planning Commission March 8, 2005 Mr. Harrison: • He recalled the policy said that for major streets, they would try to make those function from a traffic standpoint; for the neighborhood streets, traffic calming might be used to reduce the speed and reduce the use of those as bypass streets, or people using them that should not be there. • If a traffic calming device is put in the middle of DeAnza Boulevard, it would clearly cause trouble and that would not be recommended in the policies of the plan. Traffic calming is a more of a neighborhood issue, not an arterial issue. Com. Chen: • Is the plan based on the existing General Plan or the revised General Plan? • When doing the LOS, do you take into consideration the neighborhood city situation and their General Plan as well? • Sunnyvale also has a General Plan to develop or redevelop certain areas along Homestead; do you also take a look at their General Plan to see what the impact of their development is? Mr. Harrison: • Said the General Plan is based on the proposed administrative draft General Plan. • Takes into consideration all the traffic, whether generated in the neighborhood or generated as through traffic, the total number of cars are counted when doing the LOS calculations. • The VTA model is used, which covers the entire county; whatever is in the Sunnyvale General Plan is in the VTA model, their increase in trip making is added and would be added to the trips coming through the Homestead/DeAnza intersection. It may be the Sunnyvale development that is the primary cause of that intersection not meeting Cupertino's LOS standard; the city of Cupertino is looking to Sunnyvale for help on that one widening project to add the right turn lane on Homestead/DeAnza. Com. Saadati: • How long will the impact of construction on LOS be? • What is the likelihood of the freeway congestion spills on local streets? Mr. Harrison: • The projections are a 20 year forecast; it depends on what the land use planners think in terms of the pace of development. • That can happen, even though we have some congestion existing on the freeways, the number of trips that are using the local streets, are able to be accommodated on the local streets. They are included in the existing conditions analysis. Chair Wong: • Relative to the LOS on Homestead Road and DeAnza Boulevard, how would you rectify or mitigate the concerns regarding the LOS of E-, E, D+ and D? • How would you mitigate backup on freeway entrances and exits? Mr. Harrison: • For DeAnza and Homestead, we are recommending an additional right turn lane in the westbound direction to bring it back to a LOS D in the future; the General Plan permits the LOS of E+ in three intersections. Cupertino Planning Cornu—cion 4 March 8, 2005 Said if LOS is set very high, what you are probably implying is adding capacity that would not be acceptable from other environmental issues; for example adding lanes, making lanes wider; make streets wider in order to get to the capacity that would give you less delay at those intersections. In general, cities have settled on LOS D, D-, maybe E+ as kind of the acceptable, minimal standard. Relative to backup on freeway exits and entrances, one of the issues is ramp metering; Caltrans sets the ramp meters to keep the freeway moving and is less interested in how much backup there is on the city streets. Some jurisdictions have said they don't want ramp metering; we want our local streets to move, we don't want the backup. There is a give and take; the ramp metering is good in that it keeps the freeway moving, but others trying to make the on-ramp move, is backed up. The meter is sensitive to the density of traffic on the on- ramp. Jeff Paulson, Bicycle and Pedestrian Commission: • Said that "adding traffic lanes to solve congestion was like loosening your belt to solve obesity". As you add traffic lanes such as those right turn lanes that are so difficult for cyclists, create a free-flowing traffic situation which in turn attracts more cars, which in turn attracts more car dependent development, and ends up with the same type of sprawling development that we are seeking to undo. • Supports Mr. Harrison's comment that we are looking at a paradigm shift away from automobile dependent communities to a community that promotes walking and bicycling. • Second comment was to emphasize the concept of balance; the introduction to the circulation element talks about balancing cars with pedestrians and bicycles, but the city budget for street maintenance vs. sidewalk maintenance, in looking at the number of acres of asphalt devoted to cars vs. pedestrians and cyclists; and looking at the amount of money spent by residents on cars vs. cyclists and walking, the balance is in fact way out of balance. They are seeking to move that balance more toward a bicycle and pedestrian friendly community. • Sometimes automobile service levels have to be compromised and degraded in order to accommodate such issues as traffic calming, walkability, bikability. He urged the Planning Commission to consider those concepts when considering various detailed elements of the circulation element of the General Plan. David Greenstein, Bicycle Pedestrian Commission: • The Bike/Ped Commission said that the circulation element was well done. • Reviewed recommendations: (1) Retain pedestrian grid policy: Pedestrian grid is saying how you get Point A to Point B as you are walking. We know we have maps for roads, we have maps for how bikes get around, but we have no idea of how people get around. We just assume they just walk on streets. It is not necessarily the only way people get around. He cited an example, the Portal Elementary School has a pass-through connecting two neighborhoods; when they redid the elementary school, they closed it off, and the neighbors notified us, and we were able to save that path. We don't know these things exist at the General Plan level and it is important that the city be aware that people do use thoroughfares in a pedestrian -like way that we don't think of. (2) Emphasize some pedestrian aspects of road design: Policy 4-12 is about traffic calming and its neighborhood traffic calming; we want to discourage traffic but just to emphasize that, encourage walking because that is also a factor of traffic calming. Secondly, there should be guidelines in the strategies and VTA has created a good technical guideline that can be used; they have a template and a palette of different ways you can approach traffic calming so that Cupertino Planning Commission March 8, 2005 we can chose it from here and it is already acceptable guidelines at the county level, and the city can readily adopt them. (3) Reinstate the policy which was formerly 4-6: It was taken completely out; there was some confusion at the Task Force level exactly what this would mean. Some people thought that LOS would be degraded, it is such a fearful level that pedestrians cannot be considered in the transportation grid, and we have to keep cars moving as much as possible. The Bike/Ped Commission would like to see this reinstated. He illustrated two examples of dangerous intersections where children cross for school and where there have been pedestrians hit by autos. He noted that they do not have traffic calming on the major arteries and that Stevens Creek shares the brunt of many pedestrian collisions. He said that parents complained that their children would not be able to walk and bike to school (Sam Lawson Middle School) because they have to cross the thoroughfares. He said it was 10 to 15% of the school kids but those are the ones they need to also protect, even though the ones that walk and bike are a smaller portion, most vulnerable. This doesn't mean that we need to reduce LOS, there is actually ways of incorporating LOS and incorporating some pedestrian design, but it has to be thought of in the same way, rather than adding the pedestrian after you design the intersection. (4) Put regional trails back into the circulation element: In the current General Plan which was made long ago, the regional trails were in the transportation circulation element. The current draft of the proposed General Plan has put it into a different section. Regional trails were created as a transportation element. One example is the UP Railroad or the DeAnza trail which would connect many cities together; Saratoga is already working on their portion, they are getting money from transportation sources and it should be a transportation element rather than a recreational element because that is not where they are getting their money from, and we should be up front and honest about what these things are serving and where we are getting our money from. Vice Chair Miller: • One of the questions I asked the traffic consultant, if we did traffic calming, what would the impact on LOS be, and his answer was if we reserve it for the neighborhood streets, it is appropriate, but when we put it on the major arteries, it would deteriorate the LOS. • One of the comments you made was that there are ways to mitigate that so that we could both have traffic calming and a reasonable LOS and could you expand on that. Mr. Greenstein: • Clarified that he said "be able to accommodate pedestrians better" which is different from traffic calming. For instance, DeAnza Boulevard is very wide and you have to cross clear across to get to a safe haven; whereas if you are down by Finch Avenue and Stevens Creek, they have islands, there are shorter distances for pedestrians to go before they hit another safe haven, but they are not completely across all the way. • On DeAnza if anyone is standing in the middle of the intersection, they are a target. There are ways of expediting traffic and also satisfying mitigating some of the issues with pedestrians which is different than what they are talking about with LOS. Com. Saadati and Chair Wong: • Asked staff to provide some of these documents in the next package; VTA guidelines, and a hard copy of Com. Greenstein's presentation. Cupertino Planning Comnussion 6 PUBLIC HEALTH AND SAFETY March 8, 2005 Al Morales, Planning Resources and Associates: • The purpose of the Health and Safety Element is to identify and evaluate potential hazards within the city and to protect it from those risks resulting from those hazards. The hazards may be either natural or accidental or created by some human. Potential hazards within Cupertino are geologic and seismic hazards, and fire hazards including hillside fires and urban fires on the valley floor. • Reviewed the information relative to the following: fire hazards, crime and police services, hazardous materials, hazardous waste, disaster plan, excessive noise, as outlined in Section 6 of the staff report. Com. Saadati: • Asked about the possibility of having a site in Cupertino to dispose of used paint, instead of the present policy of calling a number and making an appointment to go to a County location. Mr. Morales: • A temporary site could be developed within the city to dispose of the used paint; however, it is a policy issue that needs to be included and a program developed. Glenn Goepfert, Public Works: • Said he did not know if there was a current plan to institute that program; it is within the city's jurisdiction. It is something staff can return with a progress update. Ted Sayer, Cotton Shires & Associates: • Said that he has been involved with city geology and geotechnical issues since 1986. • Illustrated on a satellite photo the location of Cupertino in relation to the San Andreas fault. • He reviewed the location of the various faults and hazard zones within the Cupertino planning area and discussed the various geotechnical hazards including landslides, seismic ground shaking, earthquake triggered slope failure, surface fault rupture associated with the Monta Vista fault as well as the Berrocal fault as well as liquefaction. • He noted that there was a seismic hazard background report which was available on the internet, which reports how locally hazards were identified. • Illustrated photos of various geologic/geotechnical problems that have occurred in Cupertino in the past. • Answered questions about vertical movement in the area, and noted that there were properties located where the fault passes through. Data and maps have been available showing what properties are located on fault lines. Mr. Piasecki: • Said that a number of parcels were created in the county as far back as 1917 in the Inspiration Heights area, and subdivisions occurred regardless of where the faults, slides and geologic hazards were. Mr. Sayer: • Said that when there is development in a hillside area, a geotechnical analysis and survey is done, and it is reasonably assured that the fault lines will be found if they are on the property. • Said that from a safety standpoint, the distance between the fault line and the beginning of the development of the home would be dependent on the width of the rupture and the character of Cupertino Planning Commission March 8, 2005 the rupture and the strength of the adjacent bedrock material; but generally between 35 to 50 feet or possibly more. The State standard is 50 feet minimum setback from an active fault trace. Com. Saadati and Vice Chair Miller: • Asked questions relative to automobile vandalism, theft, residential break-ins and if there was an additional requirement for staffing of the police force because of the increased development activities in Cupertino. Captain John Hirakawa, Sheriffs Department: • The school district contracts for two school resource deputies working at the elementary and high school levels and work with the youth from Cupertino attending schools in outside areas. • There are crime prevention programs, alcohol awareness programs, and driving programs to address the issues. The school resource officers work within the schools with intervention and the Sheriffs department is very active in various programs to reduce the vandalism, property crimes, residential and auto burglaries. • Presently there is not additional staffing needed to patrol Vallco as tenancy has decreased. In the past, additional staffing was needed on a seasonal basis. As Vallco starts to develop and comes full force, the needs will be addressed to ascertain if additional staffing is needed. • When development occurs, the developer considers the lighting conditions and environmental mitigation relative to potential crime; and the Sheriff's department considers the issues and makes recommendations to address concerns. • In instances such as a large theater complex at Vallco, the Sheriff's department considers potential auto break-ins, and assaults. The issues would be addressed with appropriate lighting and security patrols. He said they do not anticipate problems with a theater complex in Vallco. • Said that traffic would be increased with a theater complex, and the consultants would address the issue. • Relative to outreach, he said that the Sheriff's department contracts with AT&T for translation services in the event they are needed for non-English speaking residents; there are also three Asian officers on duty. • Response times are not impacted with the relocation of the substation because the officers patrol the streets, and respond to calls from their patrol cars, not the substation. Tom Walsh, Santa Clara Co. Fire Department: • Said that wood shake shingles can be treated to be fire retardant. • It has not been documented how long the fire retardant lasts after the shingles have been treated. Wood shake shingles are not permitted in Cupertino; Class A roofs are required. Relative to fire prevention for the hillside, there are two fire prevention programs; the County hazardous vegetation mitigation program which the county, oversees; we are a big part of it as far as the inspections and following up complaints and making sure that properties are in violation get on the county program for mitigation. There is also a brush program utilized for many of the hillsides including Cupertino and it is more a fire procedure program, that we use at fire stations and all the engine companies go after the fires. They do inspections, mass mailings to all residents in the hazardous fire area stating that it is the residents' responsibility to look after the fire safety of their own residence. We tell them how to do that in removing vegetation away from the structure, 30 feet and trimming trees that are close to chimneys and those types of things. We tell them how to do it, send engine companies out to do inspections, Cupertino Planning Corm—sion March 8, 2005 answer questions, and will send inspectors out to talk to residents if needed. The county also has a program that will do the work for them. Chair Wong: • Acknowledged that the residents were appreciative of the Sheriff's department and County fire department for their services to Cupertino. Ms. Wordell: • Thanked the consultants and agency representatives for sharing the information. James Jason, Public Safety Commission (PSC): • Will comment on 3 areas within the General Plan task force, Section 6, 4, and 2. • Applauded the task force for a job well done; considering the physical size of the membership of the task force and the scope and complexities that they faced, the plan revisions were well done and comprehensive. Also applauded staff and the Planning Commission on a magnanimous effort in the city and the unenviable task of applying a delicate balance before you in balancing the community and citizens' needs and city's needs. • The PSC strongly endorses the task force recommendations on reducing general residential density per acre, especially in the Homestead and North DeAnza sections. • Relative to lower height restrictions, while we endorse 99.5% of the overall plan, we would like to submit the following observations and recommendations for consideration: o Section 6: Specifically area Policy 6-11, should be revised to omit the reference to reducing the need for firefighting personnel and equipment. The policy will then read: "Consider adopting a residential fire sprinkler ordinance. This will reduce fire flows." Although we understand -that the earlier intervention was provided by residential fire sprinklers, and the city should reduce the number of large fires and therefore reduce the source of demand for firefighting personnel and equipment, we think the General Plan should avoid language that could justify a reduction in available firefighting personnel and equipment resources. o Section 4: We believe the policies contained in Section 4 that might lead to a reduction in the street intersection level of service, pose a potential hazard to the public safety by leading to greater traffic delays, and in turn an increase in marginal behavior, such as speeding, red light running, unsafe lane changes, failure to yield, right of way to pedestrians, additionally driving commute traffic into neighborhoods as the LOS increases and it makes it more difficult to move around the city. The Commission's review of proposed strategies could lead to delays and difficulties for emergency vehicles to reach their ultimate destinations and within the targeted response times. There was concern in those areas as well. o The report in the roads and intersections targeted for narrowing increased weight times are in direct path of the three fire stations. o Other concerns from a health and safety standpoint relative to circulation were with the decreased LOS, was the addition of noise and air pollution. o Another observation was the comparison of the daily traffic volumes. o Section 2: The Planning Commission believes that policies contained in Section 2 of the Land Use Community Design that encourage mixed use development have many positive characteristics for the city and community, but there is also the potential to pose a hazard to public safety by locating people in homes closer to sources of noise and air pollution and other hazardous materials that they might not be in close proximity to, had it just been a single residential. Cupertino Planning Commission 9 Chair Wong opened the public hearing. March 8, 2005 Julia Miyakawa, Farallone Drive: • Opposed to Regnart Creek Trail. • Before the fence was built cutting off access to the flood control ditch, rocks were constantly thrown over their fence, and teens would climb their fence to shortcut through their yard. • Said she had empathy for the residents of the townhouses on Rodriguez because of their vulnerability if the path is put in, with no fence to protect them. • Said that more lights on the pathway would be intolerable; the lights from the library now impact their privacy by shining into their kitchen window, bedroom windows, and family room window. Leonard Ezerski, Farallone Drive: • Opposed to the Regnart Creek bike and pedestrian path. • Asked why they needed the path since they had sidewalks and streets to handle the bikes and foot traffic. • There is a shortage of funds in government facilities throughout the county, and money is being spent on something not needed. • Who will clean up and police the area? • Is the city self-insured in the event anyone is hurt on the path or fall into the creek? • Will there be guardrails to stop bicycles from falling into the creek? Robin Wilson, Las Ondas Way: • Opposes the trail. • Former Mayor Sandra James said the city's primary responsibility was to protect its citizens; unlocking the gates will bring back the crime that we had before the gates were locked, even though lights and benches are planned. • Legitimate users would frighten off illegitimate users. • If the trail was not heavily used, people who plan to break in would have the opportunity and kids could once again dam up the creek, toss rocks, but a trail can draw from residences, dog walkers, the library, the hotel, senior residents, businesses, shops, children, etc.; which is a high heavy use. • The people do have use of the city sidewalks and parks and don't need the trail. • The residents would have to endure the high noise level of people talking, laughing and children hollering; cannot in good conscience expect the residents who live by the potential trail to tolerate a high noise level day and evening and then worry about crime during the night. • It is not an appropriate safe place for the trail. • A molestation took place before the gates were locked; you want to put in a low split rail fence where the children can fall off and go straight down in. • The potential for car, bike and pedestrian accidents is obvious even with lights and barriers. It is a congested area of Cupertino and it is not an appropriate place for a bike and pedestrian trail. Rich Boyle, La Mar Drive: • Said at the previous Wilson School, many years ago a walkway was put in for the students to pass through along the creek; in the early 70s the walkway was removed because of the high number of home burglaries in the area. • History is repeating itself with more crime and burglaries. Cupertino Planning Comnu.sion 10 March 8, 2005 Nita McGalliard, Clifden Way: • Said that shortly after moving into her home many years ago, the ditch was dug. • They were told that someday they would get back the land and the ditch would be covered and replaced with a culvert, which did not happen. • There are rocks on their roof and their home has been burglarized three times; her neighbor's home has been burglarized; almost every home backing up the creek has been burglarized. • She said that if the trail is open to the public, the residents will not be safe in their homes, and property values will drop. • She questioned who would be responsible for the liability it would create. • It is not for the greater good of the residents who live by the trail. Chair Wong: • Asked staff to address the issue as well as the concern about the library lights. Glen Goepfert, Public Works: • Will look at what is required for the custodial chores. • Said he was not familiar with their schedule; but it is something they can look at since that has been brought to the Planning Commission's attention. Said he heard it before, just the visibility of the structure from the other side of the creek. • Said he would investigate what can be done to cut down on late night, early morning lighting. Chair Wong: • Suggested that Mr. Levy continue discussions with Glen Goepfert of the Public Works department. Robert Levy, Wilkinson Avenue: • Discussed the General Plan in general terms. • Said the General Plan needs to be proofread as there are numerous grammatical and content errors. • He asked that more consideration be given to the pedestrians who cannot drive or do not have cars. He commented on the composition of the task force. Vice Chair Miller: • Said that the comments made by several residents relative to the Regnart Creek trail were accurate; he concurred that the safety issues discussed were valid, and he said he sympathized with the comments made as his home backed up to the creek trail. Chair Wong: • Asked the Sheriffs department to comment on additional tiails in Cupertino relative to the comments on vandalism and safety issues. Cptn. Hirakawa: • Said that more information was needed to comment on crime trends; but in general when an unofficial pathway is opened and it is closed to the public, it tends to generate more crime. When the area is opened up for legitimate use, the studies have shown that the crime usually drops. • When a public trail is opened, the users themselves tend to keep watch on what is going on as it is being used more, and notify the authorities when something is awry. Cupertino Planning Commission 11 March 8, 2005 Deborah Hill: • Said she opposed the creek trail because she felt it was unsafe for the neighbors and the neighbors should not be subjected to the noise and the people climbing over residents' fences. • Funds should not be spent on a trail that the residents do not want. Anne Ng, Bollinger Road: • Said she was concerned about changes to the circulation element. • Expressed concern that there was no mention of accommodations made for pedestrians in the General Plan, especially Section 4-6. • The conclusion in the General Plan is that moving cars through intersections is more important than giving pedestrians enough time to safety cross the street. • Recommended that the trails be added to the circulation element because they will provide ways for pedestrians to get around town in a calmer environment. Leslie Burnell, Holly Oak Drive: • Commented on the use of the bicycle lanes. • Presently students use the bicycle lanes, riding in the wrong direction and riding on the sidewalks. Dennis Whitaker, Cupertino resident: • When the City Council approved Seven Springs, they anticipated no children because of the high cost of the homes. • The elementary school task force had to force the Faria and Jollyman students to cross DeAnza and Stevens Creek Boulevard to get to Lawson, which are two very busy streets. When you build, are you foreseeing the future like they didn't; what kind of problems are you looking to in the future; what will be accomplished to protect the students coming from those two schools across the streets? • What is being done to protect the students from the Rosebowl project getting across Wolfe Road? • He expressed frustration about the length of time a motorist has to wait to get through the lights at Mary Avenue/Stevens Creek Boulevard. • Said no comments were made from the emergency services about concerns relative to traffic and circulation. • The comment was made that adding traffic lanes attracts cars, but if the lanes are minimized, it causes clogging elsewhere and coming up with more pollution because of stopped cars and more frustration by the people driving. • The General Plan task force requested that the neighborhood children be permitted to go to neighborhood schools, but the more you grow, the more you put them at risk at doing that. • No mention was made of DeAnza College which keeps adding on, and the residents are suffering the circulation problem because of them and have no control of it. • Major power outages have occurred because of construction problems, and there were numerous intersections without coverage from Sheriff's officers, creating major accidents. • Relative to potential earthquake damage, he noted that homeowners should bolt their foundations and take other precautionary measures. • What is the fire department doing to prepare for high rise fires? • Adding more congestion will increase the problems. Cupertino Planning Comn..sion 12 March 8, 2005 Allen Caldwell, Cupertino resident and a member of the Public Safety Committee: • Commented that the inner doors of the community hall were not handicapped accessible. Fari Aberg, So. Blaney Avenue: • Opposed to the opening of Regnart Creek trail. • Her home has been broken into; stones thrown into the home; backyard and driveway have been full of stones. • Opening the creek trail will not be safe. • During the rainy season, the water is very high and dangerous. Chair Wong closed the public hearing. Vice Chair Miller: • Relative to pedestrian vs. cars, he referred to the City Council's goal of safe streets and a walkable community. • There has been conflicting testimony at the meeting regarding the best way to achieve that; the goal is laudable and is one that we should be striving for; and whether it is reducing traffic levels, or increasing traffic levels; the objective is to have a more walkable community, which he said he supports. • Said they talked about concepts for mitigating traffic, and there are several in the General Plan that weren't mentioned. One is locating housing close to employment centers, which is in the General Plan; some of the task force felt it should not be in the General Plan. • He said it was not a unique concept to Cupertino; he read excerpts from articles about other cities, and their suggestion for dealing with the issue of jobs/housing imbalance. • He said there was information and support for building housing close to job centers as a way of mitigating traffic and it makes sense if you live close to your job center and there is also other needs close by, you are more likely to walk or bicycle as opposed to getting in your auto. Com. Chen: • Said she supported the walk and pedestrian needs, and would support to restore Policy 4-6 and also encourage a trail; but suggested increasing language for stronger safety measures. • Said there were some concerns about the intersections that were not included in the LOS study or the circulation study, and suggested addressing them by education and providing a process to review the problem areas by the city. Com. Saadati: • Supports a walkable community. • Said he would comment on seismic hazard and fire at the next meeting. Chair Wong: • Regarding Policy 6-1 on seismic geological review process, asked staff to explain "in addition require a 10% reference that they need a study on development" (any slope exceeding 10% needs a geotech study). • Relative to Policy 4-4, increasing use of public traffic use; another meeting will be scheduled about giving recommendations; suggest commuter bus within the city of Cupertino, to be sponsored by the Cupertino businesses or try to find alternative funding to have this bus system. Cupertino Planning Commission 13 March 8, 2005 Long term on that policy, I would like to see a light rail come into Cupertino, either through the city of San Jose downtown or through Sunnyvale, and since this is a 20 year plan, I would like to staff to look into that as well. Relative to Policy 4-6, said he heard that there were some concerns about the policy, and understood Com. Chen's concern, but he viewed it differently; and understood that they want a walkable community, but if the midsection on Stevens Creek is reduced, creating a bottleneck, it will adversely affect the businesses on Stevens Creek because of the accessibility of the retail businesses. He said he needed to give it more thought before supporting the policy. Expressed thanks to Cptn. Hirakawa, Mr. Walsh, the Public Safety Commission, the Bicycle Pedestrian Commission, and the three consultants for attending the meeting. Ms. Wordell: • The 10% was something resulting from the task force subcommittee, which was composed of some technical people. Said she would need to talk with them to get more information on it and see if the consultants have any reaction to it. She said she had not heard of any problems with it. • Reviewed the schedule, will be bringing these subjects back at the next meeting for further discussion. The Planning Commission chair is suggesting we bring Land Use back at that time also because there are still some loose ends. • Another suggested change is April 12; limiting the subject to the draft Environment Impact Report. The suggestion is to delay the preliminary amendments to April 26th and the EIR discussion to that date as well if needed. It pushes out the final recommendations at least two weeks to a month. Chair Wong: • Said they have not had the opportunity to discuss the Hot Topics issues line by line to determine if there were any other concerns with the document. There are other plans such as the Crossroads, Bubb Road, Vallco South, that haven't been discussed. There is a Council meeting on March 14th to address some of the other areas. • He felt that EIR should be discussed on a separate night. Coms. Saadati and Chen: • Agreed with the proposed schedule. Vice Chair Miller: • Said the proposed schedule was suitable, and added that time was needed to discuss the housing allocations in specific locations in the city, or decide if they should remain status quo or relocate them. Discussion continued regarding dates for additional meetings. Chair Wong: • Asked staff how the residents could address their concerns about the Regnart Trail. Mr. Piasecki: • What the Commission is doing tonight is looking at General Plan policy structure about trails in general, one of which is the Regnart Creek connecting to Calabazas Creek trail system, which is actually denoted as a possible trail in our current General Plan which was adopted in Cupertino Planning Commission 14 March 8, 2005 1993. The concept. that there might be something along this area has been there for quite a while and I think Com. Chen's comments how do you and should you implement trails in urban areas, and how do you go about it. Captain Hirakawas' comments about is it safer or less safe, those are relevant things to talk about in generality about trails in the valley floor urban areas, but the Commission is not holding a hearing on whether or not that trail should be opened and under what specific conditions it should be opened; that was not the subject of your discussion. It is appropriate for people to talk about it in generality, but you were not having that kind of hearing. Mr. Goepfert: • The proper forum for discussion of the Regnart Creek trail is the Bicycle Pedestrian Commission hearings which they will continue to have as appropriate. The people who have expressed their opposition tonight will have more opportunities to shape that discussion relevant to that trail segment specifically, not in connection with the General Plan. Chair Wong: • In general, it is appropriate to talk about whether or not we want a trail abutting an urban area, and things do change; ten years ago the community was comfortable having urban trails; and today there is a large segment that don't want that, and I would like to continue that conversation. Vice Chair Miller: • One of the comments besides the safety issues, there is also a legitimate comment that it would impact property values, and I have a concern from the city's standpoint that it might put the city in the position of having to deal with potential lawsuits from loss of property values. That should be an additional consideration when putting trails in similar urban areas that have people walking by someone's back fence. Mr. Goepfert: • I think the Commission would address it in terms of General Plan comments in terms of the issue of trails in general, not this specific one. Vice Chair Miller: • The other comment is when I looked through the circulation element, I did notice that one section that was weakened by the task force was the protection of residential streets from traffic and I think that is something that needs to be rectified. • We want to strive as a community to be protecting our residential streets for the children living there and the children playing there. Chair Wong declared a short recess. A - Architectural and site revie viously approved use permit Mike Rohde sid 5,200 square feet of new retail space (Vallco Shopping an ng s ommission decision final Center) 10123 unless appealed & 1015 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 950714 (408) 777-3308 DEPARTMENT OF COMMUNITY DEVELOPMENT ApplicationNo.: GPA -2004-01, EA -2004-17 Agenda -Date: February 22, 2005 Applicant: City of Cupertino ILocation/APN: City-wide Application Summary: General Plan amendment to revise the General Plan Recommendation: Staff recommends that the Planning Commission: 1. Complete, as much as possible, the preliminary directions on the Land Use/ Housing Decision Matrix 2. Discuss the Environmental Resources Element 3. Continue this agenda item to March 8, 2005 Background: The City Council authorized the Task Force Draft General Planus the public hearing draft for the General Plan review. The Task Force Draft and other supporting documents were provided to the Planning Commission in September 2004. The City Council requested that the Planning Commission focus on the Hot Topics, as discussed in the Hot Topics Summary Matrix and Background Report. The Planning Commission held three public hearings and a special meeting on various topics in the Land Use/ Housing elements. The Commission provided preliminary direction on some of the land use/housing hot topics at the special meeting, and agreed to continue the discussion to this meeting (see Exhibit A). A summary of the Commissions preliminary decision is provided. Probably there will be additional discussion on some of the decisions; for example, on whether or not mixed use would be required to receive maximum heights. Staff's preliminary recommendation is also included; in some cases it has,changed from the "new option' recommended in the Hot Topics document. Discussion: Additional information requested The Commission requested additional information on the "undesignated" category of housing units. The existing General Plan (Exhibit B) has a category of housing units called "undesignated," as shown on page 3-5. Forty units are allocated in this category. There is another category on that page called "Existing Inventory of Residential Parcels," which has 947 units(see page 3-6). These are General Plan review Page 2 potential units in the neighborhoods, which include the unbuilt potential of R3 (apartment) properties. The Task Force options provide for 166 or 741 units as "undesignated" (see fourth page of Exhibit B). Staff provided a new option in the "Hot Topics Document" for a higher number of "undesignated" units so that it would be adequate for both the "undesignated" units in the special planning areas and the neighborhoods. Staff estimates that there are approximately 600 potential units in the neighborhoods, leaving a deficit of units available in the Task Force buildout option and approximately 140 units in the alternate option. The new option increases the "undesignated" units by approximately 100 units. ]Environmental Resources: The original Environmental Resources Element was prepared by Cupertino's consultants, Planning Resource Associates. The Task Force amended their draft, as shown in Exhibit C. Commissioner Giefer worked on this element as a member of the Task Force. The recommendation for a Task Force or Commission to develop a Sustainability and Resource Plan for the City was identified as a Hot Topic due to limitations on staff resources. However, the more important aspect of this subject is that there is increased emphasis on sustainability in this draft, which is an important step forward. The consultant for this element will beat. the meeting to further discuss this issue. Next Steps. The tentative schedule for remaining meetings is: ® March 8 Circulation and Health and Safety (with Bicycle/ Pedestrian and Public Safety Commissions) ® March 14 Circulation/ Environmental Resources/ Health and Safety Study Session (extra meeting„ 6:45 Community Hall) ® March 22 Preliminary amendments to Task Force Draft and Draft Environmental Impact Report ® Added: April 12 Possible second meeting on Draft Environmental Impact Report ® April 26 Recommend Approval of Draft General Plan and Draft Environmental Impact Report to City Council Enclosures: Task Force Draft General Plan, Hot Topics, Corrections Document, Minority Report (provided previously, please bring to meeting) Exhibit A: Discussion Outline Exhibit B: Existing General Plan, Pages 3-5 to 3-6 and Page 2-17 Task Force Draft Exhibit C: Environmental Resources Task Force Draft, strike -through version Document: San Mateo Countywide Guide, Sustainable Buildings General Plan Review Page 3 Prepared by: Ciddy Wordell, City Planner Approved by: Steve Piasecki, Director of Community Developmen —ems Qplanning/ pdreport/ GPA -2004-012-14-05 CITY OF ClUP]ERTINO 10300 TORRIE AVENUE, ClUP1ERTINO, CALIFORNIA 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT Subject: Report of the Community Development Director--C'-e__ Planning Commission Agenda Date: Tuesday, February 22, 2005 The City Council met on Monday, FebruAn 7, 2005, and Tuesday, February 15 and discussed the following items of interest to the Planning Commission - February 7, 2005 1. Discussion of Land Use Policies and Development Review Processes: The City Council directed staff to schedule as an agenda item an ordinance amending the requirement for the City Council to authorize a General Plan Amendment. (see attached report) February 15, 2005 1. Mary Avenue Footbridge: The City Council adopted Resolution 05-030 authorizing the City Manager to apply. for, accept and appropriate $200,000 in Fiscal Year 2005-06 funding from the State Bicycle Transportation Account for the Mary Avenue Footbridge Improvement Project. (see attached resolution) 2. Oak Park Village: The City Council unanimously approved the zoning, use permit and architectural and site approval to demolish a vacant restaurant building and construct 46 residential units on the former Santa Barbara Grill site. Council added the following conditions to its approval: o The city council shall approve a gateway feature. o Staff will approve the pedestrian crossing and landscaping along the freeway off -ramp. o Staff is to prepare a general policy regarding in lieu fees for the city council to review at a later date independent from this application. The Council felt it is a well-designed project that integrates well into this location. (see attached report) 3. Council Goals and Work Program: Council adopted the Goals and Work Program for the 2005/2006 fiscal year. (see attached goals and work program) 4. Fine Arts Commission Vacancy: Council received and accepted a letter of resignation from Fine Arts Commissioner Shirley Lin Kinoshita and directed staff to post the vacancy, accept new applicants and invite previous applicants, and conduct the interviews at the same time as the teen Commission interviews. MISCELLANEOUS 1. Vallco Rose Bowl: Staff is working with Vallco Fashion Park to agendize the Rose Bowl Architectural and Site Approval for the March 8; 2005 Planning Commission meeting. Report of the Community Development Director Tuesday, ]February 22, 2005 ]Page 2 Enclosures: Staff Reports and Newspaper Articles G.planning/SteveP/director's report/pd.2-22-05 Cupertino Planning Commission 2 ORAL COMMUNICATIONS: None CONSENT CALENDAR: None PUBLIC HEARING 1. GPA -2004-01, EA -2004-17 City of Cupertino Citywide Location February 22, 2005 General Plan amendment to revise the General Plan. Subject: Environmental Resources Tentative City Council date: Not scheduled Mr. Steve Piasecki, Community Development Director: • Explained that staff wanted to clarify their position; mainly agreeing with the Commission, and the Commission agrees for the most part with the Task Force, resulting in less controversy. • In the Monta Vista area, staff agrees that the 30 foot height makes sense for two story buildings, and the Commission may want to consider whether to allow 35 feet for dormers. It is not a burning issue with staff, but something that provides more flexibility for applicants in that area. • Vallco Park south — Staff is comfortable with the 45 foot height limit, the Commission is willing to go to 60 feet; staff feels that 60 feet is appropriate for a future Vallco hotel. Staff would like to have a discussion or invite the property owners who probably aren't following closely what has been done, so they can provide input on height. • As the Commission is aware, there is a development agreement for Vallco effective through July 2006 which preempts anything that might be done in the General Plan, and preempts the current General Plan. • North DeAnza Boulevard - There was some discussion about 45 feet and staff is comfortable with 45 feet across the board, even for Apple, because the potential for Apple to add on in the next 20 years is going to be out in the front along DeAnza Boulevard where there are typically 45 foot limits already. • If the Commission feels there should be a tower element or a gateway feature, they may allow it to go higher than 45 feet; staff does not feel the need to match the larger campus in the back area, simply because it is 60 feet high. It is a large structure, set back to bring that same height out to DeAnza Boulevard, unless it was an architectural element. Staff said that it may be problematic. • Vallco Park North- staff indicated that while the Commission feels you could go as high as 60 feet, most of the buildings in Vallco Park North are lower, there are some exceptions. Staff is comfortable with a lower 45 foot height for Vallco Park North. The Planning Commissioners commented on their preliminary recommendations given at prior meetings, and illustrated in the Decision Matrix for Land Use/Housing Elements in the staff report. Com. Chen: • Thanked staff for clarifying her previous direction. • Monta Vista 2-3 is stories, not height; if converted to height, would say 30 feet; for Vallco Park South, it is 35 to 45 and should remain that way with 45 feet only for mixed use. • North DeAnza - cancel the 60 feet for Apple as it was not her intention to give Apple that exception to build 60 feet for the new extensions that they have planned to build. • Said she wanted to ensure that the height and the setback were one issue; if the setback is enough for the building to hide behind and not be seen from the public street and height is less Cupertino Planning Com—ssion February 22, 2005 of an issue than if it is right up on the street. Asked for Monta Vista if they were going by the standard setback for all these areas, or are there exceptions for any of the areas. Ms. Wordell: • Said Monta Vista does have some different setbacks from the other areas; it can go as close as 5 or 10 feet on some of those streets. • Said it varies from area to area; suggested that since everyone commented about the importance of design and setbacks, and possibly going higher with mixed use, it could be clarified as a comment on the matrix, or could be put on the height graphics to make it clear that it's connection between some of these elements and the height that is allowed. • The Planning Commission and City Council would have to be satisfied that there is good design and adequate setbacks in order to grant the maximums. Chair Wong: • Monta Vista is low impact, single family large lot area, that is rural; suggested 30 feet for height, but would be tempted to go lower to 25 feet to keep that low impact area. • Vallco Park South – go to 60 feet high to encourage mixed use; don't want to see any lowering of the commercial space and retail space there, but if height is allowed, he said he agreed with Com. Chen that setback will play a big role in that and also to allow flexibility for housing. • Regarding North DeAnza - allow 60 feet for flexibility for Apple; and Vallco Park North 60 feet only to increase industrial space for the future. Since this is a 20 year plan, prefer industrial only, no mixed use. • Preference is to keep 60 feet for the entire North DeAnza area, for office/industrial only. Vice Chair Miller: • In Monta Vista, there was agreement that it should be a low intensity area; however, it is important to start looking at opportunities to add senior housing and at the last meeting suggested that the Measurex site might be good for senior housing. There were some comments that it is not close to shopping and parks, but other senior housing areas that are not close to shopping and parks have been successful. • Said he felt it was important to encourage senior housing, and if a project was put in, would like the plan to have some flexibility both in terms of heights and density of units or density bonuses to encourage people to do something desirable for the community at large. • No objection to low intensity in Monta Vista with the exception that if someone is going to put in some special needs housing desirable to the city, encourage them to do that with either greater height or greater density. • Vallco Park South - agree that 60 feet is appropriate. • North DeAnza Boulevard – 60 feet on the Apple campus; it already exists at 60 feet. • Vallco Park North – Disagree with the Chair, and would support 60 feet, but it is important to look at some of those areas in Vallco Park North for further housing density. • More affordable housing is needed and the only way to get it is with higher density, but yet put it in places where it doesn't impact the community at large. The north eastern section in Vallco Park North is the ideal place for it, where it won't impact the community. Strongly support doing it there. • Said that in reading the task force document, it was evident that the task force made a recommendation to limit further housing development in town. It also states that meeting the ABAG requirements and adding further height, that density housing is not necessary, and as the jobs housing balance seems to have shifted, the goal will not be aggressively pursued. • Reviewed graphs on unemployment and housing prices in Santa Clara County. Cupertino Planning Commission 4 February 22, 2005 Said they need to do something more in the way of providing more affordable housing; unfortunately the way to do it is density and need to keep that density away from the existing neighborhoods, but need to put it in places that it will work. This is a way of suggesting that one of those places is North Vallco area, and should allow higher density housing there to meet some of the goals for affordable housing. Chair Wong: • Said at the January 25`h meeting, he asked staff to come back and discuss how they want to reallocate the housing element in the industrial areas because in the North DeAnza area and the Bubb Road area in the 1993 General Plan there is a housing allocation, and in the draft plan there is an allocation as well. He asked how the allocation was determined, and why. Ms. Wordell: • The staff recommendation for North DeAnza was not to include housing as the staff option; Bubb Road was left the same as the task force. • The task force has 2,000 additional housing units; it has the same number of housing units as the existing General Plan. Mr. Piasecki: • Said it raised an issue relative to what Vice Chair Miller discussed; as explained in the past, many of those units are spread out, and are in an undesignated pool and not likely to be built, and in some cases too close to neighborhoods. There have been suggestions that they can rake up some units, take some out of Bubb Road, North DeAnza or out of some out of the undesignated pools and put them into Vallco. It is good to think about a strategy that achieves your objectives. At the same time staff feels that for the next 20 years, sticking with the numbers from the 2001 housing element, doesn't make sense and residential can help drive some of the retail desires, and by creating the lower density it doesn't matter as much on the density. • Retail is evolving and staff is learning more about the market trends that are going more toward mixed use because it provides the property owner and applicant with a buffer against the fluctuations in the market place. • Said he did not feel the densities in some cases need to be as high as they are. It would also allow more comfort about leaving some residential in some areas at lower densities, again with the incentive of them being an economic engine to drive some retail sales tax producing uses. Com. Saadati: • Based on what Vice Chair Miller stated for higher density, it would be beneficial to have that as an incentive for affordable housing, if higher density is pursued, then affordable housing units would be increased in those developments. Presently there are not too many houses in Cupertino priced in such a way that teachers or other city workers can afford those. By putting it as an incentive to bring in more affordable units, there are some people in the community who work here, and may be able to afford to live here. It may be something that could be pursued. Chair Wong: • Concurred with Com. Saadati that in prospective areas such as the Oaks Shopping Center, next to the senior center, where mixed use didn't successfully prevail, it would be an ideal site for senior housing. Cupertino Planning Corr,._-ssion February 22, 2005 • He said the reason he supported more higher density in Vallco Park South vs. Vallco Park North is that he wanted to salvage the industrial area, and still try to keeo the semi -rural atmosphere as well by putting it on the edge of town at Vallco North. • With a potential applicant coming in, they would want some flexibility, and by putting it on major thoroughfares like Stevens Creek Boulevard, that will encourage that life style center which is the trend going on in the public; as well as include and encourage light trail coming to Cupertino. Vice Chair Miller: • Relative to the issue of industrial, said he was uncertain why they should have a goal of preserving and increasing the industrial base. If there are now empty buildings, the problem in town is that it is over -built with industrial and the housing did not keep up with it which resulted in an imbalance and disagreement in the community. If there are some empty buildings in town, it is an opportunity to balance the community out without adding additional housing; by taking away some industrial land, it gives some more balance. • Light rail would be nice, but he said he was not sure if there is a plan on the books for light rail; however, a bus system in town might be very workable and might be supported by some of the company sponsors. If there was high density housing concentrated in certain places and already had employment concentrated in places, it becomes very feasible to have a commuter bus system that shuttles people between those areas, and might substitute for light rail. • The Bubb Road area is primarily industrial now, but there are many aging buildings, one and two stories which were developed back in the 60s and at some point, it is going to be redeveloped, and people are going to want more intensity there, and then the question is what makes sense. Said he was uncertain if it made sense to redevelop it with three or, four story industrial buildings, the road system would not support it. Perhaps it should be discussed further; as Bubb Road comes up for redevelopment, what kind of projects would make sense on Bubb Road. Com. Chen: • Said she agreed with Chair Wong, and felt a balanced community should have a piece of everything; especially since Cupertino is such a small area. • Said she did not support converting the majority of the city to residential just as a goal to balance jobs and housing. • Supports mixed use, although feels mixed use provides a good balance for the local small area. • Said she would only, support the height in the housing unit increase.if it is a mixed project; mixed use has to be in the right area because the impact is significant for the area in terms of traffic, infrastructure, public safety needs and school needs. • She said they needed to exercise caution in determining which area should be designated for mixed use; there should be different ways in the General Plan to encourage the mixed use development in a different part of the town. Vice Chair Miller: • Clarified that he was not suggesting they convert the majority of Cupertino's industrial base to housing; there are some relatively small areas that are potentially convertible now because they are empty. • In terms of affordable housing, Cupertino is low in meeting those requirements for affordable housing, and it is not that they are trying to provide affordable housing for the entire area, but just meeting what is generally expected as a community in comparison to what other communities are doing. Cupertino Planning Commission 6 February 22, 2005 Com. Saadati: • Relative to Bubb Road, one option would be mixed use; there are some one story industrial buildings and if in future those go away, one needs to evaluate as to what would be the benefit and impact of a mixed use there in the high traffic area close to Stevens Creek and McClellan. • That is a potential for. consideration to put some housing units on the second floor; mixed use would work best if people are close to shops and be able to help with the environment because they would not be in their cars as much. For senior housing, the residents would be able to walk to the shops. The people who work in the offices there could also live in the same complex. Chair Wong: • Concurred that the Bubb Road housing should be a two story mixed use area with no third story dormer element. • The intensity of the housing should be 12 or under, perhaps 6 or under, to maintain a low intensity in that area. • Said he agreed with Com. Chen that they have to be careful when increasing the housing; the goal of the Commission is to have affordable housing and does have the 15% affordable housing, but then it is the market that is driving the housing. • Because Cupertino is unique with its excellent school system that drives the housing costs, they have to ensure they have enough parks, library services and funds to cover all the city needs. • Expressed concern about the impacts on planning staff and the effect of two much housing. Mr. Piasecki: • Clarified that there have been no layoffs, the loss of employees has been through attrition or retirement; some have gone on to other cities and other jobs and they are short about 17 positions, which is showing very clearly in terms of how they are able to do their jobs; furlough days are days without pay. • Said for the Monta Vista area, a preference has been expressed for 30 feet, and not to go to 35; with possibly a caveat for special needs housing which can be discussed later. • Relative to Vallco Park South, staff talked about inviting the property owners and talking about 60 vs. 45. Staff feels comfortable with 45. The counterpart to that is that staff is comfortable with keeping the density for Vallco Park South at 35 units to the acre because that is what fits into 45 feet. • He said the difference between 35 units to the acre and 50 is the difference between 3 floors and 4 floors; and with the exception of City Center area, Cupertino does not have 4 floor housing formats; almost everything is three or lower. • At the previous meeting they discussed where the opportunity sites were, particularly in North Vallco and to some extent in South Vallco; these are sites that are near buildings that are already at two floors or usually around the 45 foot height limit; which would be an argument for keeping the density at 35 units to the acre and no more. Discussion continued relative to mixed use housing in different areas, etc. wherein Mr. Piasecki answered commissioners' questions. Mr. Piasecki: 0 Continued review of the decision matrix. Cupertino Planning Com,_�ssion 7 February 22, 2005 • Relative to Vallco Park South, he said there was a predominance of 60 feet; staff was contending for 45 feet outside of Vallco Fashion Park; the Commission can either say yes, no, or remain the same. • He clarified that staff may take a different position in some of the areas when the Planning Commission recommendation goes forward to the City Council. • Heart of the City — Everyone agrees there was no issue there. • Homestead - Agrees with the majority — 45 feet. • City Center: 45 feet — Staff agrees. • No. DeAnza Boulevard — Staff suggested 45 feet; two commissioners said perhaps the Apple campus should be allowed to go to 60; which results in a 2:2 vote; you may want to wait for Com. Giefer to be the tie breaker. • Vallco Park North — Staff is comfortable with 45 feet, that being the predominant height in the area now. The Planning Commission favored 60; if they don't change their minds, it will remain the way it is and as it goes forward, staff may take a different position in those three areas. Chair Wong: • Relative to North DeAnza — Changed his choice to 45, 60 on Apple. • Relative to density, said he wanted 6 per acre for Monta Vista. Discussion on residential would occur when Com. Giefer was in attendance as she has not included her numbers; and they discussed getting more information on the environmental impacts. Com. Saadati: • Said his position on Bubb Road was 20 units per acre. • Asked if it was accomplished with two stories. Ms. Wordell: • Said it may be somewhat high, but could be three stories. Com. Saadati: • Said he wanted to add that it would be a condition with the additional affordable housing. Vice Chair Miller: • Asked for clarification on the undesignated numbers. Ms. Wordell: • An explanation was included in the staff report. • Said that in the existing General Plan there are two kinds of undesignated areas; one is a floating pool and one is more of the neighborhoods. • The task force had two categories of other areas, they did' not realize what kind of numbers went into that and that the neighborhoods were already committed for a large part of that and that they had not put enough units to go around to accommodate the housing units needed in both neighborhoods in a floating pool. • Said it was not as important to understand which kind of area is which, but to know that the neighborhoods were under -counted by the task force and did not leave very much in a floating pool to be used citywide. The number needed to be raised to allow for both of those situations. • The pool is a slush fund and typically that number has remained fairly low because if you put a huge number in that category you could be creating impacts that you hadn't anticipated; it is a fairly small number which is spread around. Cupertino Planning Commission 8 February 22, 2005 Chair Wong: • Requested that when staff returns with more information on density; could they calculate how many units will be in that special area; because by saying 12 or 6 for Monta Vista, how many units will that generate? Mr. Piasecki: • Said that staff would bring back information relative to Vice Chair Miller's question about how many housing units there are today and how many are proposed for the time period of the General Plan. COMMERCIAL FLOOR AREA RATIO Chair Wong: • Vice Chair Miller said Palo Alto has 40%, Santana Row is almost 1:1; what was staffs recommendation? Ms. Wordell: • Clarified that it came up to correct a task force deletion, but it does raise the issue of philosophically what is desired. The correction that was needed is that the administrative draft and the way the task force left it was the FAR for commercial and for office and industrial as well is .15 or 15% FAR. The design was to have a low FAR that you could build out then, achieve some sort of greater use of your property if you did mixed use. It would be an incentive to do mixed use by keeping the FAR low. • The task force deleted the reference to mixed use and the draft was left with a low FAR. Something needs to be done to address that and that would be to raise it, so that you have a higher FAR or put back in the language that allows mixed use or to go back to what the existing General Plan has for commercial which is a pool. • It needs to be addressed in some way; you would want to talk about philosophically how do you want to deal with it; do you want to keep it low to encourage mixed use; do you want to go to a flat floor area for the different uses or do you want to have a pool or some other combination. Vice Chair Miller: • Said he felt they should make a distinction between commercial and office/industrial. There is general agreement to increase the commercial, retail space; and they want to encourage that, but not sure they want to encourage a lot of additional office and industrial space except in those areas where there is already corporate residence that needs to be expanded. • Said he would like to separate the commercial out; the emphasis in the past has been allowing people to do commercial if they promise to do housing; but the environment has changed. People now do not want to do commercial but they want to do housing; if there is a desire for an incentive in town for doing more commercial, they need to reverse the incentive and say if so much commercial is done, they will be allowed to do some housing. Com. Chen: • Said she concurred with Vice Chair Miller that they should encourage commercial space; and use residential as a way to increase commercial. • Said she supported Vice Chair Miller's suggestion to increase the FAR for commercial if it is a mixed use. Cupertino Planning Corm.assion February 22, 2005 Ms. Wordell: • Clarified that the wording in the Administrative Draft; FAR could be increased above .15 if there were residential; it did allow for more if residential was provided. Vice Chair Miller: • Said he was suggesting the opposite; you could do more residential if you have a certain minimum amount of commercial. Mr. Piasecki: • Said the task force reacted against the idea of mixed use; they did not want to see the mixed use, so they removed the residential but left the FAR low; they did not backfill it with anything else. • Part of the logic was they should be encouraging just retail. It wasn't so much a market driven logic as the preference is for more retail. Com. Saadati: • Said Vice Chair Miller's suggestion may work; if developers want to put in residential, a condition could be attached that commercial needs to be included. -However, it has to be done in such a way that it would be successful. Mr. Piasecki: • Suggested that the Planning Commission think that it may be situational as well; there may be situations where in the case of Vallco Fashion Park, the Rose Bowl, you would get 140,000 square feet of retail and they are putting in about 200 housing units. If they were not given the 140,000 square feet, they probably wouldn't approve 200 units of housing if they were not getting a substantial retail component. • It may be said in those areas such as Crossroads, City Center, Vallco, it is important to get the substantial retail component and you might be able to give them a bit of residential again to make that work. The Heart of the City Plan on the other hand says in the raid -block areas, they are not looking for substantial retail components; this came up in conjunction with the Adobe Lounge property, should it be predominantly residential or not. Com. Saadati: • Said he concurred that they should consider Vice Chair Miller's suggestion for incentive to build residential. Chair Wong: • Said he agreed with other commissioners that if they did mixed use, then the ratio for the commercial has to be very high; almost 1:1. • He said they want to encourage commercial retail to be in the center of town, and cited two examples of Hamilton Square Plaza and the Pruneyard. • Said he believed they could remodel the Crossroads, Marketplace or the strip malls along Stevens Creek Boulevard similar to what they did in Campbell. • He wanted to emphasize the retail/commercial because they need it; there are no sales tax dollars coming into Cupertino. If the trend is toward mixed use, the commercial should remain high at 1:1. • Said he would prefer surface parking, underground parking, or parking structures similar to the Pruneyard, hidden in the back, or underground parking. Cupertino Planning Commission 10 February 22, 2005 ECONOMIC DEVELOPMENT PLAN Chair Wong: • Asked staff to address the perspective of big boxes or not; and discuss staff's position regarding economic development plan. Mr. Piasecki: • The suggestion to encourage the collection of small or a big box derived from the current Plan. The current Plan allows 150,000 square feet set aside for big box and you could be particular about what kind of big box, you don't have to take a particular one that may impact local businesses more than other ones, the theory being that you need to bring in a collection of small or a larger big box simply because of the revenue generation that it brings to the city, which could be in excess of $1 million per year. With the $1 million per year, you could build a lot of community; offer programs to enhance parks, add to your police services and you can fulfill the goal and the plan that talks about building community. • It is difficult to do in Cupertino because of limited sites where that may be possible. Typically bigger boxes cannot pay the same rates for land as residential, office or commercial; it makes it difficult to make the numbers work. • Given that, there are some possibilities there may be a collection of smaller boxes, they may be combined into a lifestyle center. From staff's standpoint, they do not want to close the option; they cannot force people to put in uses they don't want, but can offer it; if that doesn't happen, you may say you will have $150,000 set aside like the current Plan has. If an office user came in and brought in a sales tax office, you may offer the $150,000 we set aside for this purpose can be made available to you. • With that, there may be different strategies that you can employ, that would allocate that building area to somebody that brings in a retail sales tax, even business to business office. Vice Chair Miller: • Asked if there were many places in Cupertino to do big boxes; essentially one large box is not going to work in Cupertino. Mr. Piasecki: • Said there were some sites where it might be possible to amalgamate the land area necessary for one large one; but not likely. The numbers they are willing to pay and what is seen as land values in Cupertino are significantly apart, and not sure there is a way to bridge that. • Said it was unlikely they would find a large one, but could get some smaller boxes, and they could be in combination with a lifestyle center, mixed use project - Vallco, possibly. He said they should not try to judge the market so much as leave the option open. • He said they were trying to find alternate ways of funding what they do, and are running out of options. The retail sales tax options are not working, and they are not seeing the retail demand coming into Cupertino; and where it is happening, it is happening too slowly to be responsive to the kinds of budget needs they have had for quite a while. Vice Chair Miller: • Said what they were saying made sense in terms of wanting big boxes and medium size boxes where appropriate, and make sure they are compatible with the existing uses that are going on there. For example in Vallco, if Vallco is already planning to put in a lifestyle center and there is some other developments that need to go in there, or are planning to go in there, whatever they do in there should be compatible with and synergistic with the development that is already planned for that area. Cupertino Planning Corrhaission 11 February 22, 2005 Com. Chen: • She said big boxes or medium boxes are desirable. • Asked if anyone showed interest in Cupertino, and if so, what sites. Mr. Piasecki: • Said they had inquiries from three big box retailers asking questions about Cupertino, but have not seen the numbers come together, and felt it was unlikely that it could happen. • Large box retail can typically pay about '/4 to '/z what residential will pay for the same land; a property owner has no incentive to allow a large box to come onto their property unless they are leveraging it in exchange for residential. • As Vice Chair Miller mentioned earlier, you can make up the difference by allowing them to have X number of residential units in exchange for taking less money for the 10 acres needed for the large box. • Explained that the size of the common area was not reduced if a big box was put in; it allows that use to go in conjunction with residential. A big box would not be used unless it was very lucrative and favorable for existing uses as well as lucrative for the city. • On the Toll Brothers site, they were proposing roughly 100,000 square feet of retail and the problem with that was they were simply going to move an existing business and bring in one more that was going to produce relatively low sales tax numbers. Com. Saadati: • The new option proposes to have a five year revenue plan; he said he felt it should be five and ten year so that it would be more long range. • Said the task force draft says ten years; but his preference is to have a ten year long range plan, with an incremental range within it. Mr. Piasecki: • Suggested they need to work on this section; there are a number of enhancements to bring into this whole economic development idea and you might set a goal to double your retail sales tax figures in ten years; be aggressive about it, say however it is done, we should double our retail sales tax figures in ten years because those are the kind of revenue demands we are going to have on services. We have less sales tax generation than a city little bit larger than one-half our size; it is not good in terms of our performance in that area. • That is due to being upstaged by Valley Fair, Santana Row, Stanford; no question they have taken business away, as well as the big -box phenomenon surrounding cities and it doesn't do any good when San Jose puts a Home Depot at our border; we get the traffic and none of the revenues. There are a lot of factors contributing to the decline; the economy being the most substantial. We need to be strategic about it; we need to really invest in Vallco and shore up Vallco. Com. Saadati: • Said as recommended by the minorities report, they need to have some flexibility that would allow them to react to the changes in the future. Chair Wong: • Said he concurred with Com. Saadati, and staff wants more time address the issue. Mr. Piasecki made a good point to set a goal of doubling the retail sales. He said he agreed with the task force draft that it is a ten year forecast. Cupertino Planning Commission 12 February 22, 2005 • Agreed with Vice Chair Miller and Com. Chen on the need for some medium boxes in town that are compatible in synergy with the surrounding neighborhood, definitely a home improvement store, maybe a Lowes, an Office Max or Office Depot, a book store and an electronics store. • It has to be decided which is more important, bringing sales tax into the community or more housing. The applicants want to get the full cost of their property value as well as the community leaders. • Said he supports ten years, and encouraging big boxes. Said there was a need to collaborate with property owners and have better communication with the large land owners to make it a win-win situation. Com. Chen: • Said she did not comment on the five or ten years; being a professional administrator for so many years she realized that any projection after five years is more of a guess rather than a realistic projection. • Said she would support a five year projection with an annual adjustment. Vice Chair Miller: • Said he agreed with Com. Chen about the ten year projections; it is difficult enough to project and target five years out, but it is probably a more realistic goal .to strive for. • In terms of offering housing as an incentive, he said he was confident that they would agree on a reasonable number in the General Plan and whether it is the task force numbers or a higher number, it is going to be a limited number agreed to. • They may not reach that number; it depends on what the particular projects and developments are that come in and in terms of what incentives are given. • He said he thought the amount of housing they would develop is finite and pointed out that they perhaps should be looking at the mix so that they slant it toward making housing affordable not just for fireman, policeman and teachers, but for new engineers who want to work in Cupertino and cannot afford to. ONE -PERCENT FOR ART ORDINANCE Com. Saadati: • Supports the one -percent public art. • Public art should be displayed outside so that everyone can view it 24 hours a day. • Relative to limiting it to the larger developments, said it could be evaluated. • Questioned if putting a one -percent for art ordinance discourages developers to build; and asked what threshold would not have any impact and how has it been impacting other cities that have one -percent. Ms. Wordell: • If you developed an ordinance, kept this policy in, and developed an ordinance to implement it, you would get into that level of detail. He agreed that if other cities do it so broadly, one would think that it has not discouraged development. • Said she felt they could get into more of the size of the project. Mr. Piasecki: • Suggested that it be worded to say that the General Plan would encourage an analysis, not necessarily that you are going to do it, but that you would move forward with an analysis to Cupertino Planning Comi.ussion 13 February 22, 2005 find the impact on the economics of development, allow the opportunity for the Chamber to come in and tell you; that way you would not have to decide it all. • It sounds like an interesting idea but there is a lot of work that needs to be evaluated before going there. Com. Saadati: • It should be pursued with evaluation, as suggested. Com. Chen: • The task force suggests setting aside one percent of the total project budget for onsite art; asked if it is a requirement that the art has to be onsite. Ms. Wordell: • Said the task force did not discuss it; which is one reason they brought it to everyone's attention to show that it was a part of the recommended General Plan. • The recommendation came from the Fine Arts Commission, and they specified offsite because of limited locations. If it were offsite, it would require more staff involvement to determine where the art would be offsite, whereas if it were project related and on the project site, it is much easier to manage. Com. Chen: • Clarified that even if it is a project that cannot be seen by the public, they requested that an art piece be put outside. Ms. Wordell: • Said that it did not have to be a piece of art, but could be an architectural feature or something incorporated into the building. Mr. Piasecki: • Said a threshold for size could be set up that would get at some of the smaller parcels which are not publicly visible, differentiated from most of the properties in town that are along major boulevards and publicly visible. He referred to the City of Mountain View website which illustrates examples of how cities have implemented this. Com. Chen: • Said it made sense to have a minimum requirement; if it is a project more than 50,000 square feet, public art is required, but with some language that gives some flexibility in the art selection; or waive the requirement based on the building not being seen by public. Vice Chair Miller: • Said he agreed with the suggestion that it be studied and encourage analysis. • Art enhances and beautifies the city, but it is not an absolute need, and if asking for additional fees from developers, priority has to go to shirring up city finances, mitigating impacts to local schools and supporting services if the affordable housing isn't paying its own way; then looking to developers who are potentially making large profits and asking them for in -lieu fees. • Art belongs in the plan, but it has to be prioritized appropriately, and there are other uses for money coming out of large projects that might take higher priority. Cupertino Planning Commission 14 February 22, 2005 Chair Wong: • Said he supported the Fine Arts Commission regarding setting aside the one -percent for art ordinances. • Does not support in -lieu fees because art is very important in the community, and a lot of the developers or applicants are making some kind of marginal profit; it is important to include it. • Also supports minimum size of 50,000 square feet as suggested in the new options, and do an analysis as staff suggested regarding smaller areas. • Public art is very important and the Fine Arts Commission and staff suggested that by having an in -lieu fee, it would be more work for staff. SPECIFIC PROPERTIES (LAND USE MAP) Ms. Wordell: • Reviewed the background of the Lindy Lane hillside properties. • The proposal was to change the land use map to put the properties into the slope density one- half acre category; and some of the issues were that it would be more efficient for them to be in hillside in terms of zoning because even if they are R1 and are steep, they are going to have to abide by the RHS and the Rl; which is the way the R1 reads. • The downside was that there were four properties that may be able to subdivide under their current zoning R1-20 or one of them is also an A; but their ability to subdivide might be affected if they went into the hillside slope density designation. • The information presented at the last meeting was that it looked like two might still be able to subdivide, even under the hillside. Some Commissioners felt it may be acceptable to subdivide as long as the studies showed that the geological situation is satisfactory and they can subdivide. • Said that the geological consultant will be present at the next meeting if there are any questions about hillside development. Com. Chen: • Said she made the statement that safety is the primary importance which was captured in the comments. • Supports the hillside study; if there is a request to subdivide, a study has to be provided. Vice Chair Miller: • Said he also commented that safety was the primary issue; and he would hold his comments until the next meeting when the geological expert would be present at the meeting. Com. Saadati: • Said he indicated previously that it was acceptable to go with the hillside, conditioned upon the specific site geological. Hopefully next time they can get more information. Chair Wong: • Said he agreed that safety was of primary importance and after a hillside study, if the geological work was acceptable, he felt they should allow the property owners to subdivide. Cupertino Planning Com,,,ission 15 February 22, 2005 OPEN SPACE, PARKS AND TRAILS Ms. Wordell: • Said there were no Hot Topics relative to the issue; there was some testimony from Deborah Jamison. • Some commissioners agreed that calling the Stevens Creek Trail "rural trails" was more appropriate than "urban trails". J • Possible change relative to a trail designation on the trails map, showing it as "future" and could call part of it "existing" or "proposed" because it does correspond with part of the trail that is in the Rancho San Antonio area. Consider giving it a different symbol. Chair Wong: • Asked staff to follow up with Deborah Jamison regarding the wording. • Relative to the linkage, asked how they could make it more rural. Ms. Wordell: • A lot of it is already determined that it won't be and the one Ms. Jamison preferred was the one that is called "future" which is along the western foothills, which she acknowledged is part of private land. • Likely fine to keep it as "future", but there wouldn't be any specific plans to implement it in the city's plan. Chair Wong: • It is a 20 year plan, and in 20 years that land might develop and it would be in the General Plan; and the landowner would know they have to have an easement for that trail to develop the land in the future. Ms. Wordell: • That is the reason to keep it in. • Relative to the school on Stevens Canyon Road, she said there was no easement on the property for a trail to go through. It would have to be part of some type of development agreement. • It was shown as a trail in the General Plan. Vice Chair Miller: • Asked when designating a trail along Stevens Creek Boulevard, is it just a designation or is something done on Stevens Creek Boulevard to make it more walkable or more accessible to handicapped persons; or is there something specific about that aside from designating it as a trail. Ms. Wordell: • Said there were improvements as part of the Stevens Creek Feasibility Plan; and were likely in the document distributed at the last meeting. Vice Chair Miller: • Agreed with comments that trails along urban streets are less important than trails in the hillside areas; however, it is equally important to give consideration to enhance the walkability of the city by making improvements along Stevens Creek Boulevard. Com. Chen: No comment. Cupertino Planning Commission 16 February 22, 2005 Com. Saadati: • Said he encouraged making it easier for people to walk on city streets and hoped that they could enhance the trails along Stevens Creek Boulevard to provide a good walkable surface. Chair Wong: • Declared a short recess. ENVIRONMENTAL RESOURCES ELEMENTS Ms. Wordell: • Said that a Hot Topic was identified for the Environmental Resources Element which related to the sustainability task force; and as pointed out in the staff report it is almost an excuse to be sure that the Planning Commission, City Council know that sustainability is a big emphasis in environmental resources element. Mr. Don Wolf, consultant: • Gave a brief overview of current planning concept; and paraphrased the United Nations committee on environment: "Let's not squander our environmental resources today, through inattention to design so that there will be something left for future generations." • Said that sustainability is a holistic approach, whereas the planning done today is more piecemeal and more individualized, but is a holistic approach to shaping the community and involves virtually every single scientific, economic, social, planning, construction, and design discipline that we have. It is an amazing construct that involves everybody who is interested in creating community. • The goal of sustainability is to create communities with irreducible environmental impacts, all within economic capability. • He referred to the San Mateo Countywide Guide, Sustainable Buildings and noted that it was an excellent reference guide on green construction. • He distributed a copy of the Pacific Energy Center educational calendar of courses and seminars relating to sustainable planning and building. • Said that the sustainable planning process, green building process is new and results in the need to change the way we think; we fundamentally think about buildings and about what we approve and what we don't approve and how we condition approval; it is important for Planning Commissioners and staff to have an understanding of the world of sustainable design. • Said the Hot Topic was whether or not a task force should be appointed to develop a comprehensive yearly sustainability and resource plan. Said he did not object to the development of a task force to work on a sustainability plan, but the issues of sustainability are so esoteric and broad, that no one committee could really handle the job. Sustainability plans depends on the level of sophistication you would like in the plan; if you are just going to develop some goals, to protect resources, that is one thing; if you are going to go ahead and do a comprehensive sustainability plan that covers every aspect of building and planning, you are going to have some problems with it. The other problem that Cupertino is faced with, like many other cities, is a shortage of personnel. • He recommended approval in concept of a citizens' committee to work on a sustainability program with staff and consultants. He added that he found that another useful committee would be one which makes certain that the city is always using the appropriate and latest technology in what it does to its own public buildings and how it applies and evaluates applications for private development. He said Cupertino is a perfect city for such a technology committee to be appointed. Cupertino Planning Com...ission 17 February 22, 2005 Com. Saadati: • Said that he attended a sustainability seminar before, and asked if green building compared to a few years ago, has become more affordable; and did Mr. Wolf foresee in future as more and more projects are designed with the concept of making them green, if it is going to be a more competitive market. Mr. Wolf. • It is becoming more competitive by the month; the prices of green building materials are coming down rapidly; they will always be a little higher than conventional materials because they are manufactured materials. The main thing about the green building program is to educate those who are building, the developers, builders and owners that in the short term the buildings may cost a little more, but in the long term, they will save great quantities of money. • The first city that did a green program was in 1990 was Portland Oregon and their program is used as a model program throughout the country; they saved $2 million in the first four years just on electricity for their public buildings. Com. Saadati: • There is a great benefit and saving a lot of energy, recycling in Cupertino; also recycling of construction materials when buildings are demolished. • There are grants available; this is a way of the future. Vice Chair Miller: • Questioned if the new buildings had any green building aspects to it. Mr. Piasecki: • Said that the library had some daylighting components; the chambers had some of the same features built into it, but likely doesn't meet the literal definition of what is truly in a green building. • Some building materials were recycled. Ms. Wordell: • When the Planning Commission approved the use permit for the library, a commissioner asked what were some" of the elements, and the architect responded. There were not any cutting edge but there was a list of things they did for energy efficiency. Vice Chair Miller: • Said he participated in some seminars on green building and sustainability and it is a concept whose time has come and it is getting more economically feasible to do that. There are a number of consultants who can show how to do this in an economically beneficial way. • Said he was in favor of moving in that direction and one of the first steps is education. Some developers do it on their own, but the city does not presently offer any educational materials on sustainability or green buildings or anything of that nature; and it would be beneficial to provide some educational materials and discuss it with developers when they come in. Mr. Piasecki: • Said that materials are available in the planning department, but staff is not proactive in encouraging it. • Some of the education can extend to the residents in terms of how they power their own homes and recycle materials. Cupertino Planning Commission 18 February 22, 2005 Composting is another concept of green building that residents can participate in on their own property. Vice Chair Miller: • At times the state has given rebates for the use of the materials; and making people aware of these kinds of programs potentially has a benefit. • The next step is to have a more formal process to discuss it with developers. The city is mostly built out, perhaps there is an opportunity with what is going on with Vallco North and South to actually have an impact. • Questioned why a consultant couldn't come in and look at plans that are on the books for the area and see if there are some suggestions that may be acceptable. Mr. Wolf: • Another way to do it is to require the project applicant to do the architecture, and architecture is really beginning to lead the way with sustainable design. • This city has done some things taking steps toward sustainable program. Vice Chair Miller: • Said the Planning Commission and City Council could educate themselves by visiting some of the sites. Chair Wong: • He said to set an example for sustainability, government should start with their own public buildings; and commented that city hall and the new library were two missed where they could have had a 110% sustainable building. One example as staff mentioned was DeAnza College and the library in West San Jose, off Saratoga Avenue. Mr. Wolf: • As of two years ago, there were 125 cities in the country that had sustainability programs and had gone ahead as a first step and at least inventoried their own buildings. • There are likely about 250 to 300 cities that now have full sustainability programs. • Encouraged everyone to visit the Getty Center in Los Angeles; it is environmental planning and sustainability at its best; great use of daylighting; the integration of the landscaping as part of the architecture is superb. Ms. Wordell: • Reported that the items relative to circulation and public safety would be continued to the next meeting; and that the traffic consultant and geological consultant would be present at the meeting. Chair Wong opened the public hearing. Deborah Hill, resident: • Said that she was on disability and explained her housing plight to the Planning Commission; stating that she had 28 days to find new housing. • Said that she had contacted various agencies in Cupertino for assistance and asked if the Planning Commission or City Council could assist her in finding housing. Chair Wong closed the public hearing. Cupertino Planning Con-wassion 19 February 22, 2005 Coms. Chen, Saadati and Vice Chair Miller: • Supportive of plans to merge the March 10 special meeting into the March 22nd Planning Commission regular meeting Chair Wong summarized the future meeting schedule: • Keep the March 8th circulation and health safety meeting with the Bicycle Ped and Public Safety Commission; which will complete the second phase. • Cancel the March 14th extra meeting and give comments regarding circulation, environmental resources, health and safety on the March 22nd Planning Commission meeting; • Hold off on preliminary amendments to the task force draft on March 22nd and listen to the full report of the draft EIR; on April 12th hear the preliminary amendment to the task force plan as well as the draft EIR. • April 26th if a second meeting is needed, continue the recommendations; if not needed, make final recommendations, but possibly push it into the first meeting in May. Chair Wong: • Noted that the item will be continued to the March 8th Planning Commission meeting. None : None Environmental Review mittee: Chair Wong note a meeting was cancelled. Housing Commission: Com. Saad ' reporte n the February 10`h meeting: • Major topic of meeting was the avai of housing in Cupertino; reported active sales for homes listed under $500,000 was o c o at $325,000, which is why some of the teachers are not able to purchase homes. • Discussed the $220,000 for th eachers. So far one has come forward to take advantage of it because the housing mar prices are so high. ousing Commission recommended to reduce the number from o 4 teachers. Quarterly meeting, hQ report. No report available in�om. Giefer's absence. Mr. Piayfki reported: /Staff February 7th discussion of land use policies; staff report raised 6 issues and questio thencil decided they would review their ordinance that requires Council authorization pn application for a General Plan amendment and may amend that revision. is working diligently with Vallco to get them on the March 8th agenda; they need to bring in some additional plans; staff will make every effort to keep them on track. CITE' OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 DEPARTMENT OF COMMUNITY DEVELOPMENT Application Too: GPA -2004-01, EA -2004-17 Agenda Date: February 14, 2005 Applicant: City of Cupertino Location/APN: City-wide Application Summary: General Plan amendment to revise the General Plan Recommendation: Staff recommends that the Planning Commission: 1. Discuss the Hot Topics in the Land Use/ Housing Elements 2. Continue this agenda item to February 22, 2005 Background: The City Council authorized the Task Force Draft General Plan as the public hearing draft for the General Plan review. The Task Force Draft and other supporting documents were provided to the Planning Commission in September 2004. The City Council requested that the Planning Commission focus on the Hot Topics, as discussed in the Hot Topics Summary Matrix and Background Report. The Planning Commission held three public hearings on various topics in the Land Use/ Housing elements. The purpose of this special meeting into discuss the topics as a whole, in a study -session setting. Discussion: The discussion outline and decision matrix are found in Exhibit A. The. outline reflects subjects requested for discussion by the Planning Commission. Staff will facilitate the discussion of the topics. Staff suggests that.it may be premature to "fill in the blanks". on some of the topics, since additional information has been requested and the Environmental Impact Report has not been discussed yet. Additional Information Requested: ®pen Space, Parks and Trails Several Planning Commissioners expressed support for the idea of trails in natural areas, rather than along streets. Figure 2-I(Page 2-52) in the Task Force Draft shows an "Existing or Proposed" trail linkage along Stevens Creek Boulevard, and a "Future Trail Linkage" along Cuperttino's western boundary, General Plan Review Page 2 with preferences expressed for the latter. In response to this preference, Therese Smith, Director of the Parks and Recreation Department, provided each Commissioner with the approved Stevens Creek Trail Feasibility Report (enclosed). Map 5 on page 35 shows the approved trail alignment, which matches the "Existing or Proposed Trail Linkages" on the General Plan map. Since this is the approved linkage, it should continue to be shown as such. The "Future Trail Linkage" is appropriate for the western boundary trail, since it is not "existing or proposed." In answer to the question about the status of trail implementation on the former Diocese lands, a trail is partially constructed on the eastern portion of the property (map enclosed). It is not officially open yet, but is expected to be open this summer. Funding is available for a trail on the southern boundary of the cemetery; construction dates have not been scheduled. Alternate Funding Sources An important discussion item related to land use decisions is the impact of different land uses on city revenues and services. The Commission is interested in knowing the economic impacts of additional residential development. Staff does not have a response at this time, and will continue to work on a response. Questions were asked about the Mello -Roos Act as a possible source for financing public services. A fact sheet is enclosed. A cursory review of this approach reveals that it is used "when no other source of money is available." One would have to determine what services are needed by the proposed new development, and that there is no other source available to pay for them. Staff supports the addition of policies to require mitigation of loss of commercial/ office revenues when commercial/ office properties are proposed for residential uses, similar to the mitigation required for the Pinn Brothers residential development on the former Santa Barbara Grill site. Hillside Subdivision Potential The Planning Commission discussed the proposal to change the land use designation on 27 properties from Low Density 1-5 dwelling units/ gross acre to Residential Low 1/2 Acre Slope Density. One of the issues identified is the effect of the land use change on potential subdivision of four of the properties. Staff agreed to conduct a rough slope density analysis to determine if the hillside slope density formula would allow subdivision. The rough estimate is that the Dalleore and Knopp properties might be able to subdivide under slope density, and the Sun and Santori Properties probably would not. Under the current land use designation and zoning, all the properties could subdivide, at least mathematically, without considering any geological constraints. General Plan review Page 3 Next Steps: The tentative schedule for remaining meetings is: ® February 22 Environmental Resources ® March 8 Circulation and Health and Safety (with Bicycle/ Pedestrian and Public Safety Commissions) ® March 14 Circulation/ Environmental Resources/ Health and Safety Study Session (extra meeting„ 6:45 Community Fall) ® March 22 Preliminary amendments to Task Force Draft and Draft Environmental Impact Report ® April 26 Recommend Approval of Draft General Plan and Draft Environmental Impact Report to City Council Enclosures - Task Force Draft General Plan, Hot Topics, Corrections Document, Minority Report (provided previously, please bring to meeting) Exhibit A:. Discussion Outline Task Force Draft, Land Use/ Housing Strike -Through Version Hot Topics Comparison Matrix (provided previously, included here) Topography Map. School Impact Analysis (provided previously, included here) School boundary Maps Email from john James What is Mello -Roos? Stevens Creek Trail Feasibility Report and Stevens Creek Trail Map Prepared by: Ciddy Wordell, City Planner Approved by: Steve Piasecki, Director of Community Development G:planning/ pdreport/ GPA -2004-01 2-14-05 EXHIBIT A cCUPEIL TINO PLANNING COMMISSION DISCUSSION OUTLINE BLAND USE/HOUSING ELEMENTS February 114, 2®®5 n I. REVIEW GENERAL PLAN VISION, GOALS AND GUIDING PRINCLES: What are we trying to accomplish in the Land Use/Housing Elements? II. REVIEW ADDITIONAL INFORMATION REQUESTED: Key properties by area, possible reclassification III. HOT TOPICS (refer to Hot Topics document) ® Maximum building heights ® Diversity of land use Development allocation Housing Densities Balanced community School impacts Economic Impacts ® Commercial Floor Area Ratio ® Economic Development Plan ® One -Percent for Art ordinance ® OTHER: Open Space, Parks and Trails Specific Properties IST. Compare Task Force/ Administrative Draft/Minority Report recommendations for each Hot Topic G:planning/genplan/public hearing draft/discussion outline 2-14-05 M CUPERTINO PLANNING COMMISSION DECISION MATRHX LAND US OUSHNG ELEMENTS HOT TOPIC DIRECTION ON cCOA4M EIS TS LU-1.- U-110MAXIMUM BUILDING MAXIMUM HEIGHT SPECIAL CENTERS Monta Vista Nelle® Park S. Heart of City Homestead City Center Ne Dc Anza Nelle® Park N. HOT TOPIC C DIREC ION COMMENTS LST -2e DIVERSITY OF LAND USE RESIDENTIAL- DENSITY AND UNITS NON- RESIDENTIAL ALLOCATION City-gide allocation ®f Commercial, Office/ Industrial, Hotel ][dooms and Residential Units SPECIAL CENTERS Manta Vista Val c® Park Se Heart ®f City Homestead CIl Center N. De Aruza -Valllc® Park N. HOT TOPIC DIRECTION COMMENTS LU -3a COMMERCIAL ERCIAIL FLOOR AREA RATIO A l®w FAR is proposed t® encourage mixed .use. It needs t® be changed of nixed use is not allowed. LU -4: ECONOMIC DEVELOPMENT PLAN Draft calls for a ten-year revenue forecast. LU -5: ONE -PERCENT FOR ART ORDINANCE Ordinance would require public and private development t® set aside 1 % ®f total project budget f®r on-site art. HOT TOPIC DIRECTION COMMENTS SPECIFIC Pd30PEIli'g'IJES (LAND USE MAP OTHER TOPICS DIRECTION COMMENTS OPEN SPACE., PARKS AND TRAILS G:planning/genplan/public hearing draft/discussion outline matrix 2-14-05 LAND USE ELEMENT POLICY (Summary) Administrative Draft Task ]Force Draft General Playa Policy 2-110 Diversity of ILand. Use Provide adequate land area for employment, Keep. Slightly modify. Same as Administrative housing, shopping, entertainment, cultural activities, (policy.2-20) Draft. health care, personal services, recreation and open space. Encourage 'rnixed-use development of commercial/ office and housing; Policy 2-20 Heart of the City Coordinate the efforts of private property owners on Modify. Modify Administrative or near Stevens Creek Boulevard to plan and create a Heart of the City will be a Draft. No references to community focal point that expresses the character Special Planning Area with buildings close to street, of Cupertino through a diversity of uses, serving sub -areas (Crossroads, traffic calming or mixed City residents and scaled for pedestrians. Stevens Creek Blvd.) use. (Policies 2-27, 28, 29 POLICY (Sum'' aryl Administrative Drat Task ]Force Draft General Plan Policy 2-30 Development Reallocation Development activity should be controlled so that Modify. Modify Administrative the City street system is not overwhelmed with A new development Draft. Decrease residential traffic and the desired transportation level of service allocation system is units and hotel. rooms, is maintained. To meet the City's goals and proposed. Transportation increase commercial. No priorities, the remaining uncommitted development level of service will not be Task Force consensus on potential that achieves the City's transportation the driving force; LOS goals allocation numbers, so two goals should be reallocated as shown below. Further will be balanced with. other options are offered. adjustments to these allocations may be necessary to City goals. (Policy 2-19) ensure that the City's transportation goals are met. Policy 2-40 Land Use Intensity Regulation by FAR (Policies 2-4 to 2-112 relate to Monta Vista) Regulate land use intensity for properties described Modify. Monta Vista is Modify Administrative in Figure 2-C by a .33 Floor Area Ratio for industrial allocated a base FAR of .15 Draft. Change to .25. and office "activities. Development intensity for other for non-residential uses. non-residential use areas requires a development (Policy 2-24) allocation Policy 2-5. Commercial Blight and Noise intrusion Work to ensure that blight and noise from Modify.The idea is Same as Administrative commercial and industrial' uses do not intrude upon retained and reworded in a Draft. residential neighborhoods. different policy. (Policy2-6 POLICY (Summary), f11dmMistrative Draft Task Force Draft General Plan Policy 2-6o Interconnected Access, Shared ]harking of Individual ]properties Ensure that individual properties developed Keep. Sarre as Administrative independently of surrounding sites have Draft. interconnected pedestrian and vehicle access and shared parking: Policy 2-70 ]Mousing Units Removed Under Eminent Domain Require that housing units removed under. Delete. Same as Administrative eminent domain proceedings be replaced on a Unlikely that housing units Draft. one-for-one basis within the same geographical would be removed by area and that the people who were displaced eminent domain. can afford the units: Policy 2-8o Architectural Barriers Eliminate architectural barriers to pedestrian Delete. Same as Administrative mobility. Not unique to Monta Vista. Draft. Policy 2-90 Residential Street Improvements Maintain a semi -rural appearance with residential Keep. Same as Administrative street improvements. Is consistent with the Monta Draft. Vista Design Guidelines. 3 POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 2-11.00 Neighborhood ]Landscaping Preserve existing_ neighborhood landscaping features Delete. Same as Administrative during redevelopment. ]Emphasize on-site parking Draft. instead of street frontage parking. Policy 2-1111: Mixed -Use Development Allow mixed-use development within the area Keep. Same as Administrative bounded by Granada Avenue, Stevens Creek Blvd., Draft. Orange Avenue and the SP right of way to rely on public parking on Pasadena and. Imperial avenues to meet the off-street parking needs for the con. nercial art of the project. Policy 2-1120 Storefront Appearances Require commercial and office structures to exhibit a Keep. Same as Administrative traditional storefront appearance to the public street. Draft. Require buildings intended initially for office use to , be designed to accommodate future entrances from the sidewalk for retail shops. Do not permit the building to be separated from the public sidewalk by extensive landscaping or changes in elevation. POLICY (Summary) Administrative Draft Task (Force Draft General Plano Policy 2-13: Full Range of Housing Opportunities (The Housing Section of the Land Use Element will be directed more toward neighborhood planning. The Housing ]Element will contain the policies on housing units. Provide for a full range of ownership and rental Delete from Land Use Modify Administrative housing unit densities, including apartments ]Element. Draft. Delete affordable and other high-density housing. Housing element objectives. Modify densities implements this policy (3-1, and. housing locations. 3-2 Policy 2-14: Housing with Other Development Consider housing along with non-residential Keep in concept. The Modify. Opportunities for development, permitting it in addition to the non- mixed-use concept is mixed use are reduced. residential development. reinforced in many policies. Policy 2-15. Scale of Residential Development Ensure that the scale and density of new Keep in concept. Same as Administrative residential development and remodeling is Neighborhood protection is Draft. reasonably compatible with the City's addressed in many policies. predominant ` single-family residential pattern;; except in areas designated for higher density, housing. POLICY (Summary) A dmihiss tra ve Draft Task ]Force Draft General Plan Policy 2-116. Compatibility of Lot Sizes Ensure that zoning requests related to lot size Keep. Same as Administrative consider the need to preserve neighborhood land use (Policy 2-23) Draft. patterns. Policy 2-17o. Housing Variation in the ]Urban Core Encourage variations from the regulations of the Delete. Same as Administrative zoning district for properties in the urban core area Draft. in housing type and increased density, making sure that the development is consistent with the visual character of surrounding buildings. Policy 2-18. Privacy in Site Design Ensure that the site design for a residential project Modify. Same as Administrative has private indoor and outdoor spaces for each unit Refer to higher density Draft. and common outdoor recreation space. projects and only outdoor space.(Policy 2-15 Policy 2-19: ]Neighborhood. Protection Protect residential neighborhoods from noise, Keep. (Policy 2-6) Same as Administrative traffic, light and visually intrusive effects. from Draft. more intense developments with adequate buffering setbacks, landscaping, walls, activity limitations, site design and other appropriate measures. POLICY (Summary) Administrative Draft Task Force Draft General Plate Policy 2-20a Minimizing Privacy Intrusion Keep the sights and sounds of the neighbors from Modify. Included in a Same as Administrative intruding on residents. Techniques can include broader, policy on design Draft. greater building setbacks, wing walls, window " regulations. ' (Policy 2-16) shutters and non -transparent glass. ]Policy 2-210 Designing for Security Use design techniques In new development and Delete. Same as Administrative rehabilitation to increase security and personal Draft. safety and to increase neighborhood awareness. Policy 2-22. Monitoring for Over -Saturation Continue to monitor development activity, fiscal Delete. Same as Administrative effects and development rates to avoid short-term Development allocation Draft. over -saturation of the market. system controls development activity. ]policy 2-23o Conference Facilities The City may enter into a relationship with a hotel/ Delete. Same as Administrative conference facilities developer to encourage such a Hasn't been identified as a Draft. center. current interest. POLICY (Summary) Administrative Draft Task ]Force Draft lan Generalplan Policy 2-240 Urban Focal Points Intensify the focus of urban development in Vallco Keep. Slightly modify.. Modify Administrative Park, North De Anza Boulevard, 'Town Center, and (Policy 2-1, 2-10, 2-13) Draft. Policy 2-1 is Stevens Creek boulevard planning areas, subject to modified to provide design and transportation network controls. limitations. Policy 2-250 ®n -Site .]Environments Emphasize attractive, on-site environments during Keep. (Policy 2-14) Same as Administrative the development review process by giving careful Draft. attention to building scale and mass, landscaping, placement,screening of equipment and loading areas and related design considerations. Policy 2-26: Public ®peg. Space Development Encourage' development of residential and public Delete. Same as Administrative open spaces on lands next to major streets to give a Draft. .balanced variety of land uses, to increase the housing supply and to break current or potential strip development patterns. Policy 2-27o Community Gateways 8 POLICY (Summary) ANDD inistraativeraft Task ]Farce Draft General Plan . Policy 2-28: Curb Cents Minimize the number of driveway openings, or curb Keep. (Policy 4-8) Modify Administrative cuts, in each development. Draft. Add that driveway must accommodate traffic volume and clarify maintenance responsibilities. Policy 2-29: Street Improvement Planning Plan street improvements such as curb cuts, Keep. Move to Circulation Same as Administrative sidewalks, bus stop turnouts, bus shelters, light Element. (Policy 4-9) Draft. poles, benches and trash containers as an integral part of a project to ensure safe movement of people and vehicles with the least possible disruption to the streetscape Policy 2-30o Parking Area Layout Include clearly defined spaces for pedestrians in Keep. Move to Circulation Same as Administrative parking lots so that foot traffic is separated from the Element. (Policy 4-10) Draft. hazards of car traffic and people are directed from their cars to building entries. POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 2-31: Boullevard. (Landscaping Setback require properties fronting North De Anza Keep. (Policy 2733) Boulevard to provide a landscaped front setback of 50 feet from the face of the curb, excluding parking lots. Policy 2-320 Roadway Design to Offset Barriers Encourage using design techniques and Modify. The Circulation Modify Administrative development controls to offset the divisive barrier Element has several policies Draft. Delete reference to effects of major roadways. related to this concept. reduction of lanes. Polic 4-5, Strategy 1 I [POKY (Summary) Administrative Draft General Plan Task ]Force Draft Policy 2-33- Neighborhood Gateways Define neighborhood entries through. architecture, Modify. Generalize the Same as Administrative landscaping, or land forms appropriate to the formal fence exception findings. Draft. or rural character of the neighborhood. Vehicular Move to neighborhoods electronic security gates should be discouraged, section. i (Policy 2-21, because they isolate developments. However, if Strategy 4) electronic security gates are proposed, a fence` exception application is required, and approval shall be based on meeting at least one of the following criteria, and the fence exception findings: Is a mixed-use development, where the parking for different uses needs to be separate to assure availability of parking for each use. © ,'Includes a below -grade parking structure where the gates' are required to secure the below -grade parking. ® Requires_ gates to obtain federal or state funding. ® Thedevelopment is secluded. ® ` The 'electronic gates are needed for demonstrated security reasons.' POLICY (Summary) Administrative Draft Task ]Force Draft cGeneraal pl ana ]Policy 2-340 Neighborhood Traffic Pattern Investigation Investigate neighborhood traffic patterns Kew. Move to Circulation Same as Administrative comprehensively and find solutions to protect ]Element. (Policies 4-11 and Draft. neighborhood streets from through -traffic spillover. 4-12) Policy 2-350 Foothill Development Apply a slope -density formula to very low -intensity Modify.' Since many of the Same as Administrative residential development in the hillsides. Density hillside policies have been Draft. shall be calculated based on the foothill modified, implemented, they are foothill modified 1/2 acre, and the 5-20 acre slope consolidated into fewer density formulae. Actual lot sizes and development policies. (Policy 2-44, areas will be determined through zoning ordinances, Strategy 2) clustering and identification of significant natural features. Policy 2-36° Special Hillside Protection Area The 5-20 acre slope density designation shall provide Modify. Is consolidated Same as Administrative special hillside protection to form a continuous_ open into fewer policies. (Policy Draft. space/very low density buffer west of the existing 2-44, Strategy 2) urban/ suburban development pattern. The area shall include the Kaiser property, the Diocese property, Regnart Canyon area, Inspiration Heights area and other similar' properties: POLICY (Summary) Administrative Draft Task (Force Draft General Plan Policy 2-37: Previously Designated. Very (Low Density. Semi -Rural 5 -Acre Properties previously, designated Very Low -Density Keep. (Policy 2-45) Same as Administrative Residential: Semi -Rural 5 -Acre Slope Density Draft. Formula as described in the amendment to the 1976 General Plan concerning the land use element for the hillside area may be subdivided utilizing that formula. Properties previously subdivided in conformance with the Very Low -Density Residential: Sethi -Rural 5 -Acre Slope Density Formula have no further subdivision potential for residential purposes. Policy 2-38: Rezoning in Inspiration Heights Rezone the shaded area shown in Figure 2-P from Delete. Rezoning Same as Administrative Rl-10 to RHS. completed. Draft. 13 POLICY (Summary)'Administrative Draft Task ]Force Draft ((pe1laeral 'Plag Policy 2-39: Existing legal lois in foothill modified and foothill modified 1/2 -acre slope density designations. Existing, vacant legal lots are not considered. 'Modify. Is consolidated Same as Administrative buildable in the foothill modified and foothill into fewer policies. (Policy Draft. modified 1/2 -acre slope density designations if they 2-46) are substandard in lot size. They are also considered unbuildable if development is proposed on slopes greater than 30%, or on any other areas where studies have determined the presence of.health and safety problems; this also applies to lots in any R-1 zoning district in the City. An exception process will be created for an applicant to seek discretionary approval for an unbuildable parcel. Policy 2-40: Diocese Property Protection Apply all hillside protection policies to the Diocese Delete. Property is Same as Administrative Property, and specifically protect the prominent developed. (Policy 2-35 has Draft. knoll on the northeast side of the property and the specific Oak Valley steep, wooded southwest corner of the property. policies). 14 POLICY (Summary) Administrative Draft Task Force Draft General Plait Policy 2-41: Urban Service Area Boundary/Long 'Verna Growth ]boundary, The current urban service area boundary is Modify. (Policy 2-9) Same as Administrative coterminous with the long term growth boundary. Draft. The intent of this policy is to limit future development to lands within the existing urban service area: The current urban service area shall not be expanded, except for minor revisions. in the boundary between Cupertino and adjacent cities, and involving only urbanized, valley floor locations. ` The long term growth boundary provides services within the boundary.for the next 20-30 years. Policy 2-42: Clustering Development in Major Subdivisions Lots in major subdivisions in the 5-20 acre slope Keep. (Policy 2-47) Same as Administrative density designation shall be clustered, reserving 90% Draft. of the land in private open space to protect the ` unique characteristics of the hillsides from adverse environmental impacts. The project shall keep the open space area contiguous as much as possible. 15 POLICY (Summary) :Administrative Draft Task Force Draft General Plan 'Policy 2-41 Private Open Space Zoning Establish a private open space zoning district which Delete. The private open Same as Administrative would allow an owner to designate portions of his space zoning district was Draft. property for open space with provisions for trail established. easements, maintenance standards and other items consistent with preserving the property in its natural state while retaining it in private ownership. Policy 2-44: Clustering Development in Minor ,. Subdivisions Encourage clustering of development for.minor Deep. (Policy 2-47) Same as Administrative Subdivisions. in the 5-20 acre slope density Draft. designation. Encourage reserving and dedicating 90% of the land in private open space to protect the unique characteristics of the hillsides from adverse environmental impacts. The project shall keep the open space contiguous as much as possible. Policy 2-450 Hillside Building Standards Establish stricter, building and development Modify. Is consolidated Same as Administrative standards for the hillside area which, among other into fewer policies. (Policy Draft. things, would provide that views of the ridgelines 2-44) remain unobstructed and that designs, colors and materials for homes and other structures blend with the natural hillside environment. � j 1 POLICY (Summary) Administrative Draft Task Force Draft Generalplan Policy 2460 lRidgeline Visibility No structures shall be located on ridgelines if visible Modify. is consolidated Same as Administrative from new and established valley floor vantage points into fewer policies. (Policy Draft. unless it is determined that significantly greater 2-44) environmental impacts would occur if structures are located; elsewhere. Policy 2-450 ]Location of Structures Locate proposed structures to minimize the impacts Keep. (Policy 2-49) Same as Administrative on adjacent hillside properties and public open Draft. space. Policy 2.48: Avoidance of Geologic Hazards Identify geological hazards on sites proposed for Modify. Is ,consolidated Same as Administrative development and avoid or limit development in into. fewer policies. (Policy Draft. those areas. 2-4 Policy 2-49e Reducing Visible Mass Effective visible mass shall be reduced through such Modify. Is consolidated Same as Administrative means as stepping structures down the hillside, into fewer, policies. (Policy Draft. following the natural contours, and limiting the 2-44) height and mass of the wall plan facing the valley floor. POLICY (Summary) Administrative Draft Task ]Force Draft Generali Plan Policy 2-50: Outdoor ]Lighting Outdoor lighting should be low intensity and Modify. Is consolidated Same as Administrative shielded to minimize illumination off-site. into fewer policies. (Policy Draft. 2-44 Policy 2-51: ` Building Heights Provide development standards which limit the Modify. Is consolidated Same as Administrative height and visual impact of structures. into fewer policies. (Policy Draft. 2-44 Policy 2-52: Steep Slopes No structures or improvements shall occur on slopes Keep. (Policy 2-46) , Same as Administrative greater than 30 % unless an exception is granted. Draft. Policy 2-53o Rural Improvement Standards in the Foothills Require rural improvement standards in the Keep. (Policy 2-48) Same as Administrative residential hillside zoning ordinance and the hillside Draft. subdivision regulations to preserve the rural character of the hillside. POLICY (Summary) Adininistradve Draft Task ]Force Draft General Plate Policy 2-54: Views for Public Facilities s Design and lay out public facilities, particularly ' beep. (Policy 2-49) ' Same as Administrative publicopen spaces, so they include views of the Draft. foothills or other nearby natural features, and plan hillside developments to minimize visual and other impacts on adjacent public open space. Policy 2-550 Hillside Development Proposal Analysis Subject proposals for hillside development to prior. Delete. Geological review is Modify Administrative investigation by professional consultants so that called for in the Health and Draft. (See page 6-7) environmental dangers can be noted and solutions Safety Element. (Policy 6-1) suggested to lessen potential hazards. Policy 2-560 ]Land Disturbance During Development Be sure that natural land forms and significant plants Keep. (Policy 2-48) Same as Administrative and trees are disturbed as little as possible during Draft. development. All cut and fill shall be rounded to natural contours and planted with natural landscaping. POLICY (Summary) Administrative istralive Draft Task Force Drat General ]plan 'Policy 2-57o Santa Clara County General Flan Hillsides policies found in the Santa Clara County keep. (Policy 2-50) Same as Administrative General Plan in effect in 1992 are included in the Draft. Cupertino General Ilan by reference and are applicable to the unincorporated hillside area. These policies are incorporated because they are consistent with hillside protection goals. If changes are proposed in the County plan which are inconsistent with the City's hillside protection goals, then the City should protest those changes as well as not incorporate them into the City's General Plan. Policy 2-58: County Development County development, particularly if located near Keep. (Policy 2-51) Same as Administrative Cupertino's urban fringe area, should `consider Draft. Cupertino's General Plan. Policy 2-59: ]Long Term Growth Boundary Modification to the long term growth boundary is Keep. Slightly modify. Same as Administrative allowed only in conjunction with a comprehensive (Policy 2-9) Draft. review of the city's General Plan. Revisions to the long term growth boundary will be referred to the County of Santa Clara for review and comment. 20 POLICY (Summary) Administrative Draft Task Force Draft General Ilan Policy 2-600 ]Existing Uses in the Flood Plain Allow commercial and recreational uses which are Keep:Move to Health and Same as Administrative now exclusively within the flood plain to remain in Safety. (Policy 6-43) Draft. their present use or to be used for agriculture. ]policy 2-6710 Non -Recreational Property t® Residential Designate non -recreational properties to become Delete. Same as Administrative residential with up to five units allowed under these' Draft. conditions: a. Forbid structures designed for forced human habitation, such as dwelling units, in the natural flood plain. The natural flood plain is defined by the General Plan based on data from the Santa Clara Valley Water District. Unfenced volleyball courts, picnic tables and similar recreational uses may be constructed within the natural flood plain. b. Base the maximum number of dwelling units allowed on each property or group of properties on the numerical designation range on the General Plan Map. Land in the flood plain can be credited in an amount not to exceed one dwelling unit per gross acre to determine the number of dwelling units on each property or group of properties consolidated into one 21 development plan. If part of the parcel is outside the flood plain, the maximum density will be six dwelling units for each gross acre. This policy makes it impossible for relatively small parcel to get a high density status as a result of one dwelling unit per, acre density creditfrom a relatively large area within the flood plain. The total number of units allowed will be based on the ability of the applicant and designer to integrate the development into the natural environment of Stevens Creek and the adjacent residential neighborhoods. c. Require residential development plans to incorporate the ` Stevens Creek , trail described in the public parks section of the General Plan. Policy 2-620 ]Land In Natural Flood Plain Allow public and quasi -public land in the natural Delete. Same as Administrative flood plain after review of a specific zoning or use Draft. permit application. Policy 2-63o Solar.Access and Protection Ensure that all homes have an acceptable balance of Keep. Is a strategy in Modify Administrative access to the sun and protection from it, as well, as ]Environmental Resources _ Draft. (Strategies are control of prevailing winds. Element. (Policy 5-2) modified) POLICY (Summary) Administrative ]gran Task ]Force Draft General Ilan Policy 2-64: Planning for Schools Recognize the financial impact of increased Keep. (Policy 2-52) development on the school districts' ability to provide staff and facilities. Work with the districts to assure that the continued high level of school services can be provided prior to granting approval for new development. Policy 2-650 Busing Access to the Hillsides. If busing continues, encourage district staff to Delete. Same as Administrative become more involved in hillside roadway design to Draft. meet the minimum standards required for busing access: Policy 2-66o Pedestrian Access Create pedestrian access between new subdivisions Keep. (Policy 2-2) Same as Administrative and school sites. Draft. i 23 POLICY (SUMmary) Administrative Draft Task Force Draft General Policy 2-67: Permit Data for Schools Continue to provide school districts with building Delete. Schools are Same as Administrative permit data, which will enable the Districts to record informed of city Draft. the type of construction, location and their square development through footage to plan for future schooling needs. general plan amendments, subdivisions and school fees collected for new development. Policy 2-68: De Anza College Allow land uses not traditionally considered part of Modify. Encourage, Same as Administrative a college, such as lodging or conference facilities and, commercial and residential Draft. institutional office and research facilities, to be built use and relating buildings at De Anza College. Final determination of the to the street. (Policy 2-37) intensity, character and ultimate desirability will be evaluated with regard to the effects on traffic and the consistency with the college's educational nature. Policy: 2-69a Library Service Level Recognize that if the community desires a higher Keep. The new library is Same as Administrative level of library service, that this would require acknowledged. (Policy 2- Draft. cooperation between the County of Santa Clara and 55) City of Cupertino in expanding library services and facilities if deemed necessary. 24 POLICY (Summary) A1dmMistr adve Draft , Task ]force Draft General l Plaan Policy 2-700 ]Library Planning Integrate and coordinate the library system into all keep. (Policy 2-56) Same as Administrative applicable General Plan policies, such as Draft. transportation, pedestrian and bike trails. Policy 2-71: Improving 1Library Service Encourage the library to incorporate new technology Keep. (Policy 2-57) Same as Administrative to improve service levels at the library system. Draft. Encourage the adjustment of library collections and Keep. (Policy 2-57) Same as Administrative programs to meet the needs of Cupertino residents; Draft. businesses and ethnic populations. policy 2-72: Library Expansion Actively seek methods to increase library facilities. Delete. Same as Administrative Draft. Policy 2-73. Landmark Rehabilitation Undertake an active partnership with private owners Keep. (Policy 2-58) Same as Administrative of landmark structures to rehabilitate the buildings Draft. for public or ser ii-private occupancy and retain their historic character. POLICY (Summary) Administrative Draft Task Force Draft Genera l Pl an ]policy 2-740 Archaeologically Sensitive Areas For development sites in areas likely to be Deep. (Policy 2-59) Same as Administrative archaeologically sensitive, such as along stream Draft. courses and in oak groves, the City development review process should require a specific investigation to determine if significant archaeological resources may be affected by the project, and should also require appropriate mitigation measures in the project design. Policy 2-750 Native American Burials Recognize that Native American burials may be Deep. (Policy 2-60) Same as Administrative uncovered in unexpected locations and that State Draft. law prescribes the appropriate actions to take upon discovery of such burials during construction, including stoppage of work in surrounding area, notification of appropriate authorities and reburial of remains in an appropriate manner. policy 2-760 Heritage Frees Protect and maintain heritage trees in a healthy state. keep. (Policy 2-61) Same as Administrative A heritage tree list shall be established and < Draft. periodically revised to include trees of importance to the community. POLICY CY (Summary) Administrative istrative Draft Task Force Draf� General Plan Policy 2-770" Public Arts Stimulate opportunities for the arts through Keep. A strategy is Same as Administrative cooperative relations between local business and the proposed that a 1 % public Draft. City. art fee be set aside for new development.(Policy 2-62) Policy 2-78. Boundaries ]between ]Land Uses Base boundaries between land use classifications . beep. (Policy 2-82) Same as Administrative generally upon lot lines of established land use Draft. activities, public, streets, and constructed or natural physical barriers or a combination of any of these. Show the precise boundary on the zoning map. Policy 2-79. Residential Density Ranges on the Map Recognize that residential density ranges on the Keep. (Policy 2-83) Same as Administrative General flan Map and its legend show the desired Draft. development intensity for a general area. Also recognize that the actual gross dwelling unit density may be slightly different if the properties reflect the general development character of neighboring properties. 27 P®ILICY (Summary) Administrative Draft ' Task Force Draft General Plate Policy 2-80o Public and Quasi -Public Activities and Land Allow public and quasi -public activities to be located Already deleted. Proposed Same as Administrative within any land use designation in the General Plan General Plan includes a Draft. upon zoning review approval to ensure modification of this policy. compatibility, with the surrounding neighborhood (Policy, 2-84) and the street and utility system capacity. Allow residential land uses in areas designated for quasi - public uses with appropriate zoning changes. Policy 2-811. Closed School Site Use Designate all public school sites for public use Deep. Slightly modify. Same as Administrative provided that schools that are closed may be used (Policy 2-85) Draft. for quasi -public or institutional activities or both, or for housing. The dwelling unit intensity and development pattern shall reflect the character of the surrounding residential districts. The future of unused school sites shall also reflect the park acquisition program in the Environmental Resources Element. 28 POLICY (Summary) Administrative Draft Task Force Draft General Hann Policy 2-820 New Drive -Up Services Permit new drive -up service facilities for Keep. Slightly modify. Same as Administrative commercial, industrial or institutional use only when (Policy 2-86) Draft. adequate circulation, parking, noise control, architecture features, and landscaping are compatible with the visual character of the surrounding uses and residential areas are adequately buffered. Further evaluate any proposed site for conformance with other goals and policies of the Plan. Pollicy 2-83. ]Late -Evening Entertainment Activities Discourage late -evening entertainment activities Keep. Slightly modify. ` Same as Administrative such as cocktail lounges, recreational facilities and (Policy 2-87) Draft. theaters in the relatively narrow depth of Stevens Creek Boulevard properties, but encourage there in Town Center, Vallco Park and other large properties that are isolated from residential districts and can provide internal security. 29 Citi of Cupertino DRAFT Land Use Map Legend - - - - Special Center Boundaries — Urban Service Area ® Sphere of influence — Creeks Residential Land Use Designations Very Low Density (5-20 Acre Slope Density Formula) Very Low Density (1/2 Acre Slope Density Formula) Very Low Density (Slope Density Formula) 0 Low Density (15 DU/Gr. Ac.) Low Density (1-7 DU/Gr. Ac.) Rancho Rinconada Low/ Medium Density (5.10 DU/Gr. Ac.) Medium / High Density (10-20 DU/Gr. Ac.) High Density (20-35 DU/Gr. Ac.) Non -Residential Land Use Designations 0 Commercial / Office / Residential 0 Commercial / Residential Office / Industrial / Commercial / Residential Industrial / Residential 0 Public Facilities 0 Quasi -Public / Institutional ® Quasi -Public/ Institutional Overlay Parks and Open Space 0 Riparian Corridor 0 Transportation Monta Vista Land Use Designations Residential (044 DU/Gr. Ac.) 0 Residential (4.4-77 DU/Gr. Ac.) Residential(4.4-12DU/Gr.Ac.) Neighborhood Commercial / Residential N 1'.0 500 0 1A0 1A00 Feet Prepared by the Community Development Department Created: January 6, 2003 ' Ci Updated: January 5, 2005 G 1 S CITY OF CUPERTINO 103M Torre Avenue Cupertino, CA 95014 CITY OF CUPERTINO PLANNING COMMISSION APPROVED MINUTES 6:45 P.M. FEBRUARY 14,2005 MONDAY CUPERTINO COMMUNITY HALL The Planning Commission adjourned meeting of February 14, 2005 was called to order at 6:45p.m in the Cupertino Community Hall, 10350 Torre Avenue, Cupertino, California, by Chairperson Gilbert Wong, and the following proceedings were had to wit: ROLL CALL Commissioners present: Chairperson Vice Chairperson Commissioner Commissioner Commissioner Gilbert Wong Marty Miller Angela Chen Lisa Giefer Taghi Saadati Staff present: Community Development Steve Piasecki Director City Planner Ciddy Wordell APPROVAL OF MINUTES: None WRITTEN COMMUNICATIONS: None POSTPONEMENTS/REMOVAL FROM CALENDAR: None ORAL COMMUNICATIONS: None CONSENT CALENDAR: None PUBLIC HEARING: 1. General Plan public hearing to discuss Land Use and Housing Chair Wong: • Explained that the Planning Commission will be making recommendations based on staffs report Planning Commission General Plan 2 Special Meeting February 14, 2005 Housing and Land Use Ciddy Wordell, City Planner. • There have been three or four meetings on the subject of Land Use and Housing in terms of public hearings, and the Commission decided it would be breaking after the major elements to see if some things could be wrapped up and preliminary decisions made • The Environmental Impact Report still needs to be reviewed, so there may be some things that the Commission may not be ready to make decisions on — such as the residential buildout — until it has looked at traffic or school impacts • The first topic of discussion is the vision and goals • The next subject is the possible reclassification of some properties • The remainder of the discussion will be on the "hot topics' Commissioners have received materials on in the past Steve Piasecki, Director of Community Development: • The slide being shown is the "How to Build Community" slide which was obtained from a nonprofit organization • "How to Build Community" talks about fundamental concepts such as getting to your neighbors, being more visible in the community, and helping out • What I want to emphasize in the concept of the General Plan is that it all needs to tie together. The concept is that a General Plan works toward some end • The programs that the General Plan outlines should be aspiring toward some end product • We've put together a vision, and the General Plan Task Force endorsed the concept of being a "balanced" community, being accessible with hillsides, creeks, quiet attractive residential neighborhoods, exemplary parks and schools, a vibrant mixed-use heart of the city and that the city will be safe, friendly, connected, walkable and inclusive for all residents with ample places for people to interact and recreate • Each of these words means something when we look at a statement like this—"balanced" needs to be defined. What do we mean by "balanced"? What do we mean by "vibrant heart of the city", etc. • When we talk about being "connected", well discuss trails and sidewalks and connections through projects that knit and tie things together • "Walkable" is a nice word, but what does it really mean? Many of our streets don't feel comfortable to walk on. They're too fast. Sidewalks are too close to the travel lanes Planning Commission General Plan 3 Special Meeting February 14, 2005 Housing and Land Use When you think about the General Plan and what you are putting together, you need to think about how Cupertino is going to be different after implementation of the plan • After 20 years of implementing its policies and goals, what is going to look different? • I put in "Building a Cohesive, Balanced Community." This summarizes the vision statement we went through • We know what "community" means — people interacting in one fashion or another, usually revolving around a common interest, such as soccer fields, schools, work and active retail • When we think of this interaction it usually goes back to what we identify as "small town" characteristics • Those are concepts that link us as a community with common interests revolving around our families, our children, ourselves, people of all classes and all ages • We need to need to be more comprehensive in our thought process. It seems that often the number one priority is to race around this community. When I go down Stevens Creek Boulevard and see people in wheelchairs or walkers trying to navigate around the city, I realize that people are unconscious of the needs of an elderly person trying cross a major street. We need to be conscious of all of our community if we are going to aspire to the concept of being inclusive and being connected as a community • It is very important for all people in the community to feel the sense of "I belong here and I'm welcome here." • This may be at the expense of other objectives, and it will be the job of the Planning Commission to recommend to the City Council where that balancing act is • I would say emphatically that we have stressed moving around fast as one of our top priorities for too long. If you look at the communities that we hold up as being models, whether it be Los Gatos or Los Altos, they are not talking about moving around fast as their top priority • "Small town characteristics" would be more inclusive --less divisive, more transparent-- less closed, more externalized—less turned inward, safe and open—not closed • Some of the divisive characteristics of our community are wide and/or fast streets, gated developments that signal exclusivity to the rest of us, and inwardly oriented buildings that do not participate in the community • Examples of some of the "closed" forms we have: De Anza College —as wonderful as De Anza College is, it is a parking moat. It is a sea of parking around a wonderful campus. There are 26,000 students — not Planning Commission General Plan 4 Special Meeting Febnmy 14, 2005 Housing and Land Use all from our community— and we need to externalize those activities so they become integral to the community • Many people may not like the look of the University of California at Berkeley, but it is an example of an externalized campus. You see those students. They are all over the place • Apple Computer is a wonderful corporate citizen in our community, with again, a parking moat around it • Vallco Fashion Park has a closed building wall that closes it off. Fortunately, they are changing Vallco. They are talking about a cinema and ground -level retail on both sides of Wolfe Road, creating a mini- version of a Santana Row that is externalized. That is what we should be working toward as a community • Hewlett Packard is a corporate citizen that has a beautiful landscaped moat—one of the best around—but, nevertheless, you cant see in. But, if we have to have the evils of exclusivity, maybe green is better than gray parking lots • Why doesn't "closed" work? There is less interaction, less community benefit—if you can't see it, you cant interact with it • An example of an "open" form is Seven Springs Ranch, which was developed with palms right on the Rainbow frontage. It was a conscious decision not to close off that development • Cali Mill Plaza is an open, visible plaza that can be seen into and it embraces the buildings around it • With Travigne, along Blaney and Stevens Creek frontages, there are porches and stoops and frontage retail • Monte Vista, with Imperial, Pasadena and Stevens Creek frontages, there is again active retail engaging the street • I want to stress the importance of having a vision, and interpreting what the words in the vision statement mean. This General Plan gives the Commission and the City Council the opportunity to transform Cupertino in a very positive direction ---one that builds community Ms. Wordell: • You (the commission) had indicated an interest in discussing the goals and you may want to do that before you get into particulars Chair Wong. • I would rather hear the whole staff report first Planning Commission General Plan 5 Special Meeting February 14, 2005 Housing and Land Use Ms. Wordell: • The Planning Commission got a handout this evening on the properties that could be subject to reclassification. There is a memo on top and a map underneath. It is called "Reclassification Criteria Matrix" • The Commission asked to look at properties that might be converted to residential or mixed-use. One of the reasons is that, if they are not competing in the marketplace, it might be good to look at whether there are other uses that they would be better for • If you want to do that, there might be some criteria to use in your consideration • We have taken half a dozen or so areas and outlined them on the map as far as areas that could have either residential in combination with other uses or strictly residential. • On the map, at the right, there is an area along Tantau, north of 280 that is outlined in red. This area is currently Industrial/ Office and there has been a fair number of vacancies there and a number of inquiries about converting some of those properties to residential uses • The next area is the south Vallco area, outlined in green. This area is designated as mixed-use • The Vallco area to the west of that is outlined in blue. That should primarily be a commercial area and it could have some mixed-use. For instance, Vallco was interested in having some residential up near 280 • Just to the east of that area, on Stevens Creek, mixed-use or residential for some of the properties south of Stevens Creek Boulevard • The central Stevens Creek Boulevard area is outlined in a bright green. It has the same category ---mixed-use or residential, and that is because if you go to the main part of Stevens Creek Boulevard, outlined in blue, again it is primarily commercial, with some mixed-use, but not exclusively residential. The same would be true for the Oaks further to the west • Going down to Bubb Road, that is possibly office or residential • Going down to south De Anza, we are calling that mixed-use • At Homestead, north of 280, it is designated mixed-use. We're not saying it is primarily commercial with residential —it could be a genuine mixed use • The classification criteria is criteria you might use if you were considering changing either a property or an area to something other than a non-residential use, such as: Is there a critical mass of those kinds of uses that would make it able to operate and stand alone? • The next criteria are "self-contained and cohesive".' It integrates well as far as design goes, it is vacant or underutilized, provides a quality living environment, has available community services and is not a Planning Commission General Plan 6 Special Meeting February 14, 2005 Housing and Land Use significant sales or user tax producer, or if it is, loss of revenue can be mitigating • The current Land Use element of the General Plan does allow residential in all of the land use categories, so if you wanted to maintain the status quo, you could really just leave it as it is and know that residential is allowed everywhere. It might require rezoning if someone came in with residential, but you would not need to change the General Plan • If you want to make it more explicit, you could identify certain areas that you specifically want to have designated uses. For example, Stevens Creek Boulevard is just Commercial/Office/Residential, so you don't necessarily know which uses you want and where. You could get a little more fine-grained than what we currently have. • You could also do it with an overlay. You could say, "Commercial is allowed, but you could do a residential overlay to say this an area we would also consider residential" • The finest grain you could go would be to identify specific parcels, which we haven't done here. One of the problems with that, is that, if you do that you are really being very directive to a property owner saying that the market may not say that this area should be commercial, but it will be commercial whether the market says so or not. This does not allow flexibility. Vice Chair Miller: • I would like to discuss individual properties • In looking around town, I've noticed a number of empty buildings. One of our objectives in reviewing the General Plan is to look at areas in town that are working and areas that are not working • Where things are now working, this is an opportunity to re -define the use or rezone, only if appropriate, to make it work better for the City • If we start with the Measurex property, it seems that it is not working that well as an industrial property, and it could potentially be another use • One of the other issues is that there always seems to be an over- abundance of jobs and an under -abundance of housing. To look for opportunities to change that balance is an advantage to the City • If some of that area were reduced in terms of its industrial use, it would reduce the job count. If it were changed to a housing component, that would benefit us in two ways • That is an area of town that is close to Monta Vista High School and could potentially impact the school, but there are a lot of residential Planning Commission General Plan 7 Special Meeting Febniaiy 14, 2005 Housing and Land Use projects that might work—for example, a senior project might be appropriate for that site • My thought is to look at opportunities to be creative in doing something with these properties that might be of more benefit than their current uses • In the staff report, Ciddy mentioned that there is an area along Tantau, outlined in red, which also tends to be generally vacant. That is an area that is at the edge of the City, and if we were to do some other type of development in that area, such as a housing development, it would have minimal impact on the rest of the City, but might serve some of our housing needs • Edge areas are potential areas for developing housing • Los Altos, to meet their affordability housing needs, put one at the intersection of Homestead and Foothill, which is right at the edge of Cupertino and Los Altos • I'm sure the motivation was to keep it in Los Altos, but to keep it as far away from the center of town as possible • I also noticed that those structures are 4 stories —one story of parking, with 3 stories of housing over it • One issue is to make sure we are in good stead with ABAG, and I think the numbers we are talking about in any of the plans meet the ABAG numbers, but we are falling short in our affordability component in housing • When we did the city-wide survey, that was something that reached the top of the list in terms of what citizens would like to see us address • Looking for areas where we can put more affordable housing is a worthwhile exercise • In order for housing to be more affordable, it has to be higher density, and we are looking for places in town that have a minimal impact on our residential areas, but can allow us to increase the density to a point where we can make the housing affordable • In the current General Plan, it seems that the objective was to get more housing, and we changed our formulas for commercial in order to create incentives to build more housing. Now it seems that the situation is almost reversed. Almost everyone in town agrees that we want more commercial, but there is a lot of disagreement on how much more housing we want • Maybe we should be looking at doing the reverse —offering to allow people to have housing in return for more commercial, which everybody wants Planning Commission General Plan 8 Special Meeting Febnmry 14, 2005 Housing and Land Use Chair Wong. • I want to protect the industrial area we have in north Vallco, Bubb Road and North De Anza. Some of the spaces are under-utilized, but if we build houses in our industrial area, when the economy picks up, where will we put the future businesses in Cupertino? • Vallco south is the most perfect example of where we can put high density housing, as well as retail • Monta Vista is already impacted with traffic, so putting more housing in the Bubb Road/ Measurex area would add to it. We haven't gotten the full EIR, so I would need to see that before I can make further comments Vice Chair Miller: • I don't think I am in disagreement with Gilbert's (Chair Wong) opinion about North De Anza. When I look at the North De Anza area, one of our prime revenue generators is Apple Computer. We should be supportive of Apple, as long as that support doesn't conflict with other goals in the City • It's clear that Apple is being very successful with their ipod, and they are taking up space in a lot of vacant space in the vicinity. It is clear they need more space in order to expand • In our current General Plan, that area is zoned for mixed-use, including housing. From my standpoint, it doesn't make sense to put housing on an internal, closed campus. That should probably be rezoned and the housing component taken out of that place. That would allow Apple to expand and increase the sales taxes that they give to the City Chair Wong: • Regarding the north Vallco area, along Tantau Road—this is the first time I have seen staff's suggestion to potentially look into building housing on the edge where it goes into residential Santa Clara, as well as, the new Kaiser Hospital • By opening that "Pandora's Box", we would be losing more industrial area in Cupertino. My concern is to protect that industrial park Vice Chair MiIler: • We do differ there. I think the issue is that the more industrial we put in, the further we get from a balanced community • I spent the weekend reading studies on how to get balance in a community and how to reduce traffic. Interestingly, there is a strong argument that when you increase the density and you provide balance, you actually reduce traffic Planning Commission General Plan 9 Special Meeting February 14, 2005 Housing and Land Use • If you can encourage people to live in the community that they work in, people don't have to commute from outside the community and the traffic level is reduced • We already have centers of job density, and if we had centers of higher density housing in the City, it would become appropriate to have a bus system—perhaps a commute bus system that is funded by the local companies—that facilitates people moving around the City without increasing the traffic internally Director Piasecki: • Our current General Plan has offered housing just about everywhere, and has largely been market-driven. If the market says housing is the thing to do, they will put housing just about anywhere they can • It is our job to scrutinize that. Many people in the community get upset or agitated, because it might not seem like a logical place to put housing. It will impact the school, it will take away some opportunities for office or industrial • I think what Commissioner Miller is suggesting is that maybe we can be more strategic about identifying specific sites • This is not a staff recommendation so much as an approach, given the interest that the Commissioners have raised, where you might say, "Well, if you take the edge properties, those may be the ones that are most potentially connected to existing residential neighborhoods where the services exist." You don't let it be solely market driven • As part of an economic development strategy, we might want to allow a little more housing, if it accomplishes community objectives. By that I mean, housing may be an economic engine to drive better, higher quality commercial • You have to answer the question: To what end does the office or industrial serve community needs? • You can argue that we have some "Class A" Apple, HP type corporate citizens that are major contributors to the community. Then there are a lot of others that aren't contributing, and never have, and probably never will • Then the question is to what end are we preserving this ability to continue this use which isn't contributing much to our vision of more cohesiveness and smaller town qualities • We need to find a better way to finance what we do. We can no longer rely on the old mechanisms • Another strategy with housing might be to decide that it is an economic engine to drive some of the objective we have — such as the Rosebowl site where you have several hundred units driving 140,000 square feet Planning Commission General Plan 10 Special Meeting Febniary 14, 2005 Housing and Land Use of retail, plus a cinema, which will hopefully reinvigorate that whole shopping center • Similarly, we might want to keep ourselves whole in terms of the cost to serve, so we might ask for an in -lieu fee to help us do that. The schools might also need an in -lieu fee, as well • The reason that staff continues to endorse the concept of mixed-use is that it is a very powerful market force today • We are seeing a change in the type of housing that new and upcoming families desire. They can't afford the traditional single-family home, so they are seeking other alternatives such as condos or townhouses in mixed-use projects, because they are more affordable • This should be working toward community ends — it should be "village -y", it should be connected, it should be obviously integrated into the fabric of our community. If it were residential today and office tomorrow, I would make the same argument for office tomorrow— maybe office tomorrow can be used to build a better community for Cupertino Commissioner Giefer: • Since Measurex has come up, I wanted to share a conversation I had with Rick Burgess, assistant superintendent of CUSD. This is for the Commission's knowledge. The Measurex site is across the street from Lincoln Elementary School. Kennedy and Monta Vista would be the middle and high schools. Lincoln is maxed out. They don't anticipate having any more room at that school for the next decade, given the current residential count in the neighborhood and the amount of children they are projecting to move forward. When we look at reclassifying or rezoning, we need to look at everything that goes into that • A senior project might work there, if in fact, that site is not producing tax revenue for the City • If we put in single-family homes or high-density homes that produce children for the school, they are going to be going to school at Stevens Creek Elementary School, which is not close. They would not be able to walk to school. • As we consider rezoning, we need to look at the holistic impact of what our actions may be producing Director Piasecki: • I want to stress that the current General Plan allows residential on that site, so if you're rezoning, you're rezoning away from that Planning Commission General Plan 11 Special Meeting February 14, 2005 Housing and Land Use Chair Wong: • Lisa (Commissioner Giefer) brought up a good point. I agree with her and I'm also concerned about the traffic impact. I know there was a proposed plan for some kind of housing at Memorex. There was a proposal to send the students to another school site. They would be sent to Stevens Creek (Elementary), split between the new middle school and Cupertino Middle School and then to Homestead High School. That is not really building a community • Commissioner Miller had a good point that a senior complex would be a good project, but we can't tell property owners what they can or cannot build. Until we see the Environmental Impact Report, we can't make a decision Vice Chair Miller: • Is there some way we can encourage a property owner to do a senior housing project as opposed to some other type of housing project? Ms. Wordell: • I think there is. One thing would be, if someone comes in and wants to do residential, and we identify that some of these criteria could not be met, like the schools, a senior complex would be a very logical choice Director Piasecki: • The important thing is that the criteria work equally for a senior project as they would for an industrial or a single-family project • I would hope that if we were going to put seniors into a location, that there are the community assets and facilities, such as Memorial Park and the Senior Center and shopping, where they can walk to shopping, or maybe on a bus line • The Results Way/ Measurex site doesn't have a lot of services that senior individuals would need in their community. A senior center may not be the best candidate when you go down Ciddy's list of criteria for that type of use. Vallco, on the other hand, might be a great location Chair Wong. • If we don't zone the Measurex area as residential, and since there are so many R1 residential areas plus a high school and middle school, we could zone it commercial for retail, since there is a market right there. Those folks could actually walk there. Director Piasecki: • This is a difficult site, under any circumstances. It is a very traffic - impacted area with the tri -school location. If you put any user in there, Planning Commission General Plan 12 Special Meeting February 14, 2005 Housing and Land Use you have to weigh how much traffic will be added during the peak periods. • It is interesting when you are analyzing properties that, oftentimes, there are no quick and easy solutions Vice Chair Miller: • It sounds like the best use would be a park Ms. Wordell: • There will be time at the next regular Planning Commission meeting to discuss this item. The only agenda item is the General Plan. We are planning to discuss Environmental Resources, but this might be a good item to bring back • Some of the remaining discussion items are: Development Allocation and Housing Densities. • The major options before you are: What's Been Built; The Task Force Option, and the New Option, where some alternatives were suggested in terms of residential and hotel. One reason is that the Task Force did not realize that things had been built or approved between 2000 and now. They were either undercounting or really squeezing these areas by capping them where they did. You can look at possibly increasing the residential for those reasons, and the same for the hotel rooms • When the City Council talked about Land Use at their special meeting a week or so ago, one of the comments was that we all seem to be in agreement on the hillsides, we all seem to be in agreement on the neighborhoods, so discussion area is really our urban core and what options are there. There are complicated choices, but it does simplify the way you look at the General Plan, because the real options are in these areas • The Heart of the City and City Center slide has a bar graph showing commercial, office and residential in terms of what is built, what the existing General Plan would allow and what the Task Force draft is proposing • One aerial shows the heights recommended by the Task Force: 1) City Center, 45 ft., with 3-4 stories and 2) Heart of the City, 30-45 ft., 1-4 stories, depending on whether it is residential or non-residential Chair Wong. • So, the maximum height for the Heart of the City is 45 feet? Is it currently 45 feet in both the General Plan and the Heart of the City Plan? Planning Commission General Plan 13 Special Meeting February 14, 2005 Housing and Land Use Ms. Wordell: • 35 feet is Heart of the City • The Heart of the City allows up to 45 feet through an exception process for certain things like roof features —it's not for extra stories Director Piasecki: • We'd really like to do away with the term "exception' and either say we allow it for roofs, period or not. This has generated so much misunderstanding and people have treated it like it's a variance, and it's not Ms. Wordell: • Looking at the VaIlco area, both north and south, most of the commercial development would go to the Vallco Fashion Park because of their development agreement. The Task Force recommended the height limit for Vallco North at 30 feet and Vallco South at 35 feet • Hewlett Packard and North De Anza have something like 200,000 square feet wrapped up in their development agreement. The got a development agreement some years ago with the City and it was a fairly long-term agreement (20 years or so). A lot of the office growth in the North De Anza area is already wrapped up in Hewlett Packard • The last area that has the greatest possible change would be North De Anza and Homestead. In the North De Anza area, the height limit would be 30 feet with 1-2 stories and in the Homestead area, 35 feet in height with 1-3 stories Director Piasecki: • (Referring to the slide) If you look at North De Anza Boulevard with 30 feet and 1-2 stories, you're aware that the Apple campus has 4 stories and up to 60 feet, so any new buildings would be very short, relative to their neighboring buildings. Also, we have some 3 -story buildings that are quite tall, around 45 feet. We may find that if we're looking at Apple as being one of the economic drivers and a good corporate citizen, they may need some additional capacity in the future and these types of limitations may not accommodate them in terms of their needs or in terms of compatibility with what is out there • One of things I would stress in terms of creating cohesiveness, we try to at least have buildings of similar height and mass and compatible - looking structures whether they are of the same use or not Ms. Wordell: • The summary of the last meeting's discussion of the hillside area is that there are 27 properties that have characteristics of the hillsides. The Planning Commission General Plan 14 Special Meeting Febniary 14, 2005 Housing and Land Use Land Use map that was proposed, is proposing to change those from the valley floor low-density to the residential hillside 1/2 -acre slope density. The feeling was that the zoning regulations would be beneficial and much easier implement. The real issue was the subdivision potential, and there was a fair amount of testimony about that at the meeting • We tried to do a rough analysis of what properties would be affected by going to the General Plan designation for 1/2 -acre slope density. You heard at the last meeting that there are 4 properties that might be able to subdivide under the existing zoning and we need to look at them further, as do the property owners, to see how they may be affected by the slope density formula • It appears from the rough estimate, that out of the 4 properties, the Del Orr property and Knott property might have the size and the less steep slopes that might allow a subdivision of the two properties • It is possible that the other two properties, Santoro and Sun, have an average slope that is steep enough that would not allow subdivision. They would probably need to do their own slope density analysis to determine the actual outcome, but they do have quite steep slopes • That is all the discussion about the hillsides, so going back to the discussion outline, we are talking about development allocation, housing densities and economic impacts. We would like to delay the school impacts discussion until we have met with the school districts and come to more of an agreement on what the school impacts will be from the proposed General Plan • If you would like to talk more about the "One percent for Art" ordinance, or if you have any other points on open space parks or the specific properties, that would complete the topics of discussion for tonight Chair Wong: • Could you go over the commercial floor area ratio again and tie it in with mixed uses • Currently we don't have a horizontal mixed-use regarding housing to commercial Ms. Wordell: • The issue with the Task Force was that in the administrative draft, there was a reference to a floor area ratio for commercial and office. Traditionally, commercial had been 25% floor area ratio and office had been 33%. In the administrative draft, the suggestion was to lower the floor area ratio for commercial and office to 15%. If they did mixed-use, they could possibly get more or they could maximize the build out of Planning Commission General Plan 15 Special Meeting Febmary 14, 2005 Housing and Land Use their property by doing mixed use. It was an incentive to lower the floor area ratio to encourage mixed use • The Task Force took out the reference to allow a mixed use, but left in the low floor area ratio. That has to be fixed by either raising the floor area ratio or by leaving the mixed use in or going back to the current General Plan which is more a pool of commercial square footage that doesn't have a floor area ratio for commercial uses • The current General Plan has a pool of square footage for non- residential areas. The Heart of the City has a commercial pool, shopping centers of more than 5 acres have their own pool, a power retail has its own pool —it's not by property, but rather by category Chair Wong: • How was the 25% floor area ratio decided for commercial? Director Piasecki: • If you have a standard shopping center, typically there is a 25%floor area ratio of building area, and the remaining area is taken up by parking and landscaping • It is a convention in the industry, because retail commercial doesn't usually do two floors. They usually stay at the single story building, because they need accessibility. They generally do at -grade parking, so the floor area ratio ends up working out to be about 25% • If you restrict them to 15%, unless you give them something else, you probably not have any change because it's not a practical percentage to build stand-alone retail. Why would you tear down a 25 or 30% building to build a 15% new building? • You either allow them to back -fill with some residential or you "up" the numbers for the retail to the conventional 25% • We are a primarily built -out community. People will not tear down an older shopping center simply to replace it square foot for square foot of retail • There is a strong market now for mixed use and other kinds of innovative types of land use patterns than we've seen in the last 20 years Chair Wong: • Could you tell me what the percentage of retail versus housing is at Santana Row Planning Commission General Plan 16 Special Meeting Febnmry 14, 2005 Housing and Land Use Director Piasecki: • I don't have the exact ratio, but I can tell you it's very density. There are high-density apartments and the retail is very high. The ratio would be much higher than 25% Vice Chair Miller: • I have some numbers from Palo Alto. Before 1989, in Palo Alto, neighborhood/ commercial was one to one floor area ratio. Then they decided there was too much intensity of development, and they cut it back to 40% floor area ratio • If there is general agreement in the community that one area we should be encouraging is retail and commercial development, and if developers seem to be inclined toward housing, instead of having an incentive to build housing, we should be having an incentive to build commercial. The bonus is to allow them a few housing units • We have seen one application before us, the Adobe Inn, on Stevens Creek Boulevard where the proposal was primarily residential and a little bit of commercial. That seemed to be an unpopular choice • One of the things we might consider when we do a mixed-use project, where we are hoping for commercial to be developed, there has to be some minimum percentage of the project that is commercial — and it can't be just a minimal amount Director Piasecki: • One of the factors that the Commission needs to weigh in on is that we know for certain that there is not an inexhaustible demand for commercial. If there were, all of the commercial in our current General Plan would have been built out. We're not seeing that. There is no stampede to build commercial in the community. Even the old 1993 General Plan emphasized that we have three primary areas: Vallco, City Center/Crossroads and the Oaks that are specialty shopping districts. The "mid -blocks" could be other than commercial • If we load the PIan with lots of commercial and tell developers they must build commercial, the developers may just walk away • What we don't want is to force property owners to build "marginal" commercial. We need really strong, active commercial to create connections and viable districts and fulfill community needs, as well as, providing sales taxes Vice Chair Miller: • I agree with that. We don't want to put in commercial and have it not be .successful Planning Commission General Plan 17 Special Meeting Febniary 14, 2005 Housing and Land Use • One way we might try to help commercial be successful is to take different areas in town and define them as study areas, and invite the landowners in each of these areas to see if we cant reach some kind of agreement to move ahead with a particular project that has a mutual benefit for both the City and the landowners Commissioner Giefer. • I have a question regarding the public art on page b of the staff report. It seems that staff have changed their position with regard to the 1% funding for public art. It seems that the position has been softened from what we heard last week. I'm trying to clarify whether I have misunderstood your position or why it has changed Ms. Wordell: • I don't think the position has changed. We talked about some options, and the Fine Arts Commission was promoting the 1 % for art. They are very strong on that Commissioner Giefer: • Specifically, the Task Force is recommending the wording: Develop and adopt a one percent art ordinance • If I'm reading this correctly, the new option is saying: Consider developing and adopting a one percent art ordinance Ms. WordeIl: • That is presented as an option, because we know that is a controversial recommendation in terms of a policy • It originated with the Fine Arts Commission and the Task Force didn't discuss it • It was brought up as a way of being sure that it did get people's attention. Knowing that there could be some reactions to it, we wanted to put out some options in case you wanted to consider other wording Mark McKenna, Cupertino Chamber of Commerce representative: • There are three issues we'd like to address tonight 1. Maximum building heights and densities: The Chamber would prefer no maximum height restrictions on buildings. However, we will support the original administrative draft plan, which allows for flexibility of our business and development community 2. Narrowing of Stevens Creek (Boulevard): The Chamber does not support any narrowing of any main artery of the City. This would cause too much congestion and would make Cupertino a Planning Commission General Plan 18 Special Meeting February 14, 2005 Housing and Land Use business -and -community -unfriendly town. People will not walk across an extremely busy, narrow road over a normal-sized busy road. This move would make no sense and would cost too much money for no major benefit to the community 3. Housing: The Chamber realizes that the homes -to -jobs ratio is off. We would be concerned with any recommendation to lessen the net amount of commercial/ retail square footage throughout the City Alan Loving, forward planner for Taylor Woodrow Homes: • I am here in a dual role tonight. The owner or the representative of the owner of the Results Way property could not be here tonight • He asked that the Commissioners get copies of a letter that he sent to Mr. Piasecki and to the City Council. He thought it would be relevant for your consideration in the General Plan update • Taylor Woodrow constructed the Astoria project on Imperial Road just south of Stevens Creek Boulevard. It is a 56 -unit multi -unit project • We have been negotiating with the Grosvenor people who owned the Astoria property and who own the Measurex/Honeywell site • We have been negotiating to acquire about a 11 -acre portion of that site in order to develop single-family detached homes • We are proposing to build 94 homes on that property. They will range in size from 2,000 to 2,400 square feet • We think this is a good location for housing. Because the current General Plan indicates there could be 150 housing units in that Bubb Road area. Fifty-six of them were built at Astoria. The remaining 94 is what we are proposing on the southern part of that property • We realize that there are some real concerns about the schools and traffic in that area. We urge you to wait until the studies have been completed to at least consider what the impacts really are • There has been a lot of confusion about the schools. We hear from some people that the schools can handle a project of 94 homes, and that the additional students would not overcrowd the schools. Then we hear from other people that it would be a tremendous impact • We'd like to get to the bottom of that issue and work with staff to find out what the school districts' capacities are • I encourage you not to change the Bubb Road designation. The owners have tried to lease it. The use is currently obsolete. The buildings are currently obsolete, and he hasn't been successful in Ieasing it out for other industrial users Planning Commission General Plan 19 Special Meeting February 14, 2005 Housing and Land Use Chair Wong: • Since we haven't gotten the Traffic Impact Report or the School Impact Report, but we do know that there are impacts that could have been mitigated, and Lisa (Commissioner Giefer) has a very good point that some students would have to be sent to other schools and that our community really encourages "walkability". How would you address or mitigate those concerns? Mr. Loving: • I think that is my point—we have heard both sides of the story. We have heard that, for certain, the middle school and elementary school would not be impacted by our project and require the children to go to other schools There has been discussion about the high school, but the problem with the high school numbers is that they move around a lot. We understood there was supposed to be a study completed by the end of November. The study wasn't completed — it was moved to the end of January. I spoke to the school district last week, and they said it will take another two months. That is a problem for everybody, because we can't figure out what the real story is John Knopp, Cupertino resident: • I'm here to talk about those special properties on Mt. Crest and Lindy Lane • I sent each of you an e-mail representing some of the concerns and thoughts of some of the property owners. It only went out today, we were a little bit confused, and please bear with us—we're trying to sort this all out, too • A little over ten years ago, the Planning Commission took a look at that hillside, then 9 properties, and couldn't find any reason to change the zoning. So, they left it as it was • We just found out that on March 1, some limitations are going to be imposed, going to 15% slope density. We weren't aware of that. We are still trying to figure out what that means and what the impact is • The essential problem is that we bought all of our properties, realizing that there is real value if you can subdivide. Most of the 27 properties that are under consideration now, could not be subdivided under current conditions or those that are being proposed • There are 4 or 5 that could be and that are affected • The proposal to go to RHS came out as informational, and we had some informational meetings and we were here a week ago. The assumption was that there wouldn't be much impact on those properties Planning Commission General Plan 20 Special Meeting February 14, 2005 Housing and Land Use • There probably is a great deal of impact. We don't know how much it is, though. That is the essential problem • If you look at the Moxley property, it is probably a good example. It was subdivided into 3 lots and each lot was sold for about $1,000,000 • If it were under the restrictions that are going to go into effect on March 1, or the RHS, you could not get three properties out of that. You might get one or maybe two • There are a couple of other properties that have been looked at, and under current zoning, could subdivide. We don't know if they would meet the restrictions of under 15% or the RHS • The real problem is that we don't know what the economic impact is • What we are trying to do is preserve the value of the property and not let it arbitrarily be taken away • If any development were to be done on any of those properties, we would want to take a look at the environment to make sure that it can be done without creating additional problems • When the Moxley property was subdivided, there were a number of restrictions that were placed on the size of the housing, positioning of the houses, trees, site views, etc. • We understand that, if we were to subdivide, we would have to go through that, and we would want to go through that. We are not trying to slip questionable properties in here • We'd like to roll back the 15% and preserve our ability to subdivide in the future, rather than cutting it off altogether right now Dick Weaver, Cupertino resident: • When the "Vision" chart went up, if it is an historical document, it is fine. If it is an "ongoing' document, could we add the word "healthy"? The City will be healthy. • Art is being talked about. I would appreciate an accounting for what the City has —the only word I have is "extorted". The City in the past has extorted money from developers. I'd like to know what I have today in the City for the money the City has required to be spent on art in the past • I'd like an accounting of the art money the City has spent thus far • The last speaker has reminded me that property is a speculative investment. Things can change Deborah Jamison, Cupertino resident: • I am here under "Other" • Maybe I'm just here to say the words "Open Space, Parks and Trails" so that this subject comes up Planning Commission General Plan 21 Special Meeting February 14, 2005 Housing and Land Use • I want to recommend two changes to the draft General Plan and reiterate what I said last week to you • One change would be to prioritize the trail linkage from Rancho San Antonio, where the trail is going to be coming out in the vicinity of the Hammond/Snyder House. The trail, as shown in the current General Plan and the County Trails Master Plan, goes over privately owned land to connect directly to the county park. I would like to see that prioritized, because that trail connection is a much higher -quality trail experience than the trail alignment which is being pursued currently — and that is marching people up Stevens Creek Boulevard for 1.3 miles to Blackberry Farm to connect the Stevens Creek Trail • The second change I recommend is to strike the words "formal urban' when referring to the Stevens Creek Trail through our Stevens Creek corridor park land and substitute "maintained rural" • Even though there has been some disagreement about this trail, I think everyone on the Parks and Recreation Commission and all of the residents who have been participating in this discussion agree that trail ought to be rustic, rural and the word "urban" is inappropriate to apply to that trail • A question I brought up last time is that when the Diocese property was approved for development with a much -reduced density of housing units than what was originally proposed, property was dedicated to the county, and I believe some property was dedicated for a City park. We were promised trail access to these dedicated public lands before the first house was to be built • It is now over ten years later, and, as far as I know, those trails have not been developed or that public access has not been provided • I think that ought to be a high priority also • I want to second the remarks of my neighbor about a "healthy" community. I think that, even though development proposals keep getting made, it is unhealthy to put residential housing units next to major highways and highway interchanges • It is especially unhealthy for children, for people with asthma, people with reduced lung capacity — it is unhealthy for all of us, but it could be deadly for some people, and I don't think that's the kind of development that should be proposed, even though in some places it is convenient or will meet some housing goals Chair Wong. • Regarding the trail linkage on private property, is she talking about the old Halls Road that the private school owns? Is that correct? Planning Commission General Plan 22 Special Meeting February 14, 2005 Housing and Land Use Ms. Wordell: • It's actually north of that. It's in the General Plan on page 2-52 Trail Linkages, Figure 24. The trail that Deborah was talking about is the dots —"Future Trail Linkages". It's the far left trail shown on that map. The top part of that trail, which is "Future Trail Linkages" does match up with a trail that the County got some funding for and is going to be implementing by the fall of next year. That would be along the creek, more or less in the Diocese cemetery area. As it goes further south or southeast, that is not part of any City plan to extend it • Deborah referred to it being a part of the County plan, but it would be for the future as far as the City implementing it • We felt it was appropriate to maintain that as a future trail, rather than existing or proposed, though I think we possibly could have changed the upper part of that to existing or proposed, since it should be coming online in about a year and a half • The trail map that was included in the packet shows a trail going near Cristo Rey Drive and going north of the Oak Valley subdivision. It is getting very close to being open to the public. I believe you can access it now, but it's not officially open. They are still working on it • Some of it is very close, and some of it is a little bit further down the line, but it is coming Chair Wong: • Closed the public hearing and brought the discussion back to the Commission I suggest that we use Exhibit A, which talks about the Hot Topics, commercial floor area ratios, economic development plan, 1 % for the art ordinance, Open Space, Parks and Trails and specific properties and see if some of the Commissioners would like to give direction to staff I know that we haven't received the full EIR, so we can't give everything to staff, but I want to see if some of the Commissioners feel comfortable enough to give some kind of input to staff Director Piasecki: • It would be good for the Commission to make comments to your other commissioners, because you're going to ultimately need to come to some consensus—with at least three of you agreeing on where you want to go with heights, housing densities, the balanced community, etc. • You are making proposals to each other at this point Commissioner Saadati: • In general, I think we need to be flexible Planning Commission General Plan 23 Special Meeting February 14, 2005 Housing and Land Use It would be very difficult to determine what the future will bring • As far as some of the comments that my colleagues made pertaining to available spaces, which were bordered in red, under the opportunity for putting some affordable housing or housing on the exterior of the City, if that is pursued, is that in line with "inclusiveness?" • If a senior center is built outward, how can people access the center of town? • As far as the community is concerned, which has been expressed at the various public meetings, people are looking for areas to gather. Those areas would most likely be focused close to the center of town • Regarding the height of buildings—Steve brought a point regarding the current heights which exist at the Apple complex. Was the 60' height done through an exception? Ms. Wordell: • I don't believe there were any height limitations at the time that the Apple complex was built • The height limitation went into the General Plan after that Director Piasecki: • If you were to take the most common height along the street frontage of the North DeAnza Boulevard area, it would be around the 45 -foot figure, as opposed to the 30-35 foot limit • A three-story office building tends to have a 15 -foot floor to plate height, so three stories gives you 45 feet. That is a fairly comfortable number from staff's viewpoint • I would like to suggest to the Commission that, as you are discussing this, you might determine where you'd like the Commission's recommendation to go—how would you alter the Task Force recommendations — if at all — on the very specific areas? • If you can't come to resolution on any or all of the topics tonight, you may need to think about it further, and that is fine, too • We'd just like for you to start working toward resolution of your recommendations Commissioner Saadati: • My concern would be that, no matter what heights we determine to be included in the General Plan, what would it impact? • You could build buildings of a little over 45 feet, but if it's done properly and in the right location, the impact may not be as obvious as if it was not built properly • There should be some level of flexibility Planning Commission General Plan 24 Special Meeting February 14, 2005 Housing and Land Use • For example, if we look at Vallco South, the Administrative Draft is 30- 60 feet, 2-3 stories, and the new option is 45 feet. What would be the impact as far as keeping the community vital? Director Piasecki: • For Vallco South, to give you as sense of it, the new theater complex, which is part of the development agreement, is going to be up around the high 70's, perhaps 78 to close to 80 feet tall • That is a vested element under the development agreement • What you really need to think about is what kind of heights you're going to need for future hotels • Those are the only buildings that we would envision getting much taller than two to three, or even four stories in this area • That is probably not a bad format if you were to define that—it would get you up to around 60 feet. For an office building you may be able to get up to 6 floors, if you went 60 feet, though that would be really scrunching it • The floor height for a hotel is usually not more than 10 feet per floor, with the exception of the first floor, and similarly for residential • Maybe you would want to only allow 60 feet for hotels and everyone else would have to conform to a 45 -foot limit Commissioner Saadati: • My view would be to try to limit to the level, and based on the level, that would result in a height that might be below what we discussed in the past • I would suggest 45-50 feet, which would easily allow a 4 -story building. I£ someone wants to build a 3 -level building within that height, that would be possible, too • I don't foresee any residential unit with such a high floor height • In the Homestead area, with the new option that has been proposed, it all the same height -45 feet. I feel comfortable with this, with allowing some flexibility • We don't know what the impact will be on future development and potential offices • Is there any demand for office space right now? Director Piasecki: • No, there is no demand now • From staff's standpoint, 45 feet is not an unreasonable number that the Task Force is recommending in the City Center • It seems to be a workable number Planning Commission General Plan 25 Special Meeting February 14, 2005 Housing and Land Use • There is very little development potential, most of it will happen toward the southern end where it should step down anyway Commissioner Saadati: That would be closer to street then, wouldn't it? Because, right now, the 60 -ft. buildings are set back a few hundred feet from the street, right? Director Piasecki: • Yes, generally it is true that there is a setback relationship. The taller buildings are set back further • The former Ernst and Young building, which is a 2 -story structure, is 38 -ft. tall. You can see how a structure like that with only 2 floors is pushing 40 feet. So 45 feet provides a little bit of flexibility • That is what the Task Force is recommending and even the new option has the same number • It would be good if we could at least get through the height issues tonight Chair Wong- * ong• I think I know where I am heading, and let's see if we can get some consensus • Let's look at page one of the Cupertino Task Force Hot Topic Summary. The first page is "Height". • Monta Vista: It says 2-3 stories. I dont feel comfortable writing "stories" — I want to give "feet". I'm suggesting Monta Vista should be a maximum height of 30 feet; Vallco Park South, a maximum height of 60 feet; Heart of the City, a maximum height of 45 feet; Homestead, a maximum height of 60 feet; City Center, a maximum height of 45 feet; North De Anza, a maximum height of 60 feet and Vallco Park North, 60 feet, commercial only • Let us use that as a discussion point and see if we can get some consensus Commissioner Saadati: For the areas with a maximum of 60 feet, at what distance from the street? Chair Wong: • Right now, we're talking about height only Planning Commission General Plan 26 Special Meeting February 14, 2005 Housing and Land Use Commissioner Chen: • I want to come back to the original general guidelines of how we want to conduct the meeting • I thought we are not giving specific directions. We are making comments. If we can make some general comments, maybe we can go into the specifics next time when everybody is better prepared • Or do we want to go through these areas one -by -one and give specific directions and start a discussion Chair Wong. • That is really up to my colleagues. I just wanted to give some direction to staff • I like to be more specific and not "beat around the bush" Commissioner Saadati: I agree with the Chair. We need to come to some sort of resolution and at least give some direction to staff. It can be discussed further at the next meeting Commissioner Giefer: • I'm comfortable talking about heights specifically, because I do think we need to start moving through and seeing if we have consensus • We need to provide flexibility for the community for the next twenty years • I would rather see a cluster of density along Stevens Creek than having us infill the neighborhoods and create additional crowding in existing neighborhoods • I would agree with what the Chair has said, with the exception of the following: On Homestead, I would prefer to see that only go to 45 feet high. I'm not sure I agree with the North De Anza area at 60 feet. I think that, if it's a very well-designed building, height and setback should be considered and become part of that • We need to give developers guidance in terms of where we would like to see them go • I know that Apple is at 60 feet high, and we need to create a visual image where it is integrated into the site. Apple tends to sit alone. In that area, 45 feet is the maximum I'd like to see • In the Vallco Park North, I would prefer 45 feet • In the City Center, I may be willing to go higher than 45 feet • In Vallco Park South, I agree with 60 feet • For North De Anza, I am waffling. I'm more comfortable with 45 feet, but if it's a very well executed project that fits in well and is well Planning Commission General Plan 27 Special Meeting February 14, 2005 Housing and Land Use integrated on the site, that is one area where I am not completely firm at this time Vice Chair Miller. • I look at this in terms of what we're trying to do, and in the gateway areas of town, where they're away from the residential areas and we're looking at more affordable housing projects or more intense commercial development, I'm in favor of going to higher height limitations. • That would be in the Vallco area, the Homestead area and in the North De Anza area. I'm comfortable with looking at as much as 60 feet, although I wouldn't want to give a blanket approval to that • Within the Apple campus, 60 feet is already there and there's absolutely no problem with having other buildings that go 60 feet • I notice that you have 3045 next to that. Does that imply that Apple is separate from the other areas in North De Anza? Ms. Wordell: • Yes Vice Chair Miller. • It may be appropriate that for the Apple site, we offer a little more and for the other areas, we stay more consistent with what is already there, which I believe is a 45 -ft. height limit • Going back to the Homestead area, I think that is an area that has been identified as a potential area for more intense development and staff is suggesting a 45 -foot limit, and I'm certainly very comfortable with 45. I'm still not sure that 60 feet is appropriate in that area • I agree that in the Monta Vista area, we should keep the height down and 30 feet is fine —maybe with a maximum of 35 feet • In the Heart of the City, I think we have general agreement of 45 feet • City Center --45 feet, and 60 feet for both North and South Vallco areas Commissioner Chen: • I want to come back to the point of "balance". The General Plan is a balanced land use plan to address the needs of different ages, different incomes, different jobs and different groups of people with different ethnic backgrounds to let them live happily in this community and be provided with the quality of life that every property owner in this community deserves • With'the limited land that we have, I think mixed-use is a good compromise to address those needs Planning Commission General Plan 28 Special Meeting Febmary 14, 2005 Housing and Land Use • Looking at height, I think height should be in balance with setback. If the building is high, but far enough away from the curbside and street, it is not as intrusive as are some of the buildings that are brought up to the street and also very high • If all we want to look at tonight is height, I would be conservative. If the height goes up, I would use that to encourage mixed use • In Monta Vista, I see an agreement between the Task Force draft and the New Options, and I would agree with the 2-3 story limit • Vallco — the Task Force is recommending 35 feet and the New Options is recommending 45 feet. I would feel uncomfortable to push it up to 60 feet and I would suggest 35-45 feet and, only in special cases — if it is a mixed use, well received by the community—would we consider pushing it up slightly higher • Heart of the City—I see an agreement between Task Force and New Options of 30-45 feet, and I will go with that • Homestead -35 feet up to 45 feet. Again, I would use 45 feet just to encourage mixed use • Civic Center -35 feet to 45 feet. That is not a problem with me • North De Anza — 60 feet for Apple. I want to stress the importance of balance between height and setback. Apple is high, but Apple is not seen from the public streets, so I dont see a problem with leaving Apple at 60 feet, but I would feel very uncomfortable if we push all the buildings up to 60 feet. So, 30-45 feet for the remaining buildings of the North De Anza area. Again I would use 45 feet to encourage mixed use • Vallco North — 30-45 feet. I want to come back to my point of 45 feet, only if it's mixed use and it's a project that the community wants and is well received Chair Wong. • I think I am hearing a general theme from the whole commission that, when we talk about maximum height, it doesn't mean that we will allow the maximum height. It has to be balanced between design, setback, landscaping, mixed use and how much commercial versus housing • These are just maximums of what we can do. I am not advocating that the whole area of Vallco South should be all 60 feet. It has to be integrated very well. • I would like to talk about the units -per -acre in each of the different special centers areas to give us some of guidance, because that would be helpful, too Planning Commission General Plan 29 Special Meeting Febniary 14, 2005 Housing and Land Use Ms. Wordell: • Could we get Taghi's (Commissioner Saadati) response on all of the areas? I think he mentioned a couple, but not all of them Commissioner Saadati: • Monta Vista—about 35 feet to 3 stories • Vallco South -45 feet. I am willing to look at 60 feet, depending on how the project is designed and if it is mixed use • Heart of the City Plan — 45 feet • Homestead -745 feet • City Center — 45 feet • North De Anza — 45 feet, but reiterating how it is designed, how close it is to the street— if it goes further back, a little bit higher building can be allowed • North Vallco —I lean toward 60 feet, hoping for some mixed use Chair Wong: • I want to go to page 3 and throw out some ideas regarding units -per - acre in different neighborhoods • On Vallco South, I agree that it should be 35 per acre • Heart of the City — 25 per acre • Homestead — the reason I agree the Administrative Draft Plan of going 50 per acre is that we always talk about affordable housing and I believe that Villa Serra can accommodate that. We have to look into the school impact and traffic impact, but that is an area in which we should be a little more open and flexible • Civic Center — I agree with 35 per acre • North De Anza, Vallco Park North and Bubb Road —I don't support any housing units. These are the three areas in Cupertino that are industrial areas, and I believe that we need to protect our industrial areas for the future • We can do in -lieu fees for maybe 20 years, but I dont think that will suffice for the next new companies. Where will they go? • I want to take out those housing units and put them somewhere else in Cupertino • This is for discussion and I'd like to hear from my colleagues Commissioner Giefer: • I'm not ready to talk about the number of units in each area • I have a question for staff—as I was review this and thinking things through, must we indicate exactly where in the City the housing units Planning Conunission General Plan 30 Special Meeting February 14, 2005 Housing and Land Use have to be or can we just have one pool of them, that as projects come in that merit consideration, we then assign the housing pool Ms. Wordell: It seems like that is theoretically possible. One of the problems is the Environmental Impacts can be analyzed more easily in the General Plan through areas, because you do have to, at least hypothetically, put them somewhere in order to do an environmental impact. Otherwise, you'd have no idea • We do have a new phrase that may have escaped notice. In the Draft and the Task Force Draft, it says that, even though the numbers are by area, they can be flexible, so if you have a certain number of housing units that are shown for a particular area, this General Plan would allow it to be moved from one area to another if you chose to do that • That is not exactly what you're asking, but there is a way of getting there, even with the Draft Commissioner Giefer: In general, I think the numbers that originally were in the Administrative Draft, especially now that we realize that some of the units that the Task Force did not understand were already committed, show that we have a deficit between what the Task Force recommended and what the reality is • I am more comfortable with the densities of the Administrative Draft wish we could just pool them and assign them as projects come to us with merit • I understand that increase the amount of complexity Commissioner Saadati: • Monta Vista —12 units per acre • Vallco South -35 (units per acre) • Heart of the City Plan— 25 (units per acre) • Homestead — 35 (units per acre), the same as the Task Force recommendation • City Center — 35 (units per acre), the same as the Task Force • North De Anza —I am leaning toward something between the Task Force and the New Options, depending on the total number of units. As long as we come close to the ABAG total—we were supposed to get some new data regarding ABAG, due to the change in the market, and I am wondering if that will have an impact on the total number Planning Commission General Plan 31 Special Meeting February 14, 2005 Housing and Land Use Ms. Wordell: • I'm not following what we were expecting from ABAG Commissioner Saadati: • Previously, there was a question of the ABAG projected number of units for Cupertino. Is that the most recent data? Ms. Wordell: • It is good until 2006, and probably even longer than that, because they have never rebounded quickly enough to give us new numbers when the old ones expire Commissioner Saadati: • North De Anza-35 (units per acre) • Vallco North—I'll go with the Task Force draft • Buff Road -20 (units per acre), which is the same • Undesignated — there is a total number of units at 850. How does that compare with the Task Force recommendation, which is 20 units per acre? Ms. Wordell: I'm not sure if the existing General Plan has a density for "undesignated". Let me check that. Maybe it is 20 Commissioner Saadati: • If that coincides with 20, then I agree with the 850 Vice Chair Miller. • Monta Vista—we want to keep this area low, and I'm assuming 12 units per acre is reasonable • On Vallco Park, there is currently no allocation. Is that correct? We've used them all up, so are the 700 in the New Options new allocations that are being proposed for that area? Ms. Wordell: It's a partial new allocation. Actually, some of it is going to be used up by Vallco Fashion Park -204 of that already are spoken for. Menlo Equities is spoken for, with 107. If Toll Brothers wanted something, it could come out of that larger number—or if Vallco Fashion Park wanted more housing Planning Commission General Plan 32 Special Meeting February 14, 2005 Housing and Land Use Vice Chair Miller. • Could you give some clarification on what "undesignated" really is? Where in town is "undesignated"? Ms. Wordell: • It got changed a little bit between the existing General Plan used it and the way the Task Force used it. The existing General Plan was really a small number of units for the non-residential areas, for the most part, that were just "floating" units, and it was a fairly low number. When the Task Force did their numbers, they lumped anything that wasn't a special area like North Vallco and North De Anza into "undesignated", and they maybe annoyingly put all the neighborhood units into that, as well. We had never counted "undesignated" as the neighborhood units, and that is actually one of the problems with the Task Force draft—they didn't account for maybe 600 units that could build out just by normal zoning in the neighborhoods. The reason we bumped up the New Option for "undesignated" was to account for the neighborhood units, as well as units that could be applied to the other nonresidential areas Vice Chair Miller: I'm not sure I'm clear on exactly what street do I look for "undesignated" on. The existing General Plan has 447 units. Maybe it would be helpful to know what the units -per -acre is Director Piasecki: • It might be helpful, when we come back with the other items, to bring a map in and show where those "undesignated" units would be located. In some cases, they are not very likely to redevelop to gain the one or two units scattered throughout these areas that might be possible. In other cases, there are underdeveloped or clearly vacant properties that will be developed in time. Let us bring back some more clarity on that Vice Chair Miller: • I had a question on North De Anza area—is the end of the North De Anza area on the northern side Highway 280 or does it go past Highway 280 to Homestead? Ms. Wordell: • It ends at 280 Planning Commission General Plan 33 Special Meeting February 14, 2005 Housing and Land Use Vice Chair Miller: • In the Vallco Park South area, I wouldbe willing to consider 35-50 units per acre and look at possibly increasing it over 700 units • Heart of the City — i am comfortable with the New Option and the Task Force recommendations • Homestead —I agree with Gilbert (Chair Wong) that we'd like to have the flexibility of going as high as 50 units per acre • North De Anza area—we should probably leave that area as a commercial/ industrial zone and protect it and eliminate the units there • Vallco Park North—we talked earlier about some edge properties and we might take those 300 units and put them on those edge properties • Bubb Road—we are potentially some units on the Measurex site, although that is still uncertain. We should have units allocated there in case that makes sense to go ahead with that site and it may need more than 81 units Ms. Wordell: • But you're keeping the 20 density? Vice Chair Miller. • Yes, in fact 20 may be too high for that area. I would be more comfortable with 12 • I think that, if we're going to do anything there, it should not be of too much intensity Ms. Wordell: • What did you say for City Center? Vice Chair Miller. • 35 is fine. City Center is essentially pretty much built out at this point. The Task Force recommendation is fine there Ms. Wordell: • For Vallco North, you didn't mention density Vice Chair Miller. • I would say 35-50 units per acre. Again, I will just wait for further clarification on "undesignated" Commissioner Chen: • Monta Vista —I will go with 12 units • Vallco South— I'd like clarification on "some of the units are spoken for" Planning Commission General Plan 34 Special Meeting Febniary 14, 2005 Housing and Land Use Ms. Wordell: • Vallco Fashion Park got 204 units, although 20 of them came from "undesignated", so 184 went to Vallco Fashion Park and 107 went to Menlo Equities • That number came out high, because at one time there was quite a bit of residential that was proposed there, in addition to what was already committed Commissioner Chen • So, we seeded the Task Force recommendation already. I'll max it out at 291, so whatever I will go with whatever units per acre are needed to achieve that • Heart of the City — 25 units per acre • Homestead — 35 units • City Center — 35 units is fine with me • North De Anza—I feel uncomfortable with the high units recommended. I will go with 25 units • Vallco North—I agree with Gilbert (Chair Wong), it is zero • Bubb Road —12 units • Undesignated — I need more clarification on that one Chair Wong: • I want to address the specific properties • What was staff's recommendation regarding specific properties? Ms. Wordell: • The recommendation was to change the land use designation to slope density 1/i acre hillside Chair Wong. • Could there be some flexibility for the four specific properties? Ms. Wordell: • You would need to change the land use map or some text. You would either need to allow a higher density on the map or say something in the General Plan that would allow subdivision • The two elements are subdivision and zoning, whether it will be under RHS or R1, so one possibility would be to still develop the units under the Hillside zone, but possibly allow subdivision of the existing lots that could subdivide Planning Commission General Plan 35 Special Meeting February 14, 2005 Housing and Land Use Commissioner Giefer: • It appears that there are primarily two lots that will lose the potential to subdivide at a later time • I think it is important for us to give our comments to the residents tonight • It appears that the Sun and the Santoro properties may or may not be divisible, depending upon what survey results are done for them. The others are more likely to be divisible at a later time, based on staff s current analysis • My concern remains that, in that area, it looks like a hill. It looks just like the opposite side of the hill, which is RHS, once you get past the tract development • The area has slid in the past, both on Lindy Lane and on Linda Vista on the opposite side of the hill • As we increase additional homes in that area, we will decrease the vegetation and the trees, which makes it more susceptible to sliding in the future • I'm concerned that, by not consistently zoning the hillside area, we have created a preferential zoning district, which I think may have some legal considerations for the City • I am in favor of rezoning Commissioner Saadati: • I am in favor of rezoning, but as far as subdividing, I think we should be consistent with the adjacent area. We need to look at the stability of it. If the technical or soils engineer analysis indicate it is not feasible to subdivide because of risk of slides, that should be taken into consideration • Allow subdivision pending a positive geo-technical report that sees no potential hazard of sliding Vice Chair Miller: • I went out and looked at the property and read an e-mail that was sent by one of the neighbors, John James, who said that in the 1982-83 winter season, heavy rains caused liquefaction on hillside and completely destroyed his home and damaged his neighbors' homes, as well • I also looked at the Moxley property that we had approved — and looking at the way that house is being built on the top and the huge amount of retaining walls that are being built, I cannot help but think that if those retaining walls were to give way, there would very easily be a slide that would affect properties below Planning Commission General Plan 36 Special Meeting February 14, 2005 Housing and Land Use • One of the primary reasons for the hillside ordinance is to protect the hills and the neighbors that are below from natural hazards. Evidence that we have had slides in that area in the past, speaks for rezoning from a standpoint of safety Commissioner Chen • I think Marty (Vice Chair Miller) hit it right on—safety is the main concern. How do we determine if it's safe or not. I don't feel I understand the topic well enough to make any recommendation tonight Chair Wong. • I am a strong believer in private property rights. If it can be subdivided, I would like to see it subdivided • My other concern is safety issues and landslides • Again, the geological study needs to be done. You will probably not get the standards of R1. It will probably be a mixture of R1 and RHS • We do need protection for the hillside, and I think the neighbors are very open to that. We will continue to work with staff to see where we can come to resolution Ms. Wordell: • We do have our geological consultant coming to our March 22 meeting. It might be a good time to ask him about that area, or just a general question about what kind of assurance we can have about the safety of the hillsides Chair Wong. • If you could let the owners of the specific properties know when we are going to be talking about this, they will not have to come to every meeting • I appreciate all of you coming here on Valentine's Day to talk about this, and if you could keep in contact with Ciddy (Ms. Wordell), she will let you know when we'll be talking about it. Plan to come toward the end, when we will be making our final decision • I would like to continue the rest of the items and we can give our recommendations at the next meeting • We can continue the recommendations first and then go into the Environmental Resources discussion ADJOURNMENT: The meeting was adjourned to the regular Planning Commission meeting of February 22, 2005 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 9501.4 (408) 777-3308 DEPARTMENT OF COMMUNITY DEVELOPMENT Application No.: GPA -2004-01, EA -2004-17 Agenda Date: February 8, 2005 Applicant: City of Cupertino Location/APN: City-wide Application Summary: General Plan amendment to revise the General Plan Recommendation: Staff recommends that the Planning Commission: 1. Discuss the Hot Topics in the Land Use Element listed below 2. Continue this agenda item to February 14, 2005 Background: The City Council authorized the Task Force Draft General Plan as the public hearing draft for the General Plan review. The Task Force Draft and other. supporting documents were provided to the Planning Commission in September 2004. The City Council requested that the Planning Commission focus on the Hot Topics, as discussed in the Hot Topics Summary Matrix and Background Report. Discussion: Discussion items are shown below. While "®pen Space, Parks and Trails' is not one of the listed "Hot Topics," the Planning Commission asked for the opportunity to meet with the Parks and Recreation Commission on this subject. A representative from the Parks and Recreation Commission and Therese Smith, Director of Parks and Recreation, will attend the meeting. ®pen Space, Parks and Trails Three issues will be discussed at the meeting: © Total park acreage for Cupertino Distribution of park acreage Use of acreage Total Park Acreage and Distribution: The City's policy through the current General Plan has been to provide three acres of open space for 1,000 population. The Task Force draft anticipates a build -out of 22,369 housing units, with a projected population of 61,515 people, requiring approximately 184.5 acres of parkland. General Plan Review Page 2 The City currently owns 128.52 acres developed as parks. Please refer to Table 2- B in the enclosed Task Force Draft, page 2-56. The City has entered into a joint powers agreement for approximately 30 acres of open space owned by the joint powers agreement, which runs until 2016. Assuming the agreements can be extended, the total neighborhood and community parkland accessible to residents equals 158.5 acres. There are an additional 41.3 acres "on deck" that could be developed as community parkland/ trails. They are Blackberry Farm, the Simms property and the Stocklmeir property. The Simms and Stocklmeir lots are not currently used as parkland. Blackberry Farm is open only 100 days per year, and is a fee -for -use area. Most use of Blackberry Farm (90%) is by nonresidents. Figure 2-L of the Task Force Draft shows gaps in the neighborhood park acreage for Vallco Park, portions of neighborhoods along Homestead Road and in Rancho Rinconada. There is an opportunity to extend the Saratoga Creek trail and park in Rancho Rinconada. New residential units have been approved at the Rosebowl and Menlo Equities sites in the Vallco area. Also, residential units are proposed on the Hewlett Packard property, necessitating the installation of a minimum 3.5 -acre park in this new residential neighborhood. If sufficient new residential units are proposed in the Homestead neighborhood, a park should also be added. (See Table 2-C, Neighborhoods F-1 and M in Task Force Draft.) Otherwise, the Oakdell Ranch neighborhood (A-1) and September Drive neighborhood (0) show park deficiencies, but they are fully developed and there are no opportunities for parks. However, the park needs of those residents can be enhanced by creating better trail connections to existing neighborhood parks and school fields, as opportunities arise. The Task Force Draft - "Corrections and Technical Changes" refers to private/ public spaces such as Cali Mill Plaza and Civic Center. It is recommended that these be acknowledged as part of the public open space acreage, but not added to our total neighborhood park acreage. If: • The City successfully renews the joint powers agreement with Cupertino School District © The schools do surplus land ® Blackberry Farm is redeveloped as a park ® The Simms and Stocklmeir properties were brought into public use, then General Plan Review Page 3 the total acreage will be just under 200 acres. General Plan policies advocate the preservation of school playing fields, master planning areas that are not currently used for community open space and developing an acquisition strategy in the event that some school sites become surplused. Use of Acreage: Finally, there are policies that deal with use of parkland and the distribution of intensive community use. Policy 2-73, on page 2-55, discusses the level of recreational intensity. Many of the school sites developed for joint use as park facilities and neighborhood parks are located in neighborhoods. In Cupertino, most of the traffic congestion centers around schools. If school sites are used for community facilities (such as a community gymnasium or, perhaps some day, a community pool), they will further impact neighborhood traffic. Parks on major arterials need to be identified for more intensive community use. As the community is redeveloped over time, it is important to think about the use each park is suitable for. Some areas are more appropriate than others for higher intensity use. Specific Properties Amendments to the General Plan Land Use map are proposed. Most amendments have no impacts to either the property owners or the surrounding properties. For example, the land use designation for Saratoga Creek was changed to Riparian Corridor (it has no designation in the current General Plan). Also, the Rancho Rinconada designation changed from Low Density 1-5 dwelling units/ gross acre to Low Density 1-6 dwelling units/ gross acre to reflect the existing densities. One land use change that will affect property owners involves a group of single- family residential properties in the hillside area. Specifically, there are 27 properties, one of which is an unbuildable driveway easement, located between Linda Vista Drive and Lindy Lane. These properties have steep slopes, yet their land use designation, Low Density 1-5 dwelling units/ gross acre, is more reflective of valley floor properties. Similar properties across Lindy Lane to the south are in the Residential Low 1/2 Acre Slope Density land use designation and Residential Hillside zoning, which is more appropriate for properties with such topography. (Please see enclosed maps.) This is consistent with the City Council's approval of the revised R1 ordinance, which requires properties with average slopes greater than 15 to be developed in accordance with the hillside ordinance. The subject properties have average slopes greater than 15%. The proposed Land Use Map calls for a change in the land use designation for these properties from Residential Low 1-5 to Residential Low 1/2 Acre Slope Density. Affected property owners were notified of the proposed change and the General Plan Review Page 4 February 8, 2005 Planning Commission meeting, and were invited to an informational meeting with staff on January 26, 2005. Eleven residents representing nine properties attended. While most properties will not be adversely affected by the proposed change, the subdivision potential of four properties may be affected. Staff will present additional information about these properties at the meeting. Next Steps: The tentative schedule for remaining meetings is: ® February 14 Land Use/Housing Study Session (extra meeting, 6:45 Community Hall) ® February 22 Environmental Resources ® March 8 Circulation and Health and Safety (with Bicycle Pedestrian and Public Safety Commissions) ® March 14 Circulation/ Environmental Resources/ Health and Safety Study Session (extra meeting„ 6:45 Community Hall) ® March 22 Preliminary amendments to Task Force Draft and Draft Environmental Impact Report ® April 26 Recommend Approval of Draft General Plan and Draft Environmental Impact Report to City Council Enclosures: o Task Force Draft General Plan, Hot Topics, Corrections Document, Minority Report (provided previously, please bring to meeting) ® Parks and Recreation PowerPoint presentation o Land Use Maps (Existing, Proposed, Changes only) ® Topography of Linda Nista Drive/Lindy Lane area ® Draft Environmental Impact Report (to be discussed on March 22) Prepared by: Ciddy Wordell, City Planner Approved by: Steve Piasecki, Director of Community DevelopmenN-e,U-c- G:planning/ pdrep ort/ GPA -2004-011-25-05 CITY OF CUPERTINO 10300 TORRIE AVENUE, CUPERTINO, CALIFORNIA 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT Subject: Report of the Community Development Director Planning Commission Agenda Date: Tuesday, February 8, 2005 The City Council met on Tuesday, February 1, 2005, and discussed the following items of interest to the Planning Commission-, 1. Environmental Review Committee Representatives: The City Council approved the nominations of Gilbert Wong as Environmental Review Committee representative and Marty Miller as Environmental Review Committee Alternate. 2. Mary Avenue Bicycle Footbridg_e� The Council approved the conceptual design of a cable -stayed structure for the Mary Avenue Bicycle Footbridge and adopted Resolution 05-022, approving an application for additional funding from the Santa Clara Valley Transportation Authority. (see attached report) 3. Community Development Block Grant Program Allocation: City Council directed staff to have the non-profit agencies shown on Exhibit A apply for CDGB grant funds. Agencies not funded could be considered for human service funding. (see attached report) 4. Purchase of Property on Cleo Avenue: The City Council adopted Resolution No. 05-023 to purchase property on Cleo Avenue for affordable housing. (see attached report) 5. Local AEencv Formation Commissions Draft Island Annexation Policies: Council reviewed and commented on the Island Annexation Policies and Maps of Unincorporated Islands. Council authorized the development of a city - initiated annexation program for the remaining unincorporated islands as recommended by staff. Council also asked staff to forward a letter to the LAFCO Board objecting to application of policies 4 and 5 to developed islands such as Creston. (see attached report) 6. Amendments to R-1 Ordinance Enacted: City Council conducted the second reading of Ordinance 1954: "An Ordinance of the City Council of the City f Cupertino Approving an Amendment to Title 19, Chapter 19.28, Single Family Residential Zones (R1) of the Cupertino Municipal Code" and enacted the ordinance. The ordinance has been sent to American Legal for codification. (see attached final adopted ordinance) Report of the Community Development Director Tuesday, February 8, 2005 laze 2 MISCELLANEOUS 1. Commissioner Chen advised us on January 31 that she will not be able to attend the February 8 Planning Commission meeting. 2. Chair Wong asked that we check into the possibility of the commissioners having City of Cupertino e-mail addresses. Our IT department explained that the following format would be used: first name, first initial of the last name @cupertino.org. For example, Chair Wong's e-mail address would be gilbertw@cupertino.org. However, commissioners would not be able to access e- mails from the city account. All messages would be forwarded to the commissioners' personal accounts and all replies would be generated from their personal accounts. 3. The Mayor's Quarterly Meetings will be held the first Wednesday of month, quarterly from 5 to 6:30 p.m. in Conference Room C. (Commissioners will receive a reminder). Meetings are scheduled on the following dates, and Commissioners need to select an attendee for each meeting: Wednesday, February 9 Wednesday, May 11 Wednesday, August 10 Wednesday, November 9 Enclosures: Staff Reports and Newspaper Articles G.planning/SteveP/director's report/pd.2-8-05 Cupertino Planning Commission 2 February 8, 2005 PUBLIC HEARING: 1. GPA -2004-01 EA -2004-17 Citywide location General Plan amendment to revise the General Plan. Subject: Lane Use. Tentative Council date: Not scheduled. Ms. Ciddy Worded, City Planner, presented the staff report: • Explained that Parks and Trails and specific properties proposed for change on the land use map of the General Plan would be discussed. Ms. Therese Smith, Parks and Recreation Director: • Provided a history of the document; in 2001 the Parks and Recreation Commission made recommendations that were incorporated into the administrative draft which was presented to the Planning Commission and City Council in joint session in early 2003. • The City Council's concern revolved around the total acreage needed to keep Cupertino in balance at 3 acres per 1,000 population, the distribution of the acreage and how it is used. • She reviewed the total park acreage and distribution as outlined in the staff report. • Parks and Recreation Commission reviewed the document on January 6, 2005 and made no changes to their original recommendations. • She answered Commissioners' questions. Com. Giefer: • With regards to the joint agreement with the school district, what would be the circumstances where they may not wish to continue that joint powers agreement. Ms. Smith: • Should they want to surplus some of their sites, they may not want to enter into that agreement again. The biggest threat might be the demographic changes and that there aren't school age children in the neighborhood anymore. Com. Saadati: • With reference to Calli Mill Plaza and Civic Center, he asked staff to explain the logic that the part of the public open space was not counted overall. Mr. Piasecki: • He said it related to distinction of park type and whether it is serving neighborhood needs or not; while they would like to add private space, it is not necessarily counted against the 3 acres per 1000 of neighborhood serving parkland that they would like to see and the General Plan calls for. Ms. Smith: • Said that it was not publicly owned land and was not sure they should take credit for it in meeting their goal of 3 acres per 1000 population; school sites are publicly owned but Calli Mill Plaza is not. Ms. Wordell: 0 Said they acknowledged it as a public resource, as a park or open space resource. Cupertino Planning Commission 3 February 3, 2005 Com. Saadati: • Said is was something that may have the potential to become a park in the future along the railroad tracks; and asked if any thought was given to plan for the future for the potential to be converted to a linear park. Ms. Smith: • Responded that the City Council adopted the Union Pacific Trail feasibility study and it was acknowledged that the corridor was important in the future should the railroad no longer need to run to the quarry. She said that it was shown in the Plan as a future corridor, likely in about 20 years. Vice Chair Miller: • Said he assumed they had some input on what happens to school sites, but questioned if they had any decision making authority. • Questioned use of the property if not surplus. Ms. Smith: • Said that the city is putting over $1 million a year into maintenance of school sites, so it is a mutually beneficial agreement. • She said as long as those fields are being used by the school district, she couldn't imagine why they would want to pull out of that and try to maintain them on their own. Vice Chair Miller: • Said he did not understand why there should be a distinction based on whether parkland is considered private or public; there is no reason that it would not remain as parkland just because it is private. • If considering school sites as parkland, there is the possibility that in fact they might be termed surplus and disappear into parkland. Mr. Piasecki: • Said he felt the concept is one of how do you utilize that space and does it serve neighborhood park needs for fields and for picnic grounds and children's play yard space. • The parks are designed with very specific objectives in mind to satisfy neighborhood needs; which doesn't mean you cannot account for the other space, but he felt they should. There should be a full inventory of open space that is available, including the open space in the hillsides and owned by Peninsula Regional Open Space District or the County Parks, even though it is a different kind of open space. • Relative to satisfying the 3 acres per 1,000 requirement and the Quimby fees that are applied, it is intended for neighborhood park serving needs. • He said there was private open space in Seven Springs not available to the non-residents, and there is a lot of private open space that is project specific, serving the project needs, and a separate category can be accounted for. It is not serving general public needs otherwise. Chair Wong: • Asked how the park needs were met for developments such as Saron Gardens, Trevenia, and the project on Imperial Avenue. Mr. Piasecki: • They are required to pay a park dedication fee equivalent to 3 acres per 1,000. Those park needs were met based on the most proximate park already built in some of those Cupertino Planning Commission 4 February 8, 2005 neighborhoods, it is a way they are providing funds to the city, so they can buy parks in deficient neighborhoods where those neighborhoods are already satisfied in terms of the minimum park requirements. In some cases there are not any opportunities. Ms. Smith: • Clarified that Blackberry Farm was funded through utility user fees. • The Simms property and the Stocklemeir property were both opportunistic purchases; they went on the market and the General Fund fronted the money, and those developments are now paying back the General Fund. • The City Council has allowed councils over past years when a good acquisition opportunity came available, they have released reserves in order to make those acquisitions happen and then as the developers pay the in -lieu fees, the General Fund has been made whole. Chair Wong: • He asked for confirmation that in -lieu fees for Saron Gardens, Trevenia, and Imperial, Avenue, are dedicated for parks in the future, to ensure that new residents get services vs. over- crowding Creekside or Memorial Park and others. Mr. Piasecki: • Confirmed the accounting that Ms. Smith was referring to that they should obtain to know where they stood; has the General Fund been reimbursed for the Simms Stocklemeir purchases, and are the funds now going into new parks? • Said he understood that they either had paid, or were close to paying off the fronting of money from the General Fund. • He explained the distribution of funding for the new parks. Chair Wong: • Said there were many opportunities for trails in Cupertino; but it was not detailed in the staff report if the Stevens Creek corridor trail will be a multi purpose trail or any of the other different trails. • Asked if it should be in the General Plan or how would it be addressed? Ms. Smith: • Responded that it should not be in the General Plan because there is so much public input that has to go into the level of design detail. If they had to address that for every trail envisioned in the General Plan, the document would never get approved. • She said they have debated for the last four years whether Stevens Creek trail should or should not be a multi -use trail; and she felt that level of specificity needs to be set forth in a more specific planning document. Jeannie Bradford, Parks and Recreation Commission: • Said she was available for questions and thanked the Planning Commission for their consideration of the issue. Mr. Peter Gilli, Senior Planner: • When the previous General Plan was adopted, the land use map was hand drawn; not parcel specific. Over the years the computer systems have produced a GIS system, where in 2000 it was a guess as to what the hand drawn map looked like, which is the existing land use map. • With the General Plan update, staff is going one step further and trying to make it parcel specific and address some oversights in the previous maps. Cupertino Planning Commission 5 February 9, NOS • For example, Rancho Rinconada area which is shown as a change area on the map, presently it does not meet its land use designation of 1-5 units per gross acre; it is presently higher. What is being proposed is a new category that is 1-6 units per gross acre. It will not allow more units; it will legalize what is there. It is a large area on the change map, but just a correction on the map. • There are many properties owned by either the water district or another public agency along city creeks, and since the city can be site specific now and parcel specific on its land use map, staff proposes to make those into either a special creek or riparian corridor definition. • He referred to maps of the hillsides, and illustrated the areas showing the designated changes, and topography of the aerials. • Showed 3 photos of views from Lindy Lane, Mount Crest and what the standard residential low 1-5 units per acre looks like. • Reviewed the proposed land use map change from what it currently is, which is more appropriate for a valley floor area, to residential low, half acre slope density; to make it match what is on the other side of Lindy Lane. Vice Chair Miller: • Asked what the history of the zoning in the area was. • Questioned when someone builds on the hillside, is there a restriction based on the amount of dirt that has to be moved, or the amount of cut and fill that is done to the hillside. Mr. Gilii: • In the 90s, most of the area was Rl, and the City Council drew a line on an old land use map where the transition was between the hillside and the valley floor area. He illustrated the portion of the city that had been on the hillside part of that line. When it was brought forward earlier, it was taken off the list of sites to rezone to RHS. • Said that under the hillside ordinance, there is a trigger point for requiring a public hearing; in general it discourages too much grading in the hillside. There is a preference to keep the hills as natural as possible. The purpose of that exception trigger is to have a public review at that point. Mr. Piasecki: • Said that the concept of the slope density formula has been around since the late 70s or mid- 70s. Seven Springs Ranch was part of the slope density formula which is why the hillsides are so bad; the Seven Springs area was left untouched and the development was clustered down below. Chair Wong: • Requested that staff research the date that City Council decided this portion was R1 vs. RHS. • Currently we pass the RI ordinance and we get addressed a little bit, and I wanted to find out that with the RHS and R1 do you have to fall into both categories. • If approved and they fall into RHS, one downside for these 27 property owners is that they couldn't subdivide if they did not meet the requirement shown on the screen. Mr. Gilli: • If the average slope of the lot is over 15%, they have to meet the development regulations of both. • Four of the properties might not be able to subdivide; of the 27, only four could presently subdivide. Cupertino Planning Commission 6 February 8, 2005 Said that if in RI but near the geologic fault line area, it would still have to go through the geologic issues. He said at the January 26`" community meeting, the subdivision impact on the four properties was discussed in depth; many property owners are present tonight and may speak. Mr. Piasecki: • Said it was a two-sided coin; the other side of the coin, is that of the 27 properties, there are 23 that do not have potential for subdivision. They will have greater protections should subdivision occur on those four properties and greater oversight when development happens, presumably protecting their hillside property interests and perhaps enhancing their property values in this sensitive area. Chair Wong: • Asked if the implementation of the new R1 ordinance is not until March I" or sometime in March; if the four property owners had concern, should they submit an application before they implement the new Rl? Mr. Gilli: • Said it would be true if subdivisions in hillside areas were easy; there is a lot of engineering work involved, it is not something that you can apply for and have everything set in a short amount of time. Vice Chair Miller: • Clarified that the current requirement is that they meet both the RI and RHS, and asked if the more restrictive requirement applied in each case. (Answer. Yes). • The only change proposed is to eliminate the R1 requirements and that the requirement for subdivision is the RHS requirement, which is more restrictive than the R1 now. Mr. Gilli: • Said it was an issue that staff has been discussing. There is a section in R1 that says buildings proposed on sites with an average slope of 15%, have to meet RHS. It is questionable if it would apply to a subdivision, because the subdivision doesn't propose buildings yet; it proposes building pad, but no building. • It is an area with two possibilities: The properties even though if they built a house and filed quickly, it is not ironed out at this point. They could build a house, but the house would have to meet RHS and RI. If they subdivide legally and it is determined to be legal, which has not been finalized yet; you could build a house on a substandard lot; you always can in Cupertino. Discussion ensued regarding the Moxley lot. Ms. Wordell: • Said that one of the dilemmas when the Moxley property came to the Planning Commission was that there were concerns that it was hillside and perhaps the Planning Commission should be looking at hillside designations. The problem was they were going through a General Plan review and to interject that did not make sense; so the property owner did agree to record a covenant limiting the size of the houses as a way of addressing the Commission's concerns that they were really hillside lots. Having it come forward now as part of the General Plan review was anticipated. • Announced that a land use study session would be held Monday, February 14`h; and the Planning Commission will decide where they are headed on the issue. Cupertino Planning Commission 7 February 8, 2005 Deborah Jamison, Rumford Drive: • Commented on the draft General Plan, trail linkages and open space. • Referred to the trail linkage map and said she was a proponent of the completion of the Stevens Creek trail for many years, and voiced her opinion that the trail linkage coming from where the Stevens Creek trail comes out of the Snyder Hammon House to the county park should be prioritized higher to make the linkage over to the county park from where the trail will come out. • Recommended that under the Stevens Creek trail section of the draft General Plan change "formal urban trail" to "maintained rural trail" or something similar, as she did not feel it was appropriate to use "urban" to describe the corridor, as the purpose of the corridor was to honor, enjoy, interpret and appreciate the natural and rural history, and keep it rural in nature. • Said that when the County acquired 133 acres of open space when the seminary property was developed, the Cupertino residents were promised public access to the property, which has not occurred. She asked that it be addressed or prioritized in the General Plan. Richard Weaver, Rumford Drive: • Said he concurred with Ms. Jamison's continent about the trails. • Expressed concern with the lack of Hot Topics in the General Plan on school playing fields. • Stated that in 2003 the State of California passed a law that a new school could not be built within 500 feet of a particular pollution source; and Cupertino contains such a source. He said that if they could not build new schools there, they did not want to preserve the playing fields where the damage comes from, and that is why the new schools cannot be built. • He said if the Homestead playing fields came up for discussion, the objective would be to close them, not perpetuate them. • The pollution source is missing entirely from the General Plan. There are ten pages of discussion on noise, but the pollution source causes death and illness. • He asked why the pollution source is not addressed in the General Plan, and asked what the residents have to do to get it there. Ms. Wordell: • Said that the draft Environmental Impact Report would be a good avenue. Chair Wong: • Suggested that Mr. Weaver put his concerns in writing to Ms. Wordell and staff would contact him. Jennifer Grim, Calvert Drive: • Suggested that a non-profit fund be set up in the city to purchase parkland. The fund could receive bequeathments and be invested on an ongoing basis; the revenue could be used to purchase parkland. John Knopp, Lindy Lane: • The Planning Commission considered rezoning about 10 years ago and decided to do nothing. • Expressed concern about the value of the land; said he would like to subdivide his land eventually and preserve that value. • The January 26'h meeting was informative and he welcomed the opportunity to have a discussion with staff and address the issues. He said the letter said they did not foresee any negative impacts, but it turned out that they probably are. It was a surprise to them that the Cupertino Planning Commission 8 February 8, 2005 properties were rezoned Rl within the past year. Now it is being proposed for RHS and they would now be subject to both the zoning which presents a problem if they are building or trying to subdivide. They would be interested in and receptive to a proposition of allowing them to continue in the future to elect to subdivide under the present conditions. With the change to Rl and RHS within a year, they cannot move that quickly. They would be open to possibly preserving the ability to subdivide in the future. Luciano Dalle Ore, Lindy Lane: • At the January meeting, eleven property owners were surprised to learn about the rezoning one year before adding the RHS restriction. They were not notified before or after the change. • Said his property was approximately one acre; and he was interested in preserving the value of his property. A point was made that if they don't subdivide the property, the value for somebody else is going to grow. It is not an option to buy more land surrounding his home. • Said he understood the importance of being a good neighbor in terms of RHS, as one big house was just built in front of him. He said to some extent he concurred with what was said that it makes sense to make the appropriate rules so that there are not huge eyesores on top of the hill; but at the same time would like to ensure that the fundamental property values are preserved. Chair Wong closed the public hearing. Chair Wong: • Said Mr. Knopp had a good idea and asked what Mr. Knopp should do relative to his proposal to see if staff was open to his idea. Ms. Wordell: • Said it would be appropriate for him to attend the next meeting and present his ideas if he would like to have it discussed further. Vice Chair Miller: • Relative to trails, he referred to an earlier comment about some open space in the diocese property not being made available to Cupertino residents as promised; and asked if it was contiguous with the Rancho Rinconada park area. Ms. Wordell: • Said it was the Oak Valley development, and they had 2/3 of the church property as public open space, taken over by the County. They are doing park planning. • She said she thought the first phase was accessible to the public, but did not know the status. Mr. Gilli responded to Vice Chair Miller questions: • Relative to changes a year ago to Rl, he said the properties in the area that are currently R1 have been R1 for quite some time. The speakers may be referring to changes in R1; in 1999 there was a requirement that if sites had a 30% slope, they had to meet both rules. • Relative to having to meet both the Rl and RHS, he said there was rule stating at a certain threshold you have to meet both, which has been in existence since 1999. • The proposal is now to put them all under RHS and simplify the process for the property owners who do not have the potential to have a lot split. Cupertino Planning Commission 9 February 8, 2005 Vice Chair Miller: • Asked if everyone was put under RHS and someone had a larger parcel that may be missed by a few feet, and staff hadn't done the calculation to know it was an issue; could they still apply and go before the Commission for them to decide whether or not it was reasonable to subdivide. Ms. Wordell: • Said it would have to meet the subdivision requirements; it cannot come in under. Mr. Piasecki: • Said that the reason why they are hearing from the property owners who have roughly one acre; they are most at risk for losing the potential of the larger lots where you would still have to go through the calculation. Vice Chair Miller: • Asked Mr. Knopp when the changes were made in the general area to RHS, why these particular lots were left out of those changes. Chair Wong reopened the public hearing. Mr. Knopp: • Explained that they suddenly received notice that the Planning Commission was proposing the change to the zoning, and at that time it was just nine properties; it is now eleven because of the Moxley split. They went to the Planning Commission and the question was asked why this hillside; and the answer was that they would get around to all of them at some point, and to look into the issues there. They looked at it and finally decided it didn't make any sense and decided to drop it. They went on to Regnart and rezoned it, and then some other pockets. That is the reason it is the only one that remains as it was back then. • He said he questioned why one of the Planning Commissioners picked those hills to rezone, because he sat on the steepest property in all of Cupertino; his back yard dropped to the 15`' fairway at Deep Cliff. His response was that they wanted to be consistent. Chair Wong closed the public hearing. Vice Chair Miller: • Said he felt if there was a rule that says over 15%, and there are properties that exceed 15%, they should try to have consistency. However, in this particular case there were only four properties and another approach is to treat the four properties on an individual basis, recognizing that a precedent was set; but part of that precedent was that they were required to reduce the size of the development on the property. • Either way there is going to be give and take as to whether it is rezoned and goes according to the RHS, or treat them as individual properties, knowing that they are not going to get the full benefit of what they might have. Com. Giefer: • Relative to Parks and Recreation and trails, there was interesting discussion with regard to prioritization of different trails and parklands. • Ms. Griffin's concept of a not-for-profit to establish a fund to build future parks was a good idea. Cupertino Planning Commission 10 February 8, 2005 Parks and trails remain an important aspect of our community for all our residents today and for the future. • Said she felt there was an inconsistency currently with the hillside properties relative to rezoning Rl to RHS. She understood the opportunity loss that the four lots may feel they have, but the hills are hills, and she saw erosion within that neighborhood. She expressed concern that additional buildup along the hillside is going to cause additional hill slides, mudslides and the like. • Said she was sensitive to over -developing all the hills in Cupertino; concerned about the entire area and expansive soil. She said she felt they should come up with a scheme equal for all property owners regardless of what side of Lindy they are on. • One of the concerns presently is they are not certain there is a problem because their properties haven't been surveyed. Until it is known, all property owners should be treated equally and she would prefer to make it clean and straight forward, rather than have special deals with special property owners. • Property owners have rights to develop their own properties, and there needs to be a balance. They are in a hillside area; the hills are equally steep on both sides of the street on that particular street; and the other side of the street is zoned hillside. Com. Saadati: • Concurred with Com. Giefer comments on parks and trails; they are important and they will continue to focus and expand on them as much as possible and keep their eyes on future properties as they become available, including smaller parks where possible. • Relative to the four properties, without looking at numbers, how can one tell a difference between 20,000 square foot lot vs. a 21,780 square foot lot. Mr. Gilli: • If the average slope of the particular lot is only 22% or less, then staff concurs that it is a minor difference. If the slope of the lot is higher than 22%, then the minimum lot size gets bigger, as outlined in the appendix of the General Plan. • It is not an issue of 20,000 vs. 21,000; because it has to factor in the slope as a wild card. Com. Saadati: • Said if the slope is 50%, the lot size may double or triple, compared to a lot which would have been suitable for a 20% or 15% lot. • If the margin is very close, if there are two or three lots, at 22% slope, one can be subdivided to meet the 22,000 square foot lot, and another one can be subdivided 20,000. • Questioned if the difference would be significant that one would not allow the subdivision of the smaller lot. Mr. Piasecki: • When looking at the Moxley subdivision those lots were roughly 30% in terms of the overall slope, and that is not doing the full slope density calculation, just a cut section and looking at the slope of the land. Staff presumes the other lots, the one acre lots in particular, were roughly in that range, but rather than have an academic discussion about it, since there are only four, staff will look into whether they can do a calculation and come back to the Commission and inform them if the lots are definitely impacted or not. Chair Wong: • Concurred with the speaker on connectivity, that they should look into that and also requests from Coms. Miller and Giefer that staff look into those four properties and report back. Cupertino Planning Conunission 11 February 8, 2005 • The value to the property is important to those property owners. • Although the comment was true that the south side or the other side is still a hillside, since they are in transition, they want to listen to their residents and try to accommodate them as much as possible; and protect the environment and the hillside. • Asked staff to provide reports by the February 14`h meeting. Ms. Wordell: • Reviewed the meeting schedule and discussion of topics that would occur. Chair Wong: • Asked staff to list questions and do a matrix similar to the R1. Vice Chair Miller: • Relative to the trails, he concurred with Ms. Jamison's recommendation to give priority to real hiking trails over trails that follow a busy thoroughfare. Ms. Wordell: • Said she would get feedback from Parks and Recreation, and get their reaction to that and bring it to the February 14'h meeting. Chair Wong: • Thanked the audience for participating in the General Plan land use study, and noted that a recommendation would be made on February 14"; and the meeting would be televised. • Also thanked the Parks and Recreation staff and commissioners for attending the meeting. Chair Wong declared a short recess. INT -2004-01 Interpretation for the front of the lot of a e -family Simon Lin residence to change from Cupertino d to (Cupertino Estates) Hillcrest Road. Planning Com cion decision final Cupertino Rd. unless appealed. Mr. Colin Jung, 'or Planner, presented the staff. re • Reviewed the applt on for a request for int tion of the front yard of a lot of a single- family residence to ch a from Cupertino ad to Hillcrest Road as outlined in the staff report. • In November 2004 the Planning ssion approved a two lot tentative subdivision map for the property and denied a tree r quest to remove four specimen size cedar trees and an oak tree. An appeal was and th ity Council affirmed the Planning Commission decision by denying the a al. • Staff recommends rei retation of the front Road per the mode solution. Simon Lee, ap ant said he had nothing to add. ChZWclosed the public hearing. Cor: from Cupertino Road to Hillcrest With reorienting the home, from 8 to 12 feet of the house is under the deodora cedars',rsked if it proposed y issues for sustaining those trees. AGENDA ITEM SUBJECT AND ISSUE City Hall 10300 Torre Avenue Cupertino, CA 95014-3202 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT Summary AGENDA DATE February 1, 2005 Approval of the conceptual design of a cable -stayed structure for the Mary Avenue Bicycle Footbridge and adoption of Resolution No. 05- 022 , approving an application for additional funding from the Santa Clara Valley Transportation Authority in the amount of $1,560,000 for the Mary Avenue Bicycle Footbridge project and approval of a commitment for $75,000 in additional local matching funds for a total funded project budget of $8,750,000 and authorization to seek additional funding sources in an amount up to $500,000 as an additional cost escalation contingency, for a total projected budget of $9,250,000. BACKGROUND The Mary Avenue Bicycle Footbridge Project consists of the design and construction of a bicycle footbridge on Mary Avenue over Interstate Route 280 in the City of Cupertino, and it includes gateways; paths, residential buffering elements, and landscaping. Since the bridge represents the final link in a major regional bicycle corridor, the Santa Clara Valley Transportation Authority (VTA) embraced the project enthusiastically, making it the number one project in its Measure B Bicycle Expenditure Program. With the identification of VTA and State of California funding for the project planning and construction, in December 2000, the Council directed staff to complete a feasibility study. The study was needed in order to conduct preliminary environmental review and to evaluate and address concerns and issues raised by the community prior to making any decision on proceeding with the project. The study, completed and approved by the Council on December 3, 2001, recommended that extensive landscaping and shielding measures be implemented on the bridge approaches to address privacy and security concerns raised by the community. The study also demonstrated that a cable -suspended bridge would alleviate the need for supports in the middle of the freeway by allowing a longer continuous span than would be the case for a more conventional bridge. Also, with this type of design, the deck of the bridge can be shallower, allowing the profile of the bridge roadway to be comparatively lower, making it easier to construct accessible slopes on the approaches., Printed on Recycled Paper The feasibility study proposed a project that calls for a unique bridge with approaches from north and south that will be extensively landscaped with undulating paths with neighborhood privacy and security features being an integral portion of the design. The project will present a signature bridge connecting attractive pathways that will encourage and serve as a regional symbol of safe bicycle and pedestrian travel. . Design Status On May 5, 2003, the Council approved a design and architectural services contract with Biggs-Cardosa Associates/HNTB for the design of the Mary Avenue Bicycle Footbridge project. That work has now reached the milestone of 35% completion of the plans, specifications and estimate (PS&E). This work also includes the bridge type selection (i.e., the type of design such as a box girder, a suspension bridge, steel truss, etc.) which requires CalTrans approval before further work can proceed. The Bridge Type Selection review with CalTrans was completed on September 8, 2004 and subsequently tentative approval of the "cable -stayed" bridge design has been given by CalTrans, subject to further design and structural evaluations to be performed by the City and its engineering designer, Biggs-Cardosa and HNTB. That work can now proceed following Council approval of the conceptual design and the application for additional. funding as part of this report on today's agenda. Original Budget and Funding of the Project The original project budget was established in 2003 in the amount of $7,115,000. This includes a cost of construction based on costs evaluated at that time of $5,000,000.00, with a contingency of $315,000, for a total of $5,315,000. The project budget in July 2003 was established as follows: Item Cost Construction $ 5,000,000 Design 1,300,000 Construction Contingency 315,000 Construction Management 300,000. Feasibility Study (Completed 2001) 200,000 Total $ 7,115,000 Funds in the amount of $ 7,115,000 have been approved and are available as shown on Attachment `A' Current Project Estimate at 35% DesigLi Conipletion With the completion of the 35% PS&E, the cost has increased significantly. This cost impact has been primarily due to (a) recent substantial increases in the base prices for concrete and steel construction materials, (b) price escalation for concrete and steel as a result of rapidly growing worldwide demand for the materials, and (c) an increase in the required depth of foundation piles indicated by the project geotechnical investigation. As a result, the current estimated cost of construction, based on the 35% PS&E, is approximately $6,000,000, including design contingencies, which are necessary due the level of uncertainty at this stage of design. Further a construction and project contingency has been established in the amount of $750,000 as a prudent measure to ensure that the project can be completed within the budget established at this time. The total project estimate of costs is now $ 8,750,000 as shown on Attachment `A'. These costs have been escalated to the mid point of Construction, i.e., July 2006. Since project funding, as noted above, is currently $ 7,115,000, there is a need for additional funding in the amount of $ 1,635,000. As shown on Attachment `A' that additional need is proposed to be provided as follows: Addition VTA Bicycle Funds $ 1,560,000 City of Cupertino CII' 75,000 With Council approval, Staff will formally submit a request to VT A for additional Bicycle Expenditure Program funds in the amount of $ 1,560,000. Preliminary discussions indicate that, because the additional costs are largely due to previously unknown and unforeseeable conditions beyond the control of the City, the VTA staff would support such a request to the VTA Bicycle Commission and the Board of Directors. In order to submit the application to the VT A, Staff is requesting a commitment from the Council for a City share of $ 75,000 but will continue to explore options for additional outside sources of funding for that amount and will advise the Council of that potential no later than the submission of the proposed 2005-2006 budget in the spring of 2005. The proposed project schedule, if this additional funding is approved, is shown on Attachment `A' for completion of construction by the end of 2006. Cost Escalation Contingency and Additional Funding In addition to the above considerations, Staff is proposing to establish an additional contingency item in the project budget over and above the current estimate of $ 8,750,000. Because of the volatile nature of material cost swings, particularly steel and concrete which accounts for almost 90% of the construction of this bridge, it is considered prudent to have in place a contingent plan should these costs continue to escalate beyond current industry projections. Staff, with Council approval, will continue to seek outside sources of funding in an amount up to $500,000 to add to the currently proposed budget of $ 8,750,000. COMMUNITY OUTREACH Following Council action, Staff and the Bicycle Pedestrian Commission will hold an informational community meeting for all interested .parties and stakeholders to provide a status reporton the progress of the project and seek any comments on additional concerns that may have arisen. Staff will report back to Council with another informational report following this meeting. FISCAL IMPACT This action would provide the City with the ability to seek approval from VTA for an additional $ 1,560,000 to augment the budget of the Mary Avenue Bicycle Footbridge (Account No. 270-9449) and require a local match of $75,000 of additional funding from the City, which, absent additional outside sources of funding, would impact the Capital Improvement program in that amount. However, as noted above, Staff will continue to seek outside sources of funding for the Local (City) match commitment. Approval of the conceptual design of a cable -stayed structure for the Mary Avenue Bicycle Footbridge and adoption of Resolution No. 05- 022 , approving an application for additional funding from the Santa Clara Valley Transportation Authority in the amount of $1,560,000 for the Mary Avenue Bicycle Footbridge project and approval of a commitment for $75,000 in additional local matching fiends for a total funded project budget of $8,750,000 and authorization to seek additional funding sources in an amount up to $500,000 as an additional cost escalation contingency, for a total projected budget of $9,250,000. Submitted by: Approved for submission to the City Council: Ralph A. Qualls, Jr. David W. Knapp Director of Public Works City Manager ATTACHMENT'A' Proposed Mary Avenue Bicycle Footbridge Project Budget and Schedule Cost ]Estimate —"January 2005 Item Amount Cost Estimate for Construction $ 6,000,000 Contingency 750,000 Design 1,300,000 Construction Management 500,000 Feasibility Study (Completed) 200,000 Total Current ]?roject Cost Estimate $ 8,7509000 Funding Sources Item Amount TTA Grant Share $ 5,440,000 State Transportation Fund (Sher) 500,000 City of Sunnyvale 110,000 Bicycle. Transportation Account 600,000 TDA 3 (non -BEP) 65,000 City of Cupertino CIP 400,000 Total Current Committed Funding $ 7,115,000 Proposed Additional Cupertino C`IP 75,000 Proposed Additional YTA1 Funding 1,560,000 Proposed Total Project Funding $8,750,000 Proposed Cost Escalation Contingency, $ 500,000 Total Potential Project Budget $9,250,000 Prosect Schedule Conceptual Design Approval and Funding Feb 2005 100% Design Approval Aug 2005 Bid and Award Construction Contract Oct -Nov 2005 Complete Construction — ®pen Bridge Dec 2006 w� .;• hl; ��stc`4v4,,.i 11Lii 4{ i , l..L�� td t;l t c� r�: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTIINO APPROVING AN APPLICATION FOR ADDITIONAL FUNDING FROM THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY IN THE AMOUNT OF $1,560,000 FOR THE MARY AVENUE BICYCLE FOOTBRIDGE PROJECT; APPROVAL OF A COMMITMENT FOR $75,000 IN ADDITIONAL LOCAL MATCHING FUNDS FOR A TOTAL FUNDED PROJECT BUDGET OF $8,750,000; AND AUTHORIZATION TO SEEK ADDITIONAL FUNDING SOURCES IN AN AMOUNT UP TO $500,000 AS AN ADDITIONAL COST ESCALATION CONTINGENCY, FOR A TOTAL PROJECTED BUDGET OF $9,250,000 WHEREAS, the Mary Avenue Bicycle Footbridge Project consists of the design and construction of a bicycle footbridge on Mary Avenue over Interstate Route 280 in the City of Cupertino, including gateways, paths, residential buffering elements, and landscaping; and WHEREAS, the Santa Clara Valley Transportation Authority (VTA) has made the project the number one project in its Measure B Bicycle Expenditure Program as it represents the final link in a major regional bicycle corridor; and WHEREAS, on December 3, 2001, the City Council approved a feasibility study, completed and approved by the Council by the Council recommended that extensive landscaping and shielding measures be implemented on the bridge approaches to address privacy and security concerns raised by the community. The study also demonstrated that a cable -suspended bridge would alleviate the need for supports in the middle of the freeway by allowing a longer continuous span than would be the case for a more conventional bridge. Also, with this type of design, the deck of the bridge can be shallower, allowing the profile of the bridge roadway to be comparatively lower, making it easier to construct accessible slopes on the approaches; and WHEREAS, the feasibility study proposed a project that calls for a unique bridge with approaches from north and south that will be extensively landscaped with undulating paths with neighborhood privacy and security features being an integral portion of the design. The project will present a signature bridge connecting attractive pathways that will encourage and serve as a regional symbol of safe bicycle and pedestrian travel; and WHEREAS, with the completion of the thirty-five percent plans, specifications and estimate for the project, the cost has increased significantly. This cost impact has been primarily due to (a) recent substantial increases in the base prices for concrete and steel construction materials, (b) price escalation for concrete and steel as a result of rapidly growing worldwide demand for the materials, and (c) and increase in the required depth of foundation piles indicated by the project geotechnical investigation. As a result, the current estimated cost of construction is approximately $6,000,000, including contingencies. Further, a construction and project contingency has been established in the amount of $750,000 as a prudent measure to ensure that the project can be completed within the budget established at this time. The total project estimate of costs is now $8,750,000. Since the project funding is currently $7,115,000, there is a need for additional funding in the amount of $1,635,000. The additional need is proposed to be funded by $1,560,000 in additional Santa Clara Valley Transportation Authority Bicycle Funds and $75,000 in additional City of Cupertino Capital Improvement Program funds; and WHEREAS, In addition to the above considerations, Staff is proposing to establish an additional contingency in the amount of $500,000 over and above the current estimate of $8,750,000, because of the volatile nature of material cost swings, particularly steel and concrete, which account for 90% of the construction of this bridge. Staff, with Council approval, will continue to seek outside sources of funding in an amount up to $500,000 to add to the currently proposed budget of $8,750,000. NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby approves of the conceptual design of a cable -stayed structure for the Mary Avenue Bicycle Footbridge, approves an application for additional funding from the Santa Clara Valley Transportation Authority in the amount of $1,560,000 for the Mary Avenue Bicycle Footbridge project, approves a commitment for $75,000 in additional local matching funds for a total funded project budget of $8,750,000, and authorizes Staff to seek additional funding sources in an amount up to $500,000 as an additional cost escalation contingency, for a total projected budget of $9,250,000. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1 st day of February 2005, by the following vote: Vote Members of the City Council AYES: Kwok, Lowenthal, Sandoval, Wang, James NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith /s/ Patrick Kwok City Clerk Mayor, City of Cupertino Agenda No. 10300 Torre Avenue Cupertin®9 CA 95014 (408) 777-3308 FAX(408) 777-3333 Community Development Department Agenda Date: Februga 19 2005 SUBJECT Appointment of Planning Commission member and alternate t® the Environmental Review Committee RECOMMENDATION The Planning Commission recommends the appointment of Gilbert Wong as the new Environmental Review Committee member, and 2. Marty Miller as the new Environmental Review Committee alternate member BACKGROUND On January 259 20059 the Planning Commission made its annual recommendations for the appointment of a member and an alternate t® the Environmental Review Committee (ERC). In accordance with City of Cupertino Municipal Code, the City Council must approve the appointments. The recommendations are: ERC Member: Gilbert Wong ERC Alternate: Marty Miller Prepared by: Ciddy Wordell, City Planner I= v 4 vta Nee!'fit ~ Stev-'*e'Piasecki Director ®f Community Development g:/planning/pdreport/cc/ccerc05appt David W. Knapp City Manager Printed on Recycled Paper City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department Housing Services Summary �ebru.a�r S, Agenda Item No. Agenda Date: 2005 Subject: Consider funding priorities for the third year Community Development Block Grant (CDBG) program year allocation, review the CDBG schedule and recommend a budget amount for the general service grants. Recommendations: Staff recommends that the funding priorities set by the CDBG Steering Cornrnittee and the Cupertino Housing Commission in the Consolidated Plan be used to evaluate the CDBG applications for the 2005-06 hording cycle. Staff also recommends a status quo budget amount for the General Fund Service Agencies of $39,582. The General Fund Human Service Grant program fiuiding cycle will coincide with the CDBG schedule and the applications will be evaluated by the CDBG Steering Committee and Cupertino Housing Commission. All funding will be available in July 2005. Background:. The City of Cupertino will receive a CDBG entitlement of approximately $434,807, which is $24,193 (approx. 5%) less than the $459,000 for fiscal year 2004-05. This is Cupertino's third year as an entitlement jurisdiction receiving the CDBG grant directly from HUD. HUD regulations require that projects selected for finding benefit very low and low-income households, eliminate a blighted area, or address an urgent (emergency) community need. In addition, only certain types of activities qualify under the CDBG regulations. Examples of eligible activities are: ® Removal of barriers to the handicapped ® Public improvements © Public service activities ® Affordable housing developments ® Property acquisition for affordable housing © Rehabilitation of affordable units Of Cupertino's $434,807 entitlement, $86,961 may be used for administration of the program and fair housing services and $65,221 may be used to fund public service activities. Federal regulations do not allow the city to use more than 15% of the combined total of the entitlement and any projected program income for public service activities. Federal regulations also prohibit the use of more than 20% of the entitlement plus projected program income to be used for administration of the grant. Included in the program administration category are fair housing activities. Public service activities must benefit very low and low-income households and include activities such as childcare, placement services, senior legal services, etc. The remainder of the grant is available for activities such as the purchase of land for affordable housing, rehabilitation of qualifying units, construction of affordable units and public improvements in low and very -low income neighborhoods. Priorities for CDBG Funds: On February 2, 2005, staff will distribute a Notice of Funding Administration (NOFA) to approximately 45 non-profit organizations. Exhibit A is the mailing list that will be used for the NOFA. In order to better evaluate applications, staff would like to restate the priorities set by the Consolidated Plan. The Consolidated Plan evaluated demographics from the Census Bureau and the Association of Bay Area Governrlients and rated the priority needs and the community development needs of Cupertino. Based on this evaluation, senior services, employment training and domestic violence support are a high-level public service priority with childcare, transportation services, food, emergency shelter, clothing and other basic needs being of a medium -level public service priority (Exhibit B). Finally, affordable housing development is a high priority with small -related household units being the City's highest priority (Exhibit B). General Fund Human Service Grants: Last year the administration of the Human Service Grant programs were transferred to the Community Development Department from the City Manager's Office to coordinate the funding cycles and administration of both the Human Service Grants and the CDBG program. The intent was that the Human Service Grants would become a more competitive process with applications reviewed by the CDBG Steering Committee and the Housing Commission. In 2004-05, the City set a budget of $39,582 for agencies that had received Human Service grants in 2003-04, the funding allocations can be found in Exhibit C. Staff recommends that the 2005-06 budget for the Human Service Grants remain at the current amount. FY 2004-05 Annual Action Plan: Federal regulations require that each entitlement jurisdiction prepare an Annual Action Plan and submit the plan no later than May 15th of each year. The Annual Action Plan is a one-year plan which describes the eligible programs, projects and activities to be undertaken with funds expected during the program year (Fiscal Year 2005-2006) and their relationship to the priority housing, homeless and community development needs outlined in the approved Consolidated Plan. Furthermore, Federal regulations require the plan be made available for 30 days for public review and comment. The FY 2005-06 Annual Action Plan will be released for public review on April 1, 2005 for the 30 -day review period. A notice will be placed in the local paper informing the public of its availability and notices will be sent to 30 non-profit agencies on the City's CDBG mailing list. On May 3, 2005 the City Council will hold a public hearing to approve the Amlual Action Plan for submittal to HUD. h1 addition, the CDBG Steering Committee will also meet and discuss the plan on April 14, 2005. Prepared by: Vera Gil Senior Planner Steve Piasecki, Director of Community Development Attachments: Exhibit A: Exhibit B: Exhibit C: APPROVED FOR SUBMITTAL: D�'>/' David W. Knapp, City Manager CDBG and Annual Action Plan Mailing List Consolidated Plan Table 2A and 2B 2004-05 Human Service Grant Funding Mr. Richard Konda- Asian Law Alliance 184 E. Jackson Street San Jose, CA 95112 Lisa Breen -Strickland Support Network for Battered Women 1975 W. EI Camino Real, Suite 205 Mountain View, CA 94040 Paul Tatsuta Economic and Social Opportunities 1445 Oakland Road San Jose,. CA 95112 Kimberly Ferm Cupertino/Sunnyvale Senior Day Services 20920 McClellan Road Cupertino, CA 95014 Ann Marquart Project Sentinel -9 Sherman Ave, Suite 310 Alto, CA 94306 Rick Crook Hope Rehab. Services 4351 Lafayette Santa Clara, CA 95054 Barry Del Buono Emergency Housing Consortium 150 Almaden Blvd., Suite 500 San Jose, CA 95113 Help House the Homeless 70 West Hedding Street, LL Wing San Jose, CA 95110 Outreach and Escort, Inc. 97 East Brokaw Rd.; Suite 140 San Jose, CA 95112 Kay Walker Crippled Children's Society 2851 Park Avenue Santa Clara, CA 95050 Mary Rose Delgadillo Marjorie Rocha Next Door -Solutions to Domestic Mid -Peninsula Citizens for Fair Housing. Violence 457 Kingsley Avenue 1181 North Fourth Street, #A Palo Alto, CA 94301-3222 San Jose, CA 95112 Beatrix Lopez Social Advocates for Youth 1072 De Anza Blvd., Suite A-208 San Jose, CA 95129-3531 Jaclyn Fabre Cupertino Community Services 10104.Vista Drive Cupertino, CA 95014 Christie Hatten Housing for Independent People 888 North First Street #201 San Jose, CA 95112 Concern for the Poor, Inc 1590 Las Plumas San Jose, CA 95133 NOVA 505 W. Olive Ave. Suite 600 Sunnyvale CA 94086 Curt Willig Occupational Training Institute/ DeAnza College 21250 Stevens Creek Blvd. Cupertino, CA 95014 Jody Hansen Cupertino Chamber of Commerce 20455 Silverado Avenue Cupertino CA 95014 Candace Capogrossi Housing Authority of Santa Clara County 505 W. Julian Street San Jose, CA 95110 Fran W agstaff Mid -Peninsula Housing Coalition 658 Bair Island Road, Suite 300 Redwood City, CA 94063 Carol Galante BRIDGE Housing Corporation 1 Hawthorne St. San Francisco, CA 94105 Jeff Oberdorfer First Community Housing 2 N Second Street #1250 San Jose, CA 95113 Chris Block Charities Housing Corporation 195 E. San Fernando St. San Jose, CA 95112 Bill Arnopp Georgia Bacil Legal Aid Society of SCC Bay & Valley Habitat for Humanity Senior Adults Legal Assistance 480 North First Street 888 North First Street, #215 160 East Virginia, Suite 260 Street, San San Jose, CA 95103-0103 San Jose, CA 95112 Jose, CA 95112 Ron Morgan Barbara Galvan Law Foundation SCC Bar Association Community Housing Developers ARIS Project 111 West St. John Street 255 North Market St., Suite 290 380 North First Street, #200 San Jose, CA 95113 San Jose, CA 95110, San Jose, CA 95112 County Homeless Coordinator ,sian Americans for Com. Involvement Council on Aging County Government Center, East Wing Moorpark Avenue 2115 The Alameda 70 West Hedding Street Jose, CA 95128 San Jose, CA 95126 San Jose, CA 95110 nited Way Silicon Valley 322 The Alameda an Jose, CA 95126-1430 leighborhood Housing Services Silicon 'alley 156 North Fourth Street ,an Jose, CA 95112 )obrato CET Center 101 Vine Street San Jose, CA 95110 Michelle Harper Support Network for Battered Women 44 Castro Street, Suite 305 ountain View, CA 94041 Northwest YMCA 20803 Alves Drive Cupertino, -CA 95014 Community Foundation of Silicon Valley 60 S. Market Street, Suite 1000 San Jose, CA 95113 Gertrude Welch 10605 Gascoigne Drive Cupertino, CA 95014 Betsy Arroyo Community Technology Alliance 115 Gish Road, Suite 222 San Jose, CA 95112 Donna DiMonico Bob Campbell Long Term Care Ombudsman Program Project Match Catholic Charities of Santa Clara 512 Valley Way County Milpitas, CA 95035 2625 Zanker Road San Jose, CA 95134 Mari Ellen Reynolds Second Harvest Food Bank 750 Curtner Avenue San Jose, CA 95125 EXHIBIT B TABLE 2A Priority Needs Summary Table ME r OR � H017SINGNEEDS r r Small Related Large Related r , I Owner (BMR ownership units) Special Needs (Rotating shelter, Hous.ing authority numbers and Support Network Total Goals Total•.. Totalls - -r G•als. 1 TotalOwner Goals City of Cupertino 2003-2005 Consolidated Plan Page 45 EXHMIT B TABLE 2E Community Qevelopment Needs See narrative City of Cupertino 2003-2005 Consolidated Plan Page 46 City of Cupertino Human Service Grants Proposed for FY 04/05 Recipient CCS CCS Rotating Shelter Live Oak/Senior Day Care Services Long Term Care Outreach Second Harvest Food Bank Senior Adults Legal Assistance Social Advocates for Youth Supt Network for Battered Women Total CDBG s Construction Grants Total CCS & CCS Rotating Shelter Live Oak/Senior Day Care Services Long Term Care Outreach Second Harvest Food Bank Senior Adults Legal Assistance 'Social Advocates for Youth Support Network for Battered Women **********FY 03104********* Gen Fund*l CDBG Total Total 85.00% 0 0 8,333 25,000 8,333 25,000 7,820 10,200 18,020 4,165 0 4,165 0 0 0 4,5900 4,590 4,590 0 11,667 11,667 0 10,000 _10,000 0 5,900 5,900 5,900 16,575 71,100 87,675 01 40,000 1 40,000 16,5751 111,1001 127,675 EXHIBIT C **********FY 04/05********* Gen Fund CDBG Total 85.00% 85.00% 23,007 0 19,143 25,000 42,150 25,000 7,820 10,200 18,020 4,165 0 4,165 0 0 0 4,590 0 4,590 0 11,667 11,667 0 0 0 0 5,900 5,900 39,5821 71,9101 111,492 0 Q1 0 39,582 71,910 111,492 % funded 85.00% 85.00% 85.00% Program Eliminated 0.00% 85.00% Add'I CDBG 106.32% Program Eliminated 0.00% Add'l CDBG 100.00%j. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 CITY ®F (408) 777-3308 U FAX (408) 777-3333 �'� Community Development Department Housing Services Summary Agenda Item No. < < Agenda Date: IFebruaN 1, 2005 Subject: Consider purchasing property on Cleo Avenue for affordable housing. Recommendations: Authorize staff to enter into negotiations for the purchase of excess State property located on Cleo Avenue. Depending on the negotiations, staff will either pay up to $615,000 cash "up front" for the property or finance the property through the State of California for 40 years. Staff will research both payment options and choose the option that is most beneficial to the City of Cupertino. The funds will come from the Community Development Block Grant (CDBG) program income account (balance of $472,916) and the Affordable Housing Fund which has a current balance of $748,000, $200,000 which is committed to the Teacher Housing Assistance Program. Council should also authorize staff to issue a Request for Proposal (RFP) to interested non-profit agencies and direct the Housing Commission to evaluate the. proposals and make a recommendation to the City Council for selection of a non-profit housing developer to develop affordable housing on the subject property. Background - In clkground-In March 2000, the California Department of Transportation (Caltrans) notified the City of Cupertino that it is disposing of excess property located on Cleo Avenue adjacent to Highway 85. Under California State law (Government Code §54220), Caltrans must first offer to sell the subject property to the agency having jurisdiction of the -property for affordable housing or park use. The 11,938 sq. ft. parcel is currently zoned P(R-3), Planned Development, multi -family, with a land use designation of "medium to high density 10-20 d.u./acre" which translates into a development potential of 4 units. Staff proposes to purchase the property with a combination of CDBG program income and Affordable Housing Fund money. There are sufficient funds available in both funds to cover the purchase of the property. Under Government Code §54225; the State may also offer to provide a 40 -year repayment period. Currently, the annually computed interest rate is the average rate returned by the Pooled Money Investment Board for the past five fiscal years immediately preceding the year in which the payment is made. This figure is currently 5.25%. Request for Proposals: Should Council approve purchasing the property, staff will issue a Request for Proposals to local non-profit housing developers. The Cupertino Housing Commission would review the development proposals and make a recommendation to the City Council for final project selection. The proposals would be evaluated based on the following criteria:. 1. Ability to serve extremely low-income households. 2. Project aesthetics. 3. Neighborhood compatibility _ 4. The developer's ability to repay the city for the purchase of the property. The non-profit developer would then prepare plans and submit them to the Planning Commission and the City Council for review and final approval of the Use Permit. Fiscal Impact - If the City purchases the parcel, the following table illustrates likely allocations from the CDBG and Affordable Housing Fund accounts: Funding Source Amount Ballance after Purchase CDBG Program Income $472,916 $0 Affordable Housing Fund $142,084 $605,916 If the City chooses to finance the property, the down payment and monthly payments will be distributed from the above accounts by similar proportions. When negotiations are completed with the State, staff will report to City Council the final purchase price and the payment amount. Steve riasecxi, Director APPROVED FOR SUBMITTAL: DA4��_ David W. Knapp, City Manager of Community Development Attachments: Resolution No. 05- 0,2_3 Exhibit A: Option to Purchase Cash Sale RESOLUTION NO. 05-023 A RESOLUTION OF THE CITY COUNCIL OF THE CI'T'Y OF CUPERTINO AUTHORIZING STAFF TO UTILIZE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME AND AFFORDABLE HOUSING FUNDS TO PURCHASE EXCESS STATE PROPERTY TO DEVELOP AFFORDABLE HOUSING WHEREAS, the Housing and Community Development Act of 1974 provides that funds be made available for the Community Development Block Grant program; and WHEREAS, the City of Cupertino receives Housing Mitigation fees for office and residential development that are deposited in the Affordable Housing Fund; and WHEREAS, the City of Cupertino understands that the CDBG and the Affordable Housing Fund are to be used to develop much needed affordable housing; and WHEREAS, the City of Cupertino has been offered excess State property on Cleo Avenue adjacent to Highway 85 for $615,000 to use for the development of Affordable Housing NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to enter into an agreement to purchase excess State property; and BE. IT FURTHER RESOLVED that CDBG program income and Affordable Housing Fund monies be used to acquire the excess State property; and PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1St day of February 2005 by the following vote: Vote Members of the City Council AYES: Kwok, Lowenthal, Sandoval, Wang, James NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/Kimberly Smith City Clerk /s/ Patrick Kwok Mayor, City of Cupertino AGENDA NO. )� 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FSC(4-08)--T77-333 3---- Community Development Department AGENDA DATE- February 1, 2005 SUMMARY: Request for City Council review and comment on Santa Clara County LAFCO's draft Island Annexation Policies and Maps of Unincorporated Islands RECOMMENDATION: Staff recommends that the City Council: 1) Review and comment on the draft policies, which staff will summarize in a memorandum to LAFCO, and 2) Authorize development of a City -initiated annexation program for the remaining unincorporated islands. Staff will return to Council with a suggested program and budget request for formal approval. BACKGROUND: At the request of Santa Clara County Local Agency Formation Commission (LAFCO), LAFCO staff was directed to develop policies for island annexations in Santa Clara County that would facilitate the annexation of the remaining unincorporated islands. These draft island annexation policies (Exhibit A) will be considered and potentially adopted by LAFCO at its public hearing on February 9, 2005. In preparation for this meeting, staff attended a workshop on the policies on January 24, 2005. DISCUSSION: Island Annexation Law In 2000, the state legislature passed AB 1555 that provided a simplified island annexation process without protest or election proceedings for unincorporated islands of 75 acres or less. The law was recently changed (SB 1266), and effective January 1, 2005, the size of qualifying islands increased in size to 150 acres. Major provisions of this annexation law will expire on January 1, 2007. Prirred on Recycled Paper LAFCO Island Annexation Policies February 1, 2004 Page 2 The City has successfully conducted island annexations in the late 70's and early 80's under a different law, but has not taken advantage of the recent legislation for two major reasons: a) City Council sensitivities about conducting annexations without allowing protests from affected property owners and residents, and b) Concerns over the legality of extending City taxes to annexed areas without allowing protests, that is, the impact of Proposition 218 —""The Taxpayers Right to Vote" Initiative. LAFCO Draft Island Annexation Policies LAFCO is very interested in inducing cities to exercise its discretion under this island annexation law before major provisions expired on January 1, 2007. The draft policies are designed with voluntary and involuntary inducements in mind. Staff has reviewed the draft policies and is only concerned with policies #4 and #5, which require a city to annex or initiate annexation proceedings for all islands under 150 acres before obtaining approval from LAFCO for an Urban Service Area (USA) expansion. The City has no short or long-term plan to expand its USA into the foothills, but it may be necessary to adjust the City's urban boundaries with adjacent cities to accomplish other goals. For example, there is the planned USA boundary adjustment with San Jose along Saratoga Creek in Rancho Rinconada that would allow the City to finish developing a creekside trail and park on lands currently under San Jose jurisdiction. The remaining unincorporated islands in Cupertino's USA have been mapped by LAFCO (Exhibit B). The ones shown in green are pockets under 150 acres and have been targeted by LAFCO for use of the island annexation law. Staff feels most of these islands (under 150 acres) can be annexed to Cupertino by January 2007-- even using the standard annexation proceedings that allow for protests. The Council would need to approve. extra funds from the budget to carry out the annexations. The most noteworthy exception would be the unincorporated Creston neighborhood, near Foothill Expressway and Highway 280 -- A 40 -acre pocket of about 145 single- family homes with about 400 residents. This pocket has a Los Altos zipcode, even though it is surrounding by the City of Cupertino on nearly four sides. This neighborhood successfully fought off an annexation attempt by Cupertino in the early 1980's and recently lobbied LAFCO, the town of Los Altos and City of Cupertino to. be included in the Los Altos Sphere of Influence. Staff feels Creston can only be annexed LAFCO Island Annexation Policies February 1, 2004 Page 3 in its entirety, using the island annexation law that does not allow protests or an election. In the past Council has opted to only annex one Creston parcel at a time when significant rebuilding occurs. The island annexation policies under consideration would force the Council to take a more aggressive policy toward annexation of Creston and directly conflicts with past policy of the Council. Staff requests that Council authorize the City Manager to prepare a letter to the LAFCO Board outlining the past policy and practice relating to Creston and requesting that the proposed policies number 4 and 5 include some flexibility for local determination on larger fully developed subdivisions. Prepared by Colin Jung, Senior Planner Director of Community Development Approved by: — D04 . David W. Knapp City Manager Enclosures: Exhibit A: LAFCO' draft island annexation policies Exhibit B: LAFCO's draft 2004 Urban Pockets Maps (4 sheets) G: planning/pdreport/cc/island_annexationsl.doc LAFCO9s ®raft Island Annexation Policies 1. LAFCO will collaborate with the cities and. the County in facilitating annexation of unincorporated urban islands. 2. LAFCO will provide a 2 -year LAFCO fee waiver for annexations that result in the elimination of entire unincorporated islands. The current LAFCO fee is $670 for each annexation area. This fee waiver will expire on January 1, 2007. 3. Whenever possible, cities should annex entire islands as opposed to conducting single parcel annexations. 4. In the interests of orderly growth and development, cities must annex urban unincorporated islands existing within their current USAs (urban service areas), before seeking to add new lands to their USAs. 5. As a condition of approval of a city's request for USA expansion, LAFCO shall require the city to: a. Initiate annexation proceedings pursuant to Government Code Section 56375.3(a)(1), for all unincorporated islands that meet the provisions of Government Code Section 56375.3, unless the island constitutes publicly owned land. b. Apply a pre -zoning designation and adopt an annexation plan after holding community meetings, for unincorporated islands larger than 150 acres. 6. LAFCO encourages the County to remove incentives for property owners in the unincorporated islands to remain in the County by making development standards in the unincorporated islands comparable to development standards in the surrounding city. 7. LAFCO will provide information on the island annexation procedures to each of the cities. LAFCO will develop process flow charts and public hearing notice / resolution templates for cities to use. LAFCO staff will conduct workshops on island annexation process for city staff. 3. LAFCO will work with the County, the cities and other interested parties/ agencies to find ways to reduce or share the cost of processing unincorporated island annexations. 9. LAFCO staff will report to the Commission at each LAFCO meeting on. the status of each city's island annexation efforts, ®RAFT Page Iof1 1/4/05 V'� % o.... ....... Sr g i —'a YA -N 0� .SUNW L V, v\PHUERTA. .7 "OUIS LN . se t Al Z� % STEVENS PL�➢� AIARSHALL CT Vt. R. D Cupertino - I of'oe� Z 3F q q VIA, IT �Ot 0.y A. 0 VAR Over POPPY'OR Incorporated Lands Unincorporated Lands 6000 Scale Index Map I'll 1 250 500 1,000 Feet TMs map produced lay0i Sant. C1.1. CaeatY PlanningOM-- The GIS data as Creapi'L irataada_ s.et.a. V.TOe d....d .liable, the Pl.a.1.9 Office assumes no fl.blilty. y.XProleclslPockatskPGckels2OO4Vroleds%Cupenino Pockets—d CAROLINE DR 1. DetallAma CUPERFINO GO Urban Service Area Urban Pocket <= 150 acres FmUrban Pocket >150 acres Z 3F q q VIA, IT �Ot 0.y A. 0 VAR Over POPPY'OR Incorporated Lands Unincorporated Lands 6000 Scale Index Map I'll 1 250 500 1,000 Feet TMs map produced lay0i Sant. C1.1. CaeatY PlanningOM-- The GIS data as Creapi'L irataada_ s.et.a. V.TOe d....d .liable, the Pl.a.1.9 Office assumes no fl.blilty. y.XProleclslPockatskPGckels2OO4Vroleds%Cupenino Pockets—d CAROLINE DR 1. DetallAma CUPERFINO GO 7.49 acres Lh'i 6 V \ lj 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department AGENDA NO. 1 AGENDA DATE IFebrgp y 79 2005 SUBJECT Land Use Policies and Development Review Procedures RECOMMENDATION Review and discuss the following issues and provide direction to staff on how you would like to address land use policies and review procedures during these changing times. Staff anticipates that the Council may elect to hold further discussions due to the broad scope of the issues. Also, Council should identify other related issues that you would like to discuss at a subsequent meeting. BACKGROUND Cupertino is in the middle of updating its General Plan while the economy has gone through a significant downturn and only recently seems to be entering a recovery period. At the same time, the city electorate will be deciding an initiative petition affecting critical land use parameters in November 2005. Project applicants continue to propose development applications based on the existing policy framework of the city. In light of all of the above changes several recent development applications have met with opposition from individual members of the Council questioning the appropriateness of a particular land use or land use mix otherwise allowed by the current policy structure in General Plan or the specific plan. In the face of all of these changes, members of the City Council asked that land use policies and procedures be reviewed to determine if there is a strategy and/or administrative procedures that will enable the city to provide better guidance to applicants during these changing times. Attached is a copy of the Heart of the City Specific Plan to reacquaint the Council with the existing policy structure in this area. Also, staff sent a post card mailer to all Cupertino residential addresses in the city advising residents of this meeting (see attached) and is sending this staff report to the Chamber of Commerce representatives. DISCUSSION Land Use Policies and Review Procedures Development February 7, 2005 Paae 2 The policy framework of the city has been developed over the past ten to twenty years after extensive public hearings and considerable discussion by the then City Council(s) and Planning Commission(s) and with the community. The city policy structure is contained in the General Plan, Heart of the City Plan, North Ike Anza Boulevard Plan, numerous other policy plans and the zoning ordinance (e.g. the R1 ordinance and the parking ordinance) and Municipal Code of the city. As we have seen with the General Plan and the R1 zoning Ordinance, it takes considerable effort and hearings to amend the existing policy/ordinance structure of the city. If the Council wishes to amend these rules it is best done after reviewing the possible rationale, after which it would be necessary to advertise public hearings and invite affected property owners or stakeholders to comment on the proposed changes. The purpose of this memo is to discuss the possible rationale and options to facilitate the Council discussion of these issues. Since it takes considerable Council, staff and community effort to amend the policy structure it seems most appropriate to identify the policy issues through the current update process to the General Plan. In the meantime, it may be necessary to prioritize the most important conflict points and consider establishing a moratorium on all new development in certain categories or to establish a more informal Council direction for developments seeking approval in mixed-use areas. Following your discussion, the Council can decide if the work program should include some high priority changes to this policy framework. Land Use and Procedural Issues The following list contains issues that have been raised in conjunction with development applications or questions council members have raised during these rapidly changing times. Following the issue title is a brief commentary to frame the issue and identify possible strategies to leverage the city's interests. 1) Development Review Procedures: ® Should the City Council function as General Plan "gatekeepers" and continue to determine whether applicants can apply for General Plan Amendments and should the Council continue to hold study sessions on preliminary development applications? The "gate keeper" function that the Council performs for general plan amendment requests has the advantage that development proposals can be re- directed into formats that are more compatible with the community and the public isn't invited to public hearings to comment on clearly inappropriate applications. Similarly, study sessions can be used to redirect major projects into projects that are more consistent with community goals. In some cases, the applicants use the early review to "test run" different proposals or "shop" individual ideas, hoping to find the right mix of enticements that will increase their chances of approval. Land Use Policies and Review Procedures Development February 7, 2005 Page 3 The downside of these practices is that the public gets the impression that the Council is deciding whether to approve the application when you are only deciding if the applicant should be allowed to file an application. Frequently, individual council comments on the preliminary project submittal have been misconstrued as endorsements in advance of the formal public hearing process. Staff believes the Council should abandon this practice while the General Plan update and initiative vote is taking place. The Council can re-evaluate re- instituting the practice at a later date following the election and general plan update. ® When sh®unld �e notilneation be used? City-wide notification has been used three times in the past two months to advertise the Planning Commission General Plan community meetings, the Toll Bros. request to proceed with a general plan amendment and this discussion on land use policies and development review processes. The city funded two of the advertisements. The cost is about $3,000 for residential customers and $5,000 for all postal customers. At that rate, if the city funded one city-wide advertisement per month there is a budget impact of approximately $36,000 to $60,000 per year (one per month = 12 x $3k to 5K per notice = $36K to $60k per year). The number of city paid advertisements will probably not exceed 10 to 12 per year. Staff is comfortable determining when a project has city-wide significance or asking the Council if there is any question. Applicants will decide if they wish to proceed with a general plan amendment application and the City Council can remain separate from the process and evaluate the application on its merits once it is submitted for your review. Staff will keep the Council informed of significant proposals through the Development Activity Report and/or weekly notes. © What is the approIg iate method to determine residential densities for verfleal mixed-use prgiects? The current General Plan contains no methodology for determining residential density on vertical mixed-use sites. Presumably this was a conscious intent to encourage vertical mixed-use instead of horizontal mixed-use. With Council direction it is simple to calculate the proportionate share of the square footage in the project and allocate this proportion to the available land area. Then the residential density of the vertical residential component will be based on the relative portion of the land area occupied by the residential component. This Land Use Policies and Review Procedures Development February 7, 2005 Page 4 would be a similar methodology to the allocation for horizontal mixed-use where the site is apportioned based on the actual area occupied by each use. 2) Where should residential land uses be a llowed? The General flan has a few remaining units in the Heart of the City and units remaining in the North lie Anza Boulevard and Bubb Road Industrial park areas. Applicants have applied for portions of these units to be allocated to the sites at the Adobe Lounge (29 units), Santa Barbara Grill (46 units) and Results Way (94 units). The Council has discussed reallocating units away from school impact areas into the Vallco Park area. The city could establish criteria to determine where and how many residential units should be reallocated and may be able to identify other strategies to soften or mitigate the impacts such as working with the districts on mitigation fees and directing that projects on the edge of attendance boundaries be directed to the school best able to accommodate the students. Residential uses in the Heart of the City should be considered in areas that are served by parks and where residents can access community facilities such as retail and restaurants. Residential uses should be established where it can integrate into an existing mixed-use or predominately residential fabric. Sites that are adjacent to existing or planned residential developments should be considered for residential uses. Adjacency can be loosely interpreted when residential uses seems to provide much needed housing and solves a land use issue. The Hamptons is an example of a stand-alone residential project that is proximate to services at Cupertino Village and near other residential developments across Wolfe Road. The following section elaborates on using housing to. the city's advantage. 3) Can housing be offered as an incentive to provMe retanll or contribution to an nn -lip n fpp? Housing has been credited with undermining the service levels in our schools and usurping the opportunity to ever develop the site for sales tax generating retail uses. This is a switch from the recent past when residential was viewed as addressing the jobs/housing imbalance and higher density was seen as providing a mix of more affordable units to accommodate a wider spectrum of the market. There is a level of validity to both perceptions of residential impacts. There is validity to the concept that once devoted to ownership residential a site designated for commercial will not be available again for retail uses. For these reasons the General Plan Task Force recommended policies discouraging residential uses in commercial districts. The issue of where, what type, and how Land Use Policies and Review Procedures Development February 7, 2005 Paae 5 much housing should factor into the equation. We need to get better at predicting the impact of different densities of residential and determining if it is an asset or a detriment to our schools. The Bay Area Economics study of the initiatives generally concluded that higher or lower density residential generated about the same number of high school students; however, the higher density generated more property tax to compensate the Fremont High School District for on-going operating costs to serve the students. In a recent application the district cited a standard student generation rate that was four times the actual number generated from a comparable density project. The use of "one size fits all" generation rates unfairly projects the actual impact because of the predominance of higher student generating single-family uses in the city. Staff will be working with the high school district to get a better understanding of residential project impacts following publication of the district impact study. Residential is the current market preference and may be judiciously used to encourage the preferred mix of uses. That is, the Council could specify that approval of residential will be a function of the mix of retail, appropriateness of the site and/or payment of an equivalent in -lieu fee. The Council should leverage the current market land use preference (whether it is residential or office or commercial) in mixed-use areas to ensure the most beneficial and complementary combination of uses for the site and revenue generation for the city. Also, affordable housing has consistently been ranked in the Community Surveys as one of the most important issues facing Cupertino. Providing a greater variety of housing types seems like a favorable manner to address this concern. 4) Should the Cnly insist on u°etaIR on 0 commeu°ci l sites wheu°e nt is allowed as a land use option? The Heart of the City plan and the North De Anza Boulevard plan allow commercial as part of the mixed-use options available to applicants. The North De Anza Boulevard area is predominantly an office park with ancillary commercial (e.g. Outback, BJs, and Donut Wheel) and limited quasi -public and instruction (e.g. church and swim school). The North De Anza Boulevard area is surrounded by residential uses. Council will recall that the issue of critical mass came up when reviewing the church application and we committed to monitoring the introduction of alternate uses allowed in the area to maintain the office park as the predominant use. Similarly, the Heart of the City encompasses the Stevens Creek Boulevard block from the easterly city limits to Highway 85. The plan identifies three primary commercial nodes, including the Oaks Shopping Center, Crossroads/City Center and Vallco Fashion Park. The intervening area between Vallco and the Crossroads/City Center is identified for supporting uses such as residential and Land Use Policies and Review Procedures Development February 7, 2005 Page 6 office. The concept seems to be that these "supportive uses" would be populated by residents of the homes and workers in the offices that would frequent the business in the primary commercial nodes. The plan also implies that it did not envision stringing commercial uses along the entire length of Stevens Creek Boulevard in the Heart of the City. This concept that there is a limited demand for retail seems to intuitively make sense. The city should determine if the limited market demand should be protected for the three commercial areas. Commercial policies could advocate creating a critical mass of commercial tenants in close proximity to encourage shoppers to walk from shop to shop and combine multiple visits into one shopping trip. The Stevens Creek properties outside of the three nodes are a mixed pattern including office, residential, De Anza College, Memorial Park and Sports Center, and single purpose commercial such as furniture stores and larger format restaurants. The larger predominantly retail shopping centers are clustered near Vallco Fashion Park and Crossroads/City Center. Also, we have witnessed that the current market prefers to keep some of these commercial sites vacant for long periods rather than re -tenant the space with retail or restaurant uses. Also, it is important to understand that the policy of allowing residential to infill in the Heart of the City, Vallco and North De Anza Boulevard is an essential element of the Housing strategy of the General Plan to meet our inventory of adequate sites. Should the plan be amended to reallocate or eliminate this option it may be necessary to amend the Housing Element and go back through the State HCD review process. Therefore, staff believes the current policy of allowing mixed use in the mid -block areas is still sound and that perhaps the city should be looking to retain an in -lieu fee to compensate for the lost opportunity cost of allowing these sites to have non- traditional retail uses. It is likely that these fees could only be collected through a development agreement. 5) How n°eallstie is the cuuirrent Genneir ll Plan incentive to provide a x retaallelr in the ellty? Clearly, this is a difficult question to address absent a study. Staff has received inquiries from two big box retailers who have indicated there is a "hole in the market" in this area, meaning this area is underserved and they would like to find a site to accommodate their use. Intuitively this assessment seems to match our understanding of the proximity of big box to the West Valley. Presumably if it is not filled in Cupertino it will be filled on a large site in an adjacent community, reducing sales to Cupertino businesses. We have seen this impact with the big box Home Depot that located in San Jose and the smaller box Trader Joe's that located in Los Altos, both of which are immediately adjacent to our border. When Land Use Policies and Review Procedures Development February 7, 2005 Page 7 this happens we inherit the traffic, market impacts on our retail (e.g. Minton's Lumber and Oakville Market) without the sales tax benefits. The question is exacerbated by the fact that big box can only pay about half the value for land compared to a residential developer. Staff believes we should aggressively promote a big box somewhere in the Vallco park area and should anticipate that we may need to facilitate the location by assisting with infrastructure, or other means, where feasible. 6) What is mixed-use? Is residential a signllfllcalant economic engine or driver for gual ty commercial deveRopment in the c!L? Mixed-use commonly refers to the practice of moving away from single purpose zones in the core areas of cities and instead allowing a greater variety of uses. The presumption is this provides a greater land use texture and greater walk -ability to more proximate uses. We have seen this in the City Center where corporate and local service offices are joined by residential, retail, restaurants, lodging, civic uses, plazas and parks into a rich suburban and urban fabric. In some cases, mixed-use has been heralded as the "new urbanism" and "smart growth" because it purposely blends uses in a manner that allows for multiple walking trips and diminishes the necessity of driving to multiple. single purpose use sites. It is the antidote to the traditional concept of urban sprawl where the automobile is a necessity with all of its air pollution and congestion impacts instead of a choice. The experience at Santana Row in San Jose and the proposal from at the Rosebowl in Vallco Park seem to support the premise that residential is an economic engine in the current market and can drive higher quality retail uses. Also, we have seen numerous mixed-use with residential over retail in building in otherwise traditional suburban settings such as Los Gatos and Palo Alto. The city should be aggressive about leveraging current market trends, whether the current trends support residential, office or quasi -public uses, to accomplish other community objectives such as retail sales tax offices, in -lieu fees and the highest quality development. Submitted by: Steve Piasecki Director of Community Development David W. Knapp City Manager Land Use Policies and Review Procedures Development February 7, 2005 Paae 8 CC: Chamber of Commerce City of Cupertino Department Directors Enclosures: Copy of the post card notice sent to all Cupertino residential customers Heart of the City Specific Plan 3-4 ADEQUATE SITES FOR HOUSING EXHIBIT B Housing conversion of any affordable units to market rate, specifically the 100 unit Sunnyview devel- opment (affordability subsidies are scheduled to expire in 2004). 4. SPECIAL HOUSING NEEDS Some of the households that have special housing needs in Cupertino include homeless, elderly and disabled households. The City needs to continue its relationship with special need providers and to support the provision of additional housing opportunities where feasible. 5. EQUAL ACCESS TO HOUSING A fundamental right is the ability for all persons to have equal access to housing, regard- less of factors such as religion, ethnicity, age or sexual orientation. It is important that the City continue to ensure equal access to housing and to support groups and organizations that provide fair housing counseling/ information services. THE FOLLOWING PAGES INCLUDE GOALS, POLICIES AND PROGRAMS DESIGNED TO ADDRESS THE NEEDS AS IDENTIFIED ABOVE AND IN THE HOUSING ELEMENT TECHNICAL DOCUMENT, AtEXPAND THE SUPPLY OF RESIDENTIAL UNITS FOR ALL ECONOMIC . SEGMENTS. M Policy3-1: Sufficient Residentially Zoned Landfor New Construction Need Designate sufficient residentially -zoned land at appropriate densities to pro- vide adequate sites that will meet ABAG's estimate of Cupertino's new con- struction need of 2,325 units for 2001-2006. Included with that need are the following objectives: - Units Affordable to Very. Low Income: 378 units Units Affordable to Low Income: 188 units Units Affordable to Moderate Income: 626 units Units Affordable to Above Moderate Income: 1,133 units TOTAL 2,325 Units Implementation Program 1: Housing Units by Planning District Encourage residential development in the following planning districts; as provided below. Residential development in these planning districts includesmixed-use, multi -unit residential, and single-family residential at a density of 15-35+ units per acre. Adequate infrastructure is currently avail- able to all districts. (Please see trap on page 73, which identifies the locations for the proposed units by Planning District.) THE CUPERTKNO GENERAL PLAN Time Frame: Responsible Party: Quantified Objective: Heart of the City District North DeAnza District Bubb Planning District Homestead District (:]Undesignated TOTAL 2001-2006 City of Cupertino, Planning Department 433 Units at 35 Units per Acre (12.5 Acres) 150 Units at 35 Units Per Acre (4.25 Acres) 150 Units at 15 Units Per Acre (10 Acres) 605 Units at 50 Units Per Acre (12 Acres) 40 Units at 20 Units Per Acre (2 Acres) 1,378 Units Housing Implementation Program 2: band Use Designations In order to allow for the number of units as identified in Program #1(Hous- ing Units by Planning Districts), some parcels of land in the specified Plan- ning Districts will need a change in land use designation or zoning. The City will change land use designations/zoning-tdreflect at least the density range of 15-50 units per acre on those parcels during the 2001-2002 update of the General Plan. Time Frame: 2001-2002 Responsible Party: City of Cupertino, Planning Department Quantified Objective: North DeAnza District: Revise zoning so that all 4.25 acres are zoned at a minimum of 35 units per acre. Bubb District: Revise zoning so that all 10 acres are zoned. at a minimum of 15 units per acre. Homestead District: Revise zoning of 2 acres to 50 units per acre so that a total of 12 acres are zoned at 50 units per acre. Implementation Program 3:. Existing Inventory of Residential Parcels Include the existing inventory of residentially -zoned parcels that have been identified as vacant, underdeveloped or infill parcels in addressing the Re- gional Housing Need. Time Frame: 2001=2006 Responsible Party: City of Cupertino, Planning Department THE CUPERi ZM0 GENERAL PLAN 3-5 3-6 Housing Quantified Objective: 439 Units at <15 Units Per Acre, 29 Acres Total 182 Units at 15-20 Units Per Acre, 12 Acres Total 36- =nits at 20-35+ Units Per Acre, 16 Acres Total I leementatiotiProgram4: Second Dwelling Unit Ordinance Evaluate and revise, if necessary, the Second Dwelling Unit Ordinance to en- courage the production of more second units on residential parcels. Evalu- ate existing parking, square footage minimums and other requirements to determine whether revisions would encourage the development of more sec- ond units. Time Frame: 2001-2002 Evaluate and revise program, if necessary 2001-2006: Continue to implement program Responsible Party: City of Cupertino, Planning Department Quantified Objective: 25 Second Units Produced, 2001-2006 Policy 3-2: Identify sites for500 additional housing units (units in addition to the _ 2,325 unitRegional Housing Need Allocation) as part of the General Plan update, subject to analysis of traffic and other related impacts. M Implementation Program 5: General Plan Update During the General Plan Update of 2001-2002, sites will be evaluated to pro- vide 500 dwelling units, in addition to those identified for the Regional Hous- ing Need Allocation. Sites will be evaluated based on environmental impacts and traffic analysis. If these impacts are determined to be minimal, the City may choose to designate sites for up to 500 housing units. Time Frame: - 2001-2002 Responsible Party: City of Cupertino, Planning Department Quantified Objective: 80 Very Low Income Units 40 Low Income Units 135 Moderate Income Units 245 Above -Moderate Income Units 500 Total Units THE CCUPERi INO GENERAL PLAN 01 10 Policy 2-200 Diversity of Land( Use Maintain a city structure of Neighbor- hoods, Commercial areas, Employment areas and Education/ Cultural areas. Provide sufficient development opportu- nities for these areas in order to enhance their distinct character and functions, while maintaining the desired trans- portation levels of service. H O T T 0,1 P I C LILA-2 1. Citywide Development Allocation. Allocate new development citywide in accordance with Table 2-A Develop- ment Allocation. 'Fable 2-A. Development Allocation,. COMMUNITY DEVELOPMENT 2. Development Criteria. Floor area ratios for non-residential uses may be exceed- ed through the development review process using established criteria for evaluating projects. Floor area potential not fully utilized in new development will be returned to the relevant devel- opment allocation category. 3. Flexible Allocations. Allow flexibility among the allocations assigned to each geographical area. Allocations may be redistributed from one geographical area to another if necessary and if no significant environmental impacts, par- ticularly traffic, are identified. 2-17 1,5 TASK FORCE DRAFT GENERAL PLAN — 3R) Commercial (sq. ft.) Office (sq. ft.) Hotel (rooms) Residential (DU) 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout Alternative Neighborhood Monta Vista 88,816 99,698 416,557 456,210 - - - 760 902 902 Oak Valley - - - - - - 178 178 178 Fairgrove - - - - - - 220 220 220 Other Areas - - - - - 17,376 17,492 17,778 `` (+44, Coamamerclai Centers Heart of the City 1,182,456 1,476,115 510,531 521,987 - - 238 681 500 Vallco Park South 1,110,700 1,902,546 708,057 1,091,824 - 764 - 125 0 Homestead Road 238,735 193,678 69,550 69,550 126 126 484 977 800 ,--Other Areas _ 494,576 495,415 268,735 250,604 - - 6 345 c �6 Employment Centers N DeAnza Blvd. 44,979 51,372 2,048,021 .2,266,206 - - - 215 300 City Center 29,358 79,011 1,032,072 1,149,513 - 224 219 713 714 Vallco Park -North 127,806 133,147 2,843,144 3,069,676 315 315 551 779 551 Bubb Road - - 428,645 444,435 - - - 81 81 Citywide 3,317,426 4,431,000 8,325,312 9,320,005 441 1,429 20,032 22,369 22,369 1,5 TASK FORCE DRAFT GENERAL PLAN — 3R) s pity: of strong neignoornevuti ag city ;_he .said, ting the city will need such D tackle difficult choices. we'll haveto'make ay6r� Smart is unavoidable. next year, Lsgons,'' saad Kwok, who suc- andra James as mayor. iii Continued from page 1 the Stevens Creek Corridor, McClellan r `."There is no panacea..,,', of housing units, including those avail- t Manch and Blackberry Farm. icular, Kviok crtecl difficulties able at below market rates. "We face an uncertain future and dif by budget constraints dne to Kwok, an environmentalist with a ficult choices," " Kwok said. But he recession C�.iperiino has long career in environmental engz�eer- encouraged the crowd to remain opti- g P Iled tough economic times of,,.-..; ing and waste' management, also mistic . irustic as the city celebrates its 50th ig back to the end of the tech= romised to protect Cu. ertino's natur- P P P anniversary. Dornm 2000. wring that time,` al resources. `We need to restore the natural environment and provide We must strive to uphold the quali- ties that make Cupertino special," he Froin sales ;taxes has also"',trails," he said. Kwok said he would I said, "and work together for new solu- Sales tax revenue generates work to raise money for areas such as I tions. The future is bright." ner iirector of cently".told that the city's tci &t ® LOS GATOS wV ® SARATOGA SUNDAT Mg SUNNYVALE SAN JOSE MERCURY NEWS ®CUPERTINO FEBRUARY 6,.2®05 W e,s. t ® SAN JOSE km 4� '` � -� X5'2.➢' {:'k '�.� a`�a�•,,E, `�'�py The & its `who' leave a] will sav icia [LOCAL O ( AGE 3B ]INSIDE 0 PAGE 2B FINANCIAL x AN2I3L P .kaM.NI G FOR GIR L- �Fr� I Sy£ Sy Parents of students at Fr emont Union High School ; tightDish rct campusesCupertino, Fremont,°Home ria, . in stead Lynbi ool< and,Monta Vista := will Dave to �:- � and ; =prone r esidency See www. fuhsd.org. arly' ;: 1lliiiat's. �ueeded to establish residency: scores •° Original dociiments, 3;types::, make ;, ® Driver's license atten= ' ; IN California ID or, Dista .® Valid joasspoit consulate -issued ID or voting crie . Axie offdential state. at . sym ® Gur reint velircle registration ` rmght ' '®Current year's W-2 form, or ® State dr federal taz�return fired within the past 12-. nlotiths:with W 2 forrns attached. e such u„o' �rrnsed ; ®Pl operty tax bill with parent s.iname and address pr rental/lease agreement with: parent's` name, stu- , dent's name and address.` JUDITH CALSON - MERCURY NEWS ARCHIVES Fremont Union High School District employees Wil Mandac, left, and John Lozano verify student residency in the fall. Now the district is requiring students to prove residency or move on. I INS 511110, � r Continued from Page 1B has grown faster than demo- graphics can explain, district of - to get tough on residency is- ficials say. sues when asking district vot- A bill that seeks to amend state law Parents who realize they ers to pass a parcel tax in No= on school transfers is making its way can't keep their children in Fre-; vember. The $100: per -parcel through the legislative pipeline. State mont Union schools ought to. tax will help stave off painful " law allows districts to enroll students consider their options now rath-'' spending cuts. Financial pres- in grades K-12 who aren't district resi- er than wait until March, dis- sures have been such that em- dents but whose parents are em- trict officials said. ployees took a 4.9 percent pay ployed within district boundaries. In the current residency; cut in September, said Polly SB 136, sponsored by state sen. Jeff screening, students in grades9,; Bove, deputy superintendent. Denham, R -Modesto, would restrict 10 and 11 must prove residency "We . are in the business of helping that allowance to grades K-8. before they can register for next classes. The students, but we can't possibly afford to educate ev- source: Mercury News year's required,, documentation includes a valid eryone who wants to attend with forged driver's licenses, driver's license. Utility.bills and; our -schools," Bove said. It's on- tenant leases purchased or deeds, which suffice in many; ly fair., she said, to focus re- copied from the Internet, falsi- districts for registration, are; sources on legitimately en- fied utility bills, and addresses not considered valid for thel rolled students: that belong to friends, rela- .,screening. "We need .to be very, very tives, or others willing to false- Bove said the district will; protective of the tax dollars the ly establish their home as a take into account that some; community gives us," Bove residence of a student not actu- ` families are legitimate, district said. ally residing there." residents but might lack a re- ' Officials in the 9,500 -student The financial pressures fac- quired document — a property; district say theycan't estimate ing Fremont Union are differ- tax bill or lease with their name how many 'students 'might be ent from public school districts on it, for instance — because of displaced, but the potential ex whose fundin� is based on' dai- an extended family living ar- ists for the number to rise into: ly attendance. In those dis- rangement or other circum-, the hundreds. A review last . tricts, funding increases when stance. In such cases, parents; year of caregiver affidavits ,,.,.enrollment rises. Fremont will have the chance.' to meet. an arrangement that allows a Unionis among the districts in with officials at district offices. student to enroll if he or she` 'areas with high property val-. 'We don't want to proceed in i. lives full-time with an adult ues that opt to become so- a capricious fashion," Bove said. caregiver who is a district resi- called basic aid districts. They The timeframe for the screen= dent — resulted in 218 of 7A rely on a potentially more lu- ing reflects the district's desire students failing to re -qualify crative slice of local property to determine next year's 'staff-; In a letter sent to parents in' taxes rather than daily atten- ing levels, she said. January, Superintendent Steve dance funding from the state. Rowley said the caregiver affi ` Revenue does not increase Contact Luis Zaragoza at davit review showed. "that when enrollment goes up. And lzaragoza@mercurynews.com or some parents presented us Fremont. Union's enrollment (408) 920-5803. . " IFdm,' 42� gets 3UP &om council Cirming Taft 280 ud 85 to be' for bicyclies and pedlestpians By HUGH BIGGAR F rivers passing through Cupertino on j-280 may soon see two soaring white towers franing Mt. Hamilton. The, towers are a part of a proposed Mary Avenue bicycle and pedestrian bridge at the juncture of 1-280 and Mghway 85. Cupertino's city council approved the latest phase of this pro- ject—including the bridge's design and funding sources' at its meeting on Feb. 1. "The footbridge is very elegant and inspired us to think of egrets and white herons common to this area," d Ralph walls, Cupertino's direc- of public works, in recommending the design -for approval by the city council. The council and local. residents. agreed, voicing their support for the $9,250,000 project scheduled for completion in 2006. The total includes a $2 million increase over an earlier budget proposal—due to the unexpectedly high costs of steel.. "It's beautiful," said Councilwoman Dolly Sandoval. "It's one of the few projects 1 know of that is ready to roll in the county" Sunnyvale resident faevin. 3efferson agreed, saying, "it's at the top of the list [in terms of] regional importance. Sunnyvale's portion of the bridge is linuted to residents living on the east side of the span. For that reason, Sunnyvale agreed to pay for some of the cost. Cupertino will also pay no more than $475,000, according to the terms approved unani-mously by the city council. 7he remainder of the fund- ing will .cone from state or regional sources. 'the funding provides for the coi?- struction of the cable bridge over I- 80, landscaping and related privacy d security measures. "It's essential- - a linear parr," said Quall.s.'"_e . landscaping will stretch 13 acres and include oak and cypress trees to help provide privacy for nearby residents. — BrUgsa, page 12 Cl X00 Continued from page 1 The bridge will. measure 87 feet from the ground up and will include barriers to prevent residents from dropping things, into traffic. The 20 -foot width of the span also allows for an emergency vehicle. Qualls, who also labeled the bridge design as "very cool," stressed the seis- mic safety of the bridge, given its deep pilings and concrete foundations. , Such safety measures added to the bridge's appeal for Cupertino resident, Deborah Hill. "It's a great project," she said. "It's elegant and safe enough for rainy days and earthquakes. I'm impressed with all the hard work put into it." Local residents still have a chance to provide their thoughts. Community meetings are scheduled through March of this year. "'There will be time to address the council further," Qualls said. The next city council meeting is sched- uled for Feb. -15 at 6:45 p.m. in the com- munity hall, 10350 Torre Ave. For more information visit www.cupeyWno.org. Steve MasecW From: Rick Kitson Scut: Tuesday, February 08, 2005 11:44 AM r,r To: Department Heads Subject: Cupertino deal first of $100M bet 1 5. IS m ��l Page 1 of 2 By Sharon Simonson SILICON VALLEY/SAN JOSE BUSINESS JOURNAL Updated: 7:00 p.m. ET Feb. 6, 2005 A San Francisco real estate company has acquired a Hewlett-Packard building complex in Cupertino as part of a larger rejuvenation in the area around the Vallco Fashion Park Shopping Center. The deal is just the beginning of a $100 million bet on Silicon Valley real estate by a company with a record of turning vacant property into commercial success stories. Pacific Resources has agreed to pay about $100 a square foot, or $24.3 million, for three former H- P buildings on Tantau Avenue in one of the most desirable cities in the region, particularly well- respected for the quality of its schools. Kevin Wu, the project manager for Pacific, says the company intends to renovate the properties and to lease them as offices in the next two years. They've already signed a leasing agreement with Cushman & Wakefield. Rick Ingwers and Nina Frandson of Cushman also represented H -P in the sale. In the future, Pacific could redevelop the properties for other uses, though that is not its primary mission right now. "The thing that really enticed us into buying it was the price, and we figure the land alone should be worth $50" a square foot, Mr. Wu says. "We are looking at this as a bargain., Our company is willing to add value to properties. That's what we have done in the past." The buildings sit on nearly 15 acres. Over roughly the last decade, Pacific transformed a vacant San Francisco building at Fourth and Market, redeveloping it into offices, Old Navy and Container stores, and a 200 -room hotel. Pacific Place sold for $180 million last year. The Cupertino deal is Pacific's first in Silicon Valley. It intends to invest at least $100 million in valley commercial real estate in coming years, primarily in Santa Clara and San Mateo counties. Pacific is an international company with real estate interests in the Pacific Rim, he says. Pacific is abandoning San Francisco, at least for awhile, because the company's principals believe prices in San Francisco don't make sense right now, Mr. Wu says. "We are going to go slowly (in Silicon Valley) because with a new market you need to make sure you understand it," he says. "We are testing the waters." 2/9/2005 Page 2 of 2 The area around Vallco has become a redevelopment hotbed recently, starting with the mall's acquisition by a group of Asian investors in spring 2003 for $80 million. The investors, who bought Vallco out of receivership, plan an international retail theme for its 500,000 square feet of shop space to position the center against the abundance of nearby mainstream American shopping in the area, including Westfield Shoppingtown Valley Fair, Santana Row and Stanford Mall. Macy's, J.C. Penney and Sears also have stores at Vallco. So far, the mall's redevelopers, Alan Wong, Emily Chen and John Nguyen, have acquired development rights to build 204 condominiums and 100,000 square feet of retail on a six -acre surface parking lot for the mall, says Mike Rohde, the mall's general manager. They expect to start construction in September. They're also in final negotiations with the department stores regarding construction of a 16 -screen, 3,500 -seat theater on a new third level -at the mall, he says. The city has approved the program. A new Dynasty Restaurant with 1,200 seats and a banquet hall large enough for 500 people is open and an Alexander's Steak House comes in April. The mall itself will also undergo extensive renovation and the addition of two new parking structures with 1,300 spaces, he says. Meanwhile, Menlo Equities has started construction on 107 condominiums across Wolfe Road from the mall. Those are to go on sale in September, says Jane Vaughan, a Menlo partner. She says she expects them to sell briskly. "There is huge demand for Cupertino housing," she says, and the Vallco renovation and expansions should only enhance the homes' value. More housing is likely in the vicinity as well. H -P, the city and high-end home developer Toll Brothers of Pennsylvania are working on a plan for a nearby 24 -acre site. URL: http://ms.nbc.msn.com/id/6926779/ Best regards, Rick Kitson Public Information Officer City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 408.777.3200 phone 408.777.3366 fax rickk@cupertino.org 2/9/2005 CITY OF CUPERTINO 110300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 .DEPARTMENT OF COMMUNITY DEVELOPMENT Application No.: GPA -2004-01, EA -2004-17 Agenda Date. January 25, 2005 Applicant: City of Cupertino ILocation/APN: City-wide Application Summary - General Plan amendment to revise the General Plan Recommendation: Staff recommends that the Planning Commission: 1. Discuss the Hot Topics in the Land Use Element as listed below 2. Continue this agenda item to February 8, 2005 3. Set a date for a study session to discuss the Land Use element. Staff recommends Tuesday, February 22, 5:00 (prior to the regular meeting). Background - The City Council authorized the Task Force Draft General Plan as the public hearing draft for the General Plan review. The Task Force Draft and other supporting documents were provided to the Planning Commission in September 2004. The City Council requested that the Planning Commission focus on the Hot Topics, as discussed in the Hot Topics Summary Matrix and Background Report. Discussion: Land Use Hot Topics scheduled for discussion at this meeting are shown below. Representatives from the Housing and Fine Arts Commissions will be at the meeting. Parks and ®pen Space and specific land use changes are scheduled for February 8. Housing The Housing Hot Topics are: ® Development Allocation ® Densities ® Balanced Community ® School Impacts ® Economic Impacts © Commercial Floor Area Ratio General Plan Amendment - Land Use Page 2 Fine Arts L The Fine Arts Hot Topic is: ® One -Percent for Art ordinance Please refer to the Hot Topics document in the General Plan binder and the current enclosures for more information on these topics. Staff will present additional information at the meeting, as will representatives from the two Commissions. Next Steps* A tentative schedule was previously provided to the Planning Commission. It has been revised, at the request of the Public Safety Commission, and is provided below. ® February 8 Land Use Remaining Land Use Issues, including Park/ Open Space Issues (with Park and Recreation Commission) and General Plan changes for specific properties ® February 22 Environmental Resources ® March 8 Circulation and Public Health and Safety (with Bicycle Pedestrian and Public Safety Commissions) ® March 22 Preliminary amendments to Task Force Draft and Draft Environmental Impact Report ® April 26 Recommend Approval of Draft General Plan and Draft Environmental Impact Report to City Council Enclosures. ® Task Force Draft General Plan, Hot Topics, Minority Report (provided previously, please bring to meeting) ® Additional "Public Art" information Prepared by: Ciddy Wordell, City Planner -> Approved by: Steve Piasecki, Director of Community Development Qplanning/ pdreport/ GPA -2004-011-25-05 ART IN PUBLIC PLACES CRITERIA BY CITY \ Berkeley ® Recommended in all public places 21 zlrx . ;_� �• � s „ ��'-� � � �` � � »,��eC$n�.,�, ? ;: ��'�� #,� .. �,' ryi � � � -? � � �% a ' _ �'�� . �� t � I➢ 1�� 1�EfJtiY� � >`�-�`, � , � � �za _ 3�j. 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Palo Alto 1977 ® All municipal No limits specified projects ® Planning Commission recommendations for private �projects Rcv+fi`.,fiP$'Y." �,,. �- �� Sy: � � `^! � I �.. � W"i•, S i �W" a C � ,b�x��i E:. �9Y�' $ ,'�^w `� Y £ .0.4:�� IS�C'di '�,f.G' f s . 1� � A. � 5 �� u•3 �� SF�ns 35 £l ik- "+ .4?S v »ted i � '' �. � (.'� its=is.'.5�. Ad hf 4�� f� 9 3` a E:. .�� '�.i'S iAY"�' �.y _ �g'P _�y . 3 .. °i��a``•'�k`°'. Mxz%<'. ^.�s.w.$ .i 3 z •r�}.�5�". .' <. �.?'sn. 4 3��` 1 (s�g� . 4 a,S-$131: �., Y. "'�'(i✓- Y"c Y @ Y^' ?x'-� S.H�. � e, $ A� y� �'f � - ,}: � %. �4 1' i%?"_nF4n z'aFPs P^:�3� F4 s i a � 4'T ^.� 5..%a '3' ¢ (Y¢i:9 �ff: �a��; d:'<�' ?5 d c.-.:l.'`'�".,. � ^`T�. si'i.'' si N IME Gyd d� 'v6,3,'xart.., .Ri .:add a. ras i xati rcy tas v .S ^4 s« aw _rf:fb? fs..v--s yf°y'P%':p!3iuR {}''Ff.... S' a fig:• ,,.. , '3 ":. c� .i ' ��d..�R', - -4 1. � � � 'ii jo '�'m ��,.,� u�, _ �"��I �S U �: 3 ef k Wit' • ' `� '�^" -£ � f. «� 7"'k .y S£ "�»(�"`s�yqq��^g. .' y,�' -�s yy)) i `3 ., ;,T.§. i._, efts ,,:.`i z: .. 'Er, :.Y 3 '✓%�,��.' ° � ` .j}i :.'3i : ., 3a IM, : 1�%d,1�., �Y `&€'. . ,��' �� , S f ""�4 �.�< ts� £ �a^'a � S• yt•� � r��p�cs,�.S � - �,SY; 3 � " .� k ' } , �c h "� *711 t�^"3: �� '. ri I9�9'� � .� � _�—� ..T%:s�;�,� "?•.. ✓�, e s� ,�%, w3 Y . �. �C-R. < ��"K "�. .Efr; �Sa'¢, �,�` 8s.,x.n�`� ew�'.. 3 14 x�s.'I ,�-�-- ,..- Sacramento 1983 ® Capital improvement 2% projects paid by the No ftfts City to construct or spedfied remodel any building, structure, park, or parking facility within the City limits. San Diego ® City departments negotiate in design and building projects . ,.. '�. �s,Z'•' �i '� � `La' }f �. D "� S+" ,yi}(� (� E � F i§� ufi fib' Z. San Jose 1994 ® Capital building and 2% $500, 000 minimum Parks construction project valuation; no ® City and maximum valuation Redevelopment criteria Agency as well as certain Agency assisted private development projects San Luis Obispo 1990 ® All CIP 1% No limits specified ® 50150 city match for private development (voluntary) San Mateo ® Strongly encouraged to include o Percent to be proposed Santa Clara ® recommend placements and purchase of public art Santa Cruz ® All eligible CIP 2% No limits specified Santa Monica ® All eligible 1% No limits specified Enterprise Fund CIP Solana ]Beach 2001 ® Scope not addressed Funding not addressed in in policy policy Stockton 2000 ® Municipal projects 2% No limits specified M < E� � � � •�e�'d1=a9'e ii9"i.. �. � M 3°�' "S�F7 k�£ X k' A ,•mitt. - 4 § � a%i � � t ,�M`S Tti� : $". - �..Fr o . � ° i �� - rg,'. �!- ��'d`"8v a�y��..�'.td 'l.Y; �" �� ; '4.��t d �?� b °Yk� � � ��y' f "� �`>�c 1��-' L; :�RcU [ t&��t t�5,�`i6' '•'� > `� S<. �y " yy - ��'.— •, �, moi/ .•pTi �i..,P�'+..x�� "°rr .:Ti. �S�.i d e, � &+ . • � �k `H M'��v ��""V. 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'�<. ��-,iv`.�� :" 4 w. -f � �. � .� � S .�...✓..,3,�^3d3'�^�Pv�:d2a„E:�e"SSa,x:�.k ,,, r. .; Albuquerque, Nle[ 1978 .au F:a✓. ....$�>, ;.., a,�ax,x�:i CIP projects 1% N limits specified *The California Supreme Court has determined that requiring developers to provide art in an area of a project that is reasonably accessible to the public is, like other design and landscaping requirements, a kind of aesthetic control well within the authority of the City to impose. The City could impose such a requirement by adoption of an ordinance which imposes the requirement upon a-7 A ;ml,-, December 2000 PUBLIC ART FUNDING I Developing Percent -for -Art Programs Brenda Brown and Mary Rubin, City of San Jose Office of Cultural Affairs n the late 1950s, a small group of Philadelphia citizens unintentional- -m ly started a revolution. Their idea was a simple one: set aside a small portion ® of the construction costs of public projects for the inclusion of artworks which would enhance what they considered to be the stark modernist '•'_ architecture of the time. From this MRS little-heralded heoinnino was born a r� movement that has overtaken `the count and become the rima rY primary method by which public art is funded in the United States. Stair #9 (199 5) Arquitectonica International After the Philadelphia Redevelopment Corporation Agency and City Council both passed Downtown Bus Terminal percent -for -art mandates in 1959, a Fort Lauderdale, FL number of other cities followed suit— most notably Baltimore in 1964 and San Francisco in 1967. The move- ment gained momentum in the 1970s and swept across America. Today; 300 cities, counties, states, federal agencies, and other govern- ment bodies have adopted percent -for -art programs, generating more than $200 million annually in public art support. This has resulted in the commissioning of thousands of public artworks. AMERICANS FOR THE ARTS SERVING COMMUNITIES. ENRJCHING LIVES. December 2000 Contributes to the enhancement of a cityscape, creates a sense of place, or improves the design qualities of public infrastructure. Fosters collective memory and gives meaning to place by recalling local and regional history. Enlivens public space by creating a sense of serendipity and discovery. Promotes local urban and economic development by.creating opportunities for local artists. Makes sense of communities by creating landmarks, directional elements, and defining neighborhoods and districts. Gives visual expression to local cultural diversity. Creates a sense of community identity through unique functional elements such as bus shelters, tree grates, seating elements, paving patterns, parking garages; etc. What is Public Art? Public art is different from studio art or art exhibited in museums and galleries. Public art is accessible to the public, it typically reflects an awareness of its site, both physically and socially, and, most importantly, public art involves community process in its creation. A wide variety of approaches to public art are possible. Some approaches emphasize integrating artwork into the built environment, others emphasize placing artwork in a plaza or on a wall, and still others involve the creation of temporary works in community settings. Depending on the needs of a community, one or a combination of the following approaches may be taken: Discrete object: The traditional approach of placing stand-alone sculptures, murals, or other artworks in public buildings, plazas, parks, etc., as a means to beautify and humanize the environment. Integration of public art and architecture: A multi -disciplinary design team approach wherein artists work on project teams with architects, engineers, landscape architects and other design professionals to design and create public projects, such as transit systems or waste water treatment facilities to achieve the highest aesthetic innovation. This approach may also result in artist -designed functional elements that are integrated into the project such as flooring, furniture, light fixtures, fencing, tree grates, etc. Master planning: Artists working with other design professionals, policy makers and community groups to identify specific opportunities for the integration of various forms of art within a specific project or urban context, such as transit systems, neighbor- hood redevelopment districts, airports, parks, and civic plazas. Urban design/place-making: Artwork projects that contribute to the enhancement of a cityscape, create a sense of place, or improve the design qualities of public infra- structure. Artist -designed freeway enhancements, bridges or parks are examples of such projects. - Temporary installations/sculpture: Non -permanent artworks that respond to a specific physical or social environment. Temporary projects can involve a single artist working with the community or hundreds of artists responding to the same subject matter. Arts and community development program: Artists working in communities to create public art projects that respond to the reality and integrity of those communities (e.g., artists working in social institutions, prisons, homeless shelters, with the elderly, youths). 2 AMERICANS FOR THE ARTS Monograph AMERICANS FOP, THE ARTS Public Art Selection Process The goal and the process of artist and artwork selections make public art unique in the art world. With some notable exceptions, the goal of the selection process is to identify an artist who will be commissioned to create an artwork, not to choose or purchase an existing artwork. This approach allows the commissioned artist and the commissioning agency to engage in an outreach process with the community early in the development of the artwork project. The artist can then design an artwork that responds to the specific physical and social context of the project. The process of selection is a Five Skaters (1996) Artists: Larry Sultan, Mike Mandel A commemoration of figure skating champions from the San Francisco Bay Area: Brian Boitano, Peggy Flemming -Jenkins, Rudy Galindo, Debi Thomas and Kristi Yamaguchi. Five. Skaters honors the art of figure skating, the local champions and others who have contributed to its vitality, tradition and popularity. San Jose, CA Open Call for Entries/Request for Qualifications (RFQ); The most commonly employed method of artist selection. Detailed informa- tion describing the project and how to apply are distributed and publicized through an RFQ. Artists submit a package that includes a resume and slides of their work by a specified deadline. A selection panel reviews submissions -and finalists are determined for interviews. The panel makes its decision based on the following: (1) aesthetic quality of artists' past work, (2) artists' demonstrated ability to respond to project site and context, and (3) the specific criteria for the given project. Limited Invitational Process/Curated Pool of Artists: In contrast to an open call or RFQ, staff develops a short list or pool of artists who are qualified to accomplish a commission, and invites these artists to apply. These artists are presented to the panel, along with artists who the panelists themselves suggest are appropriate to consider. The panel uses the same criteria'in making their recommendations as in an open -call process, and finalists are invited for interviews. A limited invitational process or curated Pool is used when the project schedule does not allow for an open call or when a specific set of skills is required. Blind Competitions — A Request for Proposals (RFP): a detailed package of information, often including site plans, photos and competition guidelines is issued. Artists design a proposal based on the guidelines in the RFP. Each proposal is given an identifica- tion number used by the selection panel during the review and selection process. The selection panel considers the project criteria outlined in the RFP when reviewing submitted -proposals. This method of selection is most often used for high profile projects of regional or national interest with ample budgets to support the process. One advantage to blind competition is that the process allows everyone an even playing field on which to compete. Once the selection panel makes its recommendation of an artist or proposal for the artwork commission, their recommendation is often reviewed for approval, by an arts commission or other reviewing body as designated by the governing ordinance. (safety mats) (1999) Artist: Jean Lowe San Diego, CA Artist Jean Lowe designed rugs for the North Operations Building and Administration Building at the Point Loma Wastewater Treatment Plant. These rugs are if the same type as the "Kex Mats" usually deployed throughout such a facility, but feature artist -designed imagery instead of ubiquitous safety slogans.' Lowe's rugs combine a straightforward use of decoration common to sources 'oseidon), transport (aqueduct, water bearer), utilization, disposal, cleansing and ndersea life. AMERICANS FOR THE ARTS December 2000 How is Public Art Funded? Public art programs can be funded by both the public and private sector. The majority of public art programs at the state, county, and city level are funded through a law or ordi- nance that sets aside a percentage of funds from the construction budget of what is known as an eligible capital improvement project. These "percent -for -art" mandates generally provide a percentage of total eligible capital improvement project costs for the acquisition and commissioning of artworks. While the details of individual funding ordinances vary, three common elements include: 1. Definitions of eligible capital improvement projects (CIP) Since public art program funds are made available through CIPS, defining the eligibility of such projects is a critical consideration, as it will have a large influence on the scope of the artwork project that can be accomplished. Think about the wide variety of building projects a city, county or state undertakes, and You will soon have an impressive list of potential CIPS to consider: office buildings, transit projects, libraries, schools, parks, airports, hospitals, street/sidewalk improvements, fire stations; county/state buildings, freeways and bridges. The type of project, identified as an eligible CIP, will also have a significant influence over the approach of the public art program it funds. That is, the broader the definition of eligible C1Ps, the broader the scope of the public art program. Minimum project value may be a defining Monograph constraint (e.g., only projects with budgets greater than $300,000 are eligible). The flexibility to pool public art funds from multiple smaller projects to create fewer, larger - budgeted projects should be considered as well. It should be noted that every public art project, no matter how small, takes signifi- cant staff resources to accomplish. 2. Percentage identified for public art projects The percentage allocated for public art projects typically ranges between 0.5 percent and 2 percent, which may also include project administra- tion and maintenance costs if these are not to be funded from the municipality's general fund or another source. In recent years, most new programs have allocated at least 1.5 percent of capital costs, which ensures sufficient funding to provide for both artwork and program administration. 3. Guidelines for expenditure of percent -for -art After defining what type of ClP is eligible and what percentage of that CIP budget provides funding for public art, guidelines regarding the specific use of those funds are the next consideration.. To begin, the total pool of percent -for -art funds must be appropriately divided into two funds: (1) administrative funds and (2) artwork project funds. Public art program administrative costs run between 15 percent and 20 percent of total percent -for -art funds, leaving a balance of between 80 to 85 percent to fund artwork projects. AMERICANS FOR THE ARTS Administrative costs are the costs associated with running a program (e.g., staff salaries, overhead, public relations) and the costs of managing a project from beginning to end (project development, artist selection, community outreach, artwork dedication and maintenance). Artwork project funds are often divided into design vs. fabrication and installation costs—typically at a rate of 15 percent for design and'85 percent for fabrication and installation. In addition, most art budgets factor a contingency of approximately 10 percent from the fabrication and installation budget for unknown or unforeseen project costs. Artwork project costs are any and all costs associated with the artist's responsibility to. design, fabricate and install the artwork project, and are typically facilitated through a contract directly with the artist.- Artwork project design costs include, but are not limited to, the -artist's design fee, research, travel, project proposal, engineering and construction documents. Artwork fabrication and installation costs include artist's travel, materials, studio overhead, subcontractors, fabricators, installers, site preparation, insurance and bonding. Advantages of the Percent -for -Art Funding Model There are distinct advantages to funding public art through the percent -for -art mechanism. It ensures that the level of artwork funding is commensurate with the size of the funding capital improvement project. It protects the artwork funds from budget cuts which can occur when public art funds are borne by a municipality's general fund. EE- a i c 0 0 s CE • Sin-ce artwork funds are determined in advance, early selection of artists and their involvement on project design teams can be achieved, and the artwork can become part of the fabric of the overall project, rather than an afterthought. • This approach is flexible enough to be adapted to the needs of a given community. The model allows for small scale, discrete objects in neighborhood .parks as well as architect/artist collaborations on large municipal buildings. Man of Fire (1998) Artist: Kim Yasuda The artwork commemorates Dr. Ernesto Galarza (1905-1984), scholar, poet, labor organizer, community leader and civil rights activist. San Jose, CA How to Get Percent -for -Art Funding in Your Community • Investigate whether a percent -for -art legislation already exists in your city, county or state (contact your city, county or state arts agency). (Vote that some municipalities have multiple overlapping public art programs. One city, for example, could have an active state, city, transit, and redevelopment public art program. (Contact Americans for the Arts for the Guide to Public Arts Programs in the U.S.) • Create a working group of volunteers with community -wide participation to investigate and pursue a percent -for -art funding ordinance. AME R1CAN S FOIZTHEARTS Decem • Contact public art coordinators in your region. (Vote that coordina- tors may be employed by agencies other than an arts program (parks, planning, redevelopment, etc.). • Attend a regional or national public art conference to further educate yourself about current public art issues. (Contact Americans for the Arts for information about upcoming conferences.) • Consider engaging an experienced public art consultant to develop a public art master plan for your community. Critical Issues to Consider When Crafting a Percent -for -Art Ordinance Try to include the broadest definition possible of an eligible capital improvement project in the percent -for -art ordinance. Making amendments to the legislation at a later time can be difficult; this will help avoid the need to do so. • Specificity is critical when defining which elements of the CIP are included in the public art calcu- lation (architectural costs, engineering costs, construction costs, etc.) and which elements are excluded, such as land acquisition. • Define the applicability of the ordinance: public projects only, public-private projects (such as those of a redevelopment agency), and/or private developments. Monograph Program Profiles The following profiles illustrate the diversity of percent -for -art funded programs. Seattle Art Commission, Seattle, Washington In 1973, the city of Seattle took a pro -active approach to including public artworks in its cityscape. According to its public art ordinance, which specified a 1 -percent set-aside for artworks, the mission of the pro- gram is "to integrate artworks and the ideas of artists into a variety of public settings" with the objective of contributing to a sense of the city's identity. One of the unique features of the Seattle model is,that eligible CIPS included utility plants in addition to the construction or remodeling of any building, structure, park, street, sidewalk, or parking facility. At the time, the inclusion of utility plants within the parameters of eligible CIPS was unusual for a public art program. Seattle's Viewland- Hoffman electrical substation is a pioneer project that set the precedent for the now widely adopted "design team" approach to public art. In a.design team project, artists are commissioned to work in collaboration with architects, engi- neers and other professionals to approach a project as a whole, and in which the artwork is integrated into the fabric of a CIP. In 1976, three artists, Andy Keating, Sherry Markowitz and Buster Simpson were commissioned to work 3 0 m` m T 0 0 L CL AMERICANS FOR THE ALTS Origin (1999) Artists: Brad Goldberg, Beliz Brother, Joe McShane San Jose, CA Origin explores the relationship between art and technology, and celebrates the . earth's basic natural resources as the foundation of technological innovation. with the engineers for the Viewland-Hoff man project. It was the /i/first time Seattle (or any public art program in the country) had nvolved artists in the conceptual design phase of a project. The artists' role was expanded beyond that of designing artworks for pre -selected locations to having an effect on the overall design and aesthetic of a project. The result was a whimsical integration of the artists' sensibility into every aspect of the substation—from security signage, to color -coding the pathways of electricity as a visual guide, to a series of whirligigs—throughout the entire sub- station. What might have been a case of NIMBY (Not in My Backyard) in response to a large, unattractive electrical substation in a suburban residential community instead became (and con- tinues to be) a popular neighborhood attraction and playground. Public Art and Design Program, Broward County, Florida In 1995, the Art in Public Places Program of the Broward County Cultural Affairs Council went through a master planning process J� which examined the existing art -in -public -places program and made recommendations for its future direction. The result was a shift of the program focus away from the more traditional place- ment of paintings and sculptures in public spaces toward the enhancement of urban design through artist participation on design teams. A direct result of the Design Broward master planning process is that artists are now brought into the CIP process at the same time as architects, and work with -the archi- tects as collaborators. Artists are also encouraged to reach out into the community in the early stages of the design process to ensure that the resulting art- works respond to community needs and perceptions The county's revised public art and design ordinance allocates 2 percent of the budgets of eligible CIPS for public art; broadens the definition of an eligible CIP to include the construction or renovation of any building (except detention facilities), park, highway or arterial, bridge or causeway, sidewalk, bikeway or above grade utility; and it also includes road beautifi- cation and beach restoration projects. The expansion of the program to include a variety of CIPs in addition to buildings is perhaps the most significant revision to the Broward County Public Art and Design Program. By applying the public art and design efforts to CIPS beyond buildings, the oppor- tunity has been created to effect, over time, the whole look of urban design in Broward. San Jose Public Art Program, San Jose, California The San Jose Public Art Program, funded by a two -percent mandate, emphasizes community input through an extensive public process.' While developing a series of commemorative art projects in the early 1990s, staff determined that a public process was critical to realizing meaningful projects, and that outreach to the public had a direct bearing on the •rele- vance of those projects to the community. Beyond commemorative projects, the San Jose Public Art Program is currently focused on the continuing development of the city's downtown, an airport expansion program, and a new emphasis on neighborhoods. All of these projects and programs include a public outreach process. December 2000 the first large-scale combined university -municipal library in the country. The artwork, by artist Mel Chin, is a series of sculptural insertions that pay homage to the book collection and the world of ideas that the library makes available. The insertions will be scattered throughout Years of refining community process are culminating in the development of public art for a new main library -one that will be AMERICANS FOP, THE ARTS Viewiand/Hoffman Substation ('1979) Artists: Andrew Keating, Sherry Markovitz, Lewis "Buster" Simpson (whirlgigs by Emil & Veva Gehrke Architect: Richard Hobbs (principal), David Rutherford (project manager), Hobbs/Fukui This was the first major capital improvement project in Seattle that actively included the artists in the design phase. The purpose of the artists' inclusion was to the humanize and soften the substation's impact on the surround- ing residential neighborhood. Hailed as a landmark project in the public art community, the Viewland/Hoffman Substation continues to generate interest. Seattle, WA Monograph the library, provoking curiosity and initiating further exploration of the book collection. The goal of the art- work is to explore where culture and ideas come from through an exten- sive and collaborative dialogue with the community. Working with a multi -disciplinary team of scholars, students and community members, Chin is facilitating discussions on a range of personal and civic issues that help define how the community sees itself. These forums are a catalyst to inspire ideas behind the artworks themselves. Samples of the concepts developed to date include the following: True and Through: A 130 foot=tall Dawn Redwood tree, currently existing on the site,,will have to be cut down to accommodate the building. Responding to the community's distress over losing the tree, -the artist will mill the tree and clad a series of columns within - the building from the lower level through the eight stories of the building, essentially creating an eight story interior tree. Roundup: Referencing the history of San Jose, 81 leather chairs will be branded with the 27 historical cattle brands from the original San Jose rancherias. The chairs will 'wander freely' on the second floor of the Library. City of San Diego Commission for Arts and Culture, San Diego, California A few innovative approaches to funding public art through municipal CIPS are being explored across the country as the value of artists' design AMERICANS FOR -THE ALTS Artwork for Mexican Heritage Plaza (1999) San Jose, CA Artists: Ann Chamberlain and Victor Mario Zaballa contributions are gaining recognition and acceptance. The City of San Diego Commission for Arts and Culture is an example of a public art program whose funding is not governed by a percent -for -art ordinance.. While the city council policy, Artists Involvement in Selected Capital Improvement Projects, adopted in 1992, legislates artist involvement at the inception of CIPS, the artist's involvement and fees are negotiated on a project -by -project basis. Artists are typically under contract to the project's prime ' design consultant (the project architect, engineer, landscape architect, etc.), although in some cases the artist is the lead consultant, hiring designers as sub -consultants. This procedure encourages a comprehensive approach to design aesthetics by including the artist's involvement on the design team. Fabrication and installation costs of the artist -designed elements are drawn from the construction budget and are fabricated by the building contractor, or a separate agreement is negotiated with the appropriate fabricator (artist or other). The City of San Diego Metropolitan Wastewater Department (MWWD), in partnership with the commission, committed to hiring an artist as the lead consultant to develop a comprehensive plan to mitigate the visual impact of an existing wastewater treatment plant. Lead artist Mathieu Gregoire selected a team of sub -consultants that included artists (painter, colorist, sculptor, poet and composer) and designers (architect, engineer, landscape architect). In 1996, the team published a precedent -setting com- prehensive plan for the aesthetic development of the 30 -year-old plant, including design recommendations and proposals for public artworks for the existing structures and for the new multi-million dollar upgrade and expansion. It is important to note that by January 2000, through the commitment of MWWD and the commission and with support from the National Endowment for the Arts, all the recommendations made by Gregoire and his team have been realized or are in -progress. The comprehensive plan contains a broad range of recommendations, including: a color scheme for repainting the plant that harmonizes it with the natural landscape; terrazzo floor designs, floor mats, and sandblasted walkways using imagery related to nature and the function of the facility, poetry about the site etched into handrails, concrete walkways, walls, and glass throughout the site; a series of nighttime construction photographs that reveal an aspect of the site that is not seen by the general public; a landscape plan that includes a new entrance, parking areas, and pedestrian circulation; and architectural guidelines for building types. Resources Allen, Jerry and Murphy, Jennifer, Design Broward: Public Art and Design Master Plan, Broward Cultural Affairs Council, Ft. Lauderdale, FL, 1995. Allen, Jerry and Gustin, Mickey, Visual Dallas, Office of Cultural Affairs, Dallas, Tx, 1987. Dubin, Steven C., Arresting Images: Impolitic Art and Uncivil Actions, Routledge Publishers, London, 1992. Deutsche, Rosalyn, Evictions Felshin, Nina, Ed., But Is It Art? The Spirit of Art as Activism, Bay Press, Seattle, 1995. Americans for the Arts, The Public Art Directory: Your Guide to Programs Across the Kramer, Jane, Whose Art is It? Duke United States, Washington, D.C., 1996. University Press, Durham, NC, 1994. Bach, Penny Balkin, Public Art in Philadelphia, Lacy, Suzanne, Ed., Mapping the Terrain: Temple University Press, Philadelphia, PA, New Genre Public Art, Bay Press, Seattle, 1992. 1995. Bonton, Richard, Culture Wars: Documents Lippard, Lucy, Mixed Blessings: New Art in a from the Recent Controversies in the Arts, Multicultural America, Pantheon Books, New New Press, New York, 1992. York, 1990. Cleveland, William, Art in Other Places: Artists Lippard, Lucy, Overlay: Contemporary Art at Work in America's Community and Social and the Art of Prehistory, Pantheon Books, Institutions, Praeger, Westport, CT, 1992. New York, 1983. Cruikshank, Jeffrey L and Korza, Pam, Going Mitchell, W. J. T., Ed., Art and the Public Public: A Field Guide to Developments in Art in Sphere, The University of Chicago Press, Public Places, Arts Extension Service, University Chicago, IL, 1992. of Massachusetts, Amherst, MA 1988. Peter, Jennifer A: and Crosier, Louis M., The Doss, Erika, Spirit Poles and Flying Pigs: Public Cultural Battlefield: Art Censorship & Public Art and Cultural Democracy in American Funding, Avocus Publishing, Inc., Gilsum, NH, Communities, Smithsonian Institution Press, 1995. Washington, DC, 1995. December 2000 Public Art Review, Published semi-annually by FORECAST, St. Paul, MN. Raven, Arlene, Ed., Art in the Public Interest, UMI Research Press, Ann Arbor, MI, 1989. \/Senie, Harriet F. and Webster, Sally, Critical Issues in Public Art: Content, Context and Controversy, Harper Collins Publishers, New York, 1992. People for the American Way, Artistic Freedom Under Attack, Washington, DC, 1994. Public Art Reference Manual, California Arts Council, Sacramento, CA, 1995. AMERICANS FOR THE ARTS 10 A Reference aefpe ena G.ye for n sti eloping slpn4 . Public Art Programs Ga E C: bi _ l _'ti Traditionally, public art has been exactly that --art in public places. A heroic soldier in the park, a bronze eagle in the bank, or a decorative relief on the fagade of city hall. While traditional works like these represent the foundation of public art, contemporary public art has grown to encompass a wide range of innovative concepts, projects and programs. Historically, one might use the Statue of Liberty is a good example of "new" art born from traditional ideals. A gift to the United States in 1885, it took over 20 years for F. A. Bartholdi to develop, design and create the world famous statue. Although his heroic image of liberty was based on figurative sculptures of the past, its representation of freedom as a woman was unusual in the United States and became cause for debate. People were afraid she'd look tired or old and be less than heroic. Rumors, misperceptions and concerns over its "contemporary" nature created intense controversy in the 1880s and the sculpture was nearly rejected. Now, almost 120 years later, it is one of the most recognizable examples of public art in the world. Today, public art includes "traditional " monuments and decorations along with a broad spectrum of unique projects and programs. In many cases, artists are included early in the design process or as part of the design team, and community leaders work to include and educate the public throughout the development of projects. With these and other new strategies, more often than not, public art becomes a source of pride and enjoyment for visitors and residents of the cities and communities it inhabits. At the start of the new millennium we've learned that a comprehensive public process is often the key to successful public art projects. Some works, like the Statue of Liberty, have world-wide impact while others may identify a city or simply brighten a neighborhood. There are many examples of successful permanent and temporary public art projects throughout the nation: The "Chicago Picasso " in Chicago's Civic Center Plaza; unique benches and bus shelters adorning parks and sidewalks across the country; photographs, films and television programs projected on the side of buildings by artists for viewers gathered in the street; artists, architects and designers collaborating to transform land fills into scenic parks; street musicians and performers entertaining lunch time crowds; a garden designed by an artist and a scientist that will help remove toxins from soil; busses painted by local citizens to celebrate and add vibrancy to city life; a quilt with sections made by people from around the world that travels the country to raise awareness about AIDs; The "Gateway Arch " on the shore of the Mississippi River... Ste Louis RegionaR Arts Commission 3540 Washington Ave,, Ste ]Louis, MO 314-652-5511 Regional Arts This publication is available for downloading at: www.art-stl.com s� Los°n Stature of Liberty "Back in America, fund raising for the pedestal was going particularly slowly, so Joseph Pulitzer opened up the editorial pages of his newspaper, "The World" to support the fund raising effort. Pulitzer used his newspaper to criticize both the rich who had failed to finance the pedestal construction and the middle class who were content to rely upon the wealthy to provide the funds. Pulitzer's campaign of harsh criticism was successful in motivating the people of America to donate." -The National Park Service, Statue of Liberty and Ellis Island Gateway Arch -- Jefferson National Expansion Memorial CONTENTS PUBLOC ART PROGRAMS PERCENT -FOR -ART PROGRAMS ........................>.........................................................I -Mandated Percent -for -Art Programs -Voluntary Percent -for -Art Programs - Partnerships and Collaborative Public Art Strategies ARTS IIN TRANSIT/CIVIC DESIGN PROGRAMS ..........................................................2 -Atr>rasa/A>rchittech/1EngMee r Design Weans PUBLIC ART LOAN PROGRAMS ........................................................o..........................2 -Long Term Loans -Short Term Loans -General responsibilities of each party and estimated costs for loans -Collections COMMUNITY PROGRAMS, PARTNERSHIPS, PS, SCO LILAICO ATIONS........................3 -Education t ionn Coll bo rat ionIls/lPartnnershipDs -Community Projects THE SELECTOON PROCESS PUBLIC ART COMPETITIONS .......................................................................................4 -Request for Proposal (RNP) P) -invitational PROJECTS CONTEMPORARY Y IP>ZTBIC I C ART PROJECTS IN THE UNl[')<'IEpD STATES ..................4 -3-pD Chicago / Pier Walk -Denver International Airport tt / Terry Allen -Buster Simpson, Host Analog -Agnes I(Dennes, Wheattffneld - A Confrontation -Maya Lin, The National Vietnam Veterans Mennn®n nap -The AIDS Memorial Quilt FREQUENTLY ASKED QUESTIONS ONS...............................................................................6 ELEVEN S'><']ElP PUBLIC ART PLANNING MANUAL ....................................................8 RESOURCES.....................................................................................................................12 ARTICLE: 66lLegall Issues Surrounding Public Art Contracts" ........................................13 PUBLOC AR7 PROGRAMS PERCENT -FOR -ART PROGRAMS AMS Percent -for -art programs encourage or mandate that a percentage of the construction budget for public buildings and sites be used for public art. There are over 225 catylcounty and striate percent -for -art programs in the US. Historically, projects developed through this process have included sculpture, fountains, photographs, paintings, murals, bas-relief, floor designs (terrazzo, tile, etc.), specialized lighting, and text (poetry, quotes, etc.). More recently, projects have included landscape design, sound, video, and interactive computer and video kiosks. Many projects are integrated with structural or design aspects of a building or site, and might include handrails, window designs, light fixtures, landscape designs, railings, columns, etc. They might also be incorporated in daily operations—musical sounds added to announcements in recorded airport instructions, unique benches, or creative signs that help guide visitors. Mandated Percent -for -Art Programs - The typical percent -for -art ordinance stipulates that a percentage (typically 1 to 3 %) of the cost of constructing or renovating a public building or site (or a capital improvement project) shall be set aside for artwork. This allows one or several artists to create artwork in the building and/or on the site. In many cases, artists work as part of a design team with architects and engineers. This minimizes costs by integrating the design work with the construction process. (In many cases, an artist designed railing, light fixture, or floor design is no more expensive to fabricate than "stock" products.) Historically, public art projects that include community participation and support are the most successful. In most cases, these programs are. administrated through city government with a selection committee and a thorough selection process. Education programs often evolve from these projects which increase community awareness, participation, and support. General Cost Range per project. $5,000-$1,000,000 Voluntary Percent -for -Art Programs – These programs are privately sponsored by corporations, owners and/or architects with the recognition that art and design projects greatly enhance the environment of buildings and grounds. Enhancement of space and artwork increases attractiveness; thereby attracting tenants, increasing employee morale, and encouraging a greater sense of community. It also increases corporate visibility, and improves owner image. In some cases, there is an investment factor --works of established artists will appreciate over time. For many voluntary art programs and projects, a private art advisor/consultant is contracted to coordinate the process including: project/program design, budget, selection of the artist/s, artist contracts, insurance, documentation, committee and community involvement, public relations, and installation of art work. General Cost Range per project.- $-7,000-$250,000 ,Partnerships and CoUaborative PubRic Art Strategies – The programs listed above represent the fundamental processes behind public art programming. To enhance these programs, many public art projects benefit from partnerships, collaborations and/or collaborative funding strategies. For instance, a transit program or mandated percent -for -art program might seek a grant from a local arts commission or private foundation to pay for the cost of printing a request for art work; public or private land might be donated as a site for public art; private donations might be collected to fund the maintenance/preservation of artwork; in-kind donations of equipment rental from private construction companies might be used for the installation of art work... ARTS IN TRANSIT/CIVIC DESIGN PROGRAMS These are programs developed specifically for transportation projects. Generally, they are funded through percent for art ordinances and/or individual project grants. Public art in this category includes a range of projects from bench designs and mural projects to bridge and railway station designs. Artists may be asked to create a specific work—benches, wall tiles, murals, railings, window designs, objects at rail stations, etc.—or work as part of a design team with architects and engineers to integrate artwork into the facility—columns, lighting, structural components, brick designs, sidewalk designs, etc. This adds a new perspective to the design process and allows for a wider range of design solutions. General Cost Range: $5000 a $500,000 Artist/Architect/Engineer Design Teams Collaborative design teams are often part of a percent -for -art, transit program or private projects. Artists work with architects, designers and engineers throughout a project to develop aesthetic and creative design solutions. Through this process, the team affects the aesthetics and design differently than an individual architect might. Locally, these team/collaboration projects have been successful in the development of the St. Louis area Metrolink stations. General CostRange: $5000-$500,000 PUBLIC ART LOAN PROGRAMS Art loan programs give the borrower (such as building owners, business associations, neighborhood associations, cities, etc.) the opportunity to temporarily display work on an on-going basis. In community settings this is an opportunity to educate people about public art and how it can enhance their surroundings, foster dialogue and encourage a greater sense of community. It is also an opportunity for focal and regional artists to show their work. Chicago's Pier Walk exemplifies this. In 1995, three sculptures were displayed on Chicago's famous pier, on loan from individual artists. Because of its popularity, just three years later, during the annual event, 175 sculptures were displayed for six months and seen by over a million people. Long -Term Loans include a loan agreement with artists, art museums, private collectors, galleries or art organizations to borrow works of art (generally sculpture) for a period of a year to an indefinite amount of time. Short -Term Loans include a loan agreement with art museums, art organizations, galleries or individual artists to place art in a variety of places for periods from 1 month to a year or more. This offers an opportunity to showcase local artists, and can be combined with festivals and events to gain more attention and add a unique sense of fun and collaboration to a site. General responsibilities of each party and estimated costs for loans: A loan agreement will be required by the lender which will specify the period of the loan, maintenance/vandalism responsibilities, insurance requirements, round-trip shipping, and any other specifications and responsibilities required by either party. Below is a list of common responsibilities for the lender and borrower. A variety of circumstances can arise for borrowing and loaning art, other agreements can be negotiated between parties. Lender Responsibilities: ® Shipping? ® Work should be shipped in the best condition o Provide current maintenance records 0 Specifications for maintenance/conservation ® To voice concerns to the borrower 2 Borrower Responsibilities: ® Shipping, shipping insurance (Generally not the responsibility of the lender.) o Site preparation a Concrete pad as base (for sculpture) o Equipment for moving and installing work Crane Track/trailer Labor ® Maintenance and or Conservation during the loan period Insurance Special considerations Sod replacement/sidewalk repairs Special fabrication for mounting/Hardware Cost Range: Costs vary according to the size of the work, its location, and the complexity of installation. A large metal sculpture (horse and rider scale), shipped from a location 200 miles away and installed on a concrete pad, might cost between $500-$5,000 for shipping and $500-$5,000 for installation. Personal Art Collections - Sometimes art collectors seek unique venues to display work from their collection or, upon their death, will their collection to interested parties. In these situations, a long or short- term loan can be arranged or the work can be accessioned by a town or city agency. COMMUNITY PROGRAMS, PARTNERSHIPS, COLLABORATIONS IONS Community and education programs are gaining attention for their impact and long-term educational value. Partnerships between individual citizens, arts organizations, communities, schools, and businesses are producing innovative solutions to many social challenges. e Education Collaborations/Partnerships - Arts organizations, museums, schools, and/or artists can be selected to develop independent or collaborative education programs which include public art projects. These projects are generally scheduled to occur during the academic year and include a public celebration after the installation of the work. With the involvement of students and residents, these projects are generally well received by the community and sometimes become annual events. Examples include school murals, community gardens, sidewalk designs; painted dumpsters, etc. Grants, private donations, schools, and collaborative organizations support these programs. Basic costs include payment for -the artist/s, materials, equipment, printing (announcements or flyers), and food & drink for a reception. Many public artists seek opportunities to work with students, community groups, and neighborhoods to develop projects. Several of the famous Los Angeles murals were created collaboratively by the artist Judy Baca along with young people from surrounding neighborhoods. Cost Range: $500 - $250, 000 Community Projects Communities interested in neighborhood improvement can sponsor community-based public art programs. Working with local artists, architects and landscape designers, they can develop enhancement projects or include programs for new construction. They can also develop partnership programs working with local businesses, churches, organizations, schools and/or area youth to promote temporary and permanent enhancement projects. 3 T0-IIIE SIELECTOON PROCESS PUBLIC ART COMPETITIONS (see page 8 for a public art project planning outline) Once a decision is made to add artwork to a building or site, consideration of the appropriate media (sculpture, landscape design, painting, etc.) should be developed along with criteria (environmental, structural, aesthetic, etc.) for the work. This might be very specific or left open for the artist to develop ideas. Once this phase is completed, the process for selecting an artist begins. There are two primary Ways to select artists: Request for Proposal (R.F P) or Request for Qualifications (RIFQ) - When a new project has been defined and the criteria set, requests for proposals are sent to artists regionally, nationally or globally or some combination of the three. These requests specify the information and format the artist must follow to submit his or her proposal. Generally, background information (resume, slides of earlier work, newspaper articles, etc.) is requested along with sketches and a written description of the project. Cost Range for selecting artists: $500 - $50,000 In addition to artist's fees, material costs, construction and installation costs, and housing when applicable, there are also expenses related to the selection process. Selection committee members are sometimes paid an honorarium for their time. If artists are selected nationally there may be airfare and hotel costs, and finalists (3 to 5) receive an honorarium for final proposals — generally $500 to $2000. Invitational - The RFP process (above) is time consuming. In some cases, rather than reviewing a large number of proposals, a smaller number of artists can be invited to submit proposals. These artists can be located through a variety of means including review of current public works, contacting local arts organizations, speaking with local arts professionals and/or contacting national organizations. Although this is the same basic selection process as the RFP, it reduces the office work and time needed to interview a large number of artists. Cost Range for selecting artists: $1,000 - $75, 000 Invitational projects often include artists with established careers, which usually means they come at a higher expense. Cost also reflects miscellaneous expenses like daily stipends for visiting finalists, hotel costs, airfare, etc. PROJECTS CONTEMPORARY PUBLIC ART PROJECTS Public art has evolved from its decorative and monumental roots to include contemporary projects ranging from gumball machines that dispense works of children's art to scientific land reclamation projects and transit design. Some unique public art projects include: ® 3-I(D Chicago -The Pier Walk series has become an annual event of an "open air" display of sculpture on and around Navy Pier in Chicago. In 1998, 175 sculptors from around the US exhibited their work. Sears, Roebuck and Co. sponsors the project, which draws thousands of visitors each year. http://www.pierwalk. coin/ ® Denver International Airport (Project — a percent -for -art program was established specifically for the construction of the new Denver International Airport. With a budget of over $7.5 million, 40 artists and 80 committee members were involved in the development, selection and installation of artworks throughout the airport, in transit tunnels, and outside the airport. Terry Allen, artist— His Notre Denver project includes humorous gargoyles sitting in suitcases mounted on the walls in the new Denver International Airport. http://www.,�,-reenmuseum.org/artist index.php?artist id=21 4 o Portland Convention Center / buster Simpson, artist— In Host Analog, commissioned for the Portland, Oregon, Convention Center, Simpson is in the process of creating a forest of trees from an eighty foot long Douglas fir "nurse" log that was cut some thirty years ago and then not used as lumber. The rotting log provides an excellent growth medium for sprouting seedlings. Simpson has planted seeds of Western red cedar, Douglas fir, and hemlock directly on the log. http://www.greenmuseum.or)z/artist index.php?artist id=21; http://www.bustersimmon.net/ ® Battery Lark Landfnlli, New York City / Agnes Lenes, artist — In a work called Wheatfield — A Confrontation, Denes planted and harvested 1.8 acres of wheat on a landfill near the World Trade Center in New York City. The Wheatfield project was a stark visual contradiction: a beautiful golden field of wheat set among the cool steel skyscrapers of downtown Manhattan. The harvest yielded 1000 pounds of grain, which was fed to police horses. http://www. batteiyparkcity.ora/public.htm ® Washington LC / Maya Linn, architect — Vietnam War Memorial At the age of 20 and still a student at Yale University, Lin won a national design competition for the Vietnam Veterans Memorial. Under a complicated and politically messy process, the famously simple but moving piece was erected and has become one of the most visited National Monuments in Washington DC. http://w-i4,w.vietvet.orgltliewall.htm 0 The AIDS Memorial Quilt — The largest on-going international community arts project in the world. Each of the over 41,000 colorful panels in the Quilt was made to remember the life of a person lost to AIDS. The quilt continues to grow and is supported by a web page with information about aids and aids research. < http://www.aidsguilt.orgh 5 FREQUENTLY ASKED QUESTIONS "y public art? Placing art in public places is as old as humankind. From cave paintings and pyramids to monuments and architectural design, art has always been a part of the public realm. In contemporary society, public art, and the community participation which often accompanies it, contributes to the identity of a city. In the same way that people work to decorate their homes, public art offers visual appeal, pride, a sense of celebration, fun, and often represents the health and wealth of the city it inhabits. Where does the moneys comm from for a percent for art project? Recent public art ordinances allocate a percent (1 to 3%) of the budgets of eligible capital construction projects for public art. (In most cases this includes any publicly funded project over 1 million dollars.) The money is placed in a separate, interest-bearing public art and design trust fund. (The trust fund is also authorized to accept gifts, donations and grants or funds for public art and design purposes.) Interest accrues to the benefit of the public art and design program. This money is then allocated for administration, programming, fabrication, installation and maintenance/preservation of art work. Wbo should administrate public art programs? There are several models for public art administration. At the city/county level, public art commissions or cultural affairs councils --with the support of additional staff members --are created separately or within an existing government agency (Mayor's Office, Board of Public Service, for example) to oversee projects. In many cases, existing arts councils and commissions assume the responsibility by adding one or two staff people. In addition to budgeting and general office administration, the responsibilities of these commissions generally cover the following: ® Act as a team leader for city project managers, architects, professional design teams, community representatives and artists ® Assist in determining an appropriate artistic medium, as well as site opportunities and limitations ® Contract negotiations, budgeting, payment schedules and insurance requirements ® Define the artist selection process eligibility and criteria ® Support an artist mailing list and slide registry 0 Prepare bids and place announcements in appropriate publications; inform artists of opportunities o Develop selection process guidelines to ensure equal access for artists of all backgrounds ® Identify qualified volunteers to serve on selection/advisory panels and oversee the panels ® Develop maintenance guidelines and act in accordance with professional conservators to maintain collected work Examples: City of Columbia, Office of Cultural Affairs in Columbia, MO; Mayor's Commission on Art, Culture and Film in Denver; Kansas City Municipal Art Commission, Kansas City, MO, Seattle Arts Commission; The Cultural Arts Council of Houston/Harris County; The San Francisco Art Commission; The Pheonix Arts Commission; Broward County Cultural Affairs Division, Broward county, FL; City of Atlanta, Bureau of Cultural Affairs; Office of Arts and Culture, City of Philadelphia, Scottsdale Cultural Council, AZ; Virginia Beach Arts and Humanities Commission, VA; Las Vegas Arts Commission, NV; etc., and many state arts councils. How is an artwork selected? The public art program administrator keeps a list of potential committee members (if additional time is required, selection committee members are sometimes given an honorarium) who are asked to volunteer on selection committees. Committee members might include an artist, elected city official, school administrator, teacher, local newspaper staff, a leader from the religious community, business leader, bank official, students, community members, and an official from an anchor business in the community. The selection committee surveys the site/s and reviews the artist's proposals. Once finalists (3-5) are selected, Ce they are asked to create models of their proposal and make a formal presentation to the committee. The committee is responsible to evaluate the work for its esthetic quality, construction quality, appropriateness to the site, and engineering/logistical criteria. After an artist is selected they are required to adhere to the criteria established for the project. Can a proposal/public art work be rejected? Yes. After the proposal has gone through the selection process there shouldn't be a need to reject the work. If however a problem arises, the artist is given the opportunity to modify the work or withdraw from the project. After installation, a work can be deaccessioned (removed from the collection) by the public arts commission after going through a deaccessioning process established by the public art commission. wwat is the economic impact of public cart? Of funds allocated to a project, a percentage goes to: 0 Artist's fee/s, travel, per diem and hotel 0 Insurance (if applicable) 0 Suppliers, engineers (if applicable) construction and installation (materials, labor, contractor's fees, equipment rental, etc.) 0 Maintenance 0 (In many cases a percentage also goes to neighborhood and community projects) According to Washington State % for Art Research, for each Percent for Art project money expended: 0 6-6.6% is returned in sales tax 0 42-43% goes to direct purchase of materials 0 9-10% is spent on overhead (studio, utilities, etc.) 0 30-37% goes to pay salaries and wages of artists and subcontractors for fabrication/installation work How much does the artist wake? Some people fear that the artist gets all the money budgeted and can do whatever they want with it. This isn't true. A professional artist is required to act much like an architect—develop a proposal, fulfill engineering criteria and specifications, and work with other artists and contractors to create and install the work. The artist receives a fee for their work as does the architect, suppliers and contractors. K%at-'s an RFP or RFQ? RFP is an acronym for Request for Proposal. RFQ is an acronym for Request for Qualifications – seeking information from artists for several projects or future projects when a specific proposal is not necessary. (See page 6, The Selection Process) 7 1® Call for Artists Resource Guide from the University objected to this ruling because it affected their children. At this time, an anonymous donor gave money to construct a pool at the Community Center. The first paid director of the Negro Community Center, Lucille Caldwell, was hired in February 1951. Ms. Caldwell served for 12 years and was the first Negro professional recreation administrator in North Carolina. Since 1959 many additions and improvements of the facility have been made. The Hargraves Community Center is comprised of a main building which houses the administrative offices, meeting rooms, and a day care center. Three tennis courts, a gymnasium, an outdoor basketball court, playing fields, pool, and pool house are within close walking distance to the main building. In January 2002, the Town authorized a more. than $1,000,000 renovation project for the Center. Additional Information If you have any questions or need any additional information, please call Karen Slotta at 919.968.2888 ext. 377 or e-mail kslotta@townofchapelhill.org.. Public Art Network www.AmericansForTheArLs.org SUNDAY, -JANUARY 2, 2005 til SP 6Q 4beneve17 hat e wan 9 lle a _,z o. the.� wets BIASES TOWARD BUSH, CLINTON SERVE AS .TIMELY EXAMPLES . LEI�� Re- Rtmnsfeld to prove his case. Re- spondents were asked if he should have that right. Some were presented with strong "evidence" coroborat- By Leonard Pitts Jr. h g the soldiers story Others A question for my Republican had only his word to go on. friends: Would you still love But the strength or weakness George W. Bush if he were Bill of the evidence turned out to be Clinton? immaterial. Researchers were Seriously. If it were Clinton who had invaded Iraq based on able to predict people's opinion over so percent o£tlhe t me based erroneous intelligence, Clinton simply on their opinions of the decisions had led to the Bush administration, the GOP, .whose deaths of more than 1,200 sol- the military and human rights diens, would you be four-square groups. Those who had less af- fection for the president sided behind him the way you are Bush? you still support with the soldier even when the .Would hum even as he is vilified by half evidence was weal, And fans of the country and much of the ' the president tended to side with world? him even when the evidence was And for my Democratic overwhelming. £fiends: Would you have felt the Other factors same about Clinton bad be been Bush? - We believe what we want, facts Had it been Bush who had an affair with a White House intern, be damned. "The scary thing," says West - Bush who looked the nation. in en, "is the extent to which ,you . the eye and lied about it, would can imagine this influencing jury yon have been so willing to forgive? Would you still have We lil<e to see ourselves as principled opposed rernoving types who sift the facts before him from Office? formin an opinion. But for most of us, p In other words, are youguultyofdou- this Is pure poppycock ble standards and outright bias? decisions, boardroom decisions, I'll save you the trouble: Yes. That's not what our self-image political decisions." I'm reminded of a colleague of says, of course. We like to see mine who says we Americans in - ourselves as principled types who sift the facts before forming creasingly seem to embrace sep- arate "truths," reflecting not ob- . an opinion. But for most of us, jective reality, but political orien- this is purepoppycock. We are talion. Some of us even get our perfectly vvilln�g to ignore arty fact that contradicts what we be- news exclusively from those sources that affil mr our truths. lieve. He calls it living in alternate real- ities. A soldier's story It's because of that separate - Maybe you aheady knew this ness that there often seems to be intuitively. Novi call. know it no moral center or intellectual ,you to a scientific certainty coherence to much of what pass - For which you can thank Drew es for public discourse these., Westen. He's a professor of psy- chology at Emory University, au- days. Our principles are situa-" tional, our willingness to marshal ; thor of a- new and still-unpub- critical thought goes off and on , lishedstudy testing whether peo- . like a light switch.'WeT believe', ple make decisions based on bias — or not believe — whatever it or fact. Bias won hands doom.. takes to win the argument. VF a key scenario, respondents nung it is all that matters. were led to believe a soldier was And never mind that its per-:, accused of torturing people at . fectly possible to win the argu- the Abu Ghmayb prison in Iraq. The fictional soldier claimed to ment and still be wrong. Westen laughed when I told have been following orders from him I found his study depressing. superiors who told him the. Gene- If there's a silver lining, it's the 15 va Convention had been sus- pended. He supposedly wanted or so percent ofrespondents who ; actually bothered to consider the to subpoena President Bush and evidence when forming their Defense Secretary Donald opinions. We'd all be well advised to follow their example. Forget what you want to be-. LEONARD PITTS JR. is a columnist For . lieve. Seel, the truth and have the the Niiami Herald. courage to believe that. Newshe i 86 THE BUSINESS JOURNAL sanjose.bizjournals.com NOVEMBER 26, 2004 CIM plans for San Jose zomplex By ROBERT OIf UILONS rmuilins @ bizjournals.com The public will get a chance Wednes- day to see more details of San Jose's lat- est downtown redevelopment project. Updated plans for a combination resi- dential and retail development along East San Fernando Street between South Second and Third streets will be available for review at a Dec. I. public meeting hosted by CIM Group, the de- veloper of the $200 million project, and the city's Redevelopment Agency. The site, which is currently a parking lot, will be turned into over 300.condo- miniums in two high-rise buildings plus a small number of townhouses, says John Given, a principal with Los Angeles -based CIM. Two above -ground parking struc- tures adjacent to each tower will have a total of 525 parki ng spaces for residents. Another 420 spaces below ground will be available for visitors to the project's 68,000 square feet of retail space, Mr. Givens says. CIM is talking to a number of retail- ers, but Mr. Givens declined to identify them because no leases have yet been signed. CIM wants the retail to serve both downtown residents and visitors. "We need downtown San Jose to provide both additional shopping and household kinds of services that en- hance the- livability for residents," he says. But CIM also wants soft goods retailers and clothing stores to draw other shoppers. A grocery store is likely to be included, although 68,000 square feet is , relatively small for a major supermarket. The development will be bisected by a new street parallel to San Fernando that will provide access for visitors to the storefront retail, he says. Another one of CIM's "Heart of the City" developments is already under construction two blocks away. There,.a $31.7 million combination retail -condo- minium is rising in the block bounded by Second, Third, San Fernando and Santa Clara streets. The public meeting on the newer project is set for. 6:30 p.m. to 8:30 p.m. Wednesday, at the Dr. Martin Luther Ding Jr. Library at South 4th Street and San Fernando, room 225-A. D$®OtERT i1 1111 IMS covers small business, telecommunications, education, retail and media for the Business Journal. Reach him at (408) 299-1829. V UUURItJI URI URUUI PROPOSED PROJECT: ClIM Group plans to build this mixed-use p olect at (Third and Sae Fernando streets. io The Menus THE BUSINESS JOURNAL sanjose.bizjournals.com DECEMBER 17, 2004 ij.U�.l�rsx �u •�,�i:l-tni6�; 1 � d41 JA�� 'J7'li �r ri4�iy �„ `I "'P i Y� Rencho 5reriAritonio o Cl3 EFtTlhiO �piih Sphfeq ltt } � a �I .J' 1 }�tOilt2 ViSm r rc 1 .y rc-xt�, a�s 85 1 �( ylntty, �.tv �g �1 �t� �rC8i1Gr1, l� PDWR vrs`�m fin °n Rd as m f apprpc 240 Acres) a�� ;if 1 i4 Ei 5 1.f�,. �y�.y}',hi �..a - ' fNllllll YlVVd RANCH SUMTOST has buught the Stevens Canyon Ranch as part of its "Saving the Endangered Coast" program. POST gin -MO millmn deal f6r..SteVent Ca''nyon Ra Using. a $5 million grant from the of a 19,080 square foot industrial build - Gordon and Betty Moore Foundation ing at 555 Aldo Ave: in Santa Clara. to Handle the bulk of the price, the ^ Jeff Barnes, Mark Sanchez, Jim nonprofit Peninsula -Open Space Trust. McMasters and Ryan Nickelson rep - (POST) is buying the 240 -acre Stevens . resented the seller, Regency Centers, Canyon Ranch in Santa. Clara Valley of 10.23 acres on Camino Arroyo in as part of its "Saving the Endan-- Gilroy. Land Capital Group, Inc. is the gered Coast" campaign. The total buyer. purchase price is $6.6.million. ^ Messrs. Barnes, Sanchez and Weil The ranch is situated in the Ste- represented the seller, Myron Zimmer- vens Creek watershed in western man, trustee, of 8.85 acres on Yamane Santa Clara Valley in -the foot: Drive in Gilroy. Pacific Gas & Electric bills of the Santa Crtz,Mountains, is the buyer. where POST says thousands of acres of - Mr. Schmidt represented the buyer, natural lands are threatened by high-' LRL Enterprises, LLC, on the purchase end residential development. of a 9,800 square foot industrial build - The historic ranch lies at the heart ing at 161 Curtner Avenue in Campbell of 6,640 acres of public land, connect- and .43 acres of land at 215 McGlincey ing -Upper and Lower. Stevens Creek Ave. in Campbell.' The sellers of the County parks and adjacent to Saratoga two properties are KAJ LLC and NSBE Robinswo.od LLC. Faults Digest ^ CynthiaRotweinandDuffyD'Angelo RedIt LTJ Ut represented the buyer, Gold Team, LLC, ' on the sale of 2.25 acres of land on Gold Street in San Jose; Lincoln 237 Associ- ate Limited Partnership is the seller. Gap, Monte Bello and Picchetti Ranch ^ Messrs. Sanchez and Barnes rep - Open Space Preserves, managed by the resented the seller; Joe and Victoria Midpeninsula Regional Open Space Rocha, of a 34,050 square foot industrial District. building at 5787 Obata Way in San Jose. A family ranch since the late 1800s, Charles Quinn is the buyer. the property includes an old stone win- ery, weathered outbuilding's, and acres CalPERS approves energy efficlency plan Of orchards = reminders of the Santa The California Public Employees' Re - Clara Valley's agricultural heritage. tirement System (Ca1PERS) has adopt - "We are pleased that the Gordon and ed an energy conservation plan which Betty Moore Foundation was able to play it says could reduce energy usage in a key role in helping to prbte ct a portion its $7.9 billion, 144 million square -foot of the Stevens Creek watershed,". says core real estate holdings by 20 percent Foundation Director of Evaluation. and within five years. Trustee Ken Moore. . It could mean a bonanza of business POST is. a private, nonprofit land trust for companies skilled in retrofitting that; since 1977, has. given permanent buildings to make them more energy protection to nearly 55,000 acres of open efficient. CalPERS would spend $142 space and parkland in the San Mateo million on the projects — an amount it and Santa Clara counties. would expect to recoup in lower energy bills within five years, it says. Busy Mouth of sales' The energy efficiency proposal is Commercial real estate agents at Col- . • aimed at achieving stronger returns liers .International are having a big for the state's pension funds, in this month in December. Among the sales instance by reducing the funds' costs to are: operate their buildings. Dave Schmidt, Mark Triska andNed "With this action, CalPERS — as a Wood represented the seller; Wachovia major real estate holder and the nation's Commercial Mortgage, on the sale of a : • .largest public pension fund — has set a 12;486squdrefootoffice building at3312: high, standard for improved energy ef- Woodward Ave. in Santa Clara. Wood- ficiency in the whole real estate market - mark Properties, Inc: is the buyer. place," says Phil Angelides, California's Steve Zamudio represented the buy-. state treasurer and. a member of the er, Jeffrey BuIIis, and the seller, Owen CalPERS board. Mr. Angelides unveiled Mortgage Cd.j on the purchase and sale ::. the..conservation plan on Nov. 10. Ll" d 9 V ..... . .. ....................................... .. . . ............ . ............ . ................... . ............... . .... . . ....... . . . . .. ................... 7, U ra s0_7 lo --meett --i,..n cornmission to consider the affects of Cupertino residents. west : of Highway ? growth on the schools "We're dealing with. very.:hefty issues," Tong? 'd— -hpT, s Plan. and having mfrs the city General At a packed pub- `in: stru �ture problemsg i6meeting the Cupertino Senior Johne Shea, a :;resident of Cupertino: Center, more than 30 people in the crowd ' ' since 1977, brought up the need "tor offered their thoughts on possible amend-.. i E make:moe room foryoung.people He" ' ments to the Cupertino General Plan.- said many children .growing up• in The General Plan -fulfills a state man Cupertuiq such as lus sons, can't 'afford ` date requiring the city to have a blue-' i to: live m the city as adults print. for growth.:;The amendments— Some at the meetan raised'the issue g`' b a ci council -a orated` proposed y tY PP G of Cupertmo's aging population The task force=touched on subjects :rang- 2000 census by the U S Census Bureau ing' from building leight_to land use � .shows roughly 1.0 percent of the city' is` , Ihile. responding to these topics at, age 65 or"older ;With the 'city onginahy ` the' Nov 15 meeting, residents 'also i designed as a suliurb for young families.,;` voiced conceins.of their own, including with cars,:hory best to'accommod'ate a`' " the lack of'affordable housing; main= I 'senior population m a.''spread"out city taining residential quality of.., life,: ? remains an open question improving ,the lives of children and I ; . Severaiparticipants spoke out `about the seniors and. how to handle growth j sprawl and', the r'- sulting•'traffic mthe city. This was .the= first :of two meetings.. 1 - .;Former: Cupertino `:School, District , organized by the,; city's planning. coin- board memberBarry Chang said, "As: a "° meeting, will. be for Cupertino residents living'on the `east- side of Highway 85. "The:question` ; is , ; do we 'want growth?" •Cupertino' • 'resident Eric Yegyayan asked at the start of the Nov 15 meeting.:, Samuel Feldman also ,spoke of the need. --to include Cupertino's - growing Asian. co_ iumunity in the 'discussions of 'growth'. -Although Asians`: make up, . almost 50 percent. of the city's popular. tion, there were, relatively few Asians at, the: meeting._. .` "The people • showing up [at.. these_" .meetings] are the .old timers," Feldman: . said. "The Cliinese-American community .., is our future and an Asian flavor'will. be our vitality," he added, while noting the bustling Cupertino Village shopping cen-, ter,. home to numerous Asian businesses. Homer Tong, a member • .of the Fremont Union High School .District board, .also . encouraged the planning impact ofaraffion tli" ity" And`.5hea :added that the Jack, of.' parking is a growing problem; particu- larly . with new ;developments,, such as the Cali Mill Plaza And although.`the planning; commi ' sion made no" final decisions; on changes to- the Generale,Plan „'the' commissioners said they were d w pleaseith the feedback. "This is democracy at work," ; said commissioner Marty Miller .`.`Hopefully; we can [eventually] come to 4 consen- sus we all feel good about.",, The next step: in, that process is the . second meeting for those living, east of Highway 85 to be held Dec. 6.'at.7p.m: in Cupertino's new community hall, 10350 Torre Ave. The meeting will be followed by formal public hearings ,to . be held in early 2005 .r The proposed amendments by"the' , General"Plan�Task Force; can be viewed ori7he city's website at www.cuperdno.org Resurfacing may cult noise 3 0 fog° re' sidents along v yo 8 5 M �� e ► °y Gary Ridlards six lanes of concrete between INiglnway Me,rin:yNecs 87 and Interstate 280. For 10 years, people living near the "This is exciting," said Laurie Rob - 1 1 new section of Highway 85 have yelped erts, who moved into her home near about the noise roarhag off the freeway the Union Avenue -85 iuiterchange in that causes sleepless nights and can- San Jose four years before the free- cels backyard barbecues. way's 1994 opening, when all that J But for those who live with pierced the air was the sound of chirp - this daily irritant, peace — ing buds. "It was quite a shock. You and quiet — may be on Sunnyvale just don't realize how loud it can the way. LU reel See HIGHWAY 85, Page 9A �_- Boosted by an upturn Stevens �' �Cre�l< Blvd. in sales tax receipts, the resurfacing of Highway J, See complete map, 9A 85 may begin late next N h' year in an effort to reduce QI ; ` Campb2 the noise — or at least the San.Jose �s1} of it — from thou- perception sands of tires motoring down. the as ion of funds clears way MOW AY 851 Tnfus for work to reduce.noise ContTaaue4 ftom, Page L4 approved in a 1996 tax measure of a food blender from three but had been placed on hold as 'feet. To the ear, 75 decibels is be, depending on the cloud cov- sales tax revenues plunged about half as loud. er or the way the wind blows. during the dot-com bust. How- The mierogriiding will be Road crews , will perform ever, tax receipts have exceed restricted to 85 between 280 what is called microgrind rig on ed projections. for the last nine and 87 because the highway 85, aprocedure is which ma- months by $15 mullion. That, south of 87 is asphalt. Concrete chines with parallel saw -wheels plus $2 'naillion in savings on is used on Highway 85 north of grind away:bumps and rough the light-rail.lvze,to East San I-280. The roar of the freeway sp the freeway, The re- ; Jose and the promise of $13 there irritates many nearby su Id be a smooth surface mullion• in federal aid, will en- residents,' but there are no W. ttern of narrow, lonable the Valley. Transportation plans to microgrind that see- 91-tudinal . grooves that retains Authority and Santa Clara tion of highway. safe slid resistance..Pavi7g ex- County supervisors next Drat, said Carl Madson, who perts say microgrowid pave- month to give the go-ahead to lives along the old section of ment is quieter than traditional the Highway 85 work and two Highway 85 in Mountain View diamond-girouuld pavement. other projects facing delays "Hopefully," he said, "they will Or so it'. t appears to the hu wideningalong Highway 152 eventually do the same thing man � ear. A one -mile test two and Highway 17. near me if enough people think years ago near Prospect Road Microgrindmg is also being this is great." revealed no siginificarit reduc- tested on Interstate 280 near The effect of mircrogrindnng tion in decibel levels. But it did Woodside and on Highway 101 on Highway 85 is expected to indicate a shift "from a very ag- in Sonoma Coimty, Rubberized last 10 years. However, big rigs gravating ' frequency to one asphalt also is being tested on are banned from this section of which human ears perceive as 280. Though studies won't be freeway, and that could length - completed for said Jeff Funk, deputy completed for another three en the life span of the new director with the VTAs high- years, preliminary data indi- roadway. way engineering unit, after the cater no drop with the grinding preliminary data was collected. process, but a drop of up to five Contact Galy RicharA at The bottom line: Drivers and decibels with rubberized as- m7 oo ho 927nercu news. neighbors off the freeway came phalt. away convinced it was quieter. To replace the concrete with "Before 85 opened, I could a quieter asphalt overlay — ----- - - stand in my back yard in the rubberized or otherwise —�°�� ahead evening and not hear any man- would cost perhaps three or made sounds — just birdcalls four times more than micro- Three road projects that had been delayed are expected to move ahead, as revenues have jumped because of improving and the breeze moving through • grinding. sales tax receipts, cost savings on the light-rail line to East San Jose and the promise of federal aid. the trees," said Cal Gabriel, Still, there are no immediate V who lives in Cupertino near the plans to use nucrogrinding on �Mountam vievv { iWY 85. P.esui facing from De Anza Boulevard 'alter- other South Bay freeways, i 1 � �� + Highway 87 to Interstate 280 „ change. "Once 85 opened this even' though the noise level -i1 ceilti �I = `' coidd he wulei way next year, a Gilroy ©�® was replaced by a sort of whiny may be greater than that along is fx�" -- ` �i ocess designed to reduce noise I g� hum from the non-stop traffic, I3ighway 85. A Mercury IxTews ;"lcaryno �l s L process 2 million. 's' %� `� and that sound even penetrat- study in 1995 found the highest�/ i ioi ed double -pane windows. noise level — an ear blasting 85 t � !� o' s' i 25 ' "But then they did the mi.- decibels — on I-280 near the "; �� Sunnyvale _ ® HWY 17:.Add northbound• ` miles,( 15a crogrindin e eriment• the. Saratoga Avenue interchange. 2ll0 , l mei giiiglane•from Camden t g Stevens Avenue, to Hamilton Avenue. yl r iminished to the point That was five decibels higher creek Bivd'; �� Cosi: $15 million: Nearly $13ni '- doesn't overwhelmna- than any measured noise level �.- a sanease Hollister®. 107 million has been earntarlced by []Map t and I can't hear it inside alongHsghway85. �.congress. t� area the house." To better comprehend, 85 . The $8.2 million xnicrogrind decibels is the roar of a diesel Cam bell I z `s \ ing project was one of several truck at 50 feet or the grinding Saratoga n r p 6 – �o„ ioi 4 San Jose s 37 e,Py 3� HWY.152: Construction to begin in January to widen the bridge crossing at Llagas Creel( and install a traffic Q I. f Blossom HdI: Rd t m w �` signal in frontof Gilroy Foods. y' �ry Santa3Telesa@j� Cost: $23in11lon. i 4 NPV: 19 — 25, 2004. 1 SILICON VALLEY BIZ INK. Poda 1 1, software' fam des many uphifl. battles BY MATT REED Portal.Software Inc. subleased 15,861 square feet of office space as part of an ongoing restructuring to reduce costs. The move comes as the company re-. structures following the resignations of key executives. The sublease; at 10201 Torre Ave., pro- vides more office space near Portal's head- quarters in Cupertino, said . Kevin Payne, Portal's marketing programs director. The latest Portal. restructuring will -elimi- nate.70 jobs, according to a reportfiled with the Securities and Exchange, Commission. In 2002 and 2003, Portal laid off 870 em- ployees in North America and Europe,. ac- cording to_ SEC :filings. Portal has about 1,000 staff worldwide, he said. The company also vacated several of its office facilities in Europe and -North America and undertookto sublease some of its rented property and to terminate the leases on other properties, according to a report filed with the SEC for the quarter ended July 31. The same report cited concerns over the company's ability. to sublease surplus space in the Bay Area because of market conditions created by the large amount of commercial real estate space available. Portal reported a loss of $2.3 million, or 52 cents per share, .on revenue of $18.6 million for the quarter ended July 31. That compares to a loss of $26.9 million, or 74 cents a share, on revenue of $33.2 million; ..for the same period a year ago. Earnings for the quarter ended. Oct. 31 have not yet been posted on the SEC's Edgar database. Embattled Portal., which provides billing and revenue management software and services to. communications and media companies is also dealing with a class ac- tion lawsuit filed in 20.01, "stemming from alleged improprieties from its 1999 initial public offering. A settlement agreement is pending, ac- cording to SEC reports. Matt Reed is a Biz Ink reporter. He can be reached at mreed@svbizink.com. Periodical Postage paid at San Jose California. Silicon Valley Biz Ink (ISSN 1542-4227). is published weekly with an additional issue in June by Silicon Valley Business Ink LLC; 55 Almaden Blvd., Suite 150, San Jose, CA 95113 at an annual rate of $79.95. Please send address changes to Silicon Valley Business Ink LLC, 55 Almaden Blvd., Suite 150, San Jose, CA 95113-1608. Consultants say the CCC initiatives Will hurt city. Gouflc08 says the vote can wait until the flext election, By HUGH BIGGAR 11 the Concerned Citizens of' Cupertino want is to keep low - `density growth in the city, but a bevy.of consultants, hired by the city say it won't work. They say the CCUs proposed ini- tiatives,would Frustrate future business devel- opment Hurt the city's General Fund Violate state housing laws The initiatives by the CCC propose low-density growth by restricting building heights, density and setback and that any changes to the General Plan be granted through a citywide vote.The grass-roots organization was also seeking a special' citywide electioti on its initiatives in February 2005.' But in October a reluctant city council sought help by hiring 'eco- nomic and fiscal consultants to assess the initiatives' impact on the local economy, jobs; schools and housing. And at its Nov. l meeting the city council and the CCC heard the results. With one exception, the studies reflected concerns about the initia tives' effect on.the 'city. Jonathan Stern of Bay Area Econ6n-dcs, a firm specializing in real estate and economic analysis, said. there would be a reduced incentive to build in Cupertino if the initiatives, passed. The analysis showed that the initiatives' height limitations of 36 feet and density limitations of 45 feet would likely deter ,future business development. The loss. of future busi- ness would also lead to lower rev - muss for Cupertino's General Fund. Lee Rosenthal, a lawyer for Goldfarb and Lipman, raised legal concerns about the initiatives Rosenthal said the CCC's proposed 15 dwelling units per acre could make it difficult to complyvith state housing.laws; particularlywith regard.. to affordable housing. Under state law, Cupertino has an obligationao �;GC6, rpnge 9 rty no nber 10, 2oo4 @ Cupertino, CA ° Est. f947 o. www.cupertinocourier con CCC-. Special election would be costly Continued frona page I assume a share of the region's afford- able -housing needs. His results echoed a statement by Sterni that "the initiatives would likely lead to . higher -priced homes in Cupertino, since restrictions would limit affordable housing." However, the reports found that the CCC initiatives would not have a signif- icant impact on the city's two school districts. The Bay Area Economics group reported that "the initiatives would not pose a capacity concern overall to the Cupertino Union School District, although individual schools might be more affected. The Fremont Union School District is also expected to soon experience a space shortage, regardless of housing density." Although the consultants stressed their nonpartisan position, the CCC maintained they were biased. "The data used [by consultants] was supplied by city staff and developers," CCC's Bob Mcknbbin said at the meet- ing. In a written report to city hall, how- ever, Bay Area Economics outlined its efforts to obtain objective results. For example, the group compared the pro- posed initiatives with regulations in neighboring communities such as San Jose and Santa Clara. Each city allowed for higher -density development, which could potentially make them more attractive'to business than Cupertino. After hearing the reports, the council unanimously decided against holding a special election on the CCC initiatives, saying the initiatives could wait until the next municipal election in November of 2005. In particular, the council was con- cerned about the need for rushing a spe- cial election in February, which would cost an estimated $372,000. "We've gone 50 years without initia- tives. Why should we spend $300,000 to accelerate the election?" asked Lowen- thal. Councilman Patrick Kwok echoed his concern about voting too quickly. "If we do it in haste, we might make a mistake," he said. Mayor Sandra James said a special election would cut out many voters, since such elections are generally ignored by those not directly involved in the issues. "Why exclude these vot- ers?" she asked, adding the special elec- tion would be fiscally irresponsible. Finally, Kris Wang spoke of the need to embrace all of Cupertino. "The community is not just resi- dents," she said. "How are we going to pay for things without money from businesses? We need to try to balance everything." CCC member Dennis Whittaker said later he was not surprised by the city council's decision to move a vote on the initiatives to next November. He said the findings presented to the city were part of the city's pattern of misinforma- tion and "false findings and false facts." CCC members are considering the possibility of legal action. CITY OF CUPIERTINO 10300 TORR]E AVENUE, ClUPIERTINO, CALIFORNIA 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT Subject: Report of the Community Development Director Planning Commission Agenda Date: Tuesday, Tanuary 25, 2005 The City Council met on Tuesday, January 18, 2005 and discussed the follllowin items of interest to the Planning Commission: 1. Toll Brothers Request to apply for a General Plan Amendment on the ISP property: The City Council authorized the Toll Brothers to apply for a General Plan Amendment to allow 300 additional residential units in the Vallco Park Planning Area as part of a proposed residential and commercial development, with the following requirements: The project is to include 255 market rate units, 45 below market rate units, 3.5 acres of park space, a 1/2 acre Rancho Rinconada park of approximately 1/2 acre and a minimum of 100,000 square feet of retail space. (see attached report) 2. R1 Ordinance: The City Council granted a negative declaration and amended Chapter 19.28.060, Section Title P, of Ordinance 1954 to read Setback -Second Story instead of Setback -Second Floor. (see attached report) 3. Change of Council Meeting Time: The City Council approved an amendment to Ordinance No. 1957 to read that closed session meetings will begin at 6:00 p.m., and the regular meetings will continue to begin at 6:45 p.m. 4. Additional City Council Meetings: The City Council set the first Monday of every month at 6:45 p.m., starting in April, for additional City Council meetings, as needed. 5. Goal Setting Session: The City Council set February 4, 2005, from 2 p.m. to 5 p.m. for the Council goal setting session in the Community Hall Council Chamber. MISCELLANEOUS 1. Mayor Kwok will be meeting with Commission Chairs (or the designated person) quarterly, rather than monthly. The meetings will be held on the first Wednesday of the month from 5 to 6:30 p.m. in Conference Room C. The schedule for the meetings is as follows: Wednesday, February 8 Wednesday, May 11 Wednesday, August 10 Wednesday, November 9 Report of the Community Development Director Tuesday, January 25, 2005 Daze 2 If the Commission follows past practice, Lisa, Gilbert, Angela, Marty and Taghi. appointees list) ]Enclosures: Staff Reports and Newspaper Articles Commission appointees list G-planning/SteveP/director's report/pd1-25-05 the Mayor's meeting rotation would be, (see attached 5/03/04 Commission PLANNING COMMISSION COMMI'T'TEE APPOINTEES 5/03/04 Revised Angela Chen: Environmental Review Committee Design Review Committee Alternate Lisa Giefer: Housing Commission Marty Miller: Design Review Committee Taghi Saadati: Chair Environmental Review Committee Alternate Gilbert Wong: Design Review Committee ]Manning Commission Meeting/ 2nd & 4th Monday, 6:45 12.m. Angela Chen Lisa Giefer Marty Miller Taghi Saadati Gilbert Wong Housing Commission Meeting/ 2nd Thursday, 6:30 p.m. Lisa Giefer - representative ]Enviro=ental Review cCornanittee / 2nd & 4th Wed., (if necessary), 4:30 tomo Angela Chen- representative Taghi Saadati - alternate Design Review Committee / 1st & 3rd Wed., 6:00 j2.m. Gilbert Wong- chair Marty Miller Angela Chen - alternate Mavor's Breakfast, 3rd 'T'uesdav, 7:00 a.m. ]H[obee's (Commissioners will receive a reriY ander January 20 - Marty Miller July 20 - Taghi Saadati February 17 - Taghi Saadati August 17 - Lisa Giefer March 16 - Lisa Giefer September 21- Gilbert Wong April 20 - Gilbert Wong October 19 - Angela Chen May 18 - Angela Chen November 16 - Marty Miller June 15 - Marty Miller December 21- Taghi Saadati G:\ Planning\ MISCELL\ pereps. doc Cupertino Planning Commission 3 January 25, 2005 • Concerned about pedestrian safety. • Asked for patrolling in the area. Mr. Piasecki: • Indicated he would pass Ms. Hill's comments to the Public Works Department. CONSENT CALENDAR: None PUBLIC HEARING: 1. GPA -2004-01 General Plan amendment to revise the General Plan. (EA -200417) Tentative City Council date: Not Scheduled. City of Cupertino Citywide location Chair Wong: • Said that the process and goals would be discussed with the Planning Commissioners. Vice Chair Miller: • Said he felt it would be beneficial for the Planning Commission and community to be more rigorous in the method of reviewing the General Plan and in preparation for that, it would be helpful to review the goals and reach an agreement on the process to be followed. • Submitted his suggestions for goals: o The General Plan needs to meet the State requirements for a General Plan for the city, including the ABAG objectives. It is important to look at key areas in town in more depth, including areas such as Vallco, North DeAnza and the Crossroads and all the areas that are under discussion and potentially have differing viewpoints. o One approach is to review the objectives in each of the areas, reviewing what works and what doesn't work, and whether or not it is appropriate to make adjustments to the goals, use, zoning, density, and height of the setbacks. o The next area is to review industrial and office properties in more detail, particularly those vacant properties which are not being used or are being under-utilized, which represents an opportunity for the city, particularly in terms of its housing requirements. In part the housing requirements are driven by industrial space, even though the industrial space is not occupied, hence there is an opportunity to reduce the overall housing requirement by reducing industrial space. It is a worthwhile exercise to look at properties particularly on the fringes of changes in zoning, where it might be easy to do that. o There is general agreement in the community from a goals standpoint to see more commercial space which would hopefully be successful in generating revenue for the city; therefore it may seem right to discuss incentives for increasing commercial space in the city and how it can be incorporated into the General Plan moving forward. o Another important goal is whether or not the city has the service capacities to support the proposed development. o It makes sense to review that after the development plan is in place and they see if the city has the water, sewer, and the rest of the services to support the proposed development; and if not, then go back and re-evaluate things. o In terms of process, he suggested to agree on goals and then review the task force, the administrative and the minority reports and where they differ, review key areas in town and hold a meeting to summarize and make recommendations. Cupertino Planning Commission 4 January 25, 2005 Com. Chen: • The major difference between the two processes, is what has been done in the last meeting and plan to continue to do in this meeting, and the process that Vice Chair Miller suggested is already starting on C, but the desire to go back to A which is to agree on the goals, and to review the task force results vs administrative results and also monitoring these. • Asked what the major difference between the processes was and how much more time was needed in terms of timelines. Vice Chair Miller: • Not certain of the timelines; the major differences is to review individual properties in more depth, particularly the ones that are in everybody's mind and under discussion. • For example, there is an application tonight talking about doing something in the No. DeAnza area, and there has been some discussion about whether there should be more housing or less housing there, what makes sense, should it be just a little commercial, should there be housing on the Apple property? • There are a number of different issues on the table and all the issues need to be discussed and decide what the appropriate zoning and use of that property is as part of the General Plan and how does it fit with every other property. • Said he would like the discussions to be in-depth than in the past. Com. Chen: • Asked if it was outside the framework of the Hot Topic items, or is it predicted that Hot Topics will not cover some of the items that more time should be spent on. Vice Chair Miller: • Each one of the areas has its set of Hot Topics that have been identified; in the context of the Hot Topics he suggested drilling down and taking each area individually. • Focus on land use first and only relative to land use. • Suggested a path to get through land use which seems to be the most complex and the most controversial section of the General Plan. Com. Giefer: • Need to think about the process and whether or not enough time is provided is valid; also is the public being given ample opportunity to provide input. • With regard to goals for land use, although brief, they are in the General Plan draft document. When participating on the General Plan Task Force, each subgroup also established goals they had within their subgroup. She said it may be difficult to come up with additional goals. • Several stakeholders who are listed are valid, but the residents are not listed as stakeholders; she recommended that they go back to the input the General Plan task force provided. • Consider going to a study session process similar to the R1 which was more informal where they could do comparative analysis, which some have been doing, but have not yet had the discussion between the administrative draft, the task force draft and the minority report, and it would be a more casual forum for the Planning Commission to have that discussion. • Would like to change process a little to accommodate more discussion between us and citizens who are interested, and other stakeholders in attending those meetings similar to what was done with the R1. • Said she was hesitant to establish goals independent of all the work that has been done prior to receiving this document. Cupertino Planning Commission 5 January 25, 2005 Vice Chair Miller: • Said he did not intend to exclude residents, he just assumed they were part of the process because it is advertised and they are encouraged to come. • Concurred that the process used for the R1 worked well and suggested patterning it after that. It is a good idea to do study sessions, held in the council chambers and videotaped, so the rest of the community can review them if they choose to do so. • There are many goals, and perhaps it will clarify things when the task force recommendations and differences are reviewed. Said he wanted to ensure that they remain focused and proceed with the process as quickly as possible and to do that they should focus on reviewing the goals and not create new ones, and be in agreement of what the objectives are. Com. Saadati: • Said he felt if they followed the original agenda prepared by staff they could address all of the items brought up, and some may need to be discussed in more detail at the study session. • Said that as the need arises, they may need to extend the meetings on specific topics or lengthen the study session. • Relative to focusing on specific lots, he said he felt they should focus on the area rather than the lot, which is already planned in the General Plan, identified by different colored areas for focus. The economic condition may change and in five years it may be completely different. • He said one area that is hard to define would be a balanced community; more input from the community is needed, and based on that, arrive at an opinion. Vice Chair Miller: • Said they were valid points; however, he was not suggesting that they go over every individual property. The only suggestion for individual properties is where there is vacant unused industrial land. • Concurred in terms of looking at areas such as north DeAnza Boulevard or Vallco North and Vallco south and not getting down to the individual properties. • Said he did not want to over -burden staff; if they drill down further than what is done presently, that implies that staff has to do some more work and they need to be treated fairly as well. Ms. Wordell and Mr. Piasecki: • Staff was already prepared to get some of the information requested which was potential properties that might be converted to residential uses. • When discussing the individual Hot Topics, if there are areas and specific properties that have characteristics that a commissioner feels should be treated special, staff needs to be informed. Chair Wong: • Suggest because of time constraints that the topic be moved into a study session; also looking at the revised General Plan schedule, there should also be a land use wrap up and the other elements wrapped up to be able to provide guidance to staff. • It is a good compromise on No. 1 vs. No. 2 that will extend it more, but if the General Plan has to be prolonged, they will address that. Ms. Wordell presented the staff report: • Said the discussion would include housing issues, representatives are present from the Housing Commission and Public Fine Arts Commission. • She noted that the Housing Hot Topic would not be discussed in detail as they were discussed at both community meetings in the Fall and also at the last Planning Commission meeting. Cupertino Planning Commission 6 January 25, 2005 The Hot Topics document covered the economic impacts, what it would mean for some large projects; it could be a big ticket item for some of the larger projects, but something that is pointed out and perhaps they will point it out as well. It doesn't have to be a separate piece of art that would cost a lot, public art can be integrated into a project, it might be things that the project developers want to do. It is a broader way of looking at that. There is the issue of whether public art should be onsite or an in -lieu fee; some of the issues about not having it onsite are it is staff intensive to administer an in -lieu program and also you have to find appropriate sites for public art if it is not on the project site. The Hot Topics document presented some options; one would say to consider it instead of develop and adopt an ordinance, so that it would not be mandatory; also the option was discussed relative to going back to the existing General Plan policy. Another option was to lower the square feet for considering development approvals to 50,000 square feet which would help to capture more projects. Hema Kundargi, Fine Arts Commission: • Described what public art was, and how it benefits the community. • Explained One Percent For Art and emphasized its significance in Cupertino. She said that public art reflects the character of a place; it is the expression of a city's innovative spirit and establishes the visual identity of the community; and is in the form of furniture, sculptures, murals, mosaics, sidewalk treatment, special doors, unique signage, fountains or a garden. One percent for art can be easily absolved into development projects if it is understood to be an expense which benefits all who will enjoy its enhancement. • Said she viewed Cupertino's implementation of percent for art as a commitment to help celebrate and enhance its cultural, demographic and artistic diversity. Such a commitment serves to stimulate both the public and private sectors to collaborate to recognize the city's diverse cultural influences. • The percent for art program is well established in many neighboring cities; it brings visual identity and character to the city, and Cupertino needs to be competitive in every aspect to attract businesses and residents. The character of the community may be intangible but it is the city's most valuable asset; it needs and deserves both our protection and investment. Vice Chair Miller: • Asked if the Fine Arts Commission came up with detail on the approach; many cities have programs, but all the programs are slightly different. There are differences in which types of projects are asked to contribute and the size of the projects before they are required to contribute. Ms. Kundargi: • Said that the ordinance states a preference for projects which are 50,000 square feet or more to have the art for their projects; therefore there is more art in the city rather than 100,000 square feet. It did not include residential projects, nor non-profit social services and rehabilitation of historically significant buildings. Com. Sandati: • Asked how they arrived at 50,000 square feet, because there are some other cities that start below that level. Perhaps the city should look at other cities and consider a lower level, because a 30,000 square foot building is a significant size also. Cupertino Planning Commission 7 January 25, 2005 Ms. Kundargi: • Said they thought if they tried for very small projects, it would be difficult; but if it is bigger projects, it will make more sense for the art to go in place, and they see more possibility for that to happen. • Concurred about the lower square footage and will go back to the commission to discuss it more detail and come back with more suggestions. Corn. Chen: • Public arts projects do enhance the look of the city; said she appreciated the projects in place last year. • Asked for the commission's recommendation relative to onsite artwork or the in -lieu fee; or should it be discussed on a case-by-case basis. Ms. Kundargh • Said the developer could make the decision. They are asking that it be incorporated into budgets, such that it is part of a project. • They don't emphasize to have only a sculpture; it can be very small ways, but it can make a very distinctive appeal in the city, and that is what they are looking for. Com. Chen: • Asked if the Fine Arts Commission should be part of the suggestion group, and if it was entirely up to the developers. Ms. Kundargi: • It is up to the developers, but the Fine Arts Commission would like to take a look and talk to them, so we are part of the process. Kim Smith, staff liaison to the Fine Arts Commission: • Responded to the question, should the art be onsite or would the Fine Arts Commission recommend acceptance of an in -lieu fee instead. She said it was the decision of the Fine Arts Commission that an in -lieu fee is not preferable; it is better than nothing, but creates a burden on staff. • She said they would need to have possibly a larger percentage, since about 25% of most percent of art projects goes to administrative overhead because of the administrative responsibilities that go with it. It is also very time consuming and it is difficult to find city owned property on which to put the sculpture, mural, or we may need to buy something; so that also increases the cost. • The Fine Arts Commission's recommendation was that the art be included on the site of the project, not only because it is more cost effective, but also it will help to distribute the art throughout the community as the projects develop, instead of having it centered on the city owned parks. Frances Seward, Housing Commission: • The General Plan including the housing element is an important document that shapes the future of the community, and changes to the document should be considered carefully. • The goal of the Housing Commission is to promote affordable, attractive housing for all income levels in Cupertino. The Commission also believes that economic and cultural diversity in Cupertino is vital to providing a healthy, vibrant community. • After reviewing the General Task Force recommendation for the General Plan and the administrative draft of the General Plan, the Housing Commission urges the Planning Cupertino Planning Commission 8 January 25, 2005 Commission to adopt an administrative plan especially as it pertains to the number of housing units, the density and the job housing ratio. • The Housing Commission also urges the Planning Commission to restore Policy 3-1 in the Housing Element which designates goals for the number of housing units by income category. The Housing Commission believes that it is important to provide housing for all income levels and that stating these goals by income level is very important. • It is also important to continue to encourage mixed use development especially when one of the uses is housing along major thoroughfares. It encourages a pedestrian friendly neighborhood atmosphere which is vital to Cupertino; many lower income families cannot afford vehicles and it is important that these households have an opportunity to purchase homes in close proximity to public transportation and commercial establishments. • Teachers and other public service employees would benefit from the affordable housing opportunities and it is vital that the school districts retain the teachers which make the school district so successful. • The Cupertino Housing Commission recommends that the Planning Commission recommend the administrative draft of the General Plan be adopted in the following three areas: housing density, job and housing ratios and housing unit allocations. Chair Wong opened the meeting for public comment. Mark Burns, Cupertino Chamber of Commerce, and Silicon Valley Assoc. of Realtors: • Relative to the General Plan, there is a report on national news that there is about $136 billion in venture capital waiting for new startups, and IPOs. He said it would be a grave mistake to take away commercial or industrial property at this time within the city of Cupertino and turn it over to housing. Several projects are presently being considered. • There are many places for medium density housing, more than 15 units per acre and these would help the housing imbalance discussed. Said it is known that when they get into those densities, studies show that higher density housing in that range has a much lower impact on the schools and the properties are also generally within the district for Cupertino High School which probably has the most room to spare; and those things can be done rather than take away industrial property. • Cited the example of the Chinese Church of Christ, taking away industrial property prematurely; they were approved for Friday night activities and Sunday morning services and are now operating seven days a week and operating other businesses out of the premises. He said there is not a shortage of churches and he felt a mistake was made in zoning a church in the area where a new business could be. • Said one percent for art on top of a project will cost a developer one percent and it is already difficult to make a small profit. If they can't make a profit they won't come to Cupertino, or they will use inferior designs or inferior materials. Extra surcharges will overload and kill projects that could go through. Cupertino does not have a reputation of being the ideal city to come to and build developments. • Said there were other ways to enhance the fine arts in Cupertino; money has been raised for the library, perhaps there could be other fund raisers for fine arts projects, don't hold the developers totally responsible for providing the funds. William Flory, Fremont Union High School District: • Distributed a copy of a report written by the Superintendent of the school district made to the City Council last February, showing what the growth rates are with the existing housing. Cupertino Planning Commission 9 January 25, 2005 Feels that with the addition of the 2,237 dwelling units identified in the report and current generation rate of .27 students per household, that there will be an impact of about 603 students on the district, which will consume all the available space. The report shows that there is an impact fee that will mitigate that impact, and he would like more opportunity to work with staff on that because the numbers show they collect about 1/3 of what the impacts truly are to the district. The statutory figure now is $2.14 a square foot as the developer fee to provide interim housing for schools, that is split between the high school district and the elementary districts in this community resulting in about $.65 square foot coming into the high school district, about 1/3 about what the hard construction costs are. Vice Chair Miller: • Summarized Mr. Flory's statement; it is suitable if development proceeds along the current path as long as the impact fees are substantial enough to offset the negative impacts to the district. Mr. Flory: • Said he had not addressed the impacts of the additional teachers, additional staff, the 150 students per campus, the traffic on the road, things of that nature. • Said there were several issues to discuss and work through; they are not uncomfortable with the growth in the community and the good job in planning the community, but they need to have more dialogue on what the impacts are to the schools and how it is addressed. Vice Chair Miller: • Asked is there was a recommendation on the best way to work with the school district to ensure they are addressing the issues as they occur, as applications come up, and relative to whether the schools will be negatively impacted. Mr. Flory: • Said he was presently creating a multi year capital outlay plan for the district, which looks at growth as one of the elements. • Also commissioning a new study to look at the generation rates for students and what is collected as an impact fee and what should be collected; then working with the city on how to blend the resources between the two agencies to best meet the school district's needs. • In response to Chair Wong's question about how they arrived at collecting only one-third of the in -lieu fees, he said that he was active on several professional levels within the state and has an extensive background in school facilities planning. The fee was originally intended in 1987 when it was enacted to provide temporary housing or portables while the state backfilled the hole that was being accumulated with growth with funds for new construction. It took a long time for the state to step up to the line and be able to be in a position to address that issue. • He said the developer fee that is charged was never intended to provide anything more than temporary housing. In the school district's case, a portable classroom costs about $100,000 for about 1000 square feet, $1.00 per square foot. They are collecting $.65 per square foot from development; over the project, will generate about $2.3 million in developer fees and the cost of housing for the same impact will be about $2.7 million and that is just portable housing. • Said he was not certain they should inform the community that their answer to growth and the impact on the schools is to place portables on the campuses. More discussion on that issue is needed. Cupertino Planning Commission 10 January 25, 2005 Ms. Wordell: • Said the EIR Mr. Flory referred to was sent out to the different agencies for their comments. • Staff will continue to try to refine them before we bring the EIR to you because the purpose of the report is to get these comments and you will receive all the comments and the responses to them; this is the beginning of the dialogue with the school district. Dennis Whitaker, Cupertino resident: • Said he understood from this evening's comments that they need to meet the ABAG objectives and he was responding in a negative manner to the statement. He said it was his opinion that they needed a plan and to be flexible primarily because those numbers were taken in 1999 and 2000 and possibly staff can respond. He said he heard a rumor they were revising the ABAG numbers, and he wanted to ensure they were flexible with the requirements since they weren't told that in the City Council meetings; but were told they could plan, but not necessarily have to meet them. He urged the Planning Commission to be flexible since they were now being told they need to meet those goals now. • Said he heard the words commercial and industrial properties for overall housing requirements and expressed concern that once you take away the properties, they are gone forever and never come back. They are not saying don't use mixed use, but are saying, be smart and be controlled on how you use those properties. • Expressed concern that he felt there was a credibility problem in that there was a General Task Force set of hearings in July, August, September and October 2003; votes were taken, there was a forum, and votes for the most part were set in the way, they weren't even close. The reason for that contention, the reason for possibly the initiatives, is he felt that they are working against a system that was set in place. • The goals of the Planning Commission and City Council should be the same goals as the citizens have; please hear them. Jennifer Griffin, Cupertino resident: • Said that Cupertino will eventually reach 60,000, possibly 65,000. With the advent of the development of the Vallco north and south properties, that is probably one of the last big chunks of land in Cupertino to be transposed into a future development. • In terms of discussing what the future of the city will be in terms of commercial/industrial, residential, you have to try to keep a good mix for the city; technology has had a down time in the last 4 to 5 years, and they anticipate it is coming back quickly. • Said she hoped that the technology parks in Cupertino are not going to be sacrificed this year for other uses when there is a great need for eventual use by technology when and if it does come back. Cupertino has a very valuable resource in its technology, Hewlett Packard has had development here, Apple was founded in Cupertino. She said Cupertino needs to remember its technology past and future. • There is a good mix of residential and apartment use; a lot of people forget about rentals; one of the things that could be used is rent control in Cupertino which would allow affordable housing. • She urged the Planning Commission to remember that they need to have a very diverse mix of housing, commercial and retail in the city, but eed to look forward and make sure not to sacrifice its technology parks at this time. • Also need to make sure to look at the future of the size of Cupertino and plan appropriately; it is not going to be 100,000 population; it may hit 60,000 in ten years. Chair Wong closed the public hearing. Cupertino Planning Commission I I January 25, 2005 Chair Wong: • Said he wanted to discuss the revised General Plan schedule and appreciated staff s suggestions and also Vice Chair Miller's suggestions. • If additional meetings are needed, a study session can be added; it is important to have a land use wrap up at the end of the third segment of the land use on February 8t', which will means an extra meeting on February 14th to give a summary to the Planning Commission from staff and also provide direction after this meeting. Cam. Giefer: • Said she supported having additional meetings in study session format; and suggested comparing the three documents referenced, with a study session dedicated to reviewing the documents as part of clarifying what should be included in the final document recommended to City Council. Com. Saadati: • Also in favor of having additional informal meetings in a location where there is room to spread out the documents for comparison purposes. • Also need more study sessions regarding land use before closure. Vice Chair Miller: • Supports holding additional meetings at a location suitable for videotaping. • Com. Giefer's point is a good one, said he was not clear on the differences between the alternative and the buildout numbers that the task force put together. Going over those numbers would be helpful for everyone. • I also think that for key areas in town that we should actually discuss those in more detail and make sure that what we are doing there and our objectives there match the current land use designations. Com. Chen: • Supports having as many study sessions necessary; and asked if they were considering a study session above and beyond what staff already recommended. Ms. Wordell: • Said the first option for a revised schedule was to hold two extra, one land use meeting on February 14th and March 14th for the remaining elements of circulation, public safety, and environmental resources. Land use implies housing; hence it would be land use and housing for February 14th and the remainder on March 14th. A brief discussion ensued about a suitable time and date to hold a study session. It was suggested to use the documents including the marked up copy, strike through copy from the task force, which has the original language and the replacement language in one place, the General Plan, the task force draft and the minority report; as well as the Hot Topics, and review section by section to come up with language all are comfortable with, to recommend to the City Council. Chair Wong: • Said it was a good idea and he concurred. Vice Chair Miller: • Asked staff to explain the city's requirements relative to ABAG, what are those numbers and where from staff's perspective should they be headed on that particular issue. Cupertino Planning Commission 12 January 2S, 2005 Mr. Piasecki:; • Said Mr. Whitaker was correct, that the State Department of Housing Community Development who reviews the housing element and the housing element requirements, stipulates that the city is required to identify adequate sites for X number of units. • The city is not in the business of building housing, other than assisting with several affordable housing projects, they do not build market rate housing, but rely on the market place. The city is only required to identify adequate sites and they have done that well. • Staff encourages the Planning Commission to think of it in those terms and also think of it as achieving community objectives such as encouraging commercial in some cases or providing the right type of land use in the right locations; there are some mismatched designations in the community. • So far the General Plan is flexible in terms of allowing a mixture of uses and the market can come in and make a suggestion about what the market thinks is currently the highest and best use. The Planning Commission needs to think about for the long term what is the highest and best use, and staff can help guide the Commission through that process. Some of Vice Chair Miller's suggestions about site specific or area specific are a healthy exercise to go through, and the study sessions will help reach that end. Vice Chair Miller: • Clarified they need to identify the sites, but in identifying the sites in effect they are saying to a property owner or developer that if they come in with a project that does housing in that particular area, the city is obligated to go ahead and approve that project. Mr. Piasecki: • If it is a high quality project that meets all of the other objectives of the city, there would be a commitment on the part of the city, because it is indicated as one of the permissible land uses. • There is a lot of flexibility and there is an opportunity for the city to not just be as generic as in the past, they can sculpt the land uses to meet the objectives and needs of the city and they need to be protective of that and do well. • He said ABAG would publish their next numbers in the near future as the current ones expire in 2006; statewide the due dates for the updates to the housing elements vary from the southern cities to the northern cities. It will likely be 2007 or 2008. Com. Giefer; • That was one particular point with the task force because our current ABAG numbers were created at the top of the dot com boom and there was ill will from the task force that we were having to live today with numbers that all of us knew didn't make sense because we have lost a million jobs in the Bay Area. Mr. Piasecki: • It is almost an academic discussion because the numbers are inadequate in terms of meeting the housing needs; it is irrelevant whether ABAG's numbers, they under -estimated if anything; even with the dot com implosion we still have many more job opportunities, and some people would like to reserve the opportunity for those jobs to backfill those vacant sites and that is what ABAG looks at. Com. Saadati: • It would be ideal to have the summary of what is vacant in the city offices and how to go about encouraging commercial development; in the past sites have been left vacant for commercial Cupertino Planning Commission 13 January 25, 2005 development; is it the right decision to deny housing projects and leave the site vacant for 20 years? That practice needs to be addressed. Chair Wong: • Said they were discussing the housing element tonight and have the North DeAnza area, Apple, Vallco south, Vallco north, and those numbers which were done in 2003. • Asked staff to come back and discuss how they want to reallocate them and why, since it makes sense that in some areas it should be denser vs. where industrial area should remain industrial. Ms. Wordell: • Said those numbers are included in the new option in the Hot Topics document where they have compared all the different options and proposed a new option trying to address some of the task force concerns but address other concerns as well. Discussion ensued regarding the availability of meeting room for the study sessions. Ms. Wordell indicated that the community hall was not available on February 14th. She said she would contact the commissioners individually to set a meeting date. Chair Wong thanked the public, Fine Arts Commission and Housing Commission for their participation. TM -2004-05, U-2004-06, Tentative Map to subdivide a .95 -acre parceiloff four ASA -2004-09 (EA -2004-08) lots ranging from approximately 6,430 s re feet to Wayne Aozasa (CA Water 8880 square feet, plus a remainder,1006f 11,500 square ervice), Greenleaf Drive feet. Use Permit for 4 two- sto ngle-family, two-story residences in a planned dev pment. Architectural and site approval for 4 sin amily, two-story residences in a planned developm Gary Chao, Assistant nner, presented the sta port: • Application is for a Te ive Map to subdi a .951 acre parcel into 4 parcels ranging from approximately 7,000 squat et to 8,500 are feet, plus a remaining lot of 11,500 square feet. • The ASA and Use Permit Applica are not being considered as part of this approval as the applicant has decided to proce ith Tentative Map approval first. • The project is approvable a e Planning 'ssion level. • He reviewed the site ansis, private road, Ca ' rnia Water Service remainder parcel, tree remXtitleof ed ' the staff report. • Stafat the Planning Commission app e the Tentative Map application in accoe model resolution. Noted ththe resolution should be amended to read "the ing Commission is approvine Map application." O Chair Miller: Noted that there were two unattractive structures on the water company land and stioned if the streetscape would be enhanced when the view is open to the public. e CITY OF UE JINO Agenda Item No. 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department Agenda Date Tanuary 18, 2005 SUMMARY: Consider request by Toll Brothers for authorization to apply for a General Plan Amendment to allow up to 460 additional residential units in the Vallco Park Planning Area. These 460 residential units are part of a proposed residential and commercial development that includes 90,000 square feet of commercial area on 26 acres located north of Stevens Creek Boulevard between Wolfe Road and Tantau Avenue. RECOMMENDATION: Staff recommends the City Council take the following action: 1. Withhold authorization for a General Plan Amendment; 2. Direct the applicant to: a. Incorporate a large format retailer into the plan utilizing underground parking for employees; b. Reduce the number of housing units to no more than 300 units; c. Provide a public park, appropriately sized based on the General Plan, that is clearly visible to the public along Stevens Creek Boulevard and provides a connection between the boulevard and the creek. d. Add 1.3 acres gained from the abandonment of Pinch Avenue to the park acreage figure referenced above. BACKGROUND: Toll Brothers is seeking City Council authorization to apply for a General Plan Amendment for a mixed-use project consisting of approximately 90,000 sq. ft. of retail space and 460 residential units on 26 acres in the Vallco Park Planning Area. This authorization hearing allows the City Council to determine whether staff and community resources should be devoted toward the review of this concept. At this time, only a conceptual site plan was provided for this request; therefore issues of building mass and heights cannot be analyzed. The project site is bounded by Stevens Creek Boulevard to the south, Tantau Avenue to the east, Interstate 280, Calabazas Creek and Vallco Parkway to the north, and the Rose Bowl and Menlo Equities ""Metropolitanproject to the west. Printed on Recycled Paper Vallco Park Place GPA Authorization Tanuary 18, 2005 Page 2 Pr®ieet Site South Parcel , ., ...,- N®rth Parcel About 18 acres About 8 acres Vacant 150,000 sf office bldg South of Vallco Parkway North of Vallco Parkway History: On September 3, 2002, the City Council authorized Hewlett-Packard to apply for a General Plan Amendment for 300 residential units on the vacant South Parcel. At the time, the proposed project was 734,000 sq. ft. of new office space, an 11,000 sq. ft. conference center, 387 housing units,11,000 sq. ft. of retail space and a three acre public park (see Exhibit A). Based on lack of activity, this amendment application was closed. Toll Brothers On August 17, 2004, Toll Brothers presented a concept that included 565 units, up to 80,000 sq. ft. of commercial and 3.5 acres of park land to the City Council and Planning Commission at a joint study session (see Exhibit B). The table below describes the Council direction to the applicant and how the current proposal compares. P rnoer.t DetaUs DISCUSSION: Commercial Uses "Main Street" The applicant letter describes a "Main Street" that is not apparent when viewing the site plan. The plan appears to be a standard commercial shopping center arranged around a parking lot. To minimize the parking area, staff recommends that underground parking be constructed for retail employees. Large Fonvat Retailer ('Big -box") The Hewlett Packard property appears to be one of the last opportunity sites in Cupertino to accommodate a large format retailer. The plan incorporates one 50,000 sq. ft. retail tenant space. Staff is aware of large format retailers who would occupy 100,000 - 150,000 sq. ft. of commercial space that are interested in locating in Cupertino and may be interested in this site if it were available. Such a retailer could generate more than $1 million in annual sales tax revenue for the City, wl-ile filling a need for local residents. 4 August 17, 2004 Proposal August 17, 2004 Council Direction Current Proposal Staff Recommendation Units 565 300 460 300 Retail (sq.ft.) 50,000 - 80,000 150,000 90,000 150,000 Park (acres) 3.5 3.5 1.4 3.5 Density (units per acre) Unknown - 27 20-30 DISCUSSION: Commercial Uses "Main Street" The applicant letter describes a "Main Street" that is not apparent when viewing the site plan. The plan appears to be a standard commercial shopping center arranged around a parking lot. To minimize the parking area, staff recommends that underground parking be constructed for retail employees. Large Fonvat Retailer ('Big -box") The Hewlett Packard property appears to be one of the last opportunity sites in Cupertino to accommodate a large format retailer. The plan incorporates one 50,000 sq. ft. retail tenant space. Staff is aware of large format retailers who would occupy 100,000 - 150,000 sq. ft. of commercial space that are interested in locating in Cupertino and may be interested in this site if it were available. Such a retailer could generate more than $1 million in annual sales tax revenue for the City, wl-ile filling a need for local residents. 4 Vallco Park Place- GPA Authorization January 18, 2005 Page 3 Public Parks and ®pen Space Exceptions to the General Plan In its current state, the proposed project directly conflicts with numerous policies of the General Plan related to public parks. The project as proposed would necessitate exceptions to the General Plan through additional General Plan Amendments to exempt this site from the public park policies in the Plan, as described below. Parlc Dedication The General Plan calls for three -acres of public parkland per 1,000 people. Table P17 of Summary File 1 of the Census 2000 states that the average household size in the City of Cupertino is 2.75 persons per household. Assuming a slightly reduced average household size_ of 2.5 persons per household for attached units, 460 units will add 1,150 residents to the City, which means a 3.5 acre public park is required just to serve the population added by this project. The proposal calls for one 1.4 acre public park. Not only is this insufficient in size, its location reduces the likelihood that it will be highly used by the public. According to the General Plan, this 1.4 acre park is not considered part of the developer's park dedication. This park can count as common open space for the proposed residences. Fincli Avenue The project proposes to eliminate about 1.3 acres of public right-of-way encompassing Finch Avenue north of Stevens Creek Boulevard. However, it appears that all of this public land is being devoted to a private purpose that benefits the developer. If the City Council chooses to abandon this section of Finch Avenue, it should only be done so if it provides a significant public benefit. City Council Direction The City Council direction on August 17, 2004 was to limit the residential component to 300 units. These units would necessitate 2.25 acres of parkland. When you add the 1.3 acres from the Finch Avenue abandonment, the result is 3.5 acres. The final residential unit count will determine the appropriate park acreage, as shown in the table to the right: If the City Council chooses, a half -acre of this figure can be collected in fees to help purchase the two San Jose Water Company parcels in Rancho Rinconada and still leave a minimum of 3.0 acres for the development. Council Current Direction Proposal Units _3001 460 Persons Per Household 2.51 2.5 Total Population 7501 1,150 Minimum Park Acreage (3 acres per 1,000 persons) 2.25 3.45 Finch Avenue Acreage 1.3 1.3 Total Park Acreage 1 3.551 4.75 Vallco Park Place GPA Authorization January 18, 2005 Paae 4 Below Market Rate (BMR) Units The applicant's letter also references 60 BMR rental units in addition to 400 ownership units. The City's policy is that 15 % of the total units be BMR. That means that of the 460 units, 69 must be BMR. The letter also indicates that the BMR units will be concentrated in one section of the project. This is not consistent with City policy, which calls for the BMR units to be spread throughout the project. Criteria for General Plan Amendments The City's Municipal Code Section 20.02.025 contains criteria that the City Council should use to initiate consideration of a general plan amendment. The decision to consider a General Plan Amendment should be primarily based on the degree to which the amendment will benefit the community and is compatible with the existing General Plan policies and goals. In addition, the amendment should meet at least one of the following criteria: 1. The amendment appears to support the existing General Plan goals and objectives. 2. The proposed .amendment represents an unforeseen land use trend that had not been considered. 3. The existing General Plan policy, which precluded the proposed land use activity is based on outdated or inaccurate information. Conclusion There is no basis for supporting the Toll Brothers project in its current state at this time. The project does not conform to the General Plan parkland policies and does not represent an unforeseen land use trend. The Hewlett-Packard lands represent the final opportunity to attract a large format retailer to the community and the only opportunity for a large public park on the east side of the City. Only with significant retail and park components should this scale of housing be considered on this site. Therefore, staff. recommends that the City Council deny authorization of a General Plan Amendment Application. Enclosures: Applicant Submittal: Letter and Conceptual Site Plan Exhibit A: Hewlett-Packard Proposal (August 2002) Exhibit B: Toll Brothers Proposal (August 2004) June 11, 2001 Study Session Minutes August 17, 2004 Study Session Minutes Prepared by: Peter Gilli., Senior Planner Steve Piasecki Director of Community Development Approved by: David W. Knapp City Manager .. . . ....... Vallco Park Place Proposed Project Description January 3, 2005 Proposal: Toll Brothers, in conjunction with its retail development partner, proposes to redevelop the Hewlett Packard property at Stevens Creek Boulevard and Finch Avenue in Cupertino (formerly known as the Compaq site), with a new mixed-use residential and retail community. The new community, called Vallco Park Place, will provide high quality for - sale and affordable rental housing opportunities integrated with exciting new retail uses. The development proposal contains approximately 90,000 square feet of retail space, 4®® for -sale homes in three distinct housing styles, 6® affordable rental apartments, a 1.4 -acre public park in addition to private residential amenities. Existing Conditions: The site comprises two parcels of approximately 26 acres bounded by Tantau Avenue to the east, Stevens Creek Boulevard to the south, Highway 28® to the north and Vallco Fashion Park to the west. The "South parcel" is currently undeveloped along Stevens Creek Boulevard between Tantau and east of Finch. The "North parcel" contains a vacant 3 -story office building and parking lot between Vallco Parkway and Highway 280, and is bordered by Tantau Avenue on the east and Calabazas Creek on the west. Adjacent Uses and Connections: The site is adjacent to a 3 -story, 107 -unit. residential building over a semi -subterranean parking garage currently under construction by Menlo Equities Group on the west side of Finch Avenue ("The Metropolitan") and. the Vallco Rosebowl site which received approval for a 5 -story, 204 -unit mixed-use shopping and residential center located over a subterranean parking garage in late 2004. There is an office building west of Tantau Avenue. Along the western edge of the South parcel property is a pedestrian -oriented lane with limited vehicular access. This lane provides shared outlook and frontage for both the Metropolitan and Toll Brother's new housing. Toll Brothers' proposal contributes to efforts to meet the goals and objectives in the Land Use and Community Character element of the adopted General Plan which encourage housing, retail, and other active uses along Stevens Creek. The proposal also meets the City's criteria that new Vallco Park area projects contain active retail uses with good interior connections for pedestrians, and include amenities such as outdoor dining areas and public open spaces. Toll Brothers, Inc. Page 1 January 3, 2005 Draft Project Description — Vallco Park Place Vallco Park Place Proposed Project Description January 3, 2005 Proposal: Toll Brothers, in conjunction with its retail development partner, proposes to redevelop the Hewlett Packard property at Stevens Creek Boulevard and Finch Avenue in Cupertino (formerly known as the Compaq site), with a new mixed-use residential and retail community. The new community, called Vallco Park Place, will provide high quality for - sale and affordable rental housing opportunities integrated with exciting new retail uses. The development proposal contains approximately 90,000 square feet of retail space, 4®® for -sale homes in three distinct housing styles, 6® affordable rental apartments, a 1.4 -acre public park in addition to private residential amenities. Existing Conditions: The site comprises two parcels of approximately 26 acres bounded by Tantau Avenue to the east, Stevens Creek Boulevard to the south, Highway 28® to the north and Vallco Fashion Park to the west. The "South parcel" is currently undeveloped along Stevens Creek Boulevard between Tantau and east of Finch. The "North parcel" contains a vacant 3 -story office building and parking lot between Vallco Parkway and Highway 280, and is bordered by Tantau Avenue on the east and Calabazas Creek on the west. Adjacent Uses and Connections: The site is adjacent to a 3 -story, 107 -unit. residential building over a semi -subterranean parking garage currently under construction by Menlo Equities Group on the west side of Finch Avenue ("The Metropolitan") and. the Vallco Rosebowl site which received approval for a 5 -story, 204 -unit mixed-use shopping and residential center located over a subterranean parking garage in late 2004. There is an office building west of Tantau Avenue. Along the western edge of the South parcel property is a pedestrian -oriented lane with limited vehicular access. This lane provides shared outlook and frontage for both the Metropolitan and Toll Brother's new housing. Toll Brothers' proposal contributes to efforts to meet the goals and objectives in the Land Use and Community Character element of the adopted General Plan which encourage housing, retail, and other active uses along Stevens Creek. The proposal also meets the City's criteria that new Vallco Park area projects contain active retail uses with good interior connections for pedestrians, and include amenities such as outdoor dining areas and public open spaces. Toll Brothers, Inc. Page 1 January 3, 2005 Draft Project Description — Vallco Park Place Retail and Dining: The proposal would result in the development of approximately 90,000 square feet of new retail shops and restaurants located on 9 acres of the south parcel at the intersection of Finch and Stevens Creek. The retail plan proposes to vacate Finch Avenue while maintaining the underground storm drainage easement through the new retail parking area. Exact retail tenants are unknown at this time, but are expected to include a mid- sized grocery store, book and media store, sit-down restaurants, cafes and retail shops. The primary feature of the retail center is the "Main Street" which will connect the two anchors with the smaller retail shops and integrate three levels of affordable apartments above the retail overlooking the Main Street. Selected retail tenants, including the two anchors, are proposed to occupy buildings oriented along Stevens Creek Boulevard. These retail users are intended to contribute to the vibrancy of Stevens Creek, create a pleasant and safe pedestrian experience along both Stevens Creek and the new interior main street, and provide retail continuity from the adjacent Menlo Equities retail shops. The retail Main Street will be a shopping and dining destination with a pedestrian arcade containing pedestrian amenities, outdoor dining areas, unique lighting elements and street furniture to connect the shops and restaurants. Pedestrian pathways between the shops will provide gathering and meeting spots for local residents and visitors, and create inviting landscaped connections between the new homes, public and private open spaces, and adjacent properties in a true mixed-use plan. New Housing: The new residential neighborhood will consist of 400 for -sale homes carefully located to be good neighbors to the adjacent residential uses (Metropolitan and Vallco Rosebowl). Toll Brothers proposes to include an additional 60 affordable rental units integrated within the retail area which will be available to qualified lower income families in compliance with the city's Below Market Rate housing program. The proposed housing mix includes: 189 stacked flats in 4 -story, elevator accessed buildings in the south parcel adjacent to the Menlo Equities and Rosebowl sites, containing single -level floor plans ranging in size from approximately 1,400 square feet to 1,800 square feet ® 118 3 -story flats and townhomes in the south parcel situated along Stevens Creek Boulevard, Tantau Avenue and Vallco Parkway containing a mixture of single -level and 2 -story floor plans ranging from 1,300 square feet to 1,600 square feet ® 93 3 -story row houses in the north parcel, containing single level and 3 -story floor plans ranging from 1,500 square feet to 2,250 square feet ® 60 affordable apartments located in 3 levels above the retail shops, including 1-, 2-, and 3-bedroorn units. These rental apartments will comply with the city's BMR requirements. Toll Brothers, Inc. Page 2 January 3, 2005 Draft Project Description — Vallco Park Place Open Space: The project proposes to offer for dedication to the City of Cupertino a new on-site public park that will serve nearby and future residents. The 1.4 -acre public park could include such uses as a tot -lot and picnic areas, and allow informal sport games such as children's soccer or baseball. In addition to the public park and landscaped pedestrian arcade, Toll Brothers is proposing private open space and amenities that will include a community facility and swimming pool for future residents' use. Parking: The retail center will provide a parking ratio of at least 5 cars per 1000 square feet of retail space, providing for a safe and convenient parking experience. The condominiums, row houses, and townhomes will have one covered parking space for each one bedroom, home and 2 covered parking spaces for each home providing 2 bedrooms or more, in addition to guest parking. The rental apartments will each have a designated private parking spot for each apartment. This proposal is expected to meet or exceed the city's minimum parking requirements. Project Approvals: Upon receiving authorization to submit an application for a General Plan Amendment., Toll Brothers will work with staff and officials of the City of Cupertino to prepare and submit the materials to apply for all necessary approvals. Toll Brothers anticipates that this proposal will require a General Plan Amendment for the housing units, Rezoning, Development Agreement, Vesting Tentative Map, Use Permit, Architectural Site Approval and possible Exceptions to the Heart of the City Specific Plan. Toll Brothers, Inc. Page 3 January 3, 2005 Draft Project Description'— Vallco Park Place .3 r 1111 _ r s r wl Vallco Fashion Park Mall ow ® ®.® T .+ ♦ . ! I IN TOLL CUPERTIN 4-: SCHEME J -lb Total Units 460 Market -Rate Units 400 ; Affordable Units 60 Th Metropolita Retail (appx.) 90,000 SF, Retail Parking (aPex.) 500 cars Public Park 1.4 Acre i North Parcel Cottages (Town Houses) 93 South Parcel Terraces ( Flats) 189 Villas (Town Houses over Flats) 118 Affordable units 60 Legend Residential Retail Mixed Use Community Facilities Open Space - Public Parks —I Courtyards T 0 50' 100' Dn A F UScheme Jl-b / Dec.28, 2004 Rev. C �.� - F: �� t . atg P • A f. a 1411, i ervic"Wo. e a. saa > 1 f - II onununlly 50,000 SF Fauhty r 7 f I -------------- i,. ' .•t 18,000T I SF -0 0, fill, w n o 0 0 rn -e o e o a o o STEVENS CREEK BLVD. L Vallco Park Place, Cupertino - Proposed Site Plan Toll Brothers Inc I Solomon E.T.0 f,� b si Yv a ° ,'`, ° / 0 ` 0 U i p iz O i 0 f. F O " ' ° ♦ k =��f. I/ tom\ , ` p T 4 ��, o I• IAw I f I I • I I I I I 11 I I `� _._._J �.. 18,0®® _ SF a • • ' f • �: AMID. ARO n Ab� i F. w I . .T, AQ4, O O o 0 o o' O O O o p O p O O p O 0 50' 100' DA F `7 Scheme JI -b / Dec.28, 2004 Rev. e Vallco Park Place, Cupertino - Proposed Retail Square Toll Brothers Inc I Solomon E.T.0 EXHIBIT B ik E P in� Illustrative Site Plan The principal ideas of the site plan are as follows: STEVENS GREEK BLVD. O ORAR Aug 17, 2004 Plan Summary 565 Total Units 50,000 - 80,000 SF Retail Surface Parking for 375 Cars (shown) 5.25. cars/ 1000 SF of Retail (shown) North Parcel Stacked Flats 175 Townhouses 40 Subtotal 215 Units South Parcel Stacked Flats 220 Townhouses 130 Subtotal 350 Units Open Space A narrowed and newly landscaped Vallco Market Square 0.50 Ac. Parkway becomes the heart of a new residential 1.00 Ac. neighborhood with a strong pedestrian connec- 1.50 Ac. tion to Vallco Fashion Park Mall and the revital- 0.50 Ac. ized Rose Bowl site with its new grocery store. 3.50 Ac. Well-defined residential parks north and south of Vallco Parkway link directly to this recon- i t - structed boulevard. f_ Continuous retail and residential frontage give #� new defmition to Stevens Creek Boulevard. lMarket Square, surrounded by retail and high- igh-!` I< ) density housing, is visable and accessible from Stevens Creek Boulevard. It will be the locus of civic life for the new neighborhood. Residential Retail _t CorrunurrityFacilities Parks it ` Residential Courts Plazas - rs STEVENS GREEK BLVD. O ORAR Aug 17, 2004 Plan Summary 565 Total Units 50,000 - 80,000 SF Retail Surface Parking for 375 Cars (shown) 5.25. cars/ 1000 SF of Retail (shown) North Parcel Stacked Flats 175 Townhouses 40 Subtotal 215 Units South Parcel Stacked Flats 220 Townhouses 130 Subtotal 350 Units Open Space Market Square 0.50 Ac. Park B 1.00 Ac. Park C 1.50 Ac. Greenways 0.50 Ac. Total 3.50 Ac. Site Area: North Parcel 7.9 Acre South Parcel 18.7 Acre Total Size 26.6 Acre Densijy Gross Density 21.2 du/ac Vallco Park Place Toll Brothers, Inc. I Solomon E.T.C. 3 i2jtJtSrl��s JANUARY 7, 2005 HOMES WANTED: Homes sales and home prices in California reached record highs in 2004. 20,04: banner year for state's residential. real estate sales The California residential real estate The last time the state exceeded 200,000 market in 2004 will be one for the re- permits was in 1989, when 238,000 per - cord books, according to the California mits were issued. Yet this year's permit Association of Realtors. total fell short of household growth, Here.are some highlights: which is estimated at between 220,000 x::2004 will. be a record and 250,000 households in 2004. year for sales, which to increase 3 First-time homebuyers as a share of the total fell to an all-time low are projected percent over 2003's record market of 26 percent in 2004, based on C.A.R.'s . sales figure of 601,800 exist- annual Housing Market Survey. ing detached homes...-- omes:::2004 2004willbe a record year for home prices The'median'price of a single-. Forecast: California construction to family home in California crossed the grow slower in '05 $400,000 threshold late in 2003, and California's construction volume to- taled $5.96 billion in November, down Digest RealEstate Digest 9.8 percent from October but up 25.6 a�Jlll l��lll percent from November 2003, reports the Construction Industry Research Board. It also predicts slowing growth will -finish 2004 with an annual me- for 2005. than in excess of $450,000, 22 percent "Normally we see a big dropoff (in) higher than the 2003 annual median of November in most sectors," says Ben $372,700, when final figures are com- Bartolotto, the board's director of re - piled, CAR says. search, in a written statement. "Chalk . The percent increase in the median it up to a seasonal decline." price of a single-family home increased With December results not yet in, the by double digits for the third consecu- board estimates that total construc- tive year in 2004. < tion volume for 2004 will reach $77.17 Time on the market — the median billion, up 3.7 percent from 2003. That number of days it takes to sell a single-. - would be a slower gain than the year I family home - was the third lowest on before - volume rose 5.9 percent from record at a projected annual average of 2002 to 2003. 29 days, surpassed only by 2003 at 27. Moreover, the pace looks slower still days and 2002's all-time low of 26 days. for the new year. In 2005 the board ex- xBut Butthe -Realtors' "Housing Afford- pects a 1.1 percent gain to $78.05 billion, ability Index" fell to 19 percent in May, the press release said, with increases "fractional the first time the index has hit the in all categories except for teens since December 1989. Since that declines in school construction and time, rapid price appreciation and roads and bridge construction." marginally lower interest rates have Final numbers for 2004 should be generally offset each other, keeping ready by the end of the third week in the -HAI in the 18 -percent to 19 -percent - January, Mr. Bartolotto says. range throughout the summer and fall of this year. If not for unexpectedly low interest rates throughout much Essex buys 173 units of the year, price appreciation might Palo Alto -based Essex Property have driven the HAI to historically low Trust, Inc. (NYSE: ESS), a real es - levels that were last seen in May/June tate investment trust with apartment 1989 (14 percent). communities located in targeted West The affordability gap between Cali- Coast markets, says it's acquired two fornia and the U.S. reached an all-time apartment communities, aggregating annual high of 36 percent in 2004. Na- 173 apartment units, in Ventura for ap- tionally, affordability was at 56 percent proximately $28.3 million. in 2004, four points below its record The company used the remaining high, proceeds from the sale of its interest New home building eclipsed the in Coronado North, a 732 -unit multi - 200;000 mark in 2004 for the first time family community located in Newport in more than a decade, with an expect- Beach, to fund the transaction. Both ed total of 206,000 permits for the year. properties are unencumbered. JANUARY 7, 2005 C � � � i; I P I: 6 r' y r raLL WW:to � ,.F�t C ! �i s�'. -k a ka BY TIMOTHY O ab• The Santa Clara County sales tax must increase if the cities of San Jose and Santa Clara. are to connect to BART, says the new chairman of the Valley Transportation Authority. Joe Pirzynski, a psychotherapist and Los Gatos. City Councilman, is also calling for a change in priorities. to ensure that the county's smaller com- munities are not left out. That means, he says, that the Caltrain line from Gilroy to San Francisco would be elec- trified and the bus system expanded before BART comes rolling into Diri- don Station in San Jose. "Putting all of our focus on BART misses the underlying, system our buses, roads and transit -oriented de- velopment," he says. Mr. Pirzynski, who was scheduled to take the. VTA chairman's post on Jan. 6, comes aboard in the midst of great upheaval. The VTA lost 25 percent of its revenue during the downturn and had to cut jobs as well as train and bus service. General Manager Pete Cipolla announced hisdeparture on Jan. 4, after a revolt by cities that felt Mr. Ci- polla. didn't listen to them. The:; new chairman will. lead the search for a new general manager and attempt to forge a consensus on BART among the agency's many constituents. He likely will promote the sales tax .increase as the only way to keep full funding for BART alive and pay for the projects that the smaller communities are demanding - Caltrain electrifica- tion and expanded bus service. "The perception was that everything was being delivered to the core," Mr. _ Pirzynski says.,The "core" means San Jose. San Jose City Councilman Dave Cor- tese, who serves on the VTA board, is more blunt. - ",The cities are saying they want the priorities changed in exchange for their support for BART," he says. The future looked bright in 2000 when,. buoyed by. soaring sales tax revenue, the VTA called on voters to approve.a 30 -year extension of a 1/2 - cent sales tax that,was set to expire in 2006. The sales tax revenue would pay more than half of the $4.1 billion cost of bringing BART, the popular transit line,16.miles south of Fremont to San Jose and Santa Clara, where it would link to the.airport. ,The ballot measure passed with 70.6 percent of the vote. But, as the economy shriveled, so did VTAs tax revenue. It fell from $183.5, million in 2001 to $132.6 million last year. This year, it is projected to.rise. slightly to $138.9 million. >Pressed for cash, the VTA .cut jobs and; service. Meanwhile ;the,; state, which had promised $760 million, was wondering. where it 'would find the money,. and hoped.the federal govern- ment would contribute. $494 million, which has yet to materialize. As the BART plan appeared to falter, the smaller -cities in the. county .began to assert themselves; calling for proj ects that would have a greater effect on their communities. . "Sunnyvale wants a light rail line. Palo Alto wants electrification of Cal - train." Says San. Jose Councilwoman Cindy Chavez, who is the vice chair - 4 �tip] is tax c' � �fi.€yam�� 1fa A RT forward woman for 2005, "Every single city has an issue." So do those who had questions about BART from the beginning, like Don Gage, county supervisor and outgoing VTA chairman. He wouldn't support the BART extension in 2000 until it was balanced with some spending on roads. He suggests cutting the cost of BART about in half by stopping it at San Jose's eastern edge and connect- ing it to light rail. That would avoid the high cost of tunneling underground through San Jose to Santa Clara. "I'm looking at this thing from the financial point of view," Mr. Gage says. "It's starting to look unrealistic to run that system all the way from Warm Springs (which is at the county line) to San Jose." The other option is the sales tax. "At some point you have to put it on the ballot," says San Jose City Coun- cilman Dave Cortese, who also serves on the VTA board. "We're facing a liquidation sale if we don't get a sales tax measure".:, The names most associated with Measure A, the sales tax measure, are San Jose Mayor Ron Gonzales, who could not be reached for comment . for this story, and Carl Guardino, the president and.CEO of the Silicon Val- ley Manufacturing Group. Mr. Gonza- les championed the BART extension when he ran for mayor in 1998. Sup- porters of BART asked the manufac- turing group to take the lead in pass- ing the measure: Last fall, at the lowest point of the re- cession, the VTA asked the manufac- turing group to determine the level of support for a second sales tax. It found that a bare majority of voters would vote for the sales tax, but not the two- thirds it would need to become law. The manufacturing group might consider running a campaign for a sales tax, but only if there appears to be strong support for it, the economy would support it and riders were pay- ing a greater share of the revenue, Mr. Guardino says. And most importantly, he adds, "We have to keep faith with the voters on past measures." Mr. Pirzynski's view on BART is that, without more revenue, it would have to be scaled back, a decision that he says would be short-sighted. "We need to go to the voters and say, `You told us in 2000 what you wanted. Times have changed; is it still what you want?"' In reordering VTA's priorities he would like to speed up replacement of Caltrain's diesel locomotives with electric trains and to introduce com- munity bus service with small buses that would travel the streets of small communities. VTA is planning a pilot program in Los Gatos. Mr. Pirzynski takes great pride in Los Gatos, where he's lived since 1974. He has served on the city council since 1998, helped establish the town's Fourth of July celebration and its film festival. "Los Gatos is the Switzerland of San- ta Clara County," says Mr. Cortese. ".Mr. Pirzynski is a real diplomat. I can't think of a better choice to lead us out of this morass." TIMOTHY ROBERTS covers technology for the Business Journal. Reach him at (498) 299-1821. sobrato ,ell Silicon V R&D properti for million SITARON SIMONS®N ssimnmmn(rDNAM rnshumm Sobrato Development Cos. of Cuper- tino, one of Silicon Valley's largest com- mercial property owners, has sold a clus- ter of older research and development properties to two regional investors for $62.5 million as part of the company's ongoing plan to diversify into apart- ments in and outside the region. The deal, which closed Christmas Eve, will reduce Sobrato's valley holdings to .9.5 million square feet of office and R&D buildings while adding to its cache of 7,000 apartment units in California, Oregon and Washington, says Sobrato principal John Michael Sobrato. The buyers are South Bay Develop- ment Co. of Campbell and Pacific Coast Capital Partners LLC of San Francisco. I FROM PAGE 3 acres in mid -2002 for $24 million. At the time, the deal was seen as an early opportunistic buy by the partnership, which was seeking to cash in on Nortel's vast troubles and the deep commercial real estate recession. Aaron Giovara, a. . partner and cofounder of Pacific Coast, says the deal still looks good to him.. "We're not going to know for sure . until we lease it or sell it how good of an investment it is, but we still like the basis and .the property and think it's something we'll do wellon," he says. SHARON SIMONSON covers real estate for the Business Journal. Reach her at (408) 299-1853. Mr. Sobrato says the 650,000 -square - foot sale in no way reflects pessimism about Silicon Valley as Sobrato's valley holdings remain extensive. Even after the sale, the company should still rank among the top three largest valley com- mercial property owners along with Eq- uity Office Properties Trust of Chicago and Legacy Partners Commercial of Foster City, according to the 2004 Busi- ness Journal Book of Lists. "We are arguably selling at the bottom of the market today given where prices and values are," Mr. Sobrato says, "but from my perspective, the reason to con- sider selling at the time that we did is we still own 9.5 million square feet. It's strictly diversification." Indeed, a string of substantial prop- erty sales valley -wide in the last six weeks — and the expectation of at least 1235 Elka.Drive, Sunnyvale 965 East Arques Avenue, Sunnyvale 970 Stewart Orive, Sunnyvale 871 Fox Lane, San Jose 1704 Automation, San Jose' 1710 Automation, San Jose a half-dozen newproperties coming to market in the next six weeks — testify to continued investor confidence in the region despite its recent travails. Buy- ers are paying prices that assume rising rents, as well, which also signifies opti- mism, Mr. Sobrato says. The deal is at least the fourth of its type for South Bay, which has been among the most active buyers and sell- ers of commercial buildings in the val- ley in the last three. years. Since 2002, South Bay and partners have acquired more than a million square feet of office and R&D buildings en masse then sold building by building to small businesses seeking to capitalize on low interest rates and depressed prices. In other cases, the deals have involved overextended technology companies shedding excess real estate. hi the present transaction, three of the nine buildings are leased for less than two years and the remaining ones are vacant. "We're good at buying vacant build- ings cheaply and repositioning them for sale or lease," says Mark Regoli, a South Bay executive vice president. "It takes a certain amount of patience and hand -holding" because business o ,ners typically aren't active in real estate and the decision can be a substantial one for them. Pacific Coast brought South Bay into the deal late last year, Mr. Regoli says. South Bay and Pacific Coast remain owners of the former Nortel 1Qetworks campus in Santa Clara. The duo bought the 359,000 square foot building and 16 See R80, Page 32 JANUARY 7, 2005 VOL 22, NO. 36 $1.50 96 N. Third St. Suite 100 San Jose, GA 95112 JANUARY 1, 2005 VOL. 22, NO. 36 $1.50 96 N. Third St Suite 190 San Jose, CA 95112 STAY CAUGHT UP:Sign up for free e-mail news updatesijros n1Z!GU;:.I C0M VTA bets $ 84M oexpafl� sion. DV ANDREW F. HAMM ahamm @ bizjoumals.cc m VTA has bet an additional $84 million on its ability to extend Caltrain to Gilroy and BART to San Jose — a wager that some critics think may not pay off. The Santa Clara Valley Trans- portation Authority gave Union Pacific:Railroad $10 million for the right to run two additional roundtripsbetween San Jose and Gilroy and secured an option to acquire ,three more roundtrip slots at $5 million each. The deal — financed by Measure A, a county sales tax measure passed in November 2000— includes $37.33 million for UP's 47.75 -acre San Jose maintenance yard plus $37 million to upgrade 21 miles of UP track line between Gilroy and San Jose by 2010. "we're planning for the fu - or anticipated growth in Lth (Santa Clara County)," TA chief construction of- ficer Jack Collins. "What we use will depend on ridership." Under the Caltrain partner- ship between Santa Clara, San Mateo and San Francisco coun- ties, each county is required to buy track rights within its own jurisdiction.' Ridership between Gilroy and San Jose has dropped 65 percent since 2003 since Highway 101 was widened in early 2004 and Caltrain officials can't say when MORE TRAINS: Caltrain commuters between San Jose and Gilroy may have more schedule options thanks to a deal between Union Pacific and VTA. they would add more trains. ect will include doubletracking Pacific before that," says UP "We will have to look at the three separate portions of the spokesman John Bromley. "We market in Gilroy more closely track to allow UP freight trains thought .this was a very . good before we commit to any (more to pass commuter trains and deal for us." trains)," says Caltrain spokes- vice versa. Rail advocates say VTA could woman Jamie Kunz. The $35 "This has never been a major See TRAINS, Page 33 million track improvement proj- freight line for UP or Southern I. TRAINS: VTA seeks Caltrain expansion FROM PAGE i should spend; that money on improv- i ing existing bus and light-rail service. VTA has secured 80 percent of the 1 $3.2 billion needed to extend BART to San Jose, but there is growing doubt whether the remaining money will I ver be secured. "I don't see that yard being used i for two decades, if ever," says Eugene Bradley, founder of the VTA Riders, Union. For VTA, the key to the deal was the UP maintenance yard. "There isn't too many sites like this left in Silicon Val ley," Mr. Collins says. "We've protected it ... from any other development." .. However,, the property was pur- chased "as is,".and VTA has yet to do any significant environmental eval- uation, Mr. Collins says. UP has. 18 months to vacate the premises located at Brokaw Road near Interstate 880.. The maintenance yard also would j house BART trains. VTA has budgeted $235 million of Measure A money for i renovations and new buildings needed for the maintenance yard. The.environmental impact from de- .i .cades of UP use hasn't been deter- I mined, Mr. Collins says, VTA has yet to do soil sampling or inspect the exist- ing buildings on site. Abandoned UP yards elsewhere have been hit with cleanup bills totaling tens of millions of dollars. ANDREW F. HAMM covers transportation for the Business Journal. Reach him at (408) 299-1841 sll0-1v up b pti-blic discussion Ot t,yein_erod Plan Five more meetings coming up. 'before it reaches city Council By HUGH BIGGAIZ he first formal hearing on possi- ble amendments to Cupertino's General Plan turned out to be more of an intimate conversation, given the small turnout. Just nine res- idents and one lobbyist showed up. The planning commission's meet- ing was the first of six scheduled pub- lic hearings on a new draft of Cupertino's General Plan. The General flan, which is required by law, serves as the city's blueprint for guiding future growth. "We are not tallying about a wildly -ent anything," said Cupertino munity Development Director Piasecki of the General Plan task force recon -emendations. The task force previously identified sever- al "hot 'topics" for public" discussion including building heights, building setbacks, development allocation, the size of commercial floor areas and economic development.. "' ne question is, where do you want to see the city go?" punning commis- sioner Nlarty Nliller asked at the Jan. 11 i-neeting in the -community hall. Jennifer Griffin, a resident of Rancho Rinconada, said she hoped the city would go slow and low by limiting building heights in the Vallco Fashion Park area to three stories. By doing so, Griffin said, the city could protect Rancho Rinconada's views 'of the hills, and preserve its suburban character. She also hoped the city would maintain current standards for. setbacks (building distance from the street) as a means of preserving Rancho Rinconada's already limited green spaces. "1 would like to see Cupertino's setbacks maintained becau.se they discourage infringe- ment into the greenbelt," she. said. -mis Whittaker, of the _, n ci Citizens of Cupertino, a orpinization that advocates for controlled growth in the city, also -tsked the commission to consider scl-rools when slaking decisions on c1_e ; r loi?meat projects. Whittaker rt l o Volume 57, Number 52 ,�- January 19, 2o05 a Cupertino, CA -Est. 1947 Qwww.cupertinocouriercom Plate.® Churches - aski'ng for more space Continued from page 1 noted .Cupertino's well-regarded schools are source of pride of for the community. Whittaker said the high quality of the schools could be undermined by an influx of students from new residential projects. Such residential projects were also topics of concern for planning commis- sioners and city officials, who spoke in favor of -mixed-use commercial and res- idential projects. "We need to promote mixed-use res- idential housing," Piasecki said. "Particularly since we have an afford- ability problem." Noting the downturn in the economy, Nfiller also spoke for replacing vacant commercial and industrial buildings with more residential properties. "It's one of the few times the market has turned in such away that allows us to achieve housing growth," he said. "we can make the* case that we can use the land very effectively. Some of our stock is no longer marketable." Miler also proposed adding more housing for senior citizens and making space for churches, noting a large num- ber of church groups asking for space. Beverly Bryant, a representative from the .Home Builders Association of Northern California, also spoke for future mixed-use projects and keeping an open mind. "'There is lots of possibil- ity for mixed-use and creative design. The time has come for innovation," she said, handing out her card to the plan- ning commissioners. Cupertino residents will have another opportunity to offer their thoughts on the proposed General Plan amend- ments at a Jan. 25 planning commission meeting, which will focus on land use. The meeting is at 6:45 p.m. in the new community hall. The hearings are considered a vital means for the public to weigh-in on, the task force's recommendations. At the conclusion of the six hearings, the plan- ning commission will make recommen- dations to Cupertino's city council. The city council will approve a finalized General flan in the spring. Griffin said, "It's good for residents to have a discussion about what is impor- tant for the future of the city." . CITE' OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 DEPARTMENT OF COMMUNITY DEVELOPMENT Application No.: GPA -2004-01, EA -2004-17 Agenda Date. January 11, 2005 Applicant: City of Cupertino Location/APN: City-wide Application Summary: General Plan amendment to revise the General Plan Recommendation - Staff recommends that the Planning Commission: 1. Discuss the Hot Topics in the Land Use Element as listed below 2. Continue this agenda item to'January 25, 2005 Background - The City Council authorized the Task Force Draft General Plan as the public hearing draft for the General Plan review. The Task Force Draft and other supporting documents were provided to the Planning Commission in September 2004. Discussion - Land Use Hot Topics scheduled for discussion at this meeting are shown below. Housing and _the One -Percent for Art -Ordinance will be discussed on January 25. W ® Maximum Building Heights ® Setbacks © Development Allocation ® Commercial Floor Area Ratio ® Economic Development Plan All of these Hot Topics are discussed in the Hot Topics document previously provided. Additional information on setbacks will be provided at the meeting. Next Steps- A tentative schedule was previously provided to the Planning Commission, and is provided below. The only change is that the Bicycle and Pedestrian Commission and Public Safety Commission have switched dates, at their request. ® January 25 Land Use (with Housing Commission and Fine Arts Commission) E General Plan Amendment - Land Use Page 2 ® February 8 Land Use Remaining Land Use Issues, including Park/ Open Space Issues (with Park and Recreation Commission) and General Plan changes for specific properties ® February 22 Environmental Resources, Health and Safety (with Public Safety Commission) ® March 8 Circulation (with Bicycle Pedestrian Commission) ® March 22 Preliminary amendments to Task Force Draft and Draft Environmental Impact Report ® April 26 Recommend Approval of Draft General Plan and Draft Environmental Impact Report to City Council Enclosures: ® Task Force Draft General Plan, Hot Topics, Minority Report (provided previously, please bring to meeting) • Corrections and Clarifications (revised) • Comparison with Existing General Plan Policies (provided previously and enclosed again) ® Land Use Map (revised) ® General Plan Appendix Comments from Community Forums (November 15 and December 6, 2004) Prepared by: Ciddy Wordell, City Planner Approved by: Steve Piasecki, Director of Community Developmer G:planning/ pdreport/GPA-2001-011-11--05 Cupertino Planning Commission 11 January 11, 2005 • The city has no characteristic; the city can take the catalytic approach of defining a project and then ask for a request for proposal. • Suggested that Cupertino have an educational center. • Transportation system is poor and getting worse, and Cupertino is far from the public transit system. • Suggested a free shuttle service and create a transit center. • Said the city should become more of an activist in the environmental energy in these areas; save much of the energy costs which will provide funding for other projects in the city. • Would be happy to work with the planning department in defining some of these ideas to become proactive. Ms. Wordell: • Noted that the topics of sustainability and energy efficiency will be scheduled for the February 22 meeting. Chair Saadati closed the public hearing. Com. Miller: • Said if he had support from the remainder of the Commission, it would be a good exercise if staff good identify some commercial and/or industrial buildings that are perhaps on the fringes of the residential area not currently in active use that might be considered for reclassification. • There is a large contingent of people in Cupertino who want to keep the growth down and one of the obvious ways to do that is to take structures out of commission that generate jobs because it is the jobs that generate the development and the subsequent housing development. This is a way to slow growth down and also reduce the ABAG requirements if they are based on space whether vacant or not; that would reduce their requirements and if some of this property is put to housing, then that benefits the other side of the equation as well, so that we get some housing going on, we get a reduction in our industrial base, and we balance things out that way. There was Commission consensus to continue the application to the January 25, 2005 Planning Commission meeting. None None : None Housing Commission: Com. Giefer the meeting was postponed. ADJOURNMENT: he meeting was adjourn e January 25, 2005 regular Planning Commission meeting at 6:45 p.m. BY: /s/ Elizabeth A. Ellis Elizabeth A. Ellis, Recording Secretary e� 0 04T C e ino Planning Commission January 11, 2005 • She reviewed the hot topics, including building heights, setbacks, development allocation, commercial FAR, and economic development plan. • Said the Planning Commission may want to focus on residential at the next Planning Commission meeting since the Housing Commission will be present at the meeting. Mr. Pinsecki: • Illustrated a graphic of the Crossroads commercial district and Vallco Park, which are the two commercial focal points of Cupertino. • It is not so much a matter of whether it is 20 or 30 feet of setback or 35 or even 40 feet of height, it is more an issue of what kind of economic engine will be necessary if at all to enable the areas to develop to a desired vision. In particular Vallco, it can be seen on a rose bowl that the city has approved the 200 units over 140,000 square feet of commercial and the look and feel of Vallco Parkway will take on more of a main street look with the sidewalk becoming a major pedestrian corridor. • Vallco is looking at putting some commercial on the Penney's side of Vallco Parkway as well, which may result in a critical mass of commercial on both sides of the street that will allow that street to be complementary to what is happening at Vallco Fashion Park. It is clearly a market driven decision; this is the property owners coming to the city asking to provide this mix of uses in a much smaller format but very similar to Valley Fair and Santana Row; it is a consistent concept. • For the Crossroads district, similar issues exist, because in the case of Vallco it clearly is the residential that is driving the redevelopment of that area. If you were to eliminate that use entirely, you probably would not have seen the rose bowl redevelopment in the near term because there would be no incentive. Ten years ago it might have been office that was the hot market item; so the question for the General Plan is how flexible do we want to be as a city, how important to us as a city to ride the economic waves that are coming to us, however restricted that might be or however confined it may be; or do we just ignore those waves and not ride them at all. • It comes down to what does Vallco need to be, what is a reasonable level of development acceptable to inspire them to provide the theaters, expand the commercial, provide a new market, connect things and reinvigorate Vallco so that it can get in tune with the 2151 century, because clearly it is not there yet. • Crossroads district may be on a smaller scale, same issues; mixed used can be allowed only under certain conditions, and the city gets the objectives that it is after, a predominantly retail, walkable type of community. The question is should any other alternate uses be allowed in the Crossroads to enable some of the redevelopment that may be envisioned for the Crossroads to happen. In the case of the Crossroads, you can be much more restrictive, it clearly is a commercial district, predominantly it can continue to be that. • Anderson Chevrolet site for example, people have been talking about possibly redeveloping it, staff has stressed the commercial focus which is needed on that property. • Some inquiries have asked if they could do some residential, have some enhanced commercial, would the city entertain that, and we have cautioned them severely because there doesn't seem to be a sentiment in favor of it. Nevertheless, people are looking at a variety of options. It is good to look at land use as a means to an end, the end product is trying to be achieved, what do you need to do in the marketplace to achieve that; we simply do not have the ability to sit back and wait until we get a Barnes and Noble bookstore if the market isn't going to give it. • It is factual that if all you offer is the same level of intensity of commercial development that currently exists on the property, you probably are not going to get it redeveloped; it is hard for property owners and applicants to tear down buildings just to reconstruct the same amount of square footage. Cupertino Planning Commission 4 January 11, 2005 • The topics to discuss include the question of building heights, setbacks, development allocation, commercial floor area, and economic development; the development allocation being the most important. • If we close up shop, in the case of residential, there is nothing left; people are asking if they can convert an old manufacturing building to residential; there are no units remaining. Even if you are willing to pay an in -lieu fee to the city for the sales taxes, or green plating it or gold plating it, there is no option. It is a question the city has to grapple with as other cities do. . Ms. Wordell: • Reviewed that the next steps will be the Housing Commission focusing on housing, the Fine Arts Commission is invited to talk about the 1% for art recommendation, even though it wasn't identified as a hot topic, it is something people need to be aware is in the draft and whether you want to keep it as is or not. • Proposed that following each element, a meeting be held for land use; as well as a study session for open discussion to allow the Planning Commission and the public to have an interchange of questions and comments. Com. Giefer: • Referred to the current draft General Plan on Page B-27, regarding land inventory and available land for redevelopment; and asked if it was updated, and did staff do another inventory of land available for redevelopment in the city and try to forecast forward based upon the units recommended by both the task force and staff's recommendation how many units that would yield. • Was the analysis changed in terms of the yields, or did they look at what the prospective yields would be if it was based on the task force recommendation and staff's recommendation, or the modified compromise recommendation. • Said that what was there in terms of possible development and yield of new units, didn't meet the needs then and wouldn't meet them now. She said she had the impression there was no land available to meet the ABAG numbers no matter what was done. Ms. Wordell: • Said that the section was not changed. • The analysis was not changed and they did not look at the prospective yields. Mr. Piasecki: • Because the task force draft adopted the same numbers that are in the 1993 General Plan, it is assumed there is land available to accommodate those units. Ms. Wordell indicated many of those units are filtered throughout the neighborhoods; they assume a triplex may be torn down and a fourplex built, not a likely assumption in some cases. For purposes of the housing element, they wanted to impress to the State of California, that the capability is there, as the task is to find available sites, hence every available site was identified. • The other part of the question is that the buckets as they are called, of residential units that have been allocated to North DeAnza Boulevard, Bubb Road, Vallco, and Heart of the City, are emptying out. The current General Plan has used up all of those units. In this new plan, you could try to reallocate some from other areas into the Heart of the City or Vallco. • Said the other part of the unit question is the issue of affordability and jobs housing balance, and are those valid concepts? Com. Miller: Cupertino Planning Commission January 11, 2005 Questioned if it was the intention to put residential in the Apple complex and the Hewlett Packard complexes, or is it just a function of trying to make the numbers. Ms. Wordell: • The Hewlett Packard north doesn't have any; the task force draft does not propose any housing there and the new option does not propose any housing on the Stevens Creek Hewlett Packard property. The color on the map shows residential; there is no allocation there. Relative to the Apple complex, the whole north DeAnza area has several hundred units proposed so it could or could not be Apple. • In response to Com. Miller's question, she said that it is not a requirement at this time. • She clarified that in the task force draft; some language was inadvertently left in that said that new non-residential development must have residential attached to it, and the Council had originally directed that it be struck; a corrections document will remove it. Mr. Piasecki: • Clarified that the concept of allowing residential mix at north Vallco, north DeAnza Boulevard came out of the 1993 plan; a certain amount of units to north DeAnza and a certain amount to the Vallco planning area, which Ms. Wordell referred to; the bucket in Vallco is empty, the Hamptons is one project that built out there, Aviary Apartments built out, some people did take advantage of that allocation; it is empty now. • The question is should it be left there; there is every indication that there is no intention on the part of those larger industrial or office developments to put in residential, but it would be possible if you refilled the buckets and provided some allocation to them. Developers are saying again that some of the industrial stock is no longer marketable; they can't fill buildings, they are at a point of having to tear them down. Com. Miller: • There are commercial properties that are not competitive in the marketplace; they are likely to stay vacant and there is an issue of jobs imbalance of jobs and housing. It may make sense to convert properties like that to another use, and use creativity in looking at the marketplace. • There have been a number of applications from religious organizations so it may be appropriate to reclassify some of the properties as quasi -public. • Said that the senior citizens are not well represented in town, and providing housing for them would be a win-win situation because they need the housing, and don't impact the schools or traffic and they would balance out the neighborhood. • He said he hoped they could generate some discussion on other creative ideas about possibly looking at the land use map and looking at areas that might make sense for reclassification; and then attempting to consider what kinds of uses would make sense and fit in with the city and yet not severely impact the services offered. Ms. Wordell: • Agreed that it was a good topic for discussion. Vice Chair Wong: • Said there were many differences from the General Plan task force and the administrative plan; it would be helpful in the next meeting to have them in writing in a matrix of what the General Plan task force does and what the administrative plan says. • Asked if the General Plan task force and other non-profit groups were notified about the meeting. Cupertino Planning Commission 6 January 11, 2005 Ms. Wordell: • Everyone who signed up at the community meetings were notified and it was also on the website. The task force was not notified; a half page ad was placed in the Courier as well. • Said that many of the comparisons were in the hot topics document. Vice Chair Wong: • Said that Mr. Piasecki had an excellent comment regarding the economic engine of what is driving the new development in Cupertino, and in regards to percentage of housing relative to mixed use, what is that right mix, and is it driven through the General Plan or is it left open currently; what is the best way to drive that, or does the Commission make a recommendation to City Council. Mr. Piasecki: • Said there was not just one answer; from the Commission standpoint, if you articulate that your vision is you are open to allowing some limited mix under certain circumstances to drive the kind of development wanted in the Crossroads or in the Heart of the City or in Vallco; and if you have a question about how much is needed, the acreage analysis can be done and different density looked at, and the data provided; but first it needs to be identified as a question that has to be explored. • There is no need to get extreme with the densities, again unless trying to drive senior housing which tends to be smaller units, higher density, or you are trying to provide empty nester housing and you are insisting that it be more smaller units as opposed to fewer larger units. More family housing is going to create many of the impacts discussed. • That is a good point and can be addressed if the Commission wishes. Vice Chair Wong: • Referred to the slide shown on stories, three four and five; noting that the first color is the task force recommendation and second color is what the administrative draft plan recommended. Ms. Wordell: • It is a new option in the staff document that City Council saw in the Fall before they sent the task force draft out. They asked that the document go out with the task force draft. • The hot topics document included a new option, which stemmed from the task force discussions held during the three months of meetings, where they asked if staff would reconsider some of their positions based on the input from the task force. • The new option is trying to reflect something different from what the administrative draft recommended and it takes into account some of the interests of the task force as well as other reasons to consider an option; examples such as considering more height and more storage than the task force recommended due to street framing, or economic incentives. Vice Chair Wong: • Said it appeared that staff recommends the possibility of four stories in the Crossroads, four stories in the Town Center, four stories in the north Vallco area and four and five stories in the north DeAnza area. Ms. Wordell: 9 Said that when it is one number, it is not an option proposed. Cupertino Planning Commission 7 January 11, 2005 Mr. Piasecki: • The task force recommendation reflects that single number; where there are two numbers, what we wanted to do was engender some discussion, do you want three story buildings and limitations in north DeAnza next to four to five story Apple buildings; does that make sense to you? It wasn't necessarily a recommendation from us that you should go that way, but we wanted you to have the discussion. • Similarly, Vallco Fashion Park is a good example where they want to put the cinema building on the top of the existing mall which will get it up to 65 or 75 feet; which will translate to a four or five story building. Is that acceptable? Does that make sense?? In some cases the perception of height and floors can be a misnomer, because depending on where it is located and how it is integrated, it can be done well. Ms. Wordell: • Referred to Page 2-12 of the Land Use Element document, which shows the heights recommended by the task force, which would help to correlate the task force recommendation with the numbers shown on the slide. Com. Chen: • Asked if the draft land use map was prepared based on the task force recommendation. Ms. Wordell: • Said they did not get into the land use map; and there are some changes there that they did not address at all, such as some lands zoned Rl that are actually hillside lands, and are showing up as being changed to hillside. They did not get into that level of detail. • Not aware of anything else in the land use map that would be in conflict with what the task force recommended. • Said that a study session after the February 8 meeting was tentatively scheduled to allow time after each element to summarize discussions and have interactive meetings with the community. In response to Com. Miller request, staff said that they would provide the results of the community survey from Spring 2004. Com. Miller: • Said that the discussion should include a revisit of where mixed use is or is not most appropriate. Vice Chair Wong: • Asked for clarification on the terms used, such as north Vallco Park special center, and Heart of the City special center. Ms. Wordell: • It is just a usable moniker, previously they were called planning districts; the Heart of the City Specific Plan is the only specific plan, so it is unique and it is a separate document based on the general policies that are in the General Plan; the other areas do not have supporting documents for them; they are broken out so you can assign development potential to them. She said the goal for having a special master plan is to set a goal for that particular neighborhood. Cupertino Planning Commission 8 January 11, 2005 Mr. Piasecki: • Relative to senior housing, he said that the concept was an excellent suggestion to look at for Cupertino, and strongly recommended that senior housing be put in areas that have services. Com. Miller: • Said that there were opportunities in another submarket of seniors, the active senior adult market, such as the Del Webb communities, who are retired and in good health and looking for a different lifestyle where they can congregate with people with similar interests. He said about 22% to 25% of the senior population falls into this group and Cupertino does not have any senior housing community to address that particular need. Chair Saadati opened the meeting for public input. Jennifer Griffin, Calvert Drive: • Requested that the building heights of the new construction be held down to 3 stories particularly in the Vallco area, where it is primarily a residential area. • Expressed concern with the setbacks particularly along Stevens Creek; she considered the greenbelt down Stevens Creek as part of a parkland around her area of Cupertino and would like to see the setbacks along Stevens Creek maintained. • Commented that the Elephant Bar restaurant and new two story going in at the shopping center encroached into the greenbelt said she hoped they could discourage that type of infringement. • Wants to maintain the tech parks and protect them. Mr. Piasecki: • Clarified that the Elephant Bar restaurant was consistent with the Heart of the City Plan at 35 feet of setback. A section of the building at Panera Breads was granted an exception to go as close as 30 feet. Beverly Bryant, No. First Street, San Jose, representing the Home Builders Association of Northern California/Southern Division: • Said she appreciated the work that is being done on the General Plan in Cupertino, and encouraged communication with the association members, many who build in Cupertino. • Said she hoped that there weren't limits put on heights, setback and density, but allow the builders to come with some creative designs because there are lots of possibilities in Cupertino for mixed use, industrial/residential and for innovation, such as the senior housing. Dennis Whitaker, Cupertino: • Asked staff to review what was in the pipeline then, what was being built, and already approved when they last met as the General Plan task force in October 2003; and what has happened since, such as Vallco. • Questioned why schools were not discussed at the meeting; • Said that Westgate was a good example of something that had gone and come back; and one of the reasons it has come back is because it is full of parking and wonderful stores not mixed with anything else. • He said it was said in the past that if the industrial stock is replaced with residential, it counters the argument that if places keep being removed, there won't be anywhere for the big companies to come to. • Discussed the votes taken at the recent task force meeting on development allocations. Cupertino Planning Commission 9 January 11, 2005 • Commended Com. Miller for his statement about senior citizens. More units like one and two units should be talked about, more than the three or four units, because three and four units will invite more problems for the schools and more high rise, high growth. • Said he disagreed with the prior speaker; she is not a resident of Cupertino; while he is very protective of the views and schools and everything else the residents of Cupertino hold dear. Mr. Piasecki: • Said there was a development activity report on the city's website with the pending and recently approved development; Mr. Whitaker identified several of those that are obviously active. The Toll Brothers application which is going to the City Council next week is a request to allow them to pursue a General Plan amendment; at this point staff is not recommending that they move ahead with that particular project for a variety of reasons. Ms. Wordell: • In addition to some of Mr. Whitaker's points, she referred to the hot topics document; Exhibit D, which lists all the housing projects built or approved between 2000 and 2004. • There is also information about school impacts in the hot topics document; there will be some similar information in the EIR; those impacts can be discussed at any time but they can also be focused on either at the Housing meeting or during the EIR. • Relative to number of stories, the task force draft used heights of 35 feet. Chair Saadati: • Said that one of the school board members has different information than what has been received in the past. For each new development, information from the school district claims that it won't impact the school capacity. • It would be helpful to get more comprehensive information as to what the capacity is and is there room to expand, because with time we are going to have a change in a cross section of people who are going to live in Cupertino. Mr. Piasecki: • Said he understood that the high school district is doing a separate study of their own. Statewide 26 schools have closed because there is a phenomenon, not in Cupertino; it is a school magnet. • They are all valid comments; it should be something that can be identified, it allows you again to be strategic, whether it is senior housing or empty nester housing. It would be strategic and selfish about the interest of this community, because long term that is what will build the community; that is the kind of plan you are going to be happy with in the long term. Com. Miller: • Asked if a developer is going to do something to impact the schools, why can't they be required to mitigate in some way the impact they had, either through fees or through donations of property or something else. Mr. Piasecki: • There is no reason there cannot be a mitigation process; a lot of that area has been usurped by state law with the improvement fees that they charge any new development or new project; residential or non-residential in some cases. Cupertino Planning Commission 10 January 11, 2005 • There is also the property tax that goes to the high school district and if there is an identifiable impact above and beyond that, there is nothing wrong with requiring mitigation. • Most developers would be willing to mitigate; they can price it into the land. Vice Chair Wong: • Regarding the building heights, asked how staff interprets the height of the four stories. Mr. Wordell: • In the hot topics document, there is a chart that compares height to stories, hence 30 to 35 feet for commercial would be one to two stories; for residential it would be two to three stories; 45 feet is comparable to 3 stories for commercial office and 4 stories for residential because you have a lower floor to ceiling height. 60 feet high would be comparable to 4 stories commercial office, and 5 stories residential. Bob McKibbin, Cupertino: • Opposes the project. • Said Mr. Whitaker covered many of the issues he was going to address. • Referred to the matrix Vice Chair Wong mentioned, the desire to have a matrix in terms of General Plan task force elements, and also the new options recommendations. • Recommended that the three initiatives placed by the CCC become part of the matrix; there is a good chance that will go before the voters either in a special election or in November of 2005, and that would give a clear picture to the City Council and also the Planning Commission of what many of the citizens of Cupertino are looking for in this city on the short term or long term basis. • Relative to the speaker who spoke about the aesthetic value of having builders come in and give designs, said he had a concern with what happened at the corner of Stevens Creek and DeAnza. He said he felt the builders are of a different mindset than the citizens of Cupertino, and the Planning Commission and City Council should be aware and represent the citizens of Cupertino and not the outside builders whose main emphasis is profit. • When the General Plan task force was instituted in 2003, it was said that there was very little future development coming down the pipeline. In reality, there has been two major approved developments already; the Pinn Brothers are looking for other major developments; the 40+ acres that were over on Stevens Creek is being gobbled up before this process is finished. Some of the concerns that the citizens of Cupertino have is that this process is being stretched out which is valuable for citizens input, but it also allows these exceptions, these major developments to occur through the old process. He urged the Planning Commission and City Council to keep that in mind. Shishir Mukherjee, Cupertino: • Was pleased to be involved with the 1993 plan; the vision of 1993 has been carried through more or less on the whole in this current plan. • Why did the 1993 revision of the Heart of the City and city center concept not get implemented; it has been only partially implemented. • What is keeping it behind. • The city should be more proactive and act as a catalyst to bring more in. The usual practice seems to be that a developer buys a piece of land and depending on his economic business plan, develops some land and comes to the city for approval; the city goes through the rules and restrictions and the design of the project and approves or disapproves it or modifies it; but the developer cannot come with the vision that the city has. The city has to develop those visions and try to implement them. PROOF PUBLICATION Filing Stamp (2015°5 C°C°P°) State of California County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid: i am over the age of 15 h rt ,�nz group54�'to spea�c��„f'or'�10�+ -4yfmmuteSIX- andrmd�v�dualsto �peakfar 3 mirsufes F � �-'',j .,MY years, and not party to or interestedecta `in the above ve Dl of Cotmmunutu v�£Y � Davelomex�� i2� (Pu6 CCS/12/05) entitled matter. I am the principal clerk of the LEGAL NOTICE OF- printer of they PUBLIC HEARING BEFORE THE PLANNING COMMIS SION OF THE CITY .09 CUPERTINO, CALIFORNIA;, The Cupertino Couriers 1095 The Alameda, on January 11, 2005, at 6:45 p.m. in the Count, Chambers of the Cupertino: ; ° San Jose, Californias 95126 a newspaper of Community Hall, 10350yq Torre Avenue is herebys'; given. The following apptf general circulation, printed every Wednesday in cation for ; action by then Planning Commission will the City of San Jose, State of California, Count`' of County be heard: Application20-(EA-20 ' G GPA -2004-01 (EA -2004 17)' , Santa Clara, and which 'news a er has been P p Applicant:RA CityCupertino wni Locattion:. citywide adjudged a newspaper of general circulation b y General Plan amendment toy _revise theGeneral Plan ENVIRONMENTAL DETERM -,` the Superior Court of the County of Santa Clara, NATION: An Environmental,i Impact Report has been. State of California, Case Number CV1oo6 that 3% prepared. Potential sigmf'-- cant impacts identified con list of visual; traffic, pa=id demand; air quality; GMR services and utilities',,] file notice Of which the annexed is a printed copy wastewater system aptly treatment; storm drainage, 3 schools; solid waste, fire -M (set in type not smaller than nonpareil), has been and emergency services,; police services; gas andu;E electricity; wildlife and veg; published in each regular and entire issue of said etation; noise; geology and? seismicity; floods, dramage5 and water quality, Newspaper and not in any supplement thereof on population, housing andE-1 jobs; hazardous materials, i historical and culturalN' the following dates, to wit. resources energy; mineralui resources; and 'consistency=; fo with existing plans. All environmental docu , ments for the described;; J application are available for A N-1iln public review . at the Cupertino Community; I certify (or declare) underr�1 enalt of er ur that Development Department, fi h' p y 10300 Torre Avenue,". Cupertino, California,. the for going is true and correct. 95014. If you challenge the,; Fi action of the. Planning Dated`:' Commission in court,; y you may be limited to 1{ raising only those issuesgY ,at San Jo 2, California you or someone else raised at theublic hearin p g ;t described in this.: notice, 'a $ or in written ' correspon 6-01 dente delivered to :the Cityv, of Cupertino at, or prior ®�® ( to, the public" hearing Please note that Planning' Commission policy is to !, -i Kathy Wrightson allow an applicant and.;; ❑ Traffic Impacts: Report by Fehr & Peers. o 270 daily trips. o 658 fewer than the approved restaurant, 479 fewer than the hotel. Cupertino Planning Commission 14 REPORT OF THE PLANNING COMMISSION: November 9, 2004 Environmental Review Committee: Com. Chen reported that the meeting was cancelled. Housing Commission: Com. Giefer reported the Housing Commission met two weeks ago; reviewed the Nexus study which primarily links housing to jobs analysis which is the current analysis. Cupertino is still having problems providing mid-range and low cost housing and entry level housing based on the growth and jobs for the community; they will continue to advocate providing a broader range of housing within the community and try to develop low cost or moderate housing. Countywide, the need for very low market rate housing and BMR housing is so significant that it begs the question where should we concentrate and put our efforts; which is one of the objectives that the Housing Commission is struggling with at this time and will decide what their objective is and how to move forward on it. Maior's Monthly Breakfast: There is a meeting scheduled for next week. Report of the Director of Community Development: Mr. Piasecki reported: • Beginning Monday, November 15`h, at the Senior Center, 7 p.m. to 9 p.m. the first General Plan community meeting will be held; run by the Planning Commission; facilitated by MIG, addressing a number of things about the process. • Stressed that there will be other opportunities for the public to address the Planning Commission and/or City Council. Second meeting in community room on December b, 7 p.m. to 9 p.m. Change of date for mayoral succession: December 2, 2004, at 7 p.m. Ms. Wordell: • Said that the facilitator hopes to foster a thoughtful discussion among the people who attend so that beyond just stating a point of view, she will work with them as much as possible within the time constraints to elicit what is behind concerns, the thinking, pros and cons of that, more than just people making a statement of what they like and don't like. • The Planning Commission's role would be more to ask questions and hold comments to the end to give the public the opportunity to speak and the Planning Commission to take their input. ADJOURNMENT: The meeting was adjourned to the meeting on Monday, November 15, 2004 at the Community Center, at 7 p.m. SUBMITTED BY: a Adt4 Elizabeth AM11is, Recording Secretary Approved as amended: January]], 2005 Planning Commission Minutes 14 October 11, 2004 Motion: Motion by Com. Chen, second by Com. Miller, to approve new public hearing procedures recommended by staff. Vote. 5-0-0 NEW BUSINESS 2. Proposed General Plan hearing schedule. Ciddy Worde1l, City Planner, presented the staff report: • Reviewed the General Plan hearing schedule as outlined in the staff report including community meetings, Planning Commission meetings and City Council meetings to be held through June 2004. • Reviewed the public notification process and schedule for the community meetings and public hearings. • Said they would do other kinds of outreach as well; it was suggested that they make it known to civic groups and conduct presentations if desired by those groups. • Purpose of the Planning Commission study session would be to have discussion with the Planning Commission about the process and also to get an overview of some of the issues before going out to the community meetings. • Community meetings provide the opportunity for the community to have an overview of the whole General Plan at the Council direction to focus on the hot topics and to get their input that would be brought forward to the public hearings. • The public hearing schedule was suggested to do it by elements of land use, circulation, etc. and at Council direction that other Commissions who fit into those categories would meet with you on those categories. • Said the task tonight is for the Planning Commission to recommend a schedule to the City Council; suggestions will be taken, and there will be the opportunity to discuss it further at the October 26 study session if scheduled. • Said that the Public information Officer will be prepared to do press releases to the newspapers, such as the Courier, San Jose Mercury News Guide, World Journal, etc. Vice Chair Wong: • Said he did not see the Parks and Recreation Commission included on the Planning Commission public hearings for next year; and wanted to ensure they were included. Ms. Wordell: • Said it was an issue that could be included in the discussion at the October 260, meeting. She said presently it is just the commissions who are key to the hot topics; if the decision is to have more commissions involved, that is acceptable. Vice Chair Wong: • Discussed schedule of meetings and ability to televise the meetings for the public; requested that the October 26th Planning Commission meeting be televised so that it could be broadcast at a later date or viewed on the website. Stressed the importance of getting the introduction of the General Plan out to the public. Mr. Piasecki: • Explained that the City Channel would not be televising the October 26th meeting because of the transition to the new council chambers. Planning Commission Minutes 15 October 11, 2004 • Could have a stand up camera as suggested by Vice Chair Wong, but part of the concern is that the staff is working almost 24 hours a day to get the transition done to the new location. Discussed ensued regarding whether to schedule the October 26`„ meeting at 5:00 p.m. or 6:45 p.m. Chair Saadati said that he preferred the procedural be informal at an earlier time. Vice Chair Wong: + Agreed with Com. Miller that starting at 5 p.m. many people are just getting off work and the objective is to have an open transparent meeting so that the general public can see what is happening. In order to allow time for people to attend, it would more appropriate to schedule the meeting as a regular meeting. Mr. Piasecki: • A large part of it is the procedural matters, what is the best way of communicating this information, how should we go about doing that, and then the component of introduction to what the General Plan says; perhaps the appropriate way is to do the introduction of the Plan in the regular meeting and do the procedural matters in the pre -meeting. Com. Miller: • Said Vice Chair Wong had a good point although a lot of the criticism, which was heard again tonight, is there is a perception that it is not as open to the public as it could be; there is nothing to hide, and making it more open and more public is from the community standpoint, a good thing. • We are not sure that we don't have participation because there is a TV audience out there and some of the speakers have been indicating they have been following the meetings on TV and they come down after a number of meetings. Vice Chair Wong: • Suggested that if calendars are available, November 15`h and Dec. 6`h or 7`h from 7 p.m. to 9 p.m., if staff is available for the two community meetings at the community hall. Mr. Piasecki: • Said that one of the objectives was to hold the meetings geographically around the city; which is the reason they wanted to do west of Highway 85 at the Quinlan Center because it was closer to residents who live west of Highway 85. Com. Giefer: • Expressed concern about a December 6h meeting date; as people would be thinking about the upcoming winter holidays and events. She said she would prefer to have both meetings before Thanksgiving. Following a brief discussion, November 15t` and December 6`h at 7 p.m. were selected as meeting dates. Ms. Wordell: • The community meetings would be informal on the whole General Plan, and early input, in contrast to the public hearings which are more formal and by topic. Cupertino Planning Commission Minutes 30 September 13, 2004 • Said that in most cases the Director can resolve the 'issue with the commissioner and save time by involving less people and having the Director handle the specifics. ice Chair Wong: The suggestion of getting together every year in February or March for a retreat is • Co ur with Com. Giefer's suggestion about audience behavior or decorum; p Kraps do a flow chart garding what is the process, when does the public speak, when is a public hearing, and its uld be in the City Council and city commissions, so people ar are of the process. • It goes ba to notification, a lot of people come to the meetings a they are frustrated, it is giving info tion to the public. Mr. Kilian: • The Planning Co\V1 aits until all the informatio s collected before discussing it. • You mentioned th't want staff to be in a vocacy position; however, I don't think their input is limiacts and data, they o are going to inform you of the arguments that can be made would be ful to know. l believe that you do want them to make a recommendation aat woul a somewhat of an advocacy position; what you don't want to do, what staff not is argue just one side of an issue at the expense of the other, but give you a baland give you the arguments why their recommendation is such. I think that is appropst data. NEW BUSINESS • Com. Chen repyfed the meeting was cancelled. • Com. Vefer reported the meeting was postponed until September 23, Giefer reported the next meeting was September 21, 2004. REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT • Nothing additional to written report. Vice Chair Wong: • Asked for an update on when the General Plan will be presented to the Planning Commission and asked if it had any weight on what is going on with the three initiatives. Mr. Piasecki: • Reported that the task force version is the same, staff put together a matrix as requested by the Council. • The title has been changed to clearly label the draft as a task force draft that is going to the Council on September 20`h; if the Council releases it, it will then roll out into the public hearing process. • Staff will suggest to the Council that there also be an initiative alternative and in that initiative alternative staff will lay out, in the event that the initiative is passed, what will be the likely Cupertino Planning Commission Minutes 31 September 13, 2004 General Plan changes and and/or zoning changes that will take affect in the event that the one or more initiatives will take effect. Mr. Kilian: • 1 would like to see a initiative General Plan alternative that would automatically take effect if the initiative were passed, so that the voters would see exactly what would occur in terms of the initiative passing. • If there is time to do it, it would be good to have the two alternative General Plans, the one you would adopt without the initiative and the one that would take affect immediately upon adopting of the initiative, so that the voters can see exactly what would happen, and we wouldn't be in a position of having to decide what was consistent with the initiative's after the initiative passed. It would be appropriate and helpful to the voters. Vice Chair Wong: • That is a good idea; and based on the Commission's decision, it would start the public hearing at the Planning Commission. Mr. Piasecki: • Yes, based on the Council's decision to roll that out; staff would have it to the Planning Commission in October. ADJOURNMENT: The meeting was adjourned to the regular Planning Commission meeting at 6:45 p.m. on September 27, 2004. SUBMITTED BY: JA'� Elizabet . Ellis, Recording Secretary Approved as Presented: October 11, 2004 List ®f major property and business owners/developers invited t® the Special General Plan meeting, April 49 2005 Jack Bariteauu Toll Bros... ]Detail Development Alex Iyer Crossroads Roger Marney Chief Administrative Officer Morland Software Corporation Alan Chamorro Grosven®r International (Emily and Mike Chen "y P9 Inc. Michael Foulkes., ]President Chamber ®f Commerce Christine Giuusiana9 CIE® Chamber ®f Commerce Bob IH[ec®x Apple Computer IElinora Mant®vani Apple Computer David Gibbons Karry Swens®n Builder Richard Truempler Karry Swens®n Builder Shawna Holmes Hewlett ]Packard Dull Roberts Hewlett ]Packard Beverly Bryant, IPHD Executive Direct®r Home Builders Association ®f Northern California Dr. Martha Kanter Mike Rohde Chancell®r Vallc® Shopping Center Foothill/De Anza Community College District Paul Weiss Anders®n Chevrolet Mike Brandy Foothill/De Anza Community Bob Berndt i College District Anders®n Chevrolet Keith Kolker ]Nuck Mardesich Cupertino Development Corp. Mardesich Company Phil Mader Deke Hunter Tayl®r Woodrow Homes Hunter Properties Chuck harsh Ed Storm Oaks Shopping Center Hunter Properties J®n Moss Kevin Wu Prometheus ]Pacific Resources Rick Nels®n Ned Britt Toll Bros. Construction Concerned Citizens of Cupertino (CCC) Paul Stewart, 11I Government Affairs Director Charlie Ahern SCC Associati®n ®f Realtors Advocates f®r a Better Cupertino (ABC) Adam Tennant Summerhill Homes ]Eric Morley Morley Bros., LLC Jane Vaughan Menlo Equities Ron Cali Cali ]Financial Management Barrie Watkins Cupertino Associates Todd ]Lee KCR Development Joint Venture Salic®n Valley David Sussman K mpt®n Hotel Michele Beasley Greenbelt Alliance CUTPE I ' 1`�TI NO P LANNHNGG COMMHS HON RECO1VMETIJDATHON FOR CHANCES TO TASK FORCE DRAFT CEN ERAL PLAN BARS© inc erpora-tes changes recomn eindled nom. the Carrrec titin s Duc ument[- and recent staff recommendations) Septembers 114, 2005 RECENT CHANGES GES A E HIGHLIGHTED IN RE LAND USE AND COMMUNITY EDESHGN CHANCE NEEDED NOTE 1. Page 2-12 Change Figure 2-D to conform to the height NO ACTION NEEDED HERE. SEE changes recommended for each Special IHIEHCHT CHANCES FOR EACH Center (see below). SPECIAL CENTER 2. Policy 2-12, Page 2-10 Change as shown below: Actively pursue the CONSENT The reference to annexation of small annexation of unincorporated islands unincorporated islands is out of date properties within the City's urban service area, including the Mei.g�., jT; ��,a Creston _ neighborhoods, which will be annexed on a parcel -by -parcel basis with new development—and-ether remaining small, unincorporated islands will be annexed as determined by the City Council. LAND USE AND COMMUNHTY CHANCE NEEDED NOTE DESEGN 3. Policy 2-13, Page 2-11 Add Strategies 5 and 6: APPROVED 6/15/®5 Add two strategies. Strategy 5-. Mufti -Family Residential MODITHED 6/23/®5 Floor Area Ratios Ensure that the floor area ratios of multi- family residential developments are compatible with similar buildings in the surrounding area. Include a mix of unit types and sizes, and avoid a preponderance of excessively large units. Strategy 6: Ordinance Revision Revise the Planned Development and R-3 ordinances to reflect the intent of Strategy 5. 4. Policy 2-16, Page 2-14 Add Strategy 3: APPROVED 6/115/®5 Add a strategy. Transition Neighborhoods MODHFHED 6/23/05 Recognize that some neighborhoods are in transition, and added flexibility for new residences will be considered. 5. Policy 2-17, Page 2-15 Streetscape Add Strategy 7: APPROVED 6/28/®5 Design Street Signs: When replacement is Add a strategy required, install new street signs at major intersections that promote Cupertino community identity, such as using the morion logo on the sign. Retain the standard font size of the street name to ensure readability. 6. Page 2-17 Change Table 2-A as shown on the SEE TABLE 2-A following page. CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 DEPARTMENT OF COMMUNITY DEVELOPMENT Application No.: GPA -2004-01, EA -2004-17 Agenda Date: April 4, 2005 Applicant: City of Cupertino Location/APN: City-wide Application Summary.- General um ary.- General Plan amendment to revise the General Plan Recomrnend.ationo Staff recommends that the Planning Commission: 1. Receive input from major property owners, business owners, and developers 2. Continue this agenda item to April 12, 2005 Background: The City Council authorized the Task Force Draft General Plan as the public ]hearing draft for the General Plan review. The Task Force Draft and other supporting documents were provided to the Planning Commission in September 2004. The City Council requested_ that the Planning Commission focus on the Hot Topics, as discussed in the Hot Topics Summary Matrix and background Report. Discussion.- The iscussion.The purpose of tonight's meeting is to receive input from major property owners, business owners and developers. ]Forty-three people were invited to participate in this meeting (see attached email invitation and list of invitees). They were given a copy of the "Cupertino Planning Commission Task ]Force Draft Decision Matrix" (enclosed.). Chairperson Wong asked that the Heart of the City Specific Plan and the Monta Vista Design Guidelines be provided as background materials for this meeting. Commissioners might want to be familiar with Pages 2-16 through 2-33 of the General Plan, which includes information on citywide development allocations as well as development policies for "special centers." EXHIBIT B 10300 Torre Avenue Cupertino, CA 95014 (408)777-3308 FAX (408) 777-3333 CITY OF CUPE kT I N 0 Community Develo ment De artment AGENDA NO. AGENDA DATE Aust 16, 2005 SUBTECT: General Plan update, Application Nos. GPA -2004-01 and EA -2004-17, City of Cupertino, Citywide. RECOMMENDATION: Staff recommends that the City* Council discuss the General Plan issues in the following order, starting with the more significant issues: 1. Development Allocations > Major differences among recommendations > Effect of reduction of office potential on existing companies 2. Heights > Major differences among recommendations. and building heights needed for typical high volume, high quality retail buildings 3. Economic Development > Ensure fiscal benefits of all-new development 4. Parks/Trails 5. Circulation/ Pedestrians 6. Other Items 1, 2 and 3 are recommended f®r discussion at this meeting. > Staff recommends setting a special meeting date for August 30 (see recommended schedule below) BACKGROUND: The Draft General Plan and accompanying documents were distributed to the City Council prior to its July 19, 2005 meeting. The meeting consisted of a general introduction of the recommendations of the Planning Commission, and comments and questions from the City Council and members of the public. Council issues requiring additional information are discussed below. Please bring your General Plan binders to Tuesday's Council meeting. DISCUSSION: 1) Development Allocations Exhibit A provides the development allocations for commercial, office, hotel and residential development. Committed development is shown for each land use. ;`:1,n1ed, oi-, 17,ec - yci (.Y Fa.oer General Plan August 16, 2005 Page 2 Issues raised by the City Council related to development allocations are: Major differences among recommendations: The Hot Topic Summary in the General Plan binder compares the potential development allocations of the Task Force Draft, Existing General Plan, Administrative Draft and Planning Commission recommendation. The significant differences are: Commercial/ Office: The Administrative Draft lowered the commercial potential from the existing General Plan. The rationale was to improve the jobs/ housing balance and recognize the. lack of market demand for significant commercial development. Staff is satisfied with the Planning Conu-nission recommendation, which retains commercial potential at the existing General Plan level, and lowers the office potential to improve the jobs/ housing balance, and the market place will dictate how much commercial square footage . i ' s actually built. Additionally, the office pool will be replenished should the Council allow the change of functionally obsolete industrial buildings. The square footage of this space would be placed back into the office pool for new "state -of the art". office uses. This is discussed in more detail in a subsequent section. Hotel: The Planning Commission recommendation and Task Force Draft reduce, as compared to the existing General Plan, the hotel room potential to the number of rooms currently built or conu-nitted. Therefore, future hotel space could only occur at Vallco Fashion Park because their development agreement locks in hotel rooms from the 1989 General Plan. Staff recommends that the number of potential hotel rooms be increased by at least 150 rooms to accommodate potential hotel development in other areas. Residential: The Planning Conu-nission recommendation and the Administrative Draft increased the residential potential above the existing General Plan. The rationale is to balance the jobs/housing ratio for new development and to provide a greater supply of housing (by 631 units) than the existing General Plan. The time period for the existing General Plan residential potential is until 2006, so the new General Plan reflects residential demand for a longer time period. Also, residential is an "economic engine" that can ensure viable commercial uses or otherwise attain fiscal objectives Staff recommends that the City Council consider increasing the number of units for the following reasons: > All new development must demonstrate that it is a fiscal benefit to the City > All new development will demonstrate that there are no significant environmental impacts > Property owners have requested flexibility,, to include residential uses in mixed-use developments or to convert obsolete office/ industrial properties to residential > Conversion policies will ensure maintenance of cohesive commercial and office centers > Proposed residential units from HP/Toll, Vallco Fashion Park exceed the recommended potential in Vallco Park South Recommended increases are shown below: General Plan August 16, 2005 Page 3 AREA 2005 BUILT PLANNING PLANNING RECOMMENDED TOTAL UNITS COMMISSION COMMISSION POTENTIAL BUILDOUT - POTENTIAL TOTAL Vallco Park 311 300 611 600 911 South (Toll Brothers 400 Vallco Fash. Park 156) Vallco Park 551 200 751 400 951 North (Morely 131 North Tantau 255) Bubb Road 0 0 0 150 150 TOTAL 862 500 1,362 11150 2,012 FOR 3 SUBAREAS TOTAL 21,097 1,903 23,000 2,553 23,650 CITYWIDE Effect of reduction of office potential of on existing companies Potential office square footage would be reduced from 9,292,000 square feet in the existing General Plan to 8,836,952 square feet, a reduction of approximately 455,000 square feet. This leaves a potential of approximately one million square feet of office space, of which approximately 500,000 square feet are committed including built, approved, or in the HP Development Agreement. The two areas with significant office potential are Vallco Park North and North De Anza Blvd. In the Vallco Park North area, Hewlett Packard has 125,000 square feet of the conu-nitted office space, due to their Development Agreement. In the North. De Anza Blvd. area, where Apple Computer is located, there is a potential of approximately 218,000 square feet. Apple Computer does not have a "right" to this square footage, but could theoretically access it through a development application, assuming it has not been granted to another applicant. Additional potential office square footage will be created if conversions of office space to residential uses are approved. For example, the following developments would return .L.L - over 500,000 square feet of office square footage to the office allocation "pool". Proiect Name Square Footage Sobrato/Morely development 104,680 Taylor Woodrow project 175,000 Office/ Ind. parcels on north 260,000 Tantau (potential conversion - see Exhibit B) TOTAL 539,60 General Plan August 16, 2005 Page 4 Between the development allocation and conversion square footage, staff believes there is adequate square footage for companies wishing shing to expand. However, to help ensure that Cupertino's major companies have expansion opportunities, a new policy could be added to the General Plan draft (page 2-35): Policy 2-xx:._M�jior companies Prioritize expansion of office space for existing major companies in Cupertino. Retain a pool of 150,000 square feet to be drawn down by companies with 1,500+ employees or companies with City corporate headquarters. New office development must demonstrate that the development positively contributes to the fiscal well being of the City. 2) Building Heights Maior differences among recommendations Staff believes the only area with height issues is Vallco Park South. The Planning Commission recommendation for Vallco Park South is 60 feet if mixed use, otherwise 45 feet. The City Council asked for information about the height of typical high volume, high quality retail buildings such as Borders in Sunnyvale and Crate and Barrel in Santana Row. The height of the Borders building in Sunnyvale is 50 feet to. the roof and 63 feet to the tower, and Borders at Santana Row is approximately 60 feet (see Exhibit C). The proposed height of 60 feet for a similar building on the vacant Hewlett Packard property should be adequate to accommodate a high volume retail store. 3) Economic Development The proposed general plan -should insist that new development positively contribute to the City in terms of open space and fiscal resources. A modification to an existing policy would help ensure the fiscal benefits of all development. Policy 2-42 affecting office development could be amended as shown below: Policy 2-42: Retail Sales and Office Development In reviewing office development proposals, encourage office uses and activities that generate significant revenues to the City, such as local sales offices, capturing point of sale internet transactions and business to business tax revenues. New office development exceeding 50,000 square feet shall be approved only if one of these or. similar benefits are provided. REMAINING SCHEDULE: The recommended remaining schedule is: August 30 Special meeting date ® discuss remaining issues September 6 Draft EIR and preliminary amendments to General Plan September 20 Approval of final General Plan and EIR General Plan August 16, 2005. Page 5 Enclosures: Exhibit A ® Fable 2A, Development Allocation Table Exhibit B - East of Tantau Avenue, Potential Conversion Area Exhibit C m Photographs of *Borders. Submitted by: Approved by: Steve Piaseck Director of Community Development g:pdreport/cc/CCGPA-2004-01 David W. Knapp City Manager TABLE 2A -7o19,05 EXHIBIT A 2005 Built includes approved and committed development *Estimate **125,000 square feet committed to the HP campus through a Development Agreement was added to this column 6/13/05 G:public folder/ciddy/TABLE 2A-2004 7-19-05CC.doc REVISED 6/28/05 COMMERCIAL SQ. FT.) OFFICE SQ. FT. HOTELIROOMS RES. 2000 Built 2005 Built Buildout 2000 Built 2005 Built Buildout 2000 Built 2005 Built Buildout 2000 Built 2005 Built Addt'1 Potential Buildout NEIGHBORHOODS Monta Vista 88,816 88,816 99,698 416,557 417,626 456,210 760 815 87 902 Oak Valley 178 178 0 178 Fairgrove 220 220 0 220 Other Areas 17,376 17,576* 200 17,776 COMMERCIAL CENTERS Heart of the City 1,182,456 1,194,164 1,476,115 510,531 510,531 521,987 238 354 216 570 Vallco Park South 1,110,700 1,652,150 1,902,564 708,057 708,057 708,057 764 (D.A.) 764 311 300 611 Homestead Road 238,735 238,735 193,678 69,550 69,550 69,550 126 126 126 484 484 300 784 Other Areas 494,576 496,401 495,415 268,735 268,735 250,604 6 300 306 EMPLOYMENT CENTERS North De Anza Blvd. 44,979 36,505 51,372 2,048,021 2,048,021 2,266,206 46 100 146 City Center 29,358 61,308 79,011 1,032,072 1,050,227 1,050,227 224 224 219 556 100 656 Vallco Park North 127,806 127,806 133,147 2,843,144 2,968,144 ** 3,069,676 315 315 315 551 551 200 751 Bubb Road 428,645 428,645 444,435 0 0 Other Areas 100 100 Citywide 3,317,426 3,895,885 4,431,000 8,325,312 8,344,536 8,836,952 441 1,429 �4�� 20,032 215,097 1,903 234®®� Citywide (rounded to nearest thousand 3,317,000 494312000 8,325,000 898404000 . 2005 Built includes approved and committed development *Estimate **125,000 square feet committed to the HP campus through a Development Agreement was added to this column 6/13/05 G:public folder/ciddy/TABLE 2A-2004 7-19-05CC.doc REVISED 6/28/05 G 0- ��. ti NORTH VALLCO LARK .. a i U S � AUC® PAR, K SPEC AL C , 4R r EXHME7 B P BA f ,!' 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Community Development Department SUMMARY AGENDA N®o AGENDA DATE September 6, 2®®5 SUS TECTI.- General Plan update, Application Nos. GPA -2®®4-®1 and EA -2004-17, City of Cupertino, Citywide. RECOMMENDATION. - Staff recommends that the City Council > Hear the report from the traffic consultant Bob Harrison > Identify the few remaining issues that need further discussion by polling the Council and asking the public to identify issues on their speaker cards. Examples of topics that may need further discussion include: o Trails o Sustainability o Economic Development Policies relating to retail sales and office development and limits on non -retail sales in a shopping center 0 Traffic Level of Service to accommodate pedestrians o One -percent for art > Take action to approve the remaining components of the update. If this action includes the development allocations, indicate if it is based on Planning Commission or staff recommendations. > Open the hearing to hear comments on remaining issues. > Time permitting, discuss and resolve any of the issues and take a vote on those issues. > Continue remaining discussion to. the September 14, 2005 special General Plan meeting (Environmental Impact Report, any remaining issue resolution). BACKGROUND-. The City Council held two public hearings on the proposed amendments to the General Plan; the first was an introductory meeting and the second meeting focused on the following subjects: Printed on Recycled Paper General Plan Update September 6, 2005 Page 2 1. Development Allocations > Major differences among recommendations > Office allocation 2. Heights > Major differences among recommendations > Building heights needed for typical high volume, high quality retail buildings 3. Economic Development > Ensure fiscal benefits of all new development There are a few remaining issues for discussion from the Planning Commission recommended changes to the Task Force draft, as described above. The remaining elements of the General Plan are reasonably standard sections that were not the subject of a lot of discussion. In the interest of expediting the discussion, following the staff presentation., the Council may choose to identify the remaining issues and topics for discussion by asking members ®f the public to identify their issues on the speaker cards and polling council members on the remaining issues you would like to discuss or review. Then the Council could take action to approve the remaining components of the draft General Plan, subject -to the Environmental Review scheduled next week and the formal resolutions that will be presented on October 18. Focusing the discussion in this manner would facilitate the public input at the September 6 and 14 hearings and help expedite preparation of the final documents. DHSCUSSION Planning Commission Recommendations (]Exhibit The Planning Commission recommendations for changes to the Task Force Draft General Plan have been revised to highlight recent changes. The City Council may choose to identify any of these changes for additional discussion. Other than these changes, the Task Force Draft would be adopted as is, unless the Council identifies any additional changes needed. Parks/Trails: No hot topics were initially identified relative to parks and trails. However, future trail development was discussed at the Planning Commission meetings. The Planning Commission, in response to a petition received from the Regnant Gatekeepers, recommended some amended trail language that would attempt to locate trails away from rear -yards. Here is the amended language proposed by the Planning Commission: General Plan Update September 6, 2005 Page 3 Policy 2-70, Strategy 2 Trail Projects. Implement the trail projects described in this element. Evaluate an safety, security and !2rivacy iM2acts and measures associated with trail develo]gment. Work with affected neighborhoods in locating urban creek trails, and locate creek trails on the opposite side of the creek from residential development. This recommended text was added during the discussion of the Regnart, Creek trail segment located East of De Anza Boulevard. However it is not specific and could be interpreted to apply to all creek trails and potentially eliminate trail development and neighborhood connections in Cupertino, particularly for: the Mary Avenue bridge, Stevens Creek Trail at Deepcliff (the old haul road) and portions of the Stevens Creek Trail in the corridor currently planned for construction. In addition, two residential projects were approved with trail access to increase walkability: one on Orion Lane and the. other on Rodrigues Avenue. Both of them are next to Regnart Creek. These trail plans were developed over many meetings taking residential, environmental,, structural and financial consequences into consideration. The city has a process for allowing public input on specific aspects of trails so that residents' concerns are addressed; interested residents would be expected to stay engaged in specific trail plans as they are developed. The Bicycle. and pedestrian Commission was asked by the City Council to review this language, which they did on August 30, 2005, and they recommend the following changes: Trail Projects. Implement the trail projects described in this element. Evaluate any safety, security and privacy impacts and mitigations 111 -Y 1; associated with trail development. Work with affected g-pr%p neighborhoods in locating �-�trails, . JL A JL t - L r-LIDINZ; A I A r%l E.Fee R.E.R. 'FeS. ,,L L %�L et&pTnef:�t. They also recommend adding the following text to the Regnart Creek and West Foothills Trails paragraph (page 2-54): .... A comprehensive trail plan for Regnart Creek, as well, as one for the west foothills, would be advantageous, to provide consistent trail designs for future development. Locations of creekside or on -street trails will be determined during the public planning process. General Plan Update September 6, 2005 Page 4 These two changes are included in Exhibit A. The Council could alter the language as suggested by the Bicycle and Pedestrian Commission, modify the wording to address specific concerns of the Council members or eliminate the Regnart Creek trail segment as requested by the residents adjacent to Regnart Creek. Circulation/ Pedestrians The Hot Topic in the Circulation Element relates to Traffic Service and Pedestrian Needs (Hot Topic C-1, page 23 of the Planning Commission recommendations). The Task Force draft deleted a policy to allow a lower Traffic Level of Service to accommodate pedestrians on major streets and at specific intersections. The Planning Commission recommends restoring this policy to the General Plan. City Council discussion of this Hot Topic may not be necessary, but it is brought to the attention of the City Council because it was identified as a Hot Topic. An additional change is shown in Exhibit A in response to the request for a parking ordinance amendment to encourage Employee Cashout Programs. The change incorporates the suggestion that the parking ordinance be amended to define the program elements of a cashout program. Staff does not suggest that a one-year time deadline be incorporated into the General Plan because the work program is typically decided by the Council in conjunction with all other city priorities and should not be singled out at this time. See page 21. The traffic consultant to the General Plan will be present to discuss traffic impacts of the General Plan, since he will be unable to attend the September 14 meeting on the Environmental Impact Report.. Public Art Another Hot Topic in the Land Use Element is Public Art (Hot Topic LU -5, page 13 of the Planning Commission recommendations), which calls for a One -Percent for Art Ordinance. Again, City Council discussion of this Hot Topic may not be necessary., but it is brought to the attention of the City Council because it was identified as a Hot Topic. Environmental Resources - Sustainability Hot Topic ER -1 calls for appointing a Task Force or Commission to develop a Sustainability and Resource Plan for the City. The Planning Commission recommends retaining this policy, but they recommend strengthening the policy p regarding Green Building Design (see page 22 of the Planning Commission recommendations). City Council discussion of this Hot Topic may not be General Plan Update September 6, 2005 Page 5 necessary, but it is brought to the attention of the City Council because it was identified as a Hot Topic. REMAINING SCHEDULE Staff recommends that the City Council tentatively approve the proposed General Plan recommendations, subject to review of the Environmental Impact Report at the next meeting. The remaining schedule would be: September 14 Draft Environmental Impact Report, remaining preliminary recommendations September 20 '-Final" recommendations (without Resolutions) October 18 Approval of final General Plan (with Resolutions) and Certification of EIR Enclosures: Task Force Draft General Plan. - please bring to meeting Exhibit A - Planning Commission Recommendations,. revised September 6, 2005 Exhibit B - August 16 City Council Report Preparedy: Ciddy Wordell, City Planner Submiffibv:------, AnnrM7PH Stev'e' Piasecki Director of Community Development G:planning/pdreport/cc/CCGPA2004-01 sept 6 2005 M 10300 Torre Avenue Cupertino, CA 95014 CITY OF (408) 777-3308 FAX (408) 777-3333 CUPEkTINO Community Development Department AGENDA NO. AGENDA DATE September 20, 2005 Sit BTEC Plan update, Application Nos. GPA -2004-01 and EA -2004-17, City of Cupertino, Citywide. Staff recommends that the City Council > Discuss the following issues o Development Allocation o Heights o . Cohesive Commercial Centers o Hillside Land Use - Lindy Lane area o Any remaining items identified by the City Council > Continue the General Plan to the October 4 City Council meeting for Council discussion The City Council held four public hearings (including September 14) on the proposed amendments to the General Plan. Public discussion to date has included the following subjects: 1. Development Allocations > Major differences among recommendations > Office allocation 2. Heights > Major differences among recommendations > Building heights needed for typical high quality retail buildings 3. Economic Development > Fiscal impacts of all new development 4. Parks/ Trails 5. Traffic Impacts 6. Environmental Resources and Health and Safety 7. Circulation/ Pedestrians Printed on Pec-_1,,,,Jed Paper volume, high General Plan Update September 20, 2005 Page 2 8. one -Percent for Art DISCUSSION Planning Commission Recommendations (Exhibit A) The Planning Commission recommendations for changes to the Task Force Draft General Plan have been revised to highlight proposed recent changes. The most recent proposed change is at the request of Richard Lowenthal, which is some additional wording on the protection. of the Union Pacific trail Corridor. Please see ]Exhibit A, page 15, item 32 Development Allocation - Development Allocation (Exhibit A. page 3) was discussed in depth at the August 16 City Council meeting. Recent recommended changes are highlighted in red. The City Council may brant to focus on the highlighted changes, unless there are other issues to be discussed. Copies of slides from the August 16 presentation are included (Exhibit B) to compare the development allocation numbers from various alternatives. Building eights Building heights were discussed on August 16, and the height comparisons are shown in Exhibit B. As stated at the meeting, staff supports the Planning Commission recommendations. However, the City Council questioned the advisability of the Vallco Park South height limitation, linking 60' to mixed use. The City Council may want to focus on that recommendation. Cohesive Commercial Centers As discussed previously, two changes are recommended related to retaining cohesive commercial centers. The first is item 25, Policy 2-42, where new office development exceeding 50,000 square feet will be approved only if fiscal benefits are provided. The second is a new criterion related to Maintaining Cohesive Commercial Centers Iand Office Parks, whereby conversion of industrial., office and commercial uses on a site will be evaluated to determine if they are complementary to the overall business park or slopping center. The City Council requested that one of the criteria, prohibiting non -retail uses from eyceeding 25% of a shopping center, be specifically noticed so that the community is alerted to the issue for tonight's discussion. A City-wide notice including that point was mailed on Friday, September 16. Hillside Land Use Numerous communications from residents have been received regarding development in the Lindy Lane area. The General. Plan issue relates to the land use designation on the land use map. The. Administrative Draft recommended a change from Residential Low 1-5 d�nrelling units/ gross acre to Residential Low 1/2 acre Slope Density Formula (hillside). Please see ]Exhibit D. The Planning Commission recommends retaining the Residential Low 1-5 designation (see General Plan Update September 20, 2005 Page 3 Exhibit A, page 17, item 42). The Administrative Draft recommendation for the hillside designation was based on the hillside topography in the area (see page 3' of Exhibit D). Four parcels are estimated to have potential subdivision potential under the current land use designation (page 4); one is estimated to have potential under the hillside designation. One property owner, Knopp, has already received Planning Commission approval for a two -lot subdivision, and another, Sun,, is applying for a 3 -lot subdivision, which goes to the Planning Commission on October 11. The other issue raised relates to zoning. These properties are currently zoned R1; the differences between R1 and RHS (Residential Hillside) are shown on page 5 of Exhibit D. Currently the Lindy Lane area must meet the R1 and RHS regulations if the average slope is over 15%. If the area is rezoned, they would be regulated by the RHS ordinance. The City Council does not need to address the zoning issue per se; it would follow the General Plan designation. REMAINING SCHEDULE The recommended remaining schedule is: > October 4 "Tinal" decisions - Council should determine all the amendments to the General Plan, subject to preparation of resolutions and the final EIR. Staff recommends that the City Council begin the meeting with these decisions, and take public testimony later. > November 1 Approval of final General Plan (with Resolutions) and Certification of EIR. The November 1 date is recommended because staff .and the consultants need two weeks from October 4 to prepare the final documents, and November, 1 is the next regular meeting. If the City Council sets a special meeting date prior to November 1, for example the week of October 24th, final approval could occur sooner. Enclosures: Task Force Draft General Plan - please bring to meeting Exhibit A - Planning Commission Recommendations, revised September 14, 2005 Exhibit B - Development Allocation Slides Exhibit C - Height Slides Exhibit D - Hillside Designation Slides Exhibit E - Public Communication General Plan Update September 20, 2005 Page 4 Prepared by: Ciddy Wordell, City Planner Approved by: )z David W. Knapp City Manager G:planning/pdreport/cc/CCGPA2004-01 sept 20 2005 N........... CITY OF CUPEKTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3.308 FAX (408) 777-3333 Community Development Department AGENDA DATE September 20, 2005 SUBJECT. - Receive an update from the Vallco Fashion Park representatives regarding development plans. RECOMMENDATION-. Staff recommends that the City Council ➢ - Receive the update, no action is required DISCUSSION-. Vallco Fashion Park representatives requested an opportunity to review their development plans with the City Council and the community, since many changes are underway. A city-wide notice was mailed for this meeting. Among the proposed changes are: Mixed use retail and residential uses on the "Rosebowl" site: approved Cinema above the main mall, and accompanying parking structures 156 condominiums north of the main mall Hotel north of J.C. Penneys Restaurants near the Wolfe Road/Stevens Creek Boulevard intersection In addition, Vallco Fashion Park has applied to extend the expiration date of its Development Agreement, which expires in August 2006. That application is scheduled for the October 11, 2005 Planning Commission meeting. The Vallco representatives did not submit any plan sets for the packet, but will explain the proposals at the meeting. Prepared by: Ciddy Wordell, City Planner App-Koved by: David W. Knapp City Manager Printed on Recychod Paper CITE' COUNCIL DECISION MATRIX September 20, 2005 Page numbers refer to Planning Commission Recommendations, Exhibit A DEVELOPMENT ALLOCATION PAGE HOT TOPIC PK RL DS KW Si NOTES Table 2A Vance ]dark South Residential Units: PC or PC+ Vance Park North Residential Units IAC ®n° PC+ Bubb Road Residential Units PC or P C+ Citywide Residential Units IAC or PC+ Hotel Rooms PC or PC+ 3 MAJOR COMPANIES Pipe 4 HOT TOPIC Item PK RL DS KW Si NOTES New strategy: Retain a square footage pool for major companies; new office development must provide fiscal benefit BUILDING HEIGHTS Page 7 HOT TOPIC Items. 14 PK R DS KW Si NOTES Valle® Park South Building Height PC 45' or 609 if mixed use or 609 with no restrictions 4 ECONOMIC DEVELOPMENT Page 12 HOT TOPIC Item 25 ]KIK RL DS KW Si NOTES New ®Bice ]prohibit non -retail development uses from exceeding >50,000 sq. ft. only 25% in shopping of certain fiscal centers o benefits provided Pace 13 HOT TOPIC PK ]ESL DS KW Si NOTES ]prohibit non -retail uses from exceeding 25% in shopping centers o ONE -PERCENT FOR ART Paine 14 HOT TOPIC Item 3 PK RL DS ]KAT Si NOTES Adopt a I % f®m Art Ordinance. Apply to projects >50,000 sq. �e J UNION PACIFIC RAILROAD Page 15 HOT TOPIC PK RL DS KW Si NOTES Item 32 Comprehensive trail Union Pacific RR — plan for Reguart provide continuous Creek and wrest trail through corridor foothills is in new .use. advantageous. REGNART CREEK AND WEST FOOTHILLS TRAILS P22e 15 HOT TOPIC Item 32 PK RL DS KW Si NOTES Comprehensive trail plan for Reguart Creek and wrest foothills is advantageous. R TRAIL LINKAGES Page 16 HOT TOPIC Item 35 PK RL DS KW Si NOTES PC: ... locate creek trails on the opposite side ®f creek... Bike and Ped: delete above, add "work with affected neighborhoods in. locating trails." HILLSIDE DESIGNATION — LAND USE MAP Pape 17 HOT TOPIC Item 42 PK RL DS KW Si NOTES Revert Lindy Lane area properties t® Residential ]L®w 1-5 du/acre (non - hillside) 7 TRAFFIC SYSTEM MANAGEMENT PROGRAMS PaLre 2 HOT TOPIC ]KIK ]RIC, DS KW Si N®'1['ES Item 52 Employee Cashout Programs — amend ordinance t® define program elements TRAFFICSERVICE AND PEDESTRIAN Ni a DSir 1& a",n 4 4 HOT TOPIC Items. 6® PK RL DS KW Si NOTES ]Restore policy t® balance needs ®f pedestrians with desired traffic service SUSTAINABILITY Pan 25 HOT TOPIC PK RL DS KW Si NOTES Item 65 Set standards for Green Building design AREAT B�� PC PC RECO- RECO- POTENTIAL TOTAL MENDED MENDED POTENTIAL. TOTAL vallco 311 300 611 60 0 911 Park S. vallco 551 200 751 400, 951 Park N. Bubb 0 0 0 150 150 Road TOTAL g62 500 1.3o2 1150 2012 subareas TOTAL 21097 1903 23000 2553 23,650 citywide EXHIBIT C Height Plan. Task Force Existing Gen,. Adm, Plan Draft comm. Monta Vista 2-3 stories 2-3 stories 2-3 stories 30' Vallco Park S. 35' 30-60 30-60 60t1liXed use, 45' Heart of City 30-45' 30-45' 30-45' 4 5' Home -stead 35 30-45"601 415 City Ctr., 45' 30-60' 60'+ 45' N. DeAnza 30' 45-60 60'+ 45' 60' vallco park 30' 45' 45 -btu' •1 parcel estimated, -to subdivision poten.tia,,I,,,.,-,u,.i hillside designati("Ir lave potential oderproposed i Latk'U. L� z .-. .. �P �.tx 7-�s� .. �S41R !��. � �•. G.�t"z,,'!f�`��'[,t�,y �-f �Z 4� Y_tst. l.Y ��.�. ,.; i K ..-fETA � rY �4E �l x.'4{E. 4^{' � � E i e i i i � g �=O 1l.!' LOW ♦s�•.S r- i 4 F d r S i}r i Latk'U. L� z .-. .. �P �.tx 7-�s� .. �S41R !��. � �•. G.�t"z,,'!f�`��'[,t�,y �-f �Z 4� Y_tst. l.Y ��.�. ,.; i K ..-fETA � rY �4E �l x.'4{E. 4^{' � � E i e i i � g �=O 1l.!' LOW ♦s�•.S r- i 4 i q try i e i i v r- i 4 .e1 .1}'8�"� �gT' ' �`^o,. � "`Ss� ��,•,�'.`''_.". ,. 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'd { n i #: I t i • :ter 4 « •tom Itr, - __ _ __ 'a._._ .�.._>~ ��,:,�,�tifi-ji: �.1��1'4'��1"�1�1'��?� ; ;",'� �, 2 ' - y • ii �:��,,,,,•„c«,r � i � ��•� '�.,. � ,:,r� t,ew.:! fid,. `T�a s ",-.bat.;r�, e d �im� r 'pr's ,•r'a` 1 �..I�Larfr'x` �,�:� eore Pro Knopp Property v Topography 0 25 so l(H) =kmd=-- qMlTm a, i TimFj, 'i I I bafti'i d eUcx Current Proposed Development Must meet Ri RHS Regulations and RHS if avg. S1 ope aver 15°l0 EXHIBIT E Dear Mr. Mayor, Patrick Kwok and Cupertino City Council, members; Sandra James, Richard Lowenthal, Dolly Sandorval, Kris Nang and Director of Community Development, Steve Fiasecki Sept, 8, 2005 My name is John James. 1 reside at 21 852 Lindy Lane. This week north side Lindy Lane residences, John Knopp, Frank Sun and Mark Santora were walking up and down Lindy Lane collecting signatures on a petition requesting that the City change the R-1 zoning laws removing the 15% slope formula added to protect hillsides that are zoned R-1 e 1 saw about 10 to 12 signatures already on their petition sign up sheet. These gentlemen told my wife and 1 the reason we should be for the petition was that 66the 15% slope formula would reduce our home values $100,000.00." We could not add on to our homes or do any extensive remodeling. Not passing this petition would hurt us financially. My wife and 1 felt coerced. 1 later checked with some of icy other neighbors and essitentually got the same story. Some signed. My interpretation of the direction of this petition, if passed, will allow the petitioners to build multiple monster homes. on their relatively small -subdivided lots. This sounds like preferential spot zoning to a small group of landowners on Lindy Lane and may be illegal. In my opinion, changing this part of the law would be of great economic benefit for the petitioners. It will allow* them to build a monster house on a lot that has a slope GREATER then 15%0 Page I of 3 Ciddy WordeH From- Mohammed Hossain [sharminsalim@sbcglobal.net] Sent: Monday, September 12, 2005 11:42 PM To: Ciddy Wordell; Steve Piasecki; Patrick Kwok2 Cc: City Council; gief@sbcglobal.net; Bob Rodert; tahoejej@comcast.net; taysi3@aol.com; Mohammed Hossain Subject: RE: Lindy Lane Petition - Possibly signed based on mis-information - No response from City Planning - PLEASE READ & RESPOND Dear Members of the City Council, Planning Cominission, and Mr. Kilian - My carne . is Mohammed Hossain. I reside at 21882 Lindy lane. I like to point out that I completely agree with Sara Arzeno, John E. James and other concern citizen at Lindy Lane regarding the Hillside development. So, I strongly disagree with the planning Commission's recommendation to keep the Lindy Lane area zoned as residential. Because, it is Hillside, and there is history of mudslides in the area. The Lindy La ne hillsides should be zoned correctly to RHS in the general plan is currently considering. In this area, no monster homes should be allowed, or excessive building coverage could cause mudslides. Regards, Mohammed Hossain 21882 Lindy Lane Cupertino, CA 95014 E-mail: sharminsalim(Q_sbcglobal. net Phone: 408-725-1448 Ciddy Wordell <Cynthia W@cupertlho- org> wrote: Hello Sara. I received your email today, and will respond tows many of the points as I am able. 1. Why has this piece of hillside escaped the appropriate hillside ide zoning? My understanding is that a couple of decades ago the City Council considered this area for the hillside designation in the General Plan, but did not take action to change it. In the 1993 General Plan, it was not R was brought up, but the P11 ann ing Commission is brought up. in the current General Plan review, :4 brought C21 11 11 U V recommending that there not be any change. They added wording to an existing policy on Hillside Development Standards (Policy 2-45, Strategy 2) that.now states: Actual lot sizes and development areas will be determined through zoning ordinances, clustering, identification of significant natural features and geological constraints. 2. Can the City clarify the .information ...is accurate or not? I think it's too difficult to respond to information Mr. Knopp said or might have said. Perhaps the best thing is for people to read the R-1 ordinance as it relates to slopes and let us know if you have any specific questions about the effect of the ordinance on your. properties. 3. Oak tree removal - I responded to that earlier today. 4. City Council agendas- the City Council probably has three General Plan meetings left: September 14, 20.and.October 4. At this writing, the hillside issue has not.been specifically scheduled for a discussion item. However, September 20 is the best date for you to make any request you have related to General Plan hillside policies or land use designations. 9/13/05 -rage 2 of 3 Ciddy Wordell -----Original Message ----.- From. Arzeno, Sara [mailto:Sara.Arzeno@cvt.com] Sento Monday, September 12, 2005 9023 AM To: Bob Rodert; tahoejej@comcast.net; taysi3@aol.com; sharminsalim@sbcglobal.neto LACORRE@COMCAST.NET; Arzeno, Sara Cc,,- gief@sbcglobal.net; Ciddy Wordell® Patrick Kwok2; Charles Kilian; Steve Piasecki Subject- Lindy Lane Petition - Possibly signed based on mis-information - No response from City Planning PLEASE READ & RESPOND Importance: High Dear Members of the City Council, Planning Commission, and Mr. Kilian - The situation on Lindy Lane continues to be difficult - once again - after silence from our city planning department and council members, I am writing to request some answers. Last Monday evening at dinner time , Mr. Knopp and Mr. Sun rang our doorbell to suggest that we sign a petition regarding a zoning change on Lindy Lane (I believe Mr. James has provided you with a copy of this petition.) I let Mr. Knopp and Mr. Sun know that we do not approve such a petition and that we want Hillside zoning to be put in effect - as it should have been all along. After discussing our views with these gentlemen - Mr. Knopp told me that if hillside zoning were approved, no one on our side of the street would be allowed to remodel/add on to our homes - and that if some sort of damage occurred in the future, structures such as swimming pools, etc. could not be rebuilt because the Hillside zoning would forbid such activities. He went on say that our properties wouldbe de -valued if hillside zoning were to be approved. At this part of the conversation, I must say - I simply stared at Mr. Knopp because I did not believe any of these statements were true - in fact, I checked with a Planning Commissioner to confirm that Mr. Knopp had been most definitely mis-representing the facts. -A number of us are now extremely concerned because -after talking to several neighbors - apparently these gentlemen had told everyone the same mis-information - and more importantly - a number of people signed the petition based on this mis-information. Can the City pease clarify why this small piece of hillside - unflke other areas similar to it's topography/geography - has escaped the appropriate hillside zoning? Can the City please clarify whether or not the information that Mr. Knopp and Mr. Sun have been telling people is accurate e or not? The City Council and Planning Commission need to consider our rights on this issue.. We have been trying to get the Planning Commission to hear & respond to our concerns since May- and we were told to put our concerns in writing. Our first Lindy Lane Neighborhood Group email went out to Ciddy W. on June 1 st. Our first meeting with the City wasn't until the beginning of July at which point Ciddy was in Italy for a month and Mr. Piasecki was only able to attend our meeting for 10 minutes because he had a previous engagement (this was shocking since a number of us had left work early and driven back to Cupertino specifically for this meeting). In the meantime, we have kept letters and concerns coming in - but no one in the Planning Department has even bothered to respond. We still have not received an answer about who/why have oak trees been removed and what has or - what will the City do about it? We still have no response concerning our very real worries about hillside stabUity Qpls refer to city records to sec mud slide history and bu lding problems over the years) will the City please respond? Now - we have a petition that may have been signed under false pretenses - to further develop this area. For those of us uninitiated into City Government - when we see "The General Plan on the City 9/13/05 Page 3 of 3 Council Agenda - many of us do not realize that "Hillside Development" is part of this. request that you puease itemize the City Agendas so that Citizens w!U know what is reauly being discussed) - so that we will be prepared to attend meetings that impact us and not let the hidden agenda unfold in our absence. A final note - many of us in this neighborhood voted for. the current city admunustration the basis of it's purported "H11110sudc Protection" stance e this was apparenUy a mis- representation as weft Although this does not represent the complete email list of the Lindy Lane Neighborhood Group, pis reply to auo so we can forward to others in our group. Thank you. Sara Arzeno Manager, Medical Writing CV Therapeutics, Inc. (650) 334-6696 9/13/05 June 4, 2005 Dear Cupertino City Council, ]Planning Commission, and Planning Staff, We the residents of Lindy Dane and lit Crest object to the recent change in building requirements in our area. Specifically, we object to the change in the R1 ordinance section 19°28..050 paragraph C whereby both the R1 and RSH rules are applied to buildings in our area with slope densities greater that 15%. According to the planning office, there are 27 homes affected by this change. We object to the change for two reasons, lack of proper notification, and lack of evidence that the proposed change is reasonable or required. In a Cupertino Planning Commission meeting held on'January 26, 2005 there were 11 members from the affected group attending a meeting to discuss a proposed rezoning of our area from RI to RSH. During that meeting the 15%® slope change was mentioned by Deter +Cilli from planning. None of the residents in that meeting had heard of the slope change, which had already been passed. We feel this change amounts to a rezoning under another name. ]because the change is effectively a rezoning, and because the residents were not properly notified we feel it should be repealed. In addition, we have seen no credible evidence that such a change is warranted in our area. There are already rules in effect to ensure that structures built on slopped lots are safe. The January 26 meeting was called by the city planners to discuss a possible rezoning of the area around ]Lindy Lane and Mt Crest. We were told that the proposed changes would have "no negative effects99. This is simply NOT true. Both the 15% slope change and the proposed rezoning have tremendous adverse effects on our property values. We the residents of those areas are strongly against this proposed rezoning. Such a rezoning was proposed by the city 10 years ago. During that time the city decided NOT to rezone the area. The city had reasons for the decision back then, and we see NO reason to change the zoning now. In summary; we the owners of the properties around Lindy Lane and Mt Crest strongly object to the change in the building rules requiring both RI and RSIE-1[ restrictions on lots with 15% slope densities. We are also against the proposed rezoning. We request that the city council repeal the change in the RI ordinance section 19.28.050 paragraph C whereby both the RI and RSH rules are applied to (buildings with slope densities greater than 15 %® and reinstate the previous rule. We also request that the proposed rezoning of our area from RI to RSH be dropped from the general plan. Thank you for your attention in this matter. Print Name Address Sianature Sr '71 2-1 12--1 ;7z 4gfir,----�-�. � ��y w,�� -_ _� .¢ � � �� s;- 1.1"Tio ko"AIJ, .... .... .... 1-1:q -m 17 R -F LAI S 7 Mir A 1-1:q -m 17 R Jun 05 05 02050p t Address Signature P. 1 August 30, 2005 City of Cupertino CITY COUNCIL 103®® Torre Avenue Cupertino, CA 95014 Re.- 22510 Stevens Creek Blvd., Cupertino, California Dear City Council Members: I This letter serves as a request to review and consider the zoning for the property located at 2251® Stevens Creek Boulevard (on the SE comer of Stevens Creek Boulevard and Foothill Boulevard). The zoning of this property is presently classified as commercial. I have'owned this commercial property for almost twenty years and have operated the facility as a gas station during this time. As a long-time member of the Cupertino community, it has become increasingly apparent to me in recent years that the city and its residents would be better served by utilizing my property for residential use instead of a gas station. Specifically, there is an obvious unmet demand for more affordable housing in Cupertino. As you are aware, housing in Cupertino is one of the most sought after in the entire Bay Area due to the proximity to Silicon Valley, high quality of life and excellent school districts. Accordingly, the City would benefit immensely by providing current and potential residents access to more affordable and smaller homes. Further, residents will be unaffected by the closure of a gas station at this location because there are at least four gas stations within close proximity and one less then a quarter of a mile away on Foothill Boulevard. For all of the afore -mentioned reasons., I believe. it is in the best interest of all parties to pursue the, possibility of building a multi -unit residential development on my property located at 2251® Stevens Creek Boulevard. At this time, it appears that changing the zoning to allow a residential development will be the most beneficial use of this property. I sincerely appreciate your consideration and look forward to discussing this matter further. Very truly yours, Morteza Abdollahi This could be a huge SAFETY issue. Our Lindy Lane home was completely destroyed during the 1982-1983 heavy rains because of a mudslide. The Lindy Lane hillsides should be zoned correctly to RHS in the general plan is currently considering. In this area no monster homes should be allowed or excessive building coverage could cause mudslides. I will fax to any of you a copy of this petition if you request one. Please send me your fax number. Please respond, John E. James 21852 Lindy Lane Cupertino CA 95014 E-mail: tahoejej@comcast.net Ph/fax: 408-725-0280 `�� ,� tib Nt l i UT40 : l i I ui f m o V'%W-% ....•• - . - . r `i' "` We 'X11 Rta-r UtLL a lure-vL n i T 1 \Jr1 T rT fad T hQh TC Q QLi : Cl T AGIA7. /A4:' /AA 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department AGENDA NO. I (� ` AGENDA DATE October 4, 20®5 SUBTEC : General Plan update, Application Nos. GPA -2004-01 and ]EA -2004-17, City of Cupertino, Citywide. RECOMMENDATION.- Staff ECO MENDATION.- Staff recommends that the City Council Provide your preliminary positions on the decision matrix to the staff at the beginnin� of the October 4, Council meeting. The decision matrix was handed out on September 20 and are include: in this packet (see discussion' below) Staff will compile consensus topics (5-0 or 4-1 votes) and ask the Coiuncil if they wish to discuss any of the consensus topics Topics needing additional discussion (3-2 votes) will then be identified and opened for Council preliminary discussion Council members will identify and have preliminary discussion on any additional topics Opens public hearing to hear public comments on your preliminary positions Close public hearing if deliberations are complete; leave it open if additional discussion is needed at the next meeting Continue the General Plan: to the October 18 City Council meeting for Council discussion or to November I if discussion is complete BACKGROUND: The City Council held five public hearings from July to September on the proposed amendments to the General Plano ]Public discussion to date has included the following subjects: 1. Development Allocations w> Major differences among recommendations Office allocation 2, Heights Major differences among recommendations Printed on Recycled Pape General Plans Update October 4, 2005 Page 2 Building heights needed for typical high volume, high quality retail buildings 3e ]Economic Development ]Fiscal impacts of all new development 4. Darks/grails 5. Traffic Impacts 6. ]Environmental Resources and Health and Safety 7e Circulation/ ]pedestrians 8. One -percent for Art 90 Hillside Land Use ®]Lindy Dane Area DISCUSSION (Facilitating the Discussion Staff recommends a four -step discussion of possible amendments: 1. Fill out individual preliminary decisions on the Decision Matrix The City Council Decision Matrix (Exhibit B) was distributed at the September 20, 2005 City Council meeting. Listed are Hot Topics that were identified at the beginning of the public hearings; several other topics were added during the public hearing process. City Council members are asked to give staff your individual preliminary positions prior to or at this meeting. Staff will quickly compile the results and report back on areas of consensus and areas needing additional discussion. Consensus areas may have additional discussion, too, if needed. ]please contact the planning staff if you wish to review any of the topics prior to the meeting. 20 Identify any other topics, not on the decision matrix, requiring discussion Once the decision matrix topics are discussed, staff suggests that council members identify any other topics requiring discussion, followed by public input. 3. Public input Open the public hearing for public input, and close the public hearing if discussion of the topics is complete. 4.Wrap-up Identify if any changes to preliminary positions are desired, or if there are any remaining topics to discuss. ]planning Commission Recommendations (Exhibit A) The ]planning Commission recommendations for changes to the Task ]Force Draft General ]plan are highlighted to reflect proposed recent changes. Of particular General Plan Update October 4, 2005 Page 3 note are the Planning Commission recommendations, on residential units and the "'Planning Plus" options for additional units. Additional units are proposed to accommodate committed units and in anticipation of requested units. Property owners also requested that flexibility be built into the General Plan. Another topic that has received significant attention is the hillside land use designation in the Lindy Lane area. This topic was discussed at two previous hearings. The issue is whether to change the designation from conventional single family residential to a hillside slope density designation. The change if approved would directly the potential lot yield for three of the 24-17 parcels that would come under the hillside designation. REMAINING SCHEDULE Two options for the remaining schedule are provided: Option 1 October 4 Deliberations, "final" decisions, public input, close public hearing November 1 Approve amendments, certify EIR November 15 Second reading QT2fion 2 October 4 Deliberations, some "'straw" decisions, public input Deliberations, finish "straw" decisions, public input, close public hearing, "final" decisions November 18 Approve amendments, certify EIR December 6 Second reading Enclosures: General Plan Update October 4, 2005 Page 4 Task Force Draft General Ilan ® please bring to meeting Exhibit A e Planning Commission Recommendations, revised September 14, 2005 Exhibit B o Decision Matrix Prepared by: Liddy Wordell, City Planner Submittedi°bye . Approved by: r 4 �3 w" Steve Piaseeki David W. Knapp Director of Community Development City Manager G:plan ing/pdreport/cc/CCGPA2004-01 oct 4 2005 CITY OF CUPEk JINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 7773333 Community Development Department SUMMARY AGENDA NO. AGENDA DATE October 18, 2005 SUBJECT -0 General Plan update, Application Nos. GPA -2004-01 and EA -2004-17, City of Cupertino,, Citywide. RECOMMENDATION: Staff recommends that the City Council > Complete the discussion on the remaining hot topics, which are: o Development Allocation o Allocation Pool for Major Companies o Building Heights o New office development exceeding 50,000 sq. ft. provides positive revenue > Identify and have discussion on any additional topics > Open public hearing to hear any remaining public comments > Close public hearing > Finish discussion and preliminary positions on General Plan amendments > Continue item em. to the November 15, 2005 City Council meeting. The final recommendations and Environmental Impact Report will be approved at that meeting. BACKGROUND-, The City Council held six public hearings from July to September on the proposed amendments to the General Plan. Public discussion to date has included the following subjects: 1. Development Allocations > Major differences among recommendations > Office allocation 2. Heights > Major differences among recommendations > Building heights needed for typical high volume, high quality retail buildings 3. Economic Development Printed on 13ec-l"Cled Paper General Plan Update October 18, 2005 Page 2 > Fiscal impacts of all new development 4. Parks/'Trails 5. Traffic Impacts 6. Environmental Resources and Health and Safety 7. Circulation/ Pedestrians 8. One -Percent for Art 9. Hillside Land Use ® Lindy Lane Area DISCUSSION The City Council discussed and took preliminary positions on nine of the 14 "'Hot Topics" shown in Exhibit B. Those preliminary positions are shown in Exhibit A. They are also shown in Exhibit C, which is the slide from the PowerPoint chart used in the October 4 meeting to track Council "straw" votes. There are seven remaining hot topics, with four relating to the Development Allocation hot topic: -number of residential units in Vallco South, Vallco North, and Bubb Road, and number of hotel rooms. Please refer to Table 2A on page 3 of Exhibit A. The "'PC+" reference in the PowerPoint chart refers to the number of units shown in red, which are additional units proposed to accommodate committed units and in anticipation of requested units. Property owners also requested that flexibility be built into the General Plan. Consideration should be given to increase the number of potential hotel rooms, to allow a greater number than those committed to the Vallco area because of the Vallco Fashion Park Development Agreement. The remaining topics relate to reserving some of the office allocation for major companies (#7), Vallco South building heights (#14) and ensuring the fiscal benefits of new office development (#25). REMAINING SCHEDULE If the City Council concludes its deliberations on the General Plan amendments at this meeting, the final amendments and Environmental Impact Report will be scheduled for the November 15, 2005 City Council meeting. This item should be continued to that date,, in`that case. Enclosures: Task Force Draft General Plan ® please bring to meeting Exhibit A ® Planning Commission and City Council Recommendations, revised October 18, 2005 Exhibit B - Decision Matrix Exhibit C ® Preliminary Positions from October 4, 2005 General Plan Update October 18, 2005 Page 3 Prepared by: Ciddy Wordell, City Planner Director of Community Development G:planning/pdreport/cc/CCGPA2004-01 oct 18 2005 Approved by: David W. Knapp City Manager 41i� GENDA NO; 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department AGENDA DATE November 15, 2005 SUB JE.CT.- * General Plan update, Application Nos. GPA -2004-01 and EA -2004-17, City of Cupertino, Citywide. RECOMMENDATION: The Planning Commission recommends that the City Council > Adopt a resolution certifying that the Environmental Impact Report is complete and in compliance with the California Environmental Quality Act (Resolution 05-193) > Adopt a resolution approving the General Plan Amendments (Resolution 05-194) > Adopt a resolution a , pproving the General Plan Technical Appendices (Resolution 05-195) BACKGROUND: The City Council held seven public hearings from July to October on the proposed amendments to the General Plan. On October 18, the City Council adopted preliminary positions on the proposed amendments to the Task Force Draft General Plan (Exhibit A). Final amendments will be considered in light of the environmental impacts of the proposed amendments. Once the City Council approves the final amendments, the General Plan will be reformatted to include all the changes. DISCUSSION Final Environmental Impact Report The Final Environmental Impact Report is enclosed, which analyzes the impacts of the Council's preliminary positions. The conclusion of the report is that the impacts of the preliminary positions (referred to as the Revised Project Alternative) are less than significant. The Cupertino Union School District (CUSD) and Fremont Union High School District (FUHSD)were asked to respond to the Council preliminary positions on residential development. The CUSD responded the by stating that ""the Printed on Recycled PaPer General Plan Update November 15, 2005 Page 2 significant increase in projected units will certainly increased the district's challenges in providing housing for the potential new students. Even though we still feel that district -wide we could accommodate the increase, if it were concentrated heavily in one single school attendance area it would create additional concerns.... [which might] require special mitigations." The letter concludes that "the normal city notification and individual project approval processes would afford the district the opportunity to address these special needed mitigations as they arise." The FUSHSD response (Stephen R. Rowley) is enclosed, which states that "I do not think that an increase of 268 students spread out over several years will have a likely negative impact on the general fund ... The impact of these students on capacity, coupled with likely natural demographic growth, is another matter. I believe we can give you a more accurate, data -based response in February 2006." Final General Plan If the City Council approves the changes shown in Exhibit A, or modifies Exhibit A, the Task Force Draft .and these changes will constitute the Final General Plan. This assumes that any additional changes are minor and would not require additional environmental analysis. As mentioned above, the approved General Plan will be reformatted. Also, an implementation plan will be prepared, which will identify the action items in the plan. The Planning Commission and City Council will prioritize action items and create a work program from the implementation plan. Technical Appendices The Technical Appendices, which consist of information that is too detailed for the General Plan, are adopted separately from the General Plan. They were provided in the original General Plan binders. The appendices are: A - Land Use Definitions B - Housing Element C - Air Quality D - Community Noise Fundamentals E - Geologic and Seismic Hazards F - Slope Density Responses to Comments: A substitute page, 2-40, for the Response to Comments documents, previously provided, is enclosed. LAND USE AND COMMUNITY DESIGN CHANGE NEEDED NOTE, 1. Page 2-12 Change Figure 2-D to conform to the height NO ACTION NEEDED HERE. SEE changes recommended for each Special HEIGHT CHANGES FOR EACH Center (see below). SPECIAL CENTER 2. Policy 2-12, Page 2-10 Change as shown below: Actively pursue the CONSENT The reference to annexation of small annexation of unincorporated unincorporated islands is out of date properties within -the City's urban service '.11.1--ta area, including the IS= Creston neighborhoods, which will be annexed on a parcel-by-parcel basis with new development—t-®®then remaining small, unincorporated islands will be annexed as determined by the CU Council. LAND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 3. Policy 2-13, Page 2-11 Add Strategies 5 and 6: APPROVED 6/15/05 Add two strategies. Strategy 5: Multi -Family Residential MODIFIED 6/23/05 Floor Area Ratios Ensure that the floor area ratios of multi- family residential developments are compatible with similar buildings in the surrounding area. Include a mix of unit types and sizes, and avoid a preponderance of excessively large units. Strategy 6: Ordinance Revision Revise the Planned Development and R-3 ordinances to reflect the intent of Strategy 5. 4. Policy 2-16, Page 2-14 Add Strategy 3: APPROVED 6/15/05 Add a strategy. Transition Neighborhoods MODIFIED 6/23/05 Recognize that some neighborhoods are in transition, and added flexibility for new residences will be considered. 5. Policy 2-17, Page 2-15 Streetscape Add Strategy 7: APPROVED 6/28/05 Design Street Signs: When replacement is Add a strategy required, install new street signs at major intersections that promote Cupertino community identity, such as using the morion logo on the sign. Retain the standard font size of the street name to ensure readability. 6. Page 2-17 Change Table 2-A as shown on the SEE TABLE 2-A following page. 3 TABLE2A COMMERCIAL (SQ. FT.) OFFICE SQ. FT. HOTEL(ROOMS) RIES. 2000 Built 2005 Built Buildout 2000 Built 2005 Built Buildout 2000. Built 2005 Built Buildout 2000 Built 2005 Built Addt'1 Potential Buildout NEIGHBORHOODS 1Vlonta Vista 88,816 88,816 99,698 416;557 417,626 456,210 760 815 87 902 Oak Valley 1.78 178 0 178 Fair rove 220 220 0 220 Other Areas 17,376 17,576* 200 17,776 COMMERCIAL CENTERS Heart of the city 1,182,456 1„194;164 1,476,115 510;531 510,531 521,987 238 354 216 570 Vallco Park South 1,110,700 1,652,150 1,902,564 708,057 708,057 708,057 764 I.A. 764 311 - 300 600 611 911 Homestead Road 238,735 238,735 193,678 69,550 69,550 69,550 126 126 126 484 - 484 300 784 Other Areas 494,576 496,401 495,415 268,735 268,735 250,604 6 300 306 EMPLOYMENT CENTERS North De Anza Blvd. 44,979 36,505 51,372 2,048,021 2,048,021 2,266,206 46 100 146 City Center. 29,358 61,308 79,011 1,032,072 1,050,227 .1,050, 227 224 224 .219 556 100 656 Vallco Park North 127,806 127,806 133,147 2,843,144 2,968,144 * 3,069,676 315 315 315 551 551 200 400 751 951 Bubb Road 428,645 428,645 444,435 0 150 0 150 Other Areas 100 100 Citywide 3,317,426 3,895,885 4,431,000 8,3259312 8,344,536 8,8369952 441E 194129 1429 1,579 209032 21,097 1,903 2,553 239000 23,650 Citywide (rounded. to nearest -thousand) 3,317,000 484319000 893259000 8,840,000 LAND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 7. Policy 2-20, strategy 2, Page 2-17 Delete this strategy if the intent is not to DELETE STRATEGY 2. A strategy to allow floor area ratios to allow floor area ratios to be exceeded: See Hot Topic Flag LU-2 for be exceeded may be in conflict with Floor area ratios for non-residential uses additional discussion of this issue. other references that do not allow them may be exceeded through the to be exceeded. development review process using established criteria for evaluating projects... New 7. Policy 2-20, new strategy 2, Major conapaniess. Prioritize expansion of lZecorn ended by staff August 16, Page 2-17 office space for existing major compardes in 2005 an response to City Council Cupertino. Retain a pool of 150,000 square questions regarding the reduction of feet to be dra-TATP. down by companies with office square footage and providing 1,500+ employees or companies witl, City assurance thar major companies corporate headquarters. New office , i have expansion opportunities. demonstrate iat the development must -� L development positively cont-ributes to ff.e fiscal well being of the City. 8. Policy 2-21, new strategy 3, Add strategy 3: CONSENT Page 2-21 Merriman-Santa Lucia Neighborhood: This wording is in the current A strategy needs to be added. Allow legally constructed duplexes to remain General Plan and was inadvertently in the area bounded by Santa Lucia Road, left out of the draft General Plan. Alcalde Road and Foothill Boulevard. 9. Policy 2-24, Page 2-22 Monta Vista Change "Development Intensity" as shown APPROVED 6/13/05 below: FleefArrea-Ratie: 0.15 c-e ster-Ei � r-Fial-effiee. Development intensity shall be determined in conjunction with specific development review. Add Residential: Up to 12 units per acre. Building Heights from "twe y 77C�hange '[7�bgs with seme three elements"to 30 feet. LAND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 10. Page 2-24 Commercial Centers Change the first paragraph as shown APPROVED AS MODIFIED below: 6/13/05 ....General Plan allocations for other MODIFIED 6/23/05 commercial areas nedes are for local- serving commercial needs. Commercial/ residential mixed-use is encouraged in selective commercial areas if the residential units provide an incentive for retail development and the resulting development is financially beneficial to Cupertino. Active commercial uses, such as bookstores, coffee shops, restaurants, office supply, furniture and electronic stores are encouraged to locate in Cupertino. 11. Policy 2-27, Page 2-24 Heart of the Change "Development Activities" as APPROVED AS MODIFIED City shown below: 6/13/05 Mixed commercial and residential development may be allowed if the [Directed staff to reformat Heart of residential units provide an incentive to the City, Crossroads and Stevens develop retail use, if the development is Creek Boulevard areas so that it's well designed, financially beneficial to clearer that the latter two areas are Cupertino, provides community amenities sub-areas of Heart of the City] and is aT-e-pedestrian-oriented. Change Development Intensity: Residential Buildout: TABLE 2A LAND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 12. Policy 2-28, Page 2-25 Crossroads Change Development Activities as shown APPROVED AS MODIFIED below: 6/13/05 AND 6/28/05 Development along Stevens Creek Boulevard shall have retail uses with storefronts on the ground level. Commercial office uses may be allowed on the second level. Limited residential uses are allowed. Change "Development Intensity" as shown below: e: Floor Area at 0.15 ee -e . -11/eenamereial offic-e-. Development intensity shall be determined in conjunction with specific development review. Add Residential Units: Up to 25 units per acre. Change Building Heights to 45 feet. 13. Policy 2-29, Page 2-27 Stevens Change "Development Intensity" as shown APPROVED 6/13/05 Creek Boulevard below: leer -Area Rat 0.15 e; ^^ i l/efeial e. Development intensity shall be determined in conjunction with specific development review. Mixed commercial and residential development may be allowed if the residential units provide an incentive to develop retail use, if the development is well designed, financially beneficial to Cupertino, provides community amenities and is-pedestrian-oriented. Change Residential to: Up to 25 units per acre. Change Building Heights to 45 feet. LAND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 14. Policy 2-30, Page 2-27 Change policy as shown below: APPROVED AS MODIFIED Vallco Park South Retain and enhance Vallco Park South as a large- scale commercial area that is a regional 6 13 05 / / commercial (including hotel), office and entertainment center with supporting residential derv,„el�opment. ^,, i 7, ftite de� E eenter, ” "ll"' TTa Cl [Ly a s a ret i� hotel, commercial\ Strategy 1 Master Plan - Prepare a Master Plan for this area to ensure continuity of mass, scale, connectivity and adequacy of infrastructure and services, including schools. Strategy 2 Continue the Vallco Parkway streetscape, which was approved as part of the Vallco Rosebowl mixed-use development, along the entire Parkway. Change "Development Intensity" as shown below: 1,- 15 iai ^ r er Area Ratio:0.15 comms Ce'reial/comrTnTmer- effiEe-Development intensity shall be determined in conjunction with specific development review. Mixed commercial and residential development MODIFIED 6/23/05 may be allowed if the residential units provide an incentive to develop retail use, if the development is well designed, financially beneficial to Cupertino, provides community amenities and is pedestrian-oriented. Residential: Up to 35 units per acre. Residential Buildout: Table 2A Change Buildilig Heights to 60 feet if mixed use and 45 feet if not mixed-use. LAND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 15. Policy 2-31, Page 2-28 Homestead Change "Development Intensity// as shown APPROVED 6/13/05 Road below: A--- - MODIFIED 6/23/05 nw�wvi ri�+n�n� �ni�ntn�M nT+n%,ee Development intensity shall be determined in conjunction with specific development review. Mixed commercial and residential development may be allowed if the residential units provide an incentive to develop retail use; if the development is well designed, financially beneficial to Cupertino, provides community amenities and is Vie -pedestrian -oriented, Residential Buildout: See 'Table 2A Change Building Heights to 45 feet 16. Policy 2-32, Page 2-29 Remainder "Development Intensity„ as shown below: CONSENT of Neighborhood Commercial Areas T71^^- /` nnvw-lvvonn+n, P- T evelopment intensity shall be determined in conjunction with specific development review. Mixed commercial and residential development may be allowed if the residential units n provide an incentive to develop retail use, if the development is well designed, financially beneficial to Cupertino, provides community amenities and is fie- edestrlan-oriented. LAND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 17. Policy 2-33, Page 2®30 North De Modify Development Activities: Office, CONSENT Anza Boulevard industrial, research and development with The City Council previously o ercial. and residential uses. supporting commercial. requested that the Development - ". A{/ 1\ I Il4AT /1'A'iFf 111. !'fl /14T 111 • . Activities reference be deleted, and U. it was left in inadvertently. Change "Development Intensity" as shown - below° free e � e -Development MODIFIED 6/23/05 intensity shall be determined_ in conjunction with specific development review. Mixed PC VOTE 3-2 commercial and residential development may beL allowed if the residential units provide an M' centive to develop retail use, if the development is well designed, financially beneficial to Cupertino, provides community amenities and is fie -pedestrian -oriented. The Apple Computer campus shall not have a residential component. Residential Buildout: Table 2A Change Building Heights hts to 45 feet _ LAND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 18. Policy 2-34, Page 2-31 City Center Change ""Development Intensity" as shown CONSENT below: Ug �L • -;-Development MODIFIED 6/23/05, intensity shall be determined in conjunction with specific development review. Mixed commercial and residential development may be allowed if the residential units Provide an incentive to develop retail use, if the development is well designed, financially beneficial to Cupertino, provides community amenities and is gfe-pedestrlan- orlented.Resldential Buildout: TABLE 2A 19• Policy 2-35 Page 2®32 Vallco Park North Change "Development Intensity,, as shown below: CONSENT MODIFIED 6/23/0 Hewlett Packard's development agreement locks in the remaining floor area allocated to their property. After the expiration of the development agreement, and for other properties in this area, the development intensity shall be determined in conjunction with specific development review, The Hewlett Packard campus shall not have a residential component. Residential Buildout: Table 2A Comgnission majority e 60 feet, one if mixed use and one office/ind only Change building heights to 60 feet LAND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 20. Policy2-36, Page 2-32 Bubb Road Change ""Development Intensity„ as shown APPROVED 4/� �/®� -D 1-11 R d below: Add C®��nercIlal �.�. rsnf�; �,,. n Land Tse leap x�nr�c�r�—ae Development intensity shall be determined in conjunction with specific development review. Building Heights: 30 f eet. 21. Policy - 238, Page 2-35 Change this policy, to read: APPROVED 6/15/05 with Economic Development Use an annual, 5 -year revenue projection, additional wording° forecast by revenue area, to correspond to belowCupertino's current revenue analysis. Include a fiscal analysis of development applications comparing the development proposal with the annual economic development plan, including the fiscal impacts of the development on the city's projected 5 -year revenue stream.. Develop a proactive economic development strategy that links residential development to provision of revenue generating uses such as sales tax offices and retail uses. Create an economic level® meat staff and budget- : ud et. LAND USE AND COMMUNITY Y CHANGE NEEDED NOTE DESIGN 22. New Policy (to follow Policy 2- Conversion of Office/ Industrial Uses to CONSENT 42) Pa9e.2®35 Residential: Evaluate the economic impacts of converting office/ industrial uses to PC NOTE 3-2 residential uses, 23. New Text and Policy (to follow See next page: Maintaining Cohesive new policy above) Page 2-35 Commercial Centers and Office Parks 24; Page 2-36 Commercial Change as shown below: CONSENT Development e e .Redevelopment funds will be used to Text related. to Vallco Fashion Park. foster the revitalization of this regional shopping center through mall expansion, infrastructure nrnprovements, economic development programs and provision of very low, low and moderate -income n housing., 25. P l cy 2-42, Page 2-35 Change as shown below: Recommended by staff August 16, Retail Sales and Office Development In reviewing office development proposals, 2005 to help ensure the fiscal benefits encourage office uses and act-ivities that of new development. - generate significant revenues to the City, such as local sales offices, capturhig point of sale internet transactions and business t® business tax revenues. New office development exceeding 50,000 square feet shall be approved only if one of these or similar benefits are provided: 26. Policy 2.43 Page 2.36 Change as shown below: CONSENT Vallco Development Area Facilitate redevelopment in the Vallco Redevelopment Area as a distinctive regional shopping, residential and entertainment center, with hotel uses. is Maintaining Cohesive Commercial Centers and Office Parks Cohesive commercial centers and office parks are necessary to maintain a healthy sales tax base for the city and to retain opportunities for existing businesses to expand in response to changing business trends. Cupertino's major retail commercial centers. are located at Malleo Fashion Park, The Marketplace and Portal Plaza centers, Cupertino Village, the Oaks and the Crossroads Commercial District; the office parks are located at Vallco (North of Highway 280), North De Anza Boulevard and Bubb Road:.- Projects with residential, eT quasi -public components or non -retail sales producers that are proposed to replace some or all of the existing industrial,. office and commercial uses on a site in these areas will be evaluated on a case by case basis to deter -nine if they are complementary to the overall business park or shopping center, or otherwise meet the following .criteria° 1). Integrate into the existing land use pattern by; Continuing established land use patterns (e.g. commercial next to commercial or residential adjacent to residential) ® Continuing patterns of building massing, setbacks and height ® Establishing logical development patterns bounded by visible natural or roan -made features such as a public or private road, g creek, freeways etc. 2) Provide visible pedestrian/bicycle connections to and from existing uses. 3) Provide a visible and publicly accessible park/plaza or open space area. 4) Orient active building spaces to the public or private rights of way, 5) Provide superior building design with high quality natural materials and building architecture. 6) Demonstrate there are sufficient existing or supplemental local revenues to support municipal and school services needed to serve the developments 7) Show that the building is functionally obsolete in a market sense and cannot be -reasonably redeveloped or marketed into a compatible use within the surrounding area, or show the existing building/use is no longer complementary to the larger commercial center or office par. 8 Show that the development can reasonably stand alone as a self-sufficient land use that is otherwise complelnentary to existing buildings and uses, 9 ) Show that the residential or quasi -public use provides an incentive to incorporate a significant component of commercial or offices uses on the site. 10) Prohibit non -retail uses from exceeding 25% of a shopping center. LAND FTSE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 27.. New Policy (to follow Policy 2- Big Box Development: Consider approving CONSENT 44), Page 2®36 big box development if it is compatible with the surrounding area in terms of building mass and. traffic. 28. Policy 2®45 Strategy 2 Page 2-37 Change the last sentence in Strategy 2 as CONSENT Hillside Development Standards shown below: Actual lot sizes and.development areas will be determined through zoning ordinances, clustering, identification. of significant natural features and .olo cal constraints. ei CONSENT 29. Figure 2-G, Page 2®43 Add the Nathan Hall Tank House to the The Nathan Hall Tank House, Historic Resources leap. The tank house was constructed in the adjacent to Blackberry Farm., needs to late 1800's. Itis currently located on be added to the ixi.a of Historic_ vacant land that is part of a Byrne Avenue development. The Cupertino _ Resourcesa Historical Society believes that it has historical significance and should be maintained and preserved. 30. Policy 2-63, Strategy 1, Page 2-45 Change Strategy 1 as shown below: APPROVED 6/15/05 Public Art Ordinance. Develop and adopt a one® Percent for Art ordinance, which requires public and private development to set aside 1 % of their total project. budget for on-site art. Apply to projects 50,000 square feet and lar er. 10 LAND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 31. Page 2-52, Figure 2-1 Change the trails section adjacent to CONSENT Trail Linkages "Rancho San Antonio Park" text from "Future," symbol to "Existing or Proposed" symbol 32. Page 2-54 Union Pacific Railroad The corridor is designated as a Requested by Richard Lowenthal proposed trail on the Trail Linkages 9/12/05 diagram. Should the railroad corridor use change, provision for a continuous trail through the corridor must be included in the new use. 33. Policy 2-75, Page 2-55 Add a strategy: CONSENT Park Design Where possible, open and restore covered creeks and riparian habitat. 34. Regnart Creek and West Foothills, Change as shown: Changes recommended by the Trails ... A comprehensive trail plan for Bicycle and .Pedestrian Commission Regnart Creek, as well as one for the are shown in red• 9/6/05 west foothills, would be advantageous, to provide consistent trail designs for future development. lb LAND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 35. Policy 2-70, Page 2-54 Strategy 2 Change Strategy 2 as shown below: CONSENT Trail Projects. Implement the trail APPROVED AND MODIFIED projects described in this element. 6/15/05 and 6/23/05 Evaluate any, security privacy impacts and measures A motion to require 66% associated with trail development. neighborhood approval for urban Work with affected neighborhoods in trails was defeated 2-3. locatingurban creek trails, and locate manges recommended by the creek trails on the opposite side of the creek from residential development. cycle and Pedestrian Com -mission Evaluate any safety, security and are shown in red. 9/6/0' privacy impacts and mitigations associated with trail development. Work with affected neighborhoods in locating trails. 36. Page 2-55 Add a policy to follow Policy 2-72: CONSENT A new policy is needed to promote a Park Variety: Plan for park uses that Suggested by the Park and Recreation variety of park uses. provide for a variety of recreational Commission. activities. 37. Policy 2-75, Page 2-55 Modify as shown below: CONSENT on Park Design needs to be modified. Design parks to utilize the natural features Recommended by Community and topography of the site and to keep Congress. long -term -maintenance costs low. Strategy: Native Plants Maximize the use of native lants and minimize water use. BLAND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN 38. Table 2-C, Page 2-61 Add areas as shown below: CONSENT This table should be amended to Call Park plaza, library plaza, City Don't count toward meeting the 3 incorporate private parks and open Center amphitheater, 3 apt. .5 acre acres/1000 population ratio. Only space areas. areas, private open space in planned include areas that have public access. development such as De Anza ®alts. 39. Policies 2®79 and 2-821 Pages 2®62 Change as shown below: CONSENT and 2-63 Policy 2-77: Acquisition or Dedication These policies are similar and should of Additional. Parklands: be combined. Additional parklands are identified and shall be acquired or dedicated in the Rancho Rinconada area, in the Vallc® Park area, and in the area north of 1-280 near Stelling. Require dedication when significant neve housing units are identified to meet State requirements. Delete Policy 2-82; 40. Policy 2-81, Page 2®62 . Change as shown below: CONSENT Soiree words were omitted from this Provide park and recreational. space policy. and facilities for new residential development in the urban core. The need.. . 4�o Policy 2-�3, Page 2 63 Change as shown below -CONSENT One word needs to be deleted. ...tennis courts and wi44 work.... 42. LAND USE MAP Revert the proposed hillside land use CONSENT designation for the Andy Lane area See Draft Land Use Map. properties to .Residential Low 1-5 du/ acre HOUSING CHANGE NEEDED - NOTE 43. Page 3-4, Program 1, New Change as shown below: APPROVED AND MODIFIED Construction. .. .After ad ustin for housing units already6/15/05 g g providedbetween 1999-2001, the revised estimate is that adequate sites are needed for 2,325 units from 2001-2006 of 465 units per year. . . y y ra-^-1-aAr7AA--4- - Mrw r1. 44. Policy 3-1, Page 3-5 Restore this policy and Household CONSENT Sufficiently Zoned Land. for New Income Categories: The Household Income Categories Construction Need Very Low 378 units originate with the State Department of Low 188 units Housing and Community Moderate 626 units Development and ABAG, and. are Above Mod. 1,133 units essential to the certification of TOTAL 2,325 units Cupertino's Housing element. 45. Page 3-6, Program Update these numbers when Planning CONSENT I-I®usltt Units by Planning district Commission determines the number of housing units for special centers, and also Residential Potential Outside of Planning g Districts, Program 3 46. Policy 3-4, Page 3-10 Change this program to conform to current CONSENT Implementation Program 13 Density state law. Bonus Program 47. Program 15, Page 3-10 Change as shown below if other requests to Residential and Mixed Use - add back mixed-use are reinstated. Opportunities In or Near .. tithe City will evaluate the possibility of Employment Centers allowing residential development above existing_parkim areas except where mixed use is herein excluded. HOUSING CHANGE NEEDED NOTE .48. policy 3-6, Page 3-11 New Implementation Program for Policy APPROVED 6/15/05 Housing Densities 3-6: The Task Force draft eliminated See attached page. Implementation Program 17 related to Policy 3-6, Conversion of Commercial Lands to Residential. The Planning Commission approved new language related to conversion; the new language will be associated with the sane policy. PC VOTE 3-2 49. Policy 3-6, Page 3-11 The deleted Implementation Program is: APPROVED AND MODIFIED The Task Force deleted. an. Implementation Program 13: Residential p g 5o 0� 6 1 / / Program from the Development Exceeding Maximums p � Administrative Draft. Allow residential developments to exceed planned density maximums if they provide special needs housing and the increase in density will not overburden neighborhood streets or hurt neighborhood character. Time Frame: 2001-2006 Responsible Party: City of Cupertino, Planning Department HOUSING CHANGE NEEDED NOTE 50. policy 3m9, Page 314 Add a strata APPROVED AND MODIFIED Evaluate providingincentives, such as 6/15/05 Energy Conservation reduced permit costs, for homes that exceed,Tale 24 requirements. 51. Program 28, Page 3-14 Change as shown: APPROVED ANDODIFIED Fee Waivers or Reduction for Energy The City will evaluate and implement the 6/15/0 Conservation potential to provide incentives, such as waiving or reducing fees, for enemy conservation improvements to residential units existin or new). CIRCULATION CHANGE NEEDED NOTE 52. Policy 4-2, Page 4-6 TSM Programs Modify text as shown below: Strategy 20 TSM Programs. Encourage TSM programs for employees in both the New wording added 9/ 6/ 05 in response to a request for an ordinance amendment. public and private sectors by including preferred parking for carpools, providing bus passes, encouraging compressed workweeks and offering parking cashoutse Encourage Employee Cashout Pro arms b amending the -parkin fin' y �--�� ordinance to define the program elements. 53. Policy 4-3, Strategy 5, Page 4-7 Pedestrian Improvements To enhance walking, consider various improvements to roadwgys to make them APPROVED AND MODIFIED 6/15/05 AND 6/23/05 more pedestrian friendly and less auto - centric. Where a median is provided, it should be wide enough to safely accommodate pedestrians. Streets such as Homestead, Bollinger, Rainbow, Prospect or Stelling should be evaluated for potential improvements for pedestrians. Working with the neighborhood, consider reducing residential street widths to promote slower traffic and less pervious surface. CIRCULATION CHANGE NEEDED NOTE 54. New Policy (to follow Policy 4-3), Add a neer policy. CONSENT Page 4-8 Regional Trail Development Continue to plan and provide for a Recommended by the ]bicycle/ Ped comprehensive system of trails and Commission (is same as Policy 4-9 in consistent with regional pathways � the existing General flan) systems, including the Bay 'Vail, Stevens Creek Corridor and Ridge Frail. The General Alignment of the Bay Trail, as shown in the Association of Bay Area Governments Bay Tram planning document, is incorporated in the General Plan by reference. 55. Policy 4-5, Page 4-13 Modify strategy as shown below: CONSENT 6/23/0 Modify a strategy 3. Allocation of Non-residential This strategy needs to be modified Development. In order to maintain a because floor areas ratios were desired level of transportation system eliminated. capacity, the city's remaining non- residential development potential shall be pooled and reallocated according to the city's development priority tables as shown in the Land Use Element of this Plan. F� � ��*�;�-„+-��.�,�, dd ad a6A ad'V d ay , effiee -4b$ - �-'i AD _-44 -1- JC ✓ 1001:1 1' T -JI J CIRCULATION CHANGE NEEDED NOTE 56. Policy 4®5, gage 4-13 Add a new strategy: CONSENT A new strategy is needed to make the 6. Intersection Capacity Improvements. 1' �' � The Commission added another Capacity improvements at the two capacity Make ca improvements as needed �� i� strategyon 6/15/05 intersections where needed to maintain to maintain Level of Service policies. (I�ea boulevard and Homestead Load policy the Level of Service otic standard. and Stelling Load at McClellan Road.) 7. Enhanced Level of Service Strive to enhance the intersection Levels of Service where feasible. Planning Commission asked that 57. Page 4-12 Add to first paragraph: New text It is the intent of this Plan that most pedestrian policies deleted from streets should operate with no more than the Administrative Draft by the a tolerable level of congestion, LOS D. � Task Force be brought back Exceptions to this standard in the 4/15/05 Crossroads and at other locations to ensureedestrians are well served at P PC VOTE: 3-1 intersections are discussed below. 58. Policy 4-11, Strategy 1, Page 4-16 Change the requirement to 66%a CONSENT Requiring 60% approval by residents e is consistent with the This change on the streets affected by traffic Neighborhood Traffic Management calming measures is not consistent Program practices as implemented iiiTith existing pity practices. by the Public Works Dept. PC VOTE 4-1 59. Table 4-2, Page 4-18 Change as shown below: CONSENT A correction to the Level of Service is De Anza Boulevard at McClellan Road, The change is requested by needed. Existing 2000, Morning B, C+v Afternoon Cuperti no`s transportation G, C -Projected 2020, Morning B C, consultant. Afternoon I3 D+° Stevens Creek Boulevard at SIS 85 Southbound Ramps, Projected 2020, Morning B --C. CIRCULATION CHANGE NEEDED NOTE .60. Page 4-13 ][restore Adm. Draft Restore this policy and strategies: APPROVED 6/15/05 Policy 4-6 Traffic Service and Balance the needs of pedestrians with Recommended by the Bicycle/Ped Pedestrians Needs desired traffic service. Where necessary Commission and appropriate, allow a lowered LOS standard to better accommodate PC VOTE 4-1 pedestrians on major streets and at specific intersections. Strategy Traffic Signal Walk Times. This strategy is described in Policy 4-3° Added.time on walk signs would: be most appropriate near shopping districts, schools and senior citizen developments. 61. Policy 4-11, Mage 4-16 Traffic Change as shown below: CONSENT Install traffic calming measures where appropriate to reduce traffic impacts and enhance walkabih!3L. Adel Strategy 40 Use VTA Pedestrian Technical guidelines in street design, traffic calming and pedestrian crossings. Change as shown below: CONSENT - 62. Page 4-18 A change is needed to the description . ° ° However, assuming roadway capa� The change is requested by of "Future Year Traffic Conditions." improvements were provided at the Cupertin®°s transportation intersections of De Anza Boulevard at consultant. Homestead Toad and Stelli g Load at McClellan Load, the 2020 LOS for major intersections.... ENVIRONMENTAL RESOURCES CHANGE NEEDED NOTE 63, Policy 5-1, Page 5-2 Add a strategy to Policy 5-10 CONSENT An additional strategy is needed to Strategy 40 Conservation and (Efficient The Santa Clara Water District stress water use efficiency. Water Usage. Adopt and implement requested that the General Plan place programs that promote conservation more emphasis on water use and: efficient water usage. efficiency, 64. Policy 5-1, Page 5-2 Add a strategy to Policy 5-10 CONSENT A reference to the environmental Strategy 5: Community Gardens. A City Council member requested benefitsof community gardens is Encourage community gardens, that community gardens be requested° which provide a more livable mentioned in this. element° environment by controlling physical factors such as temperature, noise, and pollution. 65. Policy 5.3; Page 5-6 Strategy 1 Modify Policy 5-3 and Strategy 1 as MODIFIED 6/2$/05 Modify strategy . - shorn below: Green building Design Set standards for the design and construction-of energy and resource converving/efficient buildings (Green Building Design). - y y Strategy 1: Green building Program, Prepare and implement "Green Building"' standards for ally° private and public projects that ensure-reduction in energy consumption for new development thr site and buildim-r desi ne CHANGE NEEDED NOTE ENVIRONMENTAL RESOURCES 66. Policy 5-4, Page 5-8 Amend policy and add a strategy as APPROVED 6/28/05 Air Pollution Effects of New shown below: Development New Strategy Minimize the air quality impacts of new development projects and the impacts affecting new development. Strategy 4 Environmental Review. (Evaluate the relationship of sensitive receptors, such as convalescent ]hospitals and residential uses, to pollution sources through the environmental assessment of new develo menta 67. Policy 5-7, Strategy 2, Page 5-9 A strategy regarding prohibition of wood-burning fireplaces needs. to be clarified. Change as shown below: Prohibit the use of wood-burring fireplaces in neer construction, except for ]Environmental Protection Agency CONSENT This needs to be clarified to allow for CEPA certified woodstoveso - Certified Woodstovese ENVIRONMENTAL RES®URCES CHANGE NEEDED NOTE 68. Page 5-17 Change as shown below: CONSENT The paragraph under '"Ground Nater The Santa Clara Valley Groundwater, sub- The Santa Clara Valley dater District 0o Recharge Facilities needs to be basin provides approximately half of the p pp y requests this change. replaced° total water demands in Santa Clara County, with an estimated operating capacity of approximately 350,000 acre-feet.. The Santa Clara Valley Water District is the groundwater management agency in Santa Clara County. The District conjunctively manages the basins to maximize water supply, protect rotect the basins from contamination and ensure that groundwater supply is sustained. The District manages the groundwater resources, including groundwater recharge, through percolation ponds and in -stream recharge of the creeks. The McClellan Ponds recharge facility is located in Cupertino. 69. Page 5-18 Please see next page for changes. CONSENT A revised description of Urban The Santa Clara Valle Water District The Conservation is proposed. requests this change. 28 Changes to -Ur an Conservation: Climatic conditions of the region within which Cupertino is located reflect the climatic conditions typical of the rest of the State of California. These conditions are characterized by periods of hot and dry seasons and seasons of heavy rainfall during the wet winter. months. Weather conditions, however, cap wary from year to year. In recent times, the region experienced periods of multi- year droughts in 1976-1977 and again in 1987-1992. Oven the cyclical nature of the climatic conditions, it may be assumed that the region may again experience periods of drought in the futures Water conservation is of great economic, social and environmental importance. During these past periods of drought, the two retailers serving the City imposed water restrictions on their customers in response to the Santa Clara Talley Water District's calls for water use reduction. The reduction targets were periodically adjusted during the drought based upon water reserves, water usage and projected water supplies from both local and imported sources. Through the water management programs of both the District and the retailers, groundwater levels remained healthy and land subsidence was avoided. The District is currently updating its Integrated Water Resource Ilan (1WRP), the purpose of which is to develop a flexible and incremental water supply plan for Santa Clara County through the year 2040. According to the District, flexibility is a key aspect of the IWRP 2002, which calls for periodic reassessments to respond to ever-changing grater demand and water supply conditions. The District strives to meet the needs of its water retailers, but unpredictable eventualities necessitate continual monitoring and revisions to the District's water management activities. In the 2001 session, the State Legislature and Governor enacted Senate Bills 221 and 610, which requires Jurisdictions to secure a water supply assessment from suppliers of water systems, for projects- subject to the California ]Environmental Quality Act, The water supply assessment must be incorporated into the environmental documents and considered when determining if projected grater supplies are sufficient to satisfy the demands of the project, in addition to the existing and planned future demands. ENVIRONMENTAL RESOURCES CHANGE NEEDED NOTE 70. Page 5-18 Change as shown below: - CONSENT A reference is needed to the Santa Other Water Resources. The Santa Clara valley Nater District Clara.: Valley Water District. Cupertino has two major water requests this chane. suppliers: the California Water Company and the San Jose Water Company. Both of these retailers purchase their water supply from the Santa Clara Valley Water District. CONSENT 71. policy 5-21, Page 5-17 Change as shown below: The policy related to Pollution and Prior to making land use decisions, The Santa Clara Valley Water District Flow Impacts needs to be revised.. estimate increases in pollutant loads requests this change.. and flows resulting from projected future development to avoid surface and uoundwater guality im acts. CONSENT 72. Policy 5-29, Page 5-19 Change as shown below: This policy needs to be revised. Coordination of Local Conservation Policies with Region -wide Conservation The Santa Clara Valley Water District requests this change. Policies: - Coordinate city-gide water conservation efforts with the Santa Clara valley Wates District efforts being conducted on a regional scale. n '0'V 119'TlT �I /l'M 'N'llr��e ` -�fT L"& 4.�'�-1 �. �"'.�I II I.�� i.. .n . � i.. V.t. t.1d 1L� -A Many of �1 these.... ENVIRONMENTAL RESOURCES CHANGE NEEDED' NOTE 73. Policy 5®31, Page 5-20 Change as shown below: CONSENT This policy needs to be revised. Water Use Efficiency: Promote efficient use of water throughout the City TATp4!T'1WTrIp. '.-e V V:a dT e The Santa Clara Valley Water District requests this change. - VV GEIL: WI 4- �B-6. �f"i'lrY'"^6-1L-1C1iYlQ _ _ _ _ _ ✓ e Strategy 1: Landscaping Plans. Require water-efficient landscaping plans that incorporate the -usageof recycled water for landscape irri,gration as part of the development review process. Strategy 20 Water Conservation Programs. Work with the Santa Clara Valley Nater District to undertake proaams that promote grater use efficiency for residential and n commercial customers. Maintain ro ams o o e , 74e Page 5-34 Change as shown below:L CONSENT A reference to the Stevens Creek ]flooding resulting from dam failure is The Santa Clara Valley Water District Reservoir is needed° yet another hydrological hazard. The requests this changes largest body of water within the area is the Stevens Creek reservoir. Stevens Creek Dam meets current darn safety standards and the probabili yof its failure is minimal; Causes for dam failure are numerous. They include inadequate design, construction deficiencies and sometimes poor underlying foundation conditions. I HEALTH AND SAFETY . 75. Policy 6-1., Strategy 2Change as shown, below: CONSENT Geotechnical and Structural Analysis Require all developers to provide Change is requested by Department of geotechnical analyses Conservation, California Geological requirements of the California Seismic Survey Seismic Hazard lapping Hazards Mapping .Act and the Program California ]Environmental Quality Act. 76. Policy 6-11, Page 6-15 Residential Change Policy as shown below: CONSENT Fire Sprinklers Ordinance Consider adoptinga residential fire Recommended by the Public Safety sprinkler ordinance. This will reduce Commission (slightly revised by staff). bet -h fire flow requirements 77. Policy 6-64 and Policy 6-45, Page Starting with the sentences in both CONSENT 6-44 policies that begin: with "Specifically, This information is too detailed for a The technical description of interior require....,". strike the remaining text. General Plane and exterior noise requirements needs to be deleted. 78. TECHNICAL APPENDIX B Modify as shown below. APPROVED 6/2840 Page B®66 Modify text. Strengthen the energy performance of existing housing. The City will eensidef PC VOTE 3-2 -a� ` . encourage a residential energy conservation ordinance requiring residential units to meet minimum energy efficiency requirements at the time of .11e � m *or renovation. CITY COUNCIL DECISION MATRIX October 49 2005 DEVELOPMENT ALLOCATI®N Residential units in three areas Hotel Rooms EXH,,-DiT B ®R COMPANIES New strategy to retain a square footage pool for major companies; new office development must provide fiscal benefit BUILDING HEIGHTS Vallco Park South, 45 " or 609 if mixed use, or 609 with no restrictions ECONOMIC DEVELOPMENT New office development >509000 square feet only if certain fiscal benefits provided Prohibit non -retail uses from exceeding 25% in shopping center ONE -PERCENT P®R ART Adopt a 1% for Art Ordinance. Apply to projects >509000 square feet UNI®N PACIFIC RAILROAD Provide continuous trail through corridor in new use REGNART CREEK AND WEST FOOTHILLS TRAILS Comprehensive trail plan for Regnart Creek and west foothills is advantageous TRAIL LINKAGES PC_Q ... locate creek trails ®n the opposite side of creek... Bike and Ped: delete above, add "work with affected neighborhoods in locating trails W HILLSIDE DESIGNATION — LAND USE MAP Revert Lindy Lane area properties t® Residential Low 1-5 du/acre (aeon -hillside) TRAFFIC SYSTEM MANAGEMENT PROGRAMS Employee Cashout Programs � .mend ordinance to define program elements Q TRAFFIC SERVICE AND PEDESTRIAN NEEDS Restore policy to balance Haus of pedestrians with desired traffic service SUSTAINABILITY Set standards for Green Building Design 2 CITY OF CUPERTINO 10300 TORRE AVENUE, CUPERTINO, CALIFORNIA 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT Subject: Report of the Community Development Director -44VOW Planning Commission Agenda Date: Tuesdgy, October 11, 2005 The City Council met on TuesdaV, October 4, 2®®5, and discussed the following items of interest to the Planning Commission: (see attached report) 1. General Plan Update-. The City Council continued discussion to the October 18, 2005 regular City Council meeting and conducted a straw vote to: ® Remove Regnart Creek from the Draft General Plan. * Add new language to the Draft General Plan regarding the Union Pacific Trail. * Use the wording provided by the Bicycle Pedestrian Commission regarding the location of the trails. ® Not add, the wording to prohibit non -retail uses from exceeding 25 % of a shopping center. ® Balance the needs of the pedestrians with desired traffic services. * Stay with the current General Plan regarding Public Art. ® Set standards for Green Building design. Not include the language regarding the cashout program. Keep the R-1 designation for the Lindy Lane area. .Miscellaneous-. Alex Stanford, our Planning Intern, has been hired by Stanford University to assist with the design and review of the sports facilities. While interning with the Cupertino, Alex has worked on residential design reviews and has helped customers and applicants at. the Planning counter. Enclosures: General Plan Staff Report and Newspaper Article G: \Planning\ SteveP Wirector's Report\ 2005 \pdl 0-11-05. doe Ly CV PI?PS'R, f7�, BI,4'1?G E -NTE PRLSES, INC. l000 Imadl,IDrhle (."espy d!no,I CA 9501.4-2188 (40$) 7725-07610 - fiax (408) 725-1626 110/1.9/05 M.ay or.f`atriek Kwok Vice Makyor Richard I.Jolsventhal r1owenthad r&eu erfino.org CO Pin -CH '�4em ber Sandra I, Jafmes stames@,euperfino.org Onincil Member Dolly Sandova� sandovak cuperfino,wrg Wang kwan9(40cUPertin0.0r9 City of cupertk'110 10300'rorre Avenue C11"Per, fi�.J.O, Cr A 95014 Pla. 408-777-32231 Fax408-777-333_1 page I of I lZecere'nee.. Cuperthno General Plan Update Subject: Bubb'Rond Height Limit and FAR -,--Id Council Members, Maym ax. we have aj issue with the 130' height limit that has be stated Rin the draft general Plan for Bubb ROad. "We apologize for bringing this to your fat tentionSM late in. the Process however',vim had just learned of the General 111a1pdate only our Prior to 1:8 your council mecting of Octobey Berg an d Berg own s three p r0perfies 1,0 300, 10444) and 10460 , Bubb Road in ('_`uperfint� and nuwneraus other properfles in the South Bay area. used of our i. sited Babb R ex..I.wrlence thae.height fitnit; which preAously had not been Ii ited on' oadq should. I)e set at not less than 60 feet which would allow devdol?nient of two to three ruildings, As was stated by one, of the Council inembers, many' of the industRies t ffiat -ies and are once dominated the;area h4ave been. relocated. to foreign countp unlikely to return. Nlany of ther rcorganizsed and new companies Wi.1.1 be design and software development fIrms wit.h. fabless or limited prototype and manu.,facturing arily fflee in nature. If the Jjeigh.t it is set at 30 feet you will be, limifing the area to eathoer slnglestoq -a- e. Iftflearchitectural s�yle or fu. etiOn fity. As buildfing's, or tive stoty buildirlIgs 'ha' h V I o "Iti-story buildings we no that to allowfor m&haniealequipment, screening and desIgn clenuent's the mllihwum height sholuld be set at not less than 40 Ll� reet fo stont 3 s sories t. Th.e hot topics "BuIldi.n.g HeIghts", table Beet two and 56 !et for accuratelly set Ihnits of 45 to 60 -feet -for two to three story buildings and. we agree with t ac -The iforyner Ernst and. Young'building is iflustrative of architectural height As the Bub#-.) road development aixea ages,tears will be wifibe no Hicentive -for -t eir properfies as the height 11111itat'lion Will rede,,elop or halprove h uilddinqn, naers to -orybuildings limit oeono-,ralic retu�rji, u. wiii mot be economic. to reb UAW as sin& st or as two story buildings with limited functionality and restricted architectural design that have limited appeal for new industrial tenants. Building owners will defer capital improvement Mid building redevelopment pending a clear development trend in the area resulting in potentially a blighted area that will be with you for a very long time. The Bubb road area is in transition as witnessed by the high vacancy rates and housing projects that are being considered now, this makes setting a higher building LI)i height Iiinit of 60 feet .all the more important. 11-4 On the issue of FAR we acknowledge that the Planning Commission recommendations eliminated the FAR ratio in favor of the statement that "Development intensity, shall be determined in conjunction with specific development review". For the record two and three story development will require FARs to 50% We appreciate your consideration of our request for the above changes which we feel will be ill tile hest interest of the property owners and the City of Cupertino. Yours ti -111V U, ate,.- r Carl E. Berg Ce 0. Ciddy Wordell City of Cupertino 1-0300 Torre Avenue Cupertino, C.A 915014 Ph 408-777-3308 3236 Fax 408-777-3333 evnti.i.iaw(ii"!.cul)ertino.or-r), IMAUersa Witt �o Steve Piasecki ��to RE: Planning Commission Public Hearing - Comments from Rudy Salci -----Original Message ----- From: Rudy Salci [mailto:rudytoot@comcastonet] Sent: Wednesday, October 19, 2005 8:05 PM To: City of Cupertino Planning Dept, Subject: Planning Commission Public Hearing - Comments from Rudy Salci Please note that I will be unable t.o attend your meeting on Nov 1, 2005 at 6:45 PM at the Cupertino Community Halle As a 30 year resident of Cupertino I completely disagree with the City's plans to continue building "Pigeon Coops" like the ones at the Cali Center, We DO NOT need any more high density dwellings and the City must refrain from leaning backwards to help developers whose only goal is to make money and then get out of Cupertino. We cannot afford to dilute the school system with large numbers of new students -remember that Cupertino is renowned for their schools. The Cupertino Courier keeps printing articles about burglaries and meth crimes, something that did not exist before the City's frenzy to allow high density dwellings in this small town. My vote is a resounding NO to allow Sobrato to build another monstrosity. I,udy Salci Cupertino, CA- 95014 1 XN° 9G 11\/�d'I �lI From: Deborah Jamison [ddjamison@comcast.net] sato Thursday, February 24, 2005 12:47 PM 00 Ciddy Wordell Subl ecto Re: General Plan change >Hi.Deborah: The Planning Commission asked me to contact you to.ask you >the specific wording that you wanted to change, related to rural vs. >urban. Would you please point me to the text you.°re talking about? >Thanks. Ciddy Wordell See email below: Subject: Trails: my recommendations for GP Sent: 2/22/05 9:37 PM To: Gilbert Wong, gwong212@aol.com Lisa Giefer, lgiefer@sbcglobalonet Mary Miller, mmiller@interorealestateocom planning@cupertin000rg In response to the Planning Commissioners' request this evening that Ciddy Wordell get in touch with me concerning my recommendations for changes in the Draft General Plan: I made three main recommendations for the Parks and Trails portion of the draft General Plan: 1. re: Connection of Stevens Creek Trial from Rancho San Antonio Park to Stevens Creek County Park° ie so-called Stevens Creek Trail (which at this point is not close to evens Creek) will emerge out of Rancho San Antonio at Stevens Creek Blvd. near the Hammond -Snyder House The object at this point is to connect it to Stevens Creek County Park to get back to Stevens Creek, and to provide an enjoyable trail experience in an open space environment The City's current plan is to'make that connection by aligning the trail along ;Stevens Creek Blvd. for 1.3 miles, to Blackberry Farm. I do not think.this will ever be used by a significant number of people as a true' trail connection. Hiking along Stevens Creek Blvd is not a great trail experience. I think trail users will either begin or end their trail usage at the Hammond -Snyder House, or begin or end their trail usage at Blackberry Farm. Few will use the street connection between them. In fact, as a taxpayer, I don't think city funds, resources, and staff time should be spend on developing this "trail." That's not to say that the. existing sidewalk and bike lane shouldn't be made as safe and usable as possible, but that's true of all city sidewalks and`bike lanes. But the Stevens Creek Trail Feasibility Task Force Study outlines more changes to establish this route as an official "trail." The.County Trail Master Plan, and the City of Cupertino General Plan, shows a future trail alignment from the vicinity of the Hammond -Snyder House, and then south over the foothills, to the County Park. This connection almost exists already; I have been on some of the trails that now exist on this privately owned land. I don'°t know whether the land is owned by Hanson -Permanente, or Stevens Creek Quarry, or both. am recommending that this trail connection be, designated as a higher �iority, a proposed trail linkage. It may be;possible..to obtain a trail easement with the land under current usage and make this trail connection sooner, rather than wait for it to be proposed for development. Are there 1 challenges to making this trail a reality? Yes, but there are challenges to making the trail connection to the County Park through the Old Haul Rd. and the old quarry too. 2e Pg. 2-510 "Since the late 1950s, many jurisdictions have advocated a >rmal urban trail following Stevens Creek, extending from the San. •ancisco Bay to the Pacific Ocean....... The City's master plan for this 60 acre corrdior will connect these properties into an urban trail/linear park," The many jurisdictions have advocated for a trail, which would be urban and formal in some sections (e.g. Mountain View) and be rural and natural in others (Stevens Creek County Park and beyond). The one thing that everyone who has been involved with this trail in.Cupertino seems to agree on is that it should not be hard -paved with a center line, and should have"a more natural, rural appearance and meandering course as it traverses our 60 acre parklands, particularly within McClellan Ranch Nature and Rural Preserve. I recommend that the wording to describe the trail within Cupertino in this paragraph be changed to reflect this sentiment. Rather than "formal and urban" might I suggest "maintained rural"? As for the trail in general, which will change characteristics from one area to another, please change to "advocated for a maintained trail.." 3e My third point has to do with the fact that we citizens were promised by the developers of the Diocese properties and by the City that we would have access to park land dedicated to the City and to the County via developed trails prior to any houses being built on the Seminary property. It has been about 10 years, and many houses have been built, and as far as I know, no public land has accessibility yet. If progress has been made at long last, perhaps the city could keep the citizens informed of when and exactly where the trail access areas are being Dlanned> _ease contact me for any clarifications. Thanks, Deborah Jamison 2 CITY OF CUPER INO 10300 Torre Avenue, Cupertino, California 95014 (408) 777©3308 DEPARTMENT OF COMMUNITY DEVELOPMENT Application No.: GPA -2004-01, ]EA -2004-17 Agenda Date: April 26, 2®®5 Applicant: City of Cupertino Location /APN:City-wide Application Summary: General ]flan amendment to revise the General Plan Recommendation: Staff recommends that the Planning Commission: 1. Continue the discussion on the Land Use ]Element Hot Topics 20 Discuss the remaining General ]flan meeting schedule 30 Continue this agenda item to the next General Ilan meeting, once determined Background: The City Council authorized the Task Force Draft General ]flan as the public hearing draft for the General Plan review. The Task Force Draft and other supporting documents were provided to the Planning Commission in September 20040 The City Council requested that the planning Commission focus on the. Hot Topics., as discussed in the Hot Topics Summary Matrix and Background Report. Discussion: The purpose of tonight`s meeting is to continue the discussion on the Land Use Element Hot Topics.. Conua.nssioner Gnefer" s preliminary direction on Decision Matrix is needed is some categories. The Commission also granted to talk about a strategy for making land use decisions. Some of the basic tenets of the strategy discussed by the Planning Commission are: Promote commercial retail growth, and allow residential mixed use if the residential component provides an incentive for retail development Allow conversion of office/ industrial uses to residential if certain criteria are meet, such as: the new residential use provides or is part of a cohesive neighborhood pattern; office/ industrial areas are not fragmented by the conversion; evidence is provided that the office/ industrial uses are functionally obsolete; conversion is subject to evaluation of school, traffic and other impacts. General Plan Review Page 2 Next Steps. The Planning Commission approved the following schedule for the remaining meetings: MAY 10 Draft Environmental Impact Report MAY 24 Preliminary Recommendations JUNE 14 Remaining Issues JUNE 28 Recommend Approval of Draft General Plan and Draft Environmental Impact Report to City Council Due to three large Planning Commission agenda items scheduled for May 10, there is not adequate time to hear the Draft Environmental Impact Report (DEIR) on that date. Also, the Taylor Woodrow application on Bubb Road (conversion. of industrial/ office to residential) is scheduled for May 24, which could last several hours. Staff recommends that the DEIR and Preliminary Recommendations be scheduled for separate meeting dates,, not at regular Planning Commission meetings. Potential dates are: Monday, May 16 - DEIR Wednesday, May 18 - DEIR Wednesday, June 1 - Preliminary Recommendations Thursday, June 9 - Preliminary Recommendations Saturday, June 11 - Preliminary Recommendations The Community Hall, at the time the staff report was written, is available on these dates. Once the Commission approves a revised schedule, it will be forwarded to the City Council for their review. Enclosures: Cupertino Planning Commission Task Force Draft Decision Matrix Prepared by: Liddy Wordell, City Planner Approved by: Steve Piasecki, Director of Community Developme� G:p1anning/pdreport/GPA-2004-01 4-26-05 WT T TOPIC Dc L71 9i lq Orad COMMENTS LU -1-0 GW LG M AC T Heights are maximum um (S nd will ill be MAXIMUM BUILDINGconsidered along with good Assign, setbacks HEIGHT (gam. feet) and possible mixed use. Greater heights and densities will be considered .for special needs housing [does this mean tortt ard the maximum or higher than the maxiinum ?] (e.g., affordable ®r for seniors) [Include these statements in the draft General Plan.] SPECIAL CENTERS Monta Vista 30 30 30-35 V® 35 Commission majority agrees ®n 30o Staff: 30 for two-story, 35 for third -story elements like dormers V allco Park S. 60* 60 60 35-45* 45-60* Commission majority agrees on 60o Staff: 45 except 60 dor future Vannc® hotel (this would be a post -Development Agreement height, since the Valle® Development Agreement locks in the previous General Plan until 2006) Heart rtt ®f City 45 45 45 30-45 45 Commission agrees on 45 Homestead 60 45 45 45* 45 Commission majority agrees on 45 City Center 45 45+ 45 1 45* 45 1 Commission agrees on 45 HOTTOPIC All DIRECTION COMMENTS "if mixed use "officelindustrial only GW LG. MM AC TS N. De Anza 45 45. 45 45* 45 Commission majority agrees on 45 (with 2 60Apple 60Apple supporting' 60 for Apple) campus Staff: 45 Vallco Park. N. 60** 45 60 45* 60* Commission majority agrees on 60, with one if mixed use and one if office/ industrial. Staff: 45 "if mixed use "officelindustrial only HOTTOPIC DIRECTION COMMENTS EU -2 RESIDENTIAL I DENSITY AND, NON= City-wide allocations ®f UNITS RESIDENTIAL Commercial, DIVERSITY E LAND ALLOCATION Office/Industrial, motel USE GW LG MM AC TS Rooms and Res. units SPECIAL CENTERS GW: Sane as Task For. Commissioner Giefer deferred her LG: preliminary nary rec® .end ations, but MM: Same as Task For. stated that she possibly supports AC: Same as Task For. the Administrative Draft, and is TS: Samna as Task For. possibly interested in a city-wide allocation. Mon to Vista 6/ac. 12/ace 12/ac. 12/ace 71 uuno 142 un. 142 uuno 142 un. Vannc® Park So 35/aco 35- 291 35/ac. 700 un. 50/aco units* 700 un. 1000 un Heart ®f Cir 25/ac. 25/ace 25/ace 35/ace 443 un. 443 un. 443 un. 620 un. Homestead 50/aco 50/aco 35/ac. 35/ac. 705 un. 705 un. 493 un. 493 un. City Center 35/ ac. 35/ ac. 35/ac. 35/ac. 494 un. 494 un. 494 un. 494 un. No De Anza ® ® 25/ac. 35/ace 215 un. 300 un. Vannc® Park N. ® 35- ® 20/ac. 50/aca 174 un. 3®3-435 Bubb Road ® 12/ac. 12/ac. 20/aca** 49 un. 49 un. 81 un. Hot Topic GW LG MM AC TS COMMENTS Undesigqiated TOTAL 2F413 3J36- 2®127 3eOO4 The current housing 3,268 element adopted in October r 2001 provides sitter for 2,325 units (ABAG numbers for the 2001-2006 time period). The Task Force draft provides for sites for 2,337 unity until 2020). *Existing units, no additional units **If affordable * * * noes not include undesignated J LU -3a d 1l low FAR is proposed t® C® COMMERCIAL FLOOR encourage mixeduse. It AREA RATIOneeds to be changed for commercial, office and industrial of mixed use is not GW For a mixed use project, commercial FAIL should be high, such as 1:1. Heart ®f the City: commercial should be in the center. Emphasize retail. LG MM Provide incentives tines t® encourage commercial. Allow some residential of it promotes a minimums. amount ®f new commercial square footage. 'Floor area ratio is t®® low. Provide flexibility with a range. Allow conversion ®f underutilized properties near employment centers to residential, to provide enlevel housing. AC Supports ahigher commercial floor area ratio for mixed use. T5 Push commercial. D OT TOPIC DIRECTION COMMENTS SETBACKS Added by the Commission as a Hot Topic. Task Force Draft. ® 35° setback (Heart ®f the City Specific Plan) ® IoI setback ratio except Valle® e 1.5-1 SCB, Homestead, Tantau Crossroads ®Not specified in draft GP. Draft Crossroads Plan calf for 20° LU -4o Draft calls for a tem. -gear ECONOMIC revenue forecast. DEVELOPMENT PLAN GW Big loxes Haul to be compatible with area. Supports small boxes, t®®a Collaborate with property owners t® secure book ®r electronics shores. 10 -year economic c an. Sett goal to double sales taxa L MM Big boxes need t® be compatible with area. 5 -year Commission majority agrees economic plan. on a 5 -year plan. AC Big boxes need t® be compatible with area. 5 -gear economic plan. TS Big boxes need t® be compatible with area. 5 -year economic plan. M .SOT TOPIC DIRECTION COMMENTS Ordinance would require ONE -PERCENT F R ART public and private ORDINANCE development t® set aside 1 % of total project budget for on� site art. Supports ordinance, does not support nom.-nnenA fee. Apply t® projects with 50,000 square feet, look at even smaller projects. L MM Art has tto be prioritized appropriately; other uses, such as affordable housing, might have a higher priority. Consider developing an ordinance, in the context ®f other needs the City Inas for fees. AC Apply t® projects 50,000 sq. ft. ®r more with flexibility in art selection and of the building is not seen by the public. D® not allow an nn -lieu fee of the building is seen by the public. TS Encourage an ordinance with an evaluation t® determine of it discourages developers to build. HOT TOPIC DIRECTION COMMENTS SPECIFIC PROPERTIES GW LG MM AC TS (LAND USE P) Hillside properties No rezoning. Hillside Hillside designation, concernedLimit N® redesignation. Hillside study �® sub -Geo No redesignation. studyimportance. Safety is ®f primary ®Ilssi®ICS study, about safety construction divide needed, majority supports no then OK t® subdivide. and prefer- entail zoning. to safety and views ®f hillsides. houses must blend. redesignation and supports subdivision of geological conditions are favorable. OTHER LAND USE TOPICS DIRECTION COMMENTS OPEN SPACE, PARKS AND No hot topics. TRAILS Issues raised by Deborah Jamison: 1. Conneetn®n t® Stevens Creek Trial from Rancho San Antonio Park 2e Page 2®5� "'formal urban tn trail" 30 Diocese trains (see attached email) Street connection is already approved as a pant ®f the train. Part ®f the trail alignment from the vicinity of the Hammond -Snyder House can be classified as. existing/ proposed, pant should remain future (see attached exhibit). 20 The character of the trail has already been determined by the City Council. 30 Part ®f the trail will be ®pen this summer; const°unet®n sages ®f the remainder der have not been determined. (This information was reported in the 2/14/05 staff report.) ® Regnant Creek Train This trail is listed as a 2005-2006 City Council Goal. The City Council also authorized the ' Bicycle and Pedestrian Commission to evaluate and seek funding for the feasibility ity ®f a trail between Blaney and Pacifica. GW Wants t® continue t® talk about trails Commission is con cern edl about abutting urban bann areas. Let neighbors ]know safety/ security issues. of Bicycle/Ped commission meetings on Reg nart Trail. Neighborhood Inas t® buy in. Supports a new strategy see below). LG Add a strategy on trails that cauls f®m evaluating the impacts t® neighbors, including safety. MM Concerned about loss ®f property values dine $® urban trains. Understands issue ®f security, , also concerned about safety, e.g., ®�"�E LAND USE TOPICS DIRECTION COMMENTS bicyclists adjacent t® a ditch and impacts on flood control from debris. G Supports stronger safety measures for trails. TS Wants what's good for the whole community; make trail safe for the community. Find Out if there have been any problems for neighbors adjacent 1t® the railroads tracks, which are used by pedestrians. n2 HOT TOPIC DIRECTION COMMENTS Calx A policy related t® traffic ]Levu. ®f CIRCULATION Service in the Administrative Draft was deleted in the Task Free Draft, and the Bicycle and Pedestrian Commission recommends that it be included. The deleted. 1pincy(Polncy 4- 6 nen Adm. Draft) is: Balance the needs ®f pedestrians with desired traffic service. Where necessary and appropriate, all®w a lowered LOS standard t® better accommodate pedestrians on major streets and at specific intersections. Other Commission recommendations: Retain Pedestrian grid: Policy 4-3(2) ]Emphasize Pedestrian Aspects of Road Design 4-11 Add Policy for Regional Trails see exhibit) GW Supports public transit, light rail, commuter bus, e Policy 4-4o Commission majority Walkabillty and Policy 4-6 are important., but wants to be sure Policy 4-3(2): keep Task ]Force that businesses are accessible. draft. Policy 4-3(2): keep Task ]Force draft.. Policy 4-6: no majority Policy 4-6o keep Task Force draft (continue to delete this policy) Polley 4-11: Change as shown. Policy 4-11 e Discourage traffic from using local neighborhood Add Strategy 4 as shown. streets and encourage walking. a e " Change as shown. Add policy on regional trails. Add Strategy 4: Use VTA Pedestrian Technical guidelines In street design, traffic calming and pedestrian crossings. Staff will bring back additional Add policy ®n regional trails. strategies t® address school traffic, What else can we do t® address school traffic? e.g., the "walking bus" program and street improvements. Il3 HOT TOPIC DIRECTION COMMENTS ISG Policy 4-3(2)0 Retain origin -nal wording. Policy 4-6a Put back in, including strategy 1. Policy 4-11: Change as shown above. Add. Strategy 4e 'As shown above. Aid policy on regional -rails. Wants it® see language. eo MM Strive for wal kabilitye Building housing close to employment mitigates traffic. Task ]Force draft weakened protection ®f residential streets; needs to be restored. Policy 4m3(2)a ]keep Task ]Force draft. Policy 4-6e Put luck in, including strategy 1. Policy 4-110 Change as shown above. Add back sltrilk- throughsa It is essential that through traffic on local streets should be discouuraged o 0 0 0 Add Strategy 4e As shown above. Add policy on regional trails. Supports mural trails, reevaluate urban trails. Improve the bus system.. D® more research on how t® get people t® walk t® school. C Support 's wal kabilntye Restore Policy 4-60 Intersections that are not in the LOS study provide a process t® review problem areas. TS Policy 4-3(2)0 ]keep Task ]Force draft, Policy 4�6: ]keep Task ]Force draft. Policy 4-110 Change as shown above. Add. Strategy 4: As shown above. A.policy on regional trails. HOT TOPIC DIRECTION COMMENTS ERM A new policy states SUSTAINABILITYAppoint a Task Force ®r Commissi®n to devel®p an appropriate comprehensive annual Sustainability and Resource Plan for the Cryo Appointing a new Task ]Force or Commission and supporting their work would require staff time not currently available, and perhaps not available for the near future. GW Supports sustainability. Supports Sustainability Task Force, Commission supports a with all stakeholders. Start with government projects, at the Sustainability Task ]Force. next opportunity. Add this as a new strategy. LG is an advocate f®r sustainability. Look int® recycling batteries. MM Supports a Task Force, depending ®n funding. Do small steps anyway that don`t cost that much, such as providing information. ormrnati®no A TS Supports Sustainability Task Force, get developers involved. �5 HOTTOPIC OPIC DI ECTIO T COMMENTS HEALTH D SAFETY No hot topics. G LG Stnpp®rts public Safety Commission's recommendation t® delete the following g text from Policy 6-11: Consider adopting a residential fire sprinkler ordinance. This will reduce both Fire flows MM Supports Public Safety Commission's recommendation. AC TS Fine sprinklers alone do not reduce the occurrence ®f fires. Discouraging wood shake ke roofs and replacing smoke detector batteries also help. G:plaming/gennplan/public hearing draft/discussion outline matrix 2-14-05 NAVIN aw-O'd . . . . . . . . . . . #11 1 103®® Torre Avenue, Cupertino, California 95014 (408) 777-3308 DEPARTMENT ®E COMMUNITY DEVELOPMENT Application No.: GPA -2004-01, EA -2004-17 Agenda Date.- March 8, 2®®5 Applicant: City of Cupertino Location/APN:City-wide Application Summary: General Plan amendment to revise the General Plan Recommendation: Staff recommends that the Planning Commission: 1. Discuss the Circulation and Health and Safety Elements 2. Continue this agenda item to March 22, 2005 Background-. The City Council authorized the Task Force Draft General Plan as the public hearing draft for the General Plan review. The Task Force .Draft and other supporting documents were provided to the Planning Commission in September 2004. The City Council requested that the Planning Commission focus on the Hot Topics, as discussed in the Hot Topics Summary Matrix and Background Report. To date, the Planning Commission has discussed the Land Use, Housing, and Environmental Resources elements. The Circulation and Health and Safety Elements are the subjects for this meeting. Discussion( - The consultant for the Circulation Element will review key information at this meeting. Representatives from the Bicycle and Pedestrian Commission will be in attendance. Several people will attend to discuss the Public Safety Element, including Cupertin®s consulting geologist, and staff from the Public Works, Sheriffs and Fire Departments. Representatives from the Public Safety Commission will be present. Next Steps: The Planning Commission approved the following schedule for remaining meetings: ® March 14 Study Session (extra meeting) CANCEL ® March 22 Circulation/ Environmental Resources, Health and Safety Study Session and Draft Environmental Impact Report General Plan Review Page 2 ® April 12 Preliminary amendments to Task Force Draft and Draft Environmental Impact Report ® April 26 Recommend Approval of Draft General Plan and Draft Environmental Impact Report to City Council The Planning Commission Chair, Gilbert Wong., requests that a revised calendar be considered to provide adequate time to conclude the discussions of the General Plan elements and to review the Draft Environmental Impact Report. The proposed revision is: ® March 14 Study Session (extra meeting) CANCEL ® March 22 Circulation/ Enviro* nmental Resources, Health and Safety Study Session and Land Use Wrap -Up ® April 12 Draft Environmental Impact Report ® April 26 Preliminary amendments to the Task Force Draft (and Draft EIR) May 10 or 24 (depending on number of changes) Recommend Approval of Draft General Plan and Draft Environmental Impact Report to City Council Enclosures: Task Force Draft General Plan, Hot Topics, Corrections Document, Minority Report (provided previously, please bring to meeting) Exhibit A: Circulation and Health and Safety Elements., strike -through versions Prepared by: Ciddy Wordell, City Planner . Approved by: Steve Piasecki, Director of Community Developme3��4. G:p1anning/pdreport/GPA-2004-01 2-14-05 EXHIBIT A Section Cir c u la tio n The Circulation Element supports the Plan`s guiding principles of building community, mobility, and providing connectivity between neighborhoods. The intent of this element is to balance the needs of pedestrians and bicyclists with the requirements of drivers. The emphasis of this Plan on non --automotive transportation is a change from previous General Plans. In the past, the City set standards for performance of the highway system with less concern for pedestrians and bicycles. The policies of this Plan may, in some cases, lead to a reduced service level for auto traffic in order, to accommodate pedestrians and bicyclists. 4-1 The transportation system for Cupertino integrates walkways, bicycle routes, transit service, local streets and freeways into a single system that supports Cupertino lifestyles. At the local level this includesrovidin p g Ev6uonim"all il�r�r�lllll facilities that connect neighborhoods with pedestrian, bicycle and automobile routes. Longer distance sr,imelliUiilt connections are also needed to provide the links to major., arterial routes and the regional freeway system. The Circulation Element briefly describes the ing existing transportation system and local travel characteristics. Non -motorized transportation modes are studied and described in terms of alternatives to the automobile° Projections of future traffic volumes based on the build out of the land uses described in: the Land Use Element are studied to ensure that traffic congestion will not increase significantly. Policies and implementation programs in this chapter provide a.. guide for decisions regarding. the circulation system improvements needed to accommodate Cupertino's anticipated: growth. In addition, thischapter takes into account the traffic impact of anticipated regional development and, the roadway improvements adopted by regional agencies such as the Santa Clara Valley Transportation Agency ( TTA) and Metropolitan Transportation Commission (MTC). The Circulation Element is based on several underlying themes and findings summarized below: ® Single -passenger automobiles have_ strained the inter -city transportation systema.. The State Route (SR) 85 and Interstate Route 280 (1-280) freeways are at, or near to capacity during commute hours. This situation will only worsen unless more people use transportation alternatives, such as bus and01, rail transit, bicycling, ridesharang, walking and telecommuting. It is essential 1CITY OF CUPERTINO DRAFT GENERAL PLANnE� �' 4-2 CIRCULATION when approving new development to ensure that future growth does not. overwhelm the transportation system. Land use and transportation are. inextricably connected. Future develop- ment and circulation must be coordinated so that they will be in balance. The land use and transportation policies in this Plan reflect this relationship. The need to provide efficient roadways for automobiles will be balanced with the need to provide pedestrian and bicycle friendly roadways and streetscapes. Transportation facilities should be accessible to all sectors of the community including seniors, children, the disabled, persons with low-income, and persons who depend on public transportation. City streets should be available to all to drive, park, bicycle and walk, where safe and in accord with traffic regulations. The provision of efficient routes for transit service, emergency and other service vehicles continues to be a high priority for the City. �f 44,i�i rr :9 traffie -ente leeal si=reets sheuld be itfdn�naize_� %`b The i -R., E)FhE)e The design of the transportation system should incorporate aesthetic values that complement the surrounding land uses. Future improvements to the circulation system must be consistent with and support the other goals and policies of the General Plan. ® Traffic is both a local and a regional issue. Effective improvements to the circulation system depend on the multi jurisdictional cooperative effort of multiple agencies such as the State of California (Caltrans), the Metropolitan Transportation Commission (MTC), Santa Clara Valley Transportation Authority (TTA), adjacent cities and counties, and other public transit districts. Cupertino's' transportation cannot be planned without reference to the regional and sub -regional planning that is conducted by others such as the TTA, MTC and Caltrans. The City participates with the TTA on the State mandated countywide Congestion Management Plan (CMP)..Longer range planning is provided in the VTA`s Valley Transportation Plan 2020 (HTTP 2020). The HTTP 2020 includes the following projects or programs for Cupertino: ® The Mary Avenue Bicycle -Pedestrian Footbridge over 1-280. CITY OF CUPERTINO DRAFT GENERAL PLAN CIRCULATION 4-3 ® The De Anza Trail on the Union Pacific Railroad right-of-way Phase III. ® The study of the Bus Rapid Transit (BRT) on Stevens Creek Boulevard. @ The study of Light Rail Transit (LRT) in the Sunnyvale/Cupertino Corridor. The one major freeway improvement in the plan for Cupertino is an improved ramp to connect SR 85 and 1-280 with Foothill Boulevard. The regional projects are shown on Figure 4-A. With the exception of the Mary Avenue bicycle -pedestrian footbridge the above projects are considered part of a ten-year funding plan. The City should work with the TTA to secure funding for each of the regional j proects�. .& Regional land use decisions affect the operation of the freeway system in Cupertino. Regional transportation facilities such. as SR 85 and 1-280currently operate with considerable, congestion in peak traffic hours. This is due in part to a number of factors: more dependence on the automobile, suburban sprawl, few mass t-rc-a-isportation alternatives, the regional imbalance of jobs and housing in Santa Clara County, e �tc. This Plan, as well as planning by the county and regional agencies, advocates strategies to mitigate some of these negative factors 4 H 0_L _ LL LJ J_L I -I I �� LL LJ J -L I I LL.L J E) rte.. sites. p T , A T Tq p r_q I r, ,4- q q �pq-p D.I.15n ire n As des.ei-�Pbed in II, I- "k� J_ L.L_L I '-.J I I Ldej t6 I- laii that ine-reasestIne-% Tl�rll �r-r .I L 1__� LL O.L.L 1 6 L. L I J A � T-) L -L I I- J_ L LE, SEE PoLicy 2-24 iN a-beve the nuza-,4, er ef units FeEl d 4� (2i P44 1� —T Afea 9 a v er ,-a 11 — 1� J �_J_L I., CAY THE LAND USE 4-kntsI / 14 ,whi4e L4 al fer c -E) ee 4evelepment. ELEm:ENT. The Light Rail network for Santa Clara County was conceived as a traditional spoke -and -wheel network with the spokes radiating out from downtown Sanjose and wheel arcs ringing the Valley. Many portions of the spokes and wheel arcs- have been completed or are in the planning stages. The West Valley portion of the County is planned to be served by the Vasona Corridor leading to Campbell and eventually Los Gatos. There are no immediate funding sources or definitive plans for either light rail or express buses to serve Cupertino, Saratoga, Los Altos, west San Jose and the southern portion of Sunnyvale. There are four possible routes for mass transit to serve this portion of the County including Highway 85 median and the Union Pacific Rail Right of Way connecting to the Vasona Corridor at Vasona Junction in Los Gatos; Stevens Creek Boulevard through San Jose and connecting to De Anza College at Highway 85; and De Anza, Boulevard connecting to 'the Stevens Creek line and extending into Downtown Sunnyvale. Cupertino must advocate- policies that ensure that Cupertino residents, the major Cupertino corporations and De Anza, West Valley and possibly Foothill Colleges are served by mass transit within the next 20 years. `'l, CITY OF CUPERTINO DRAFT GENERAL PLAN 4-4 CIRCULATION (Insert Figure 4-A VTA Projects here) CITY OF CUPERTINO DRAFT GENERAL PLAN CIRCULATION 4-5 GOAL A REGIONAL TRANSPORTATION PLANNING DECISIONS THAT SUPPORT AND COMPLEMENT THE NEEDS OF CUPERTINO Policy 4-1: City Participation in Regional Transportation Planning Participate actively in developing regional approaches to meeting the transportation needs of the residents of the Santa Clara Valley. Work closely with neighboring jurisdictions and agencies responsible for roadways, transit facilities and transit services in Cupertino. Strategies 1. Regional Transportation Planning. Participate in regional transportation planning in order to minimize adverse impacts on Cupertin®s circulation system. Work with all regional transportation agencies to develop programs consistent with the goals and policies of Cupertino's General Plan. Work with neighboring cities to address regional transportation and land use issues of mutual interest. 2. jobs - Housing Balance. Minimize regional traffic impacts on Cupertino by supporting regional planning programs to manage the jobs -housing balance throughout Santa Clara County and the Silicon Valley. 3. Interchange Improvements. Identify potential interchange improve- ments, such as 1-280 with the Lawrence Expressway and Stevens Creek Boulevard, that would encourage the use of the freeway and reduce the use of local streets. 4° Congestion Management Plan (CMP). Actively participate in the preparation of the CNT and other regional efforts to control traffic congestion and limit air pollution. 5. Traffic Impact Analysis (TIA). Require, TIA reports that meet the requirements of the VTA for all developments projected . to generate more than 100 trips in the morning or afternoon peak hour. 6. Multi -modal Transportation. Ensure that connections are provided to enable travelers to transition from one mode of transportation to another, e.g., bicycle to bus. 7. Regional Bus and Rapid Transit ServIce. Support the expansion of the VTXs regional bus transit system and extension of bus and/or light rail rapid transit into the Stevens Creek and De Anza Corridors to fulfill the "spoke and wheer transit system designed to serve all of Santa Clara County. Specific actions to implement this strategy are: e Review all right-of-way improvement projects for potential. opportunities and constraints to rapid transit- development. ® Encourage higher density and 'mixed-use development in rapid transit corridors and ensure developments are designed to enhance the use of transit. % CITY OF CUPERTINO DRAFT GENERAL PLAN 4-6 CIRCULATION b� Ensure t1q t the ele r the PE)-,,,T�ewn 11illage Nvill &,eeE)w-dne4ate--a-nE1 t4q e 1,77-P 2 er rail—i--apjid %4+n Y1 �_.L v k'k— Seek the cooperative support of residents, property owners and businesses in planning rapid transit extensions. Actively seek to have Cupertino represent West Valley cities and ultimately chair the TTA Board of Directors to promote the above policy. Alternatives to the automobile contribute to energy conservation, reduce air and water pollution and the cost of building and maintaining additional highways and roads. Ideally, sufficient alternatives means of transportation should exist so that use of the automobile is a choice not a necessity. Alternatives include public transit, carpools, flexible work hours, bicycling, walking and telecommuting. These alternative forms of transportation must be coordinated with land use patterns that support them. GOAL B INCREASED USE OF PUBLIC TRANS979 CARPOOLS9 BICYCL9NG9 WALKING AND TELECOMMUTING Measures to manage travel demand, called Transportation Systems Management (TSM), are directed at reducing the number of single -occupant vehicles (SOVs) using the circulation system during peak hour commute periods. SOV trips represent about half of all the daily trips generated in Cupertino. Policy 4-2: Reduced Reliance on the Use of Single -Occupant Vehicles Promote a general decrease in reliance on private. mostly single -occupant vehicles (SOV) by encouraging attractive alternatives. Strategies 1. Alternatives to the SOV. Encourage the use of alternatives to the SOV including increased car-pooling, use of public transit, bicycling and walking. 2. TSM Programs. Encourage TSM programs for employees in both the public and private sectors by including preferred parking for carpools, providing bus passes, encouraging compressed' workweeks, and providing incentives and rewards for bicycling and walking. 3. Telecommuting, Teleconferencing and Other Electronic Communica- tion. Encourage. employers to use the Internet to reduce commute travel. Encourage schools, particularly at the college and high- school level, to make maximum use of the internet to limit the need to travel to and from the campus. CITY OF CUPERTINO DRAFT GENERAL PLAN CIRCULATION 4. Design of New Developments. Encourage new commercial develop- ments to provide shared office facilities, cafeterias, day-care facilities, lunchrooms, showers, bicycle parking, home offices, shuttle buses to transit facilities and other amenities that encourage the use of transit, bicycling, walking or telecommuting as commute modes to work. Provide pedestrian pathways and orient buildings to the street to encourage pedestrian activity. 5. Street Space for Alternative Transportation. Provide space on appropriate streets for bus turnouts,, or safe and accessible bike lanes an4_ or pedestrian paths. 6. Alternative Transportation Information. Use the Cupertino Scene and other media to provide educational material on alternatives to the SOV. 7. Citizen Participation. Continue to work with the City Bicycle/ Pedestrian Advisory Committee, community groups and residents to eliminate hazards and barriers to bicycle and pedestrian transportation. Cupertino is an auto -oriented, suburban city developed during the 1950s and 1960s. Local streets provide limited service to other transportation modes. As would be expected in a City designed with the auto in mind, walking and bicycle riding currently represent just 7% of all trips generated in Cupertino. The land use policies of this Plan are intended to locate trip generators and attractors closer together and thus promote walking and bicycle use. In addition, the weather and terrain make Cupertino an ideal location to develop pedestrian and bicycle modes of transportation. GOAL C A COMPREHENSWE NETWORK OF PEDESTMAN AND MYCLE ROUTES AN® FACELMES Policy 4-3: Cupertino Pedestrian Transportation Guidelines and the Cupertino Bicycle Transportation Plan. Implement the programs and projects recommended in the Cupertino Pedestrian Transportation Guidelines and in the Cupertino Bicycle Transportation Plan, as well as other programs that promote this goal. Strategies 4-7 1. The Pedestrian G'Uidellnes. Implement the projects recommended in the Pedestrian Guidelines including: After engineering review, and where found to be feasible, improve safety at selected intersections by one or more of the following: prohibit right turn- f/.P. T1. . . . . . . . . . . . CITY OF CUPERTINO DRAFT GENERAL PLAN 4-8 CIRCULATION on -red, add time to the pedestrian signal phase, construct a median and/or reduce corner radii. ® Where feasible provide missing sidewalks on arterial and collector streets and on neighborhood streets as desired by residents. ® Identify a citywide pedestrian circulatioft grid including shortcuts, path ways and bridges where needed to close gaps in the pedestrian circulation system. 2. Pedestrian Grid. e p -Consider developing a quarter-n-dle grid of safe, walk -able sidewalks and paths to provide pedestrian access among residential, shopping, recreation and business locations. 3. Safe Routes to School. Work with the School Districts to promote the Safe Route to Schools program. 4. Pedestrian Time on Traffic SIgnals. With engineering review, provide additional - time for pedestrians to cross streets -, at appropriate intersections. Added time would be most appropriate near shopping districts, schools and senior citizen developments. 'This strategy should be considered even ff it could reduce the Level of Service (LOS) for automobile traffic. Traffic signal walk time adjustments are further described in Policy 4-6. [the last sentence was not specifical jy voted on, but it should be deleted if Policy 4-6 is deleted.1 -its. Te een.-he9-Ree wau<il�, Xedestrian i Lproveeim TAT� ee sider --a-lbef of 4-ff e-4-4 p4i '14fla-ffie lanes f&Ulf 1 .1 v . . 'M rr- If I - sidewalks er a- median. Where a cenverted te 1 par Ling lane median is provided it should be wide enough to safely accommodate pedestrians. Streets such as Homestead, Bollinger, Rainbow, Prospect or Stelling should be evaluated for potential improvements for pedestrians. Consider reducing residential street widths to promote slower traffic and less pervious surface. CITY OF CUPERTINO DRAFT GENERAL PLAN CIRCULATION. 4-9 6. Crosswalk Markin -Medians, and "Chokers."' Following engineering review, mark crosswalks. with pavement treatment scaled to the speed of traffic,-and--uUse medians and "chokers" to narrow the width of the street where feasible and appropriate. 7. ' PedestriarVBicycle Impact Statement (PBIS). Re�-r Enco--urage that all public construction. and private development projects submit a PBIS. For projects that require a TIA, the PSIS may be incorporated into the TIA. The impact of the project on pedestrians and bicycles shall be reported in terms of safety,, route connectivity, loss of existing facilities, adequacy of proposed facilities, and potential adverse impact of proposed pedestrian/ bicycle programs on automobile traffic and vice versa. 8. Implementation of the Bicycle Plan. Implement the Bikeway Network as recommended in the Bicycle Plan. The Network is shown in Figure 4-B. 9. Bicycle Facilities in. New Developments. Encourage the developers of major new or remodeled buildings to include secure interior and/or fully weather protected bicycle parking. 10. Traffic Calming on Bicycle Routes. Where feasible and appropriate, implement traffic calming on those bicycle routes where automobile traffic volumes are low. Bicycle traffic flows best where automobile traffic volume and speeds are low and where there are no stop signs or traffic signals to hinder through traffic flow. 11. Bicycle Parking. Provide bicycle parking in multi -family residential developments and in commercial districts as required under Section 44 --� f- q p 19.100.040 of the City code. geRsider amendk� cr Oq e �-J LX�.-- L 06- b ment Efirr"-f- --4-- ,�eh development ratlier thaig 11 1b -1 ----e, The City of Cupertino does not operate any public transit services. The VTA operates nine regular and three express bus routes serving 128 bus stops in Cupertino. The Stevens Creek Corridor is served at 15 -minute headways on weekdays and 30 minute headways in the.evening and weekends. Most other arterials are served at 20 to 30 minute headways on weekdays. There is service on most routes into evening hours and on weekends, typically at 30 -to 60 -minute headways. There are two important transit transfer points in Cupertino -De Anza. College and Vallco Park. The VTA plans to build a full-service transit station at the College. Transfers at Vallco are currently made on the street and are., therefore, not as -convenient as desirable. Sw CITY OF CUPERTINo DRAFT GENERAL PLAN 4-10 CIRCULATION Ridership on VTA buses in Cupertino is about 3,500 patrons per weekday. Transit ridership, including the use of the VTA and school buses, represents about 1.5% of total trips generated on a weekday in Cupertino. GOAL D INCREASED USE OF EXISTING PUBLIC TRANSIT SERVICE AND THE DEVELOPMENT OF NEW RAPT® TRANSIT SERVICE Policy 4-4: Increased Use of Public Transit Use Support and encourage the increased use of public transit. Strategies 1. Transit Facilities in New Developments. Ensure all new development projects include amenities to support public transit such I as: bus stop shelters; space for transit vehicles to stop and maneuver as needed; transit maps and schedules. Encourage commercial and institutional developments to support bus passes for- employees. T"I* 2. T i A T_ J4. 0�0. _L�' e -- et TIA `` =t -"S t- Ee ef-49,:4-x b_]Ke tar-tsit would se-rve 4%p 14 k—F— V_L.LO-Hat and 01.9 operations. �J_J_Lf L10- L. %../J- L -L L�_ k -LI.- graent e. 3. Transit Stop Amenities. Work with the VTA and adjacent property owners to provide attractive amenities such as seating, lighting and signage at all bus stops. 4. Vallco Park Transit Station. Work with the VTA to study and develop a transit transfer station at Vallco Park. Anticipate a multi -modal station that serves future light rail. 5.4 er Jauses it: J� L.J.P_ LU -",A JL qj 4-- where we-ff X IUX k L__L. artefials. 0 � j5, L- A_L� LL.L L 6 k. k -A 6. 6. Rapid Transit. Work with the VTA to plan for, and develop bus and/or light rail rapid transit! services in the. Stevens Creek and north De Anza Corridors to take advantage of the potential increase in '_'_ - - " A 44=1 N T -i I I q crp P 4q d -the De Anza - College wed.-use-Dp:�4x-,.-��-I --b—' customer base. Consider increased frequency of service to encourage ridership. 7. Shuttle Service. Study the' possibility of providing shuttle service to key commercial, office and institutional locations in Cupertino. CITY OF CUPERTINO DRAFT GENERAL PLAN CIRCULATION (Insert Figure 4-B Bikeways fold -out here) CITY OF CUPERTINO DRAFT GENERAL PLAN 4-12 CIRCULATION (back of 4-B Bikeways fold -out) CITY OF CUPERTINO DRAFT GENERAL FLAN CIRCULATION ROADWAYS Most trips in Cupertino, nearly 92% of all trips, are made -by private vehicle on the public street and highway system. The Cupertino system of major streets is shown in Figure 4-C. Local and residential streets are not shown. The major street system includes: • State freeways SR 85 and 1-280. ® Arterials; such as De Anza and Stevens Creek Boulevards and Homestead and Wolfe Roads. Major collectors such as Foothill Boulevard and Stelling Road north of Stevens Creek Boulevard, Prospect Road east of De Anza and Miller Avenue. Minor collectors such as the remainder of Foothill and Stelling along with Bubb, Blaney, Tantau, McClellan, Bollinger and Rainbow. The quality of the operation of the street system is measured using a system known as Level of Service (LOS). Traffic engineers and planners use level of service grades to evaluate the relative congestion of roads and highways. The * le that measures the amount of traffic a roadway or an LOS for roadways ' is a scale intersection may be capable of handling. Level of service "'A" represents free flow conditions and level of service "F" represents jam . rned conditions with excessive delay for motorists. The definition of LOS is shown in Table.4-1. Table 4-1. Level Of Service Definitions For Signalized Intersections. Level of Service Vehicle Delay (Seconds) Description A 0-5.0 Free flow, no congestion (very little delay) B 5.1-15.0 Stable flow, limited congestion (slight delay) C 15.1-'25.0 Stable flow, moderate congestion (acceptable delay) D 25.1-40.0 Approaching unstable flow, high congestion (tolerable delay) E 40.1-60.0 Unstable flow, near breakdown (typically unacceptable delay) F >60.0 Forced flow, breakdown (excessive delay) . . It is, the intent of this Plan that most streets should operate with no more than a tolerable level of congestion, LOS D. 'JE'Nae-kep-164L le nL s to this standard in the �-p,; � pq T411 - -- - -e pedestrians are,,,xell served a ..nd at other lecatiens te ensur interseetions are CITY OF CUPERTINO DRAFT GENERAL PLAN 4-13 4-14 CIRCULATION The concept of maintaining no worse than a tolerable level of congestion is important, not only to provide a reasonable LOS for motorists, but also to protect neighborhoods from the impact of excessive through traffic. To the extent that the arterial and major collector street system is operating with limited congestion, there will be less incentive for drivers to use local streets to bypass areas of congestion. Cupertino uses a computerized traffic signal interconnect system to increase the traffic carrying capacity of arterial streets. The.. system controls the flow at intersections to favor commute traffic. Green lights are longer on major streets to encourage shoppers, commuters and, workers to use those streets. These policies encourage drivers to use the arterial street system. Cupertino discourages motorists from other cities. from using local streets, and where appropriate from using collector streets, by, means of stop signs, speed humps, raised medians, diverters and intensified enforcement of speed limits. GOAL E ROADWAY DESIGN THAT ACCOUNTS FOR THE NEEDS OF MOTORISTS9 PEDESTRIANS, BICYCLES AND ADJACENT LAN® USE Policy 4-5: Traffic Service and Land Use Developinent Maintain a minimum LOS D for major intersections during the morning and afternoon peak traffic hours. Achieve this standard by imposing reasonable limits on land use to ensure that principal thoroughfares are not unduly impacted by locally generated traffic at peak traffic hour. In order to accommodate development that furthers a unique gathering place in the Crossroads area on Stevens Creek Boulevard, set the LOS standard for the intersections of Stevens Creek Boulevard with De Anza Boulevard and with Stelling Road to LOS E+. (No more than an average .45 seconds of delay per vehicle). The standard for the intersection of De Anza Boulevard at Bollinger Road shall also be LOS E+. LOS standards may also be adjusted as described in Policy 4-7. Strategies 1. i. -Street Width Limitation. To minimize the barrier effect and the negative aesthetics of major streets, limit the mid -block width of De Anza Boulevard to eight lanes eaaL4 evaluate Fe4uetien ef !_aness in the . mi4bleek areas ef Stevens Qreel,-c Beulevar4. The evaluatieR ivill assess.,-aets 8-191 L -L Lk Level ei Sefviee an -safe 2. Synchronization of Traffic Signals. Enhance the . synchronization of traffic signals on major streets.. CITY OF CUPERTINO DRAFT GENERAL PLAN (Insert Figure 4-C Circulation .ere) CIRCULATION 4015 CITY OF CUPERTIN® DRAFT GENERAL PLAN 4-16 CIRCULATION 2. Allocation of Non-residential Development. In order to maintain a desired level of transportation system capacity, the city's remaining non- residential development potential shall be pooled and reallocated according to the city's development priority tables as shown in the Land Use Element of this Plan..Floor areas ratio (FAR) limitations apply to all remaining commercial, office and industrial properties, unless a property received a bonus FAR credit authorization by the 1993 General Plan and/or a higher development allocation, above the FAR limitation, approved by the City. 3° Citywide Transportation Improvement Plan. Carry out a citywide transportation improvement plan to accommodate peak hour traffic flows on arterial streets and major collector streets at a minimum of LOS D. If feasible, the Plan should maintain the LOS higher than level D. However, as described above, exceptions to this standard are set for the intersections of Stevens Creek Boulevard with De Anza Boulevard and with Stelling Road and for the intersection of De Anza Boulevard at Bollinger Road. 4. Annual LOS A-nalysi CIRCULATION minimum corner radii, are to be considered desirable. Design details should be developed in the City's road improvement standards. Strategies 1. Road Improvement Standards. Develop the City"s road improvement standards to include consideration of service to traffic, bicycles and pedestrians as well as the embodiment of aesthetically pleasing design features I , like trees.. Improvement standards shall also consider the urban,, suburban and rural environments found within the City. 2. Rural Road Improvement Standards. Identify candidate rural roads and develop specific street improvement standards that preserve the rural character of these streets. Rural roads would typically feature natural landscaping, no sidewalks and narrow unpaved shoulders. 3. Semi -Rural Road Improvement Standards. Identify candidate semi -rural roads where curb and gutter improvements, and no sidewalks, are appropriate. 4. 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 with appropriate street furniture and en - ^-I-Fee-I- Lr ME 1j<1 141a 6, .. 5. Suburban Road Improvement Standards. Develop suburban road improvement standards for all streets not designated as rural, semi -rural nor in the Crossroads Area. 6. Intersection Design. Survey intersections to' ensure. that the roadway alignments areas efficient as possible. Where feasible and appropriate, redesign and rebuild- those intersections where improvements would upgrade traffic flow and pedestrian and bicycle convenience and safety. Too many driveways may impede traffic flow on busy streets because drivers can indiscriminately enter the travel lanes at multiple locations. - Landscaping themes along the street frontage maintain a stronger visual continuity with fewer curb cuts: service to traffic while also improving service, for bicyclists and pedestrians.. Policy 4-8: Curb Cuts Minimize the. number of driveway openings in each development. Strategies 1. Shared Driveway Access. Encourage property owners to use shared driveway access and interconnected roads on specific properties where feasible. Require driveway access closures, consolidations or both when .a non-residential site is remodeled. Ensure that the driveway accommodates the traffic volume for all CITY OF CUPERTINO DRAFT GENERAL PLAN 4-17 4-18 CIRCULATION affected properties, and that the maintenance responsibilities are clearly defined. t TTI 2, Direct, Access from Secondary Streets. it'll Encourage property with frontages on major MAMI W1311 and secondary streets to provide direct access to driveways from the secondary street. 3. Temporary Curb Cuts On Non -Residential Sites. Permit temporary curb cuts on a non-residential site subject to the City finding that the opening is necessary for public safety. These. temporary openings may be closed and access to the driveway made available from other driveways when surrounding properties are developed or redeveloped. Policy 4-9.- Street Improvement Planning Plan street improvements such as curb cuts, sidewalks, bus stop turnouts, bus shelters, light poles, benches and trash containers as an integral part of a project to ensure an enhanced streetscape and the safe movement of people and vehicles with the least possible disruption to the streetscape. Strategies 1. Sidewalk Access to Parking or Buildings. Examine sidewalk to parking areas or building frontages at the time individual sites develop to regulate the entry to the site at a central point. Sidewalks in the Crossroads Area shall be wide enough to accommodate increased pedestrian activity. 2. Bus Stop Turnouts in Street Frontages. -Require bus stop turnouts, or partial turnouts, within the street frontage of a new or redeveloping site. This policy does not apply to the Downtown Village Special Planning Area. Bus 'stops should include benches, trash receptacles and other amenities as appropriate. Follow the TTA specifications for improving bus stops. Policy 4-10: Safe Parking Lots Require parking lots that are safe for pedestrians. Strategy Safe Spaces for Pedestrians. Require parking lot design and construction to include clearly defined spaces for pedestrians so that foot traffic is separated from the hazards of car traffic and people are directed from their cars to building entries. CITY OF CUPERTINO DRAFT GENERAL PLAN il CIRCULATI®N 4-19 Through traffic tends to take the route of least resistance, often resulting in -a high through volume of traffic along residential streets located adjacent to busy traffic corridors° it is essential tha _h ough traffic on local streets 'should be discouraged to protect the quality of life and safety of residential neighborhoods. i Neighborhood traffic management is based on the concept that commute or through traffic should be redirected from local residential and minor collector streets and onto major arterials, expressways or freeways. Neighborhood traffic management programs may include any of the traffic. calming measures listed below. GOAL F A TRANSPORTATION SYSTEM THAT HAS MINIMAL ADVERSE IMPACT ON RESIDENTIAL NEIGHBORHOODS Policy 4-11 Good Tiaffic Service on Major Streets Encourage through traffic to use the major arterial and collector streets by maintaining the highest service possible on the arterial street system. Policy 4-12 Traffic Calining on Local Streets Discourage traffic from using local neighborhood streets by employing traffic calming measures. Strategies i 1. Traffic Calming Measures. After engl-- neering study, implement appropriate traffic' calming measures and/or im- provements on a case-by-case basis, based on, approval proval of 60 % of the residents on the street and Jnvolving public hearings, to slow or discourage through traffic in neighborhoods., Re- quire new development. to i . mplement. traffic" calming measures if impacts are generated by the development. 2. Design of Traffic Calming Measures. Consider the importance of attractive designs for traffic calming installations. Develop written design standards for eaclty e of measure. 3. 'Neighborhood Traffic Management Plans. Develop traffic management -plans for-R4g4abefh-sslocal residential streets affected by unacceptable levels of through traffic. Plans may include the traffic calming measures, CITY ®F CUPERTINO DRAFT GENERAL PLAN 4-20 CIRCULATION including medians and street trees, and also include education and enforcement measures that promote changes in driver behavior. Policy 4-13: Limited Street Closures Do not close streets unless there is a demonstrated safety or over- wheh-ning through traffic . problem and there are no acceptable alternatives. Closures may shift traffic to other local streets, thus moving the problem from one neighborhood to another. Policy 4-14: School Impacts on Neigliborhoods Minimize the impact of school drop-off, pick-up and parking on neighborhoods. Strategy Coordination with School Districts. Work with the School Districts to develop plans and programs that encourage car/vary-pooling, stagger hours of adjacent schools, drop-off - locations, encourage walking and. bicycling to school. Assist Districts in the development of the "Safe Routes to School Program'' to encourage more students walking and bicycling and less use of auto access. Policy 4-15: Transportation Noise, Fumes and Hazards In addition to limiting through traffic volume on local streets, protect the community from noise, fumes and hazards caused by the City's transportation system. The quarries on Stevens Canyon Road, Stevens Creek Boulevard and Foothill Boulevard are major sources of transportation noise. - Strategies Quarry Use Permit. Monitor the quarries' use permit conditions imposed by the County of Santa Clara.and oppose any expansion of quarry uses. 2. Quarry Truck Speed. Prioritize enforcement of traffic speeds on Stevens Canyon, Stevens Creek and FoothillBoulevards. Install radar speed monitors. SEE POLICIES 6-67 3. Community Protection. Work to protect the community from the effects AND 6=68 IN of the transportation system. Discourage dangerous and abusive driving HEALM ANM by priority enforcement of speed laws, enforcement of State muffler laws SAFETY FOR (see the Noise element of this Plan) and review of traffic management ADDITIONAL TRUCK. strategies. TRAFFIC POLICIES CITY OF CUPERTINO DRAFT GENERAL PLAN CIRCULATION W _111211111602, The City uses the TTA maintained CMP model to project traffic on the freeway and on local streets. The CMP model has about 18,500 highway and transit links, and 385 internal zones to represent Santa Clara. County. The land use projections for Cupertino in 2020 have been developed by the city planning staff. The land use data for areas outside Cupertino are based on ABAG Projections. The model is calibrated by comparing its estimate of traffic flow in 2000 against traffic counts conducted on the city street system. When the model closely replicates existing traffic, it is used to project traffic volumes for the year 2020. FUTURE YEAR TRAFFIC CONDITIONS As shown in Table 4-2, the traffic volumes projected using the CMP model for the year 2020 would result in some increased levels of congestion. However,. the 2020 LOS for major intersections would -meet the standards set in this Plan and the standards as required by the CMP. CITY OF CUPERTINO DRAFT GENERAL PLAN 4-21 4-22 CIRCULATION Table 4-2. Level Of Service At Signalized Intersections. Fntersection Existing 2000 Projected 2020 Morning Afternoon Morning Afternoon Wolfe Road at Homestead Road C C- D D+ Wolfe Road at 1-280 Northbound amps A 'A B+ A olfe Road at 1-280 Southbound amps 13 A B A Wolfe Road at Stevens Creek Boulevard C C C C �Iiller Avenue at Bollinger Road C D C D- e Anza Boulevard at Prospect Road C C- C- D+ De Anza Boulevard at Rainbow Drive B B+ B- A De Anza Boulevard at SR 85 Douthbound Ramps C+ C D+ C De Anza Boulevard at SR 85 orthbound Ramps C+ C+ C- B- De Anza Boulevard at Bollinger Road C C+ D B- e Anza Boulevard at McClellan Road B C B- D De Anza Boulevard at Stevens Cr . eek 3oulevard C- D+ D+ D De Anza Boulevard at 1-280 nonthbound Ramps C C C C De Anza Boulevard at 1-280 Northbound Ramps C C- C :)e Anza Boulevard at Homestead .�oad D C D D 3telling Road at Rainbow Drive B B C B Stelling Road at McClellan Road C C- D D+ 3telling Road at Stevens Creek Boulevard C- C D+ D+ Dtelling Road at Homestead Road D+ D+ D D Stevens Creek Blvd at SR 85 orthbound Ramps C B- C+ B- 3tevens Creek Blvd at SR 85 �)outhbound Ramps B- B- B- C CITY OF CUPERTINO DRAFT GENERAL PLAN (insert Figure 4-D LOS here) CIRCULATI®N CITY OF CUPERTINO DRAFT GENERAL PLAN 4-23 4-24 CIRCULATION (Insert Figure 4-E Traffic Volumes here) CITY OF CUPERTINO DRAFT GENERAL PLAN EXHIBIT C Section 5 Environmental" �@��'. �.- � . � ry. �,• 3. � �'_. , P � •�! C c� C � I •� t� it k 1�. �: 1p Sustainable planning and development accommodate the City's future changes while recognizing that the community's environmental resources are fragile, invaluable and interrelated. Sustainable planning integrates and balances environmental decisions with economic considerations. and rec- ognizes the symbiotic relationship between the natural environment, the Community and the economy. In the long term, protecting and sustaining the City's viable ecological communities and environmental resources will result in the protection of both the human and natural environments. �.a—i1 r u��41 t.:� J"s � _.@ i 1—'t �•'1 Y'S :!�i- 9 Planning for the location of land use activities is one of the fundamental components of sustainability. Suburban land use practices isolate housing, retail uses and employment locations from one another, and scatter low- density development that becomes solely reliant on the automobile for access and transportation. This inefficient and unsustainable growth pattern has resulted in loss of natural habitat and open space, deteriorating air and water quality, increased traffic congestion and a loss of a sense of community. Sustainability requires a change from past land use planning to a system that creates and maintains efficient community facilities; human scale neighborhoods community while preserving environmental resources. Housing C`Mu lataoan Health Land Use I cbmmuniv and Safety Design competent and and a sense of The Environmental Resources/Sustainability element contains an in- ventory of the City's key environmental issues and resources, and it also includes policies for the efficient use and conservation of these resources, based on the following principles: Sustainability, Principles The Environmental Resources/ Sustainability Element and implemen- tation strategies are based upon the following fundamental principles: CITY OF CUPERTINO DRAFT GENERAL PLAN 5-1 5-2 ENVIRONMENTAL RESOURCES/ SUSTAINABILITY • Linking - the linking of Resource Management and Economic Deter- minations when evaluating development projects • Conservation/Efficiency - the protection, intelligent use and reuse of renewable and nonrenewable resources • Reduction of Waste - reuse, recycling and use reduction • Resource Management for the benefit of future generations • Prevention/Mitigation of significant environmental impacts • Restoration of impacted environmental resources • Innovation in building technologies, including the substitution of ma- terials • Community Participation - the comprehensive involvement of City government, city residents and the private sector • Education - preparation and dissemination of educational materials The City's sustainable, environmental resource program is based on the perception of the community as a holistic system, where people are in- escapably related to the community's natural resources and other envi- ronmental conditions. These conditions not only include topography, air and water quality, surface drainage, and open space, but all other forms of life. GOAL A A SUSTAINABLE FUTURE FOR THE CITY OF_CUPERTINO Policy 5-1: Principles of Sustainability Incorporate the principles of sustainability into Cupertino's plan - ring and development system. Strategies 1 Appoint a Task Force or Commission to develop an appropriate comprehensive arulual Sustainability and Resource Plan for the City. The mission for the Task Force/Comn-dssion would be: a write and keep current the aruzual Tactical Plan and meas- urement of City-wide programs to help achieve the Environ- mental Resources and Sustainability section of the General Plan. b Identify and evaluate resources, technologies, products and the life -cycle cost of ownership for each recommended. CITY OF CUPERTINO DRAFT GENERAL PLAN ENVIRONMENTAL RESOURCES/ SUSTAINABILITY 5-3 c Work with City staff to evaluate the financial feasibilily of the recommendations. 2. Implementation Programs. Adopt and implement energy policies and implementation programs that include the City's planning and regulatory process. 3. City -Wide Inventory. Conduct a City-wide sustainability inventory in order to. identify issues, opportunities and planning alternatives. 4.3. Sustainability Energy and Water Conservation Plan, Prepare and implement a comprehensive sustainability energy plan as a part of the City's General Plan. This plan will specifically include reconunenda- tions regarding: a Reduction of energy consumption. b. Reduction of fossil fuels. c Use of renewable energy resources whenever possible. d. Improve City-wide water usage and conservancy. e Reduce water consumption by the City. f. Promote residential and business water reduction. The Task Force/ Commission will work with Staff to keep the Sustain- ability Energy and Water Conservation portion of the General Plan cur- rent and abreast of beneficial cost-effective technologies. Energy ConservaUon/ ffldency Cupertino reliance on the use of non-renewable energy supplies has serious environmental consequences. For our community to be sustainable, it must reverse this situation. The City of Cupertino receives electrical power from Pacific Gas and Electric (PG&E). PGBzFs power is derived from several sources such as wind turbines, hydroelectric dams and nuclear generation. The Asso- ciation of Bay Area Governments (ABAG) power consortium pro- vides the City with natural gas. In the State of California and the San Overall energy use in Francisco Bay Area, approximately 95 percent of the residential units the Bay Area are heated by natural gas, the remainder by electricity and propane. Use % Since the severe energy shortages of the 1970's, which cuhni- Commercial 7 nated in the critical statewide electrical power shortages of 2001, Residential ;17;,;.;::: Californians (and particularly Bay Area residents) have become Industrial :35` Transportation 31 'moi Other CITY OF CUPERTINO DRAFT GENERAL PLAN 100 Sources: PG&E, Plaiziiing Resource Associates 5-4 ENVIRONMENTAL RESOURCES/SUSTAINABILITY acutely aware of the need to reduce energy demand for both the short and long term in order to achieve a sustainable future. This was further rein- forced by the severe blackouts in the Northeast U.S. and Canada in the sulauner of 2003. The continuously rising cost of energy production, to- gether with diminishing fossil fuel sources (non-renewable resources), has required public agencies to conserve, efficiently use and search for alterna- tive energy resources. PLANNING AND REGULATORY PROCESSES Urban areas in California, (including Cupertino) contain approxi- mately 85 percent of the State of Californias population. These urban communities are in the best position, through their planning and regula- tory processes to promote and implement effective energy conserva- tion/efficiency sustainability programs. Cupertino has expressed its commitment to these programs in the following ways: • Installed lighting and/or retrofitted energy efficient lights for all street lights and traffic control lights. • Retrofitted all overhead lights in City Offices. • Reduced lighting and equipment use where possible in all City facili- ties through staff training. • Acquired several electric vehicles. • Distributed conservation/ efficiency information to architects, contrac- tors and the general public. • Endorsed the "Draft Compact for a Sustainable Bay Area' as pro- moted by the Bay Area Alliance for Sustainable Development. This "Compact" constitutes a commitment to take specific steps toward a sustainable region. The Land Use Element and the Circulation Element commit to sus- tainability in the following areas: • Land Use Planning and Zoning. Provide energy efficient higher density housing in proximity to employment centers and trans- portation corridors and include mixed use development where appropriate. (See Section 2 - Land Use) • Transportation Planning: Consider alternatives to the automobile such as increased car pooling, flexible work schedules, use of bi- cycles, pedestrian pathways and telecommuting. Support multi- modal public transit to reduce congestion, air and water quality pollution and the significant costs of road construction. Encour- age reduced street width. Strengthen street tree protection. (See Section 4 - Circulation) GOAL B REDUCED USE OF NON-RENEWABLE ENERGY RESOURCES CITY OF CUPERTINO DRAFT GENERAL PLAN ENVIRONMENTAL RESOURCES/SUSTAINABILITY .Policy 5-2e Conservation and Efficient L[se 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. Strategies 1. Alternate Energy Sources. Encourage the use of solar energy and other alternate, renewable energy resources for all new and signifi- cantly renovated (Note: Staff and Task Force/ Commission to define metric of "significantly renovated")-, private and public buildings. Ensure that all homes have an acceptable balance of access to the sun and protection from it. Promote new tecl-uzologies, such as wa- terless water heaters to effect this change. 2. Comprehensive ]Energy Management Plate.. Prepare and imple- ment a comprehensive energy management plan for all applicable public facilities, equipment and procurement and construction prac- tices. 3. Consistency with State and Federal Regulations: Review and evaluate applicable City codes, ordinances, and procedures for in- clusion of local, state and federal policies and standards that pro- mote the conservation and efficient use of energy and for consistencv with the goal of sustainability. Change those, which 4 Using life cycle cost analysis, identify City assets for replacement with more energy efficient replacements. 5. Incentive Program. Implement an incentive program to include such items as reduced permit fees for building projects that exceed Title 24 requirements. Promote other incentives from the State, County and Federal Governments for improving enemy efficiency by posting information regarding incentive, rebate and tax credit programs on the City's web site. Let's make learning about this easy and help those interested get started! 6. Solar Access Standards. Ensure compliance with the State of Cali- fornia Subdivision Map Act solar access standards in order to maximize natural heating and cooling opportunities for future resi- dences. Encourage the inclusion of additional shade trees and land- scaping for energy efficiency. 7. Educational Programs. CITY OF CUPERTINO DRAFT GENERAL, PLAN 5-5 wee � IN 5, :5::utu�:1:114:�?aJ 5-6 ENVIRONMENTAL RESOURCES/ SUSTAINABILITY ■ Develop conservation/ efficiency educational programs serving all utility users. ■ Provide informational materials and participate in energy con- servation onservation workshops. ■ Provide educational materials, seminar and staff training on en- ergy conservation/ efficiency for those who design, build and manage building facilities, and for those who regulate building design and construction. In partnership with De Anza College develop a "Sustainable Building Practices" guide for Cupertino residents and businesses. The Guide should include h-iformation regarding_ current rebates and subsidies to make implementing a sustainable building more financially attractive with references back to the City, State, Federal and other web sites for up-to-date information. Provide education materials, seminars and a certification program for contractors and architects who have participated in "Sustainable Building" courses Many of the curriculums are currently available at De Anza College As an incentive for participatuzg the "Sustainable Building' _program the City will maintain a "Sustainable Builder/ Developer" page on their current City website. This page will not be an endorsement of the individual or company listed, but a resource center for the community. ■ Establish and maintain an Energy Information Center or Kiosk at City Hall where information concerning energy issues, building standards, recycling and assistance is available. ■ Require residents and business that are remodeling to review and sign as acknowledgment that they have reviewed the "Sustainable Building Practices' guide prior to permits being issued. 7. En2rgy Cogeneration Systems. Encourage the use of energy:cogeneration sy tems through the provision of an awareness program targeting the larger co nmercial and industrial users and public facilities. 8. Remlation of Building Design: Ensure designer, developers, applicants and bu Iders meet California Title 24 Energy Efficient Building Standards and en ourage architects, building designers and contractors to exceed "Title 24" rec uirements for new projects through the provision of incentives. Encourage ei er passive solar heating and or dark plaster interior with a cover for sw hnming pools, cabanas and other related accessory uses where solar access is available. Encourage the use of alternative renewable sources where feasible, and develop energy audits or subvention programs. CITY OF CUPERTINO DRAFT GENERAL PLAN ENVIRONMENTAL RESOURCES/ SUSTAINABILITY 5-7 9. Use of Discretionary Development - Permits (Use. Permits): Require, as conditions of approval for new and renovated projects, the provision of energy conservation/ efficiency applications. 10. Energy Efficient Transportation Modes. Encourage alternative, energy efficient transportation modes such as "clean' multi -modal public transit, car and vanpooling, flexible work hours, and pedestrian and bicycle paths. Green Buildings The planning, construction and maintenance of buildings has an extraordi- nary effect on environmental resources. Buildings consume significant quantities of water, wood and energy. Nationally, buildings consume one-third of all the energy and two-thirds of the electricity. 50% of hone energy consumed is used for heating and cooling. In addition, buildings are a significant source of interior and exterior urban air quality problems and generate large quantities of waste and affect climate change. A "green" building is one that is designed, constructed, renovated and maintained in an ecological and resource efficient manner. Green buildings provide opportunities not only for conservation and efficient resource use, but also: to create healthier structures and long term, cost savings. The essential components of a green building design and planning process include: ® Location - in proximity to public transit, shopping and recreational facilities ® Site. Planning - solar orientation, protection of existing vegetation and use of ecologically appropriate landscaping a Energy Efficiency - Exceeding State, Title 24 energy requirements, see Energy section below; architectural design to mitigate heating, cooling and lighting loads ® Material Efficiency - selection, substitution and reuse of sustainable construction materials © Water Efficiency - employ water saving design techniques and de- vices GOAL C ENERGY CONSERVING AND EFFICIENT BUILDINGS Policy 5-30 Green. Building Design Encourage the design and construction of energy and resource con- serving/efficient building (Green Building Design).1"Fw CITY OF CUPERTINO DRAFT GENERAL PLAN is L 5-8 ENVIRONMENTAL RESOURCES/ SUSTAINABILITY Strategies 1. "Green Building" Evaluation Program. Prepare and implement a "Green Building" evaluation for all private and public projects. In- clude an "Energy Efficient Design and Landscaping Manual" for use by designers, contractors and owners. (See Green Building sec- tion above) Evaluation software is available on the State Energy Commissions web site. 2. Building energy audits. Participate in and encourage building en- ergy audits, where feasible, for commercial, industrial and city fa- cilities and convey to the business and industrial communities that energy conservation/ efficiency is, in the long term, economically beneficial. PG&E also offers energy evaluation tools and services free of charge. 3. "Green Buildings" Evaluation Guide. Prepare a "Green Buildings" evaluation guide based upon the above listed "essential compo- nents" for use by the city staff when reviewing projects. 4. Staff Training. Train appropriate staff in the design principles, I costs and benefits of energy conservation/ efficient buildings and landscape desiSLL I "Green Buildings" Informational Seminars. Conduct and/or par- ticipate in "Green Buildings" informational seminars and workshops to include people involved in the design and construction industry, land development, real estate sales, lending institutions, landscaping and design, the building maintenance industry and prospective pro- ject applicants. We recommend modeling this program after the CERT program. 4 Public Communication: Become a regular feature article in the Cu- pertino Scene, do media outreach to the Courier and the Guide (ST Mercury) tape the Sustainable Building and other conservation courses, or seminars and broadcast them on the City Channel as well, as make them available at the Library. Air Quality Air quality remains a serious health hazard for residents in the Bay Area Air Basin. Even after three decades of efforts to cleanse the air, air pollution still causes a significant amount of discomfort, illness and some- times death in the region. Particularly vulnerable are children, the elderly and people with heart or lung problems. Sometimes healthy adults may experience breathing problems during periods of intense outdoor exercise. Air pollutants may also have an adverse effect on vegetation, animals and property. In addition, national or world-wide pollution issues, the deple- tion of the ozone layer and world-wide climatic changes pose serious chal- lenges for communities seeking a sustainable future. CITY OF CUPERTINO DRAFT GENERAL PLAN ENVIRONMENTAL RESOURCES/ SUSTAINABILITY 5-9 Air pollution potential is based upon the tendency for high pollutant concentrations to develop at any given location. This potential is depend- ent upon the amount of pollutants emitted into the air and the local atmos- phere's ability to transport and dilute that pollutant. The County's topography, prevailing wind pattern and frequent air inversions combine to catch and hold the pollutants that the urban area releases daily into the air. Air pollution is composed of a vast assortment of gases and particles that can be grouped in three categories: particulate matter, carbon monox- ide and ozone. A large proportion of air pollution in Santa Clara County is. automobile related. The existing development patterns, countywide, contribute to the fur- ther deterioration of air quality. For example, the majority of affordable housing for low to moderate employees is outside of the County or in ad- joining cities. This requires employees to commute long distances daily to and from work which in turn increases air pollution countywide. Also, much of the Citywide residential areas are separated from commercial uses, which in tarn requires residents to drive vehicles to complete errands. This tends to increase air pollution within the community. Land use plan- ning is beginning to change with these considerations in mind. Much progress has been made in monitoring and reducing fixed or "point sources' of pollution, such as factories and power plants. Pollution from.. non -point„ or mobile sources, such as motor vehicles, private prop- erty, etc., continues to prove an illusive challenge. As Santa Clara County continues to be the population and employment growth center of the re- Bion, residents, employers and municipalities must take responsibility for the impacts of air pollution on the quality of life. The policies and strategies identified in the "Green Building” and "Energy" portions of this General - Plan and those listed below are designed to improve air quality to a healthy and sustainable level. REGIONAL, STATE AND FEDERAL PLANNING Air quality standards are established by both the' State Air Resources Board and the Federal Environmental Protection Agency air quality man- agement agencies. The Bay Area Air Quality Management District: has the responsibility to: create compliance strategies, and monitor and enforce State and Federal standards in the nine county Bay Area District. Bay Area air quality has improved significantly over the past 20 years of air quality planning and control efforts, in spite of substantial increases in population, traffic and industrialization. The last full Air Quality Plan was adopted in 1991 and there have been three updates since, including the last in Decem- ber 2000, to assess compliance and adopt needed measures to meet those standards that are still not met in the Bay Area. In 2002, the District was designated as non-compliant only for State and Federal ozone standards and for State particulate standards. Local government agencies are ex- pected to participate in adopting policies to support District, State and Fed- eral air quality management planning. F 1 ' 7 17 CITY OF CUPERTINO DRAFT GENERAL PLAN 5-10 ENVIRONMENTAL RESOURCES/ SUSTAINABILITY RESPONSIBILITIES OF THE CITY While air quality is often regarded as a regional or state problem, it is important for local land use and growth decisions to support improve- ments in air quality. The land use, circulation, energy and environmental policies that comprise this General Plan will contribute to meeting BAAQMD and ARB Air Quality improvement plans. GOAL D HEALTHY AIR QUALITY LEVELS FOR THE CITIZENS OF CUPERTINO UTILIZING LOCAL PLANNING EFFORTS Policy 5-4. Air Pollution Effects of New Development Minimize the air quality impacts of new development projects. Strategies 1. Toxic Air Contaminants. Review projects for potential generation of toxic air contaminants at the time of approval and confer with BAAQMD on controls needed if impacts are uncertain. 2. Dust Control. Require water application to non-polluting dust con- trol measures during demolition and the duration of the construc- tion period. 3. Planning Decisions. Assess the potential for air pollution effects of future land use and transportation planning, and ensure that plan- ning decisions support regional goals of improving air quality. Policy 5-5: Air Pollution Effects of Existing Development Minimize the air quality impacts of existing development. Strategies 1. Public Education Program. Establish a Citywide public education program regarding the implications of the Clean Air Act and pro- vide information on ways to reduce and control emissions; provide information about carpooling and restricting physical activities on "Spare the Air" high -pollution days. 2. Home Occupations. Expand the allowable home occupations in residentially zoned properties to reduce the need to commute to work. 3. Tree Planting. Increase planting of trees on City property and en- courage the practice on private property. 4. Fuel-efficient Vehicles. Maintain City use of fuel-efficient and low polluting vehicles. CITY OF CUPERTINO DRAFT GENERAL PLAN ENVIRONMENTAL RESOURCES/ SUSTAINABILITY 5-11 5 Work with Cour EST to monitor and influence improvement of emis- sions and dust from the Hanson and Stevens Creek Ouarriies on the West end of the City. Policy 5-6e Walking, Jogging and Bicycling Encourage walking, jogging and bicycling instead of driving in the ClSEE POLICY 4-3 IN ty. THE `J CIRCULATION ELEMENT )Policy 5-7. Use of Open Fires and Fireplaces Discourage high pollution fireplace use. Strategies 1. BAAOMD Literature. Make available BAAQMD literature on re- ducing pollution from fireplace use. 2. Installation of New Fireplaces. Prohibit the use of wood -burning fireplaces in new construction. Mdiife and Vegetation Biodiversity, which includes a diversity of plants and animals found in nature, provides the foundation for the ecosystems that are required to sustain life. The City's current and continued health and prosperity de- pends, in part, on the ability of its natural resources to renew themselves. Cupertino's wildlife and natural vegetation resources are concentrated in the relatively undeveloped western foothills and mountains and along Stevens Creek, not on the valley floor. Urbanization of the valley floor has rendered this environment ill-suited .to the needs of wildlife and native plants. Most of the native vegetation was removed by historic agricultural activities and the introduction of non-native grasses and crops. Native vegetation was further reduced by the more recent construction of homes, businesses, industries and infrastructure that supports the community. Fire also threatens vegetation and the animals that depend on it. for food and shelter. The loss of vegetation also meant a concomitant loss of wildlife habitat that provided food, cover and shelter for numerous wildlife species. STREAMS9®ES Riparian vegetation grows along stream courses where there is fertile soil, and ample water. It often appears as. a distinct band of vegetation when contrasted against other uses. Such vegetation can. be found along Stevens Creek, Permanente Creek, Regnart Creek, Heney Creek and a por- tion of Calabazas Creek. Common plants include: willow, California buck- eye, Coast live oak, coyote brush, poison oak and California blackberry. Riparian habitats are considered among the most valuable habitats of wild- life because of the presence of water, lush vegetation and high insect popu- CITY OF CUPERTINO DRAFT GENERAL PLAN 5-12 ENVIRONMENTAL RESOURCES/SUSTAINABILITY lations. Less disturbed riparian areas support a wide variety of wildlife, including amphibian, reptile, bird and mammal species. GRASSLANDS Grassland habitats occur on the lower slopes of the western foothills and at scattered locations at higher elevations in the Montebello Ridge sys- tem. Much of these areas were formerly used for pasture and are largely composed of non-native grasses. Plant species occurring in this habitat in- clude wild oat, clover, rye grass and vetch. During the spring season, dis- plays of wildflowers are expected which may include California poppy, plantago and owl clover. Reptile and mammal species adapted to dry conditions are common in this habitat. They include the western fence lizard, western rattlesnake and the common king snake. Mammals include a variety of burrowing rodents, such as meadow mice and California ground squirrel. BRUSHLANDS Brushlands are a scrubby, dense vegetation type that often integrates with woodland habitat. This vegetation is often found on dry, rocky, steep slopes. Dominant plant species include coyote brush, poison oak, Califor- nia sage and ceanothus. Mule deer, brush rabbit, bobcat and coyote utilize brushlands as part of a larger home range. FOOTHILL WOODLANDS AND FORESTS Characteristic of the woodland vegetation are scattered oak trees with an undergrowth in some areas of plants and low shrubs. Higher elevations in the Montebello Foothills include mixed hardwood trees and evergreen, including redwoods. Woodlands benefit wildlife as. a food source, and as shelter, nesting or cover; they help control erosion from foothill drainage basins; they reduce wind speeds, increasing the oxygen in the atmosphere and neutralizing certain pollutants. Woodlands provide visual relief from the urbanized valley. floor. The Montebello Ridge systems extensive tree cover gives seasonal color varia- tion, variety of shape and definition of hillside contours. Insect or seed eat- ing birds and mammals are common in the woodlands and are preyed upon by raptors and owls that also inhabit these areas. The larger mam- mals, ammals, deer coyote, etc., utilize these areas as well. GOAL E PROTECTION OF SPECIAL AREAS OF NATURAL VEGETATION AND WILDLIFE HABITATION AS INTEGRAL PARTS OF THE SUSTAINABLE ENVIRONMENT. Policy 5-8: Public Project Landscaping Encourage public and quasi -public agencies to landscape their city area projects near native vegetation with appropriate native plants and draought tolerant non-invasive non-native plants. CITY OF CUPERTINO DRAFT GENERAL PLAN ENVIRONMENTAL RESOURCES/ SUSTAINABILITY 5-13 Strategy Development Plans.. Review development plans for opportunities for -use of native plants and drought tolerant non-invasive non- native plants. Policy 5-9e Development Near Sensitive Areas Encourage the clustering, of new development away from sensitive areas such as riparian corridors, wildlife habitat and corridors, pub- lic open space preserves and ridgelines. New developments in these areas inust have a 71ar111U1•IIOUS landscaping plans approved prior to development. Strategy Riparian Corridor Protection, Require riparian corridor protection through a riparian corridor ordinance and through the develop- ment approval process. .Policy 5-10e Landscaping Near Natural Vegetation Emphasize drought tolerant and pesticide -resistant native and non- invasive non-native drought tolerant plants and ground covers when landscaping properties near natural vegetation, particularly for control of erosion from disturbance to the natural terrain. Policy 5-110 Natural Area Protection Preserve and enhance the existing natural vegetation, landscape features and open space when new development is proposed. Strategy Native Plants. Requi Encourage drought tolerant native and drought tolerant non-invasive lion -native_ plants and trees, and minimize lawn area in the hillsides. ]Policy 5-12: Hillside ]Property Fencing Confine fencing on hillside property to the area around a building, rather than around an entire site, to allow for migration of wild animals. Policy 5-130 .Recreation in Natural Areas Limit recreation in natural areas- to activities compatible with pre- serving natural vegetation, such as hiking, horseback ridin ig_noun- tain biking and camping. 1 Y' CITY OF CUPERTINO DRAFT GENERAL PLAN 5-14 ENVIRONMENTAL RESOURCES/ SUSTAINABILITY Policy 5-14. Recreation and Wildlife Trails Provide open space linkages within and between properties for both recreational and wildlife activities, most specifically for the benefit of wildlife that is threatened, endangered or designated as species of special concern. Strategy Require identification of creeks and water courses on site plans and require that they be protected from adjacent development. State that trail easements for trail linkages may be required if analysis de- termines that they are needed. CITY OF CUPERTINO DRAFT GENERAL PLAN ENVIRONMENTAL RESOURCES/ SUSTAINABILITY (insert Figure 5-A Vegetation here) CITY OF CUPERTINO DRAFT GENERAL PLAN 5-15 5-16 ENVIRONMENTAL RESOURCES/ SUSTAINABILITY (back of Figure 5-A) CITY OF CUPERTINO DRAFT GENERAL PLAN ENVIRONMENTAL RESOURCES/ SUSTAINABILITY Maness Resources Longstanding extraction of mineral resources in the Cupertino area has provided valuable construction materials to the region. At the same time, the air quality, noise and traffic impacts on the community created by extraction activities quarries need to be addressed. The State of California, recognizing the value of preserving the State's mineral deposits; in order to achieve a sustainable future, enacted the Sur- face Mining and Reclamation Act of 1975 (SMARA). The objective of SMARA is to assist local governments in conserving mineral deposits for future use. These mineral resource areas are shown in Figure 5-B. This map identifies natural resource areas and requires that jurisdictions recognize them and emphasize conservation and development of these areas. There are mineral resource areas in the City's boundary agreement.ar- eas and in the City limits. Within Cupertino's boundary agreement areas there are two quarries, Hanson Permanente and Stevens Creek, which have been designated by the State as having mineral deposits of regional or state significance. Since the quarries are in the unincorporated area, Santa Clara County has regulatory jurisdiction. The County's mineral resource policies are directed toward preserving existing resource areas and, where feasible, designating new areas and expanding existing sites. Within Cupertino's City limits there are classified mineral resource ar- eas for which the State requires policies supporting preservation and ex- traction. Most of the areas are already developed into residential and other uses. One area, the "Gravel Pit" is considered depleted.. These areas, there- fore, would not benefit from conservation. The areas that would benefit from conservation are outside the City limits. Cupertino's proposed policies recognize the existence and potential of the identified mineral resource areas. However, proposed policies reflect an underlying assumption the quarries should be limited to their existing operations in terms of noise and traffic. For many years, Cupertino resi- dents have expressed concern about quarry pollution, noise and traffic. Cupertino officials have stated at public hearings that the operation ,con trols and limits should be set. New areas could be accessed as long as cur- rent noise and traffic levels are not exceeded and environmental concerns are met. GOAL F MINERAL RESOURCE AREAS THAT MINIMIZE COMMUNITY IMPACTS AND IDENTIFY FUTURE USES Policy 5-150 Mineral Resource Areas Consider new mineral resource areas within Cupertino's sphere of influence, but the cumulative impact of existing and proposed ac- tivity should not exceed present operations in terms of noise and traffic. Work with Santa Clara County to assure that mining opera - CITY OF CUPERTINO DRAFT GENERAL PLAN 5-17 5-18 ENVIRONMENTAL RESOURCES/ SUSTAINABILITY tions outside the City limits are consistent with the City's General Plan, that restoration plans are adequate, and that mining activity is not extended into undisturbed lands without adequate documenta- tion of economic purpose and environmental impacts and mitiga- tions. Strategies 1. Traffic and Noise Studies. Perform traffic and noise studies if ap- plications for increased mineral extraction activities are proposed. 2. Joint Study Process. Establish a joint study process in the sphere of influence and boundary agreement areas with Santa Clara County to reach agreement on future land uses and mineral extraction ac- tivities. Policy 5-16: Mineral Extraction Controls Control scenic restoration and noise pollution as well as air and wa- ter pollution in mineral extraction quarrying, processing and trans- portation Policy 5-17. Incompatible Land Uses Conserve mineral resource areas outside the City. Strategy New Development. When new development is proposed, do not allow incompatible land uses in and around identified mineral re- source areas. Uses considered incompatible are high density resi- dential, low density residential with high unit value, public facilities and industrial and commercial uses with intensive im- pacts. Policy 5-18: Recreation at Old Quarries Consider the desirability of designating abandoned quarries for passive recreation to rehabilitate the land. Water Resources The City's sustainable future is, in part, dependent upon an adequate supply of clean water as well as the effective management of natural wa- tershed resources. In addition to fundamental health and sanitation, an adequate potable water supply provides significant public and private benefits such as irrigation, ecological habitat, recreation opportunities and aesthetics. CITY OF CUPERTINO DRAFT GENERAL PLAN ENVIRONMENTAL RESOURCES/ SUSTAINABILITY 5-19 In recent years water management emphasis has shifted away from supply side efforts such as the creation of dams and reservoirs to water conserving and efficiency technologies used in planning, . design and con- struction of sites, buildings and land uses. (insert Figure 5-B Mineral Resources here) h 41" CITY OF CUPERTINO DRAFT GENERAL PLAN 5-20 ENVIRONMENTAL RESOURCES/ SUSTAINABILITY PRESERVATION OF WATERSHEDS The Cupertino planning area has a very productive watershed lands, with abundant vegetation and heavy rainfall. This watershed is important to the City, the county and the region as surface runoff flows into the stream corridors and storm drain systems and eventually terminates at the wildlife refuges and environmentally sensitive areas of the southern por- tion of San Francisco Bay. It is, therefore, crucial that the City's watershed, including stream corridors, be protected from pollutants, siltation, sedi- mentation erosion and loss of vegetation. GOAL G PROTECTION AND EFFICIENT USE OF WATER RESOURCES Policy 5-19: Natural Water Bodies and Drainage Systems Require that site design respect the natural topography and drain- ages to the extent practicable to reduce the amount of grading nec- essary and limit disturbance to natural water bodies and natural drainage systems caused by development including roads, high- ways, and bridges. Policy 5-20: Reduction of Impervious Surfaces ■ Minimize storm water flow and erosion impacts resulting from de- velopment. .-etc—.to include a formula regulating how much face is allowable on each >uld include drivewa and patios installed at the time of building or remodeling. Encourage the use of non -impervious materials for walkways drive- ways ete... if used in a Ci1y or quasi -public area, mobility and access for handicapped should always take precedent. Strategy 1Vlinim;ze impervious surface areas, minimizing directly -connected impervious surfaces, maximizing onsite infiltration and using on- site retaining facilities. Encourage volunteer organizations to help restore and clean the creek beds. (Note: We'd need an organization like Parks and Rec or the City Arborist or other City Staff member to provide facilitation, set priorities, etc...) Policy 5-21: Pollution and Flow Impacts Prior to making land use decisions, estimate increases in pollutant loads and flows resulting from projected future development. CITY OF CUPERTINO DRAFT GENERAL PLAN ENVIRONMENTAL RESOURCES/ SUSTAINABILITY 5-21 Strategy Best Management Practices. Require incorporation of structural and non-structural Best Management.Practices (BMPs) to mitigate the projected increases in pollutant loads and flows. ]Policy 5-22e Connpact Development Away front Sensitive Areas Where such measures do not conflict with other municipal pur- poses or goals, encourage, via zoning ordinances, compact devel- opment located away from creeks, wetlands, and other sensitive areas. Policy 5-23: Conformance with Watershed -Based Planning and Zoning Encourage development projects to follow watershed -based plan- ning and zoning by examining the project in the context of the en- tire watershed area. GROUND WATER RECHARGE FACILOT@ES The Santa Clara County groundwater basin is the largest water supply in Santa Clara County. It has an estimated capacity of 1,770,000 acre feet, compared to reservoir, capacity of only 160,000 acre feet. The Santa Clara Valley Water District prevents an excessive amount of water from being drawn from wells by placing recharge sites (percolation ponds) throughout the valley where the geological composition of the soil is suitable. Two of these sites are located in Cupertino. Policy 5-24o Ground Water ][recharge Sites Support the Santa Clara Valley Water District to find and develop groundwater recharge sites within Cupertino's planning area and provide for public recreation. at the sites where possible.. Policy 5-250 Other Water Sources Encourage the research of other water sources, including water reclamation. Policy 5-26a Industrial Water Recycling Encourage industrial projects, especially at the: building permit approval stage,. to have long-term conservation measures including recycling equipment for manufac- turing and pooling water supplies in the plant. Work with the Cu- pertino Sanitary District to carry out this policy. NN r`r CITY OF CUPERTINO DRAFT GENERAL PLAN Y 5-22 ENVIRONMENTAL RESOURCES/ SUSTAINABILITY Policy 5-27. Natural Water Courses Retain and restore creek beds, riparian corridors, watercourses and associated vegetation in their natural state to protect wildlife habitat and recreation potential and assist groundwater percolation. En- courage land acquisition or dedication of such areas. Strategy Santa Clara Valley Water District. Work with the Santa Clara Val- ley Water District and other relevant regional agencies to enhance riparian corridors and provide adequate flood control by use of flow increase mitigation measures. OTHER WATER RESOURCES Cupertino has two major water suppliers: the California Water Com- pany and the San Jose Water Company. Water comes from two main sources: wells fed by groundwater, and imported water from the Rinconada Treatment Plant. Cupertino receives approximately 1.7 million gallon a day from the underground sources and about 4.5 million gallons a day from the Rinconada plant. Stevens Creek Reservoir yields about 2,500 acre feet per year to the seasonal run-off from groundwater recharge. The Santa Clara Valley Water District projected the total demand for Cupertino at about 6.85 million gallons a day, which can be reduced through conservation. Cupertuzo residents consume approxi- mately 131 .7 gallons on water per day (6.85 MM gallons per day/52,000 residents) which compares favorable to the Bay Area average of 161.2 gal- lons per day (Bay Area Water User Associations). However this does not mean further conservation is not necessary. URBAN CONSERVATION Climatic conditions of the region vary from periods of relatively dry seasons to seasons of heavy rainfall. In recent times, the region has experi- enced periods of drought in the mid-1970s and the late 1980s. Given the cyclical nature of the climatic conditions, it may be assumed that the region will experience additional periods of drought in the future. During these past periods of drought, the two water companies within the boundaries of the City imposed water restrictions on their customers in response to the Santa Clara Valley Water District's policy to reduce overall water usage by 25% during the months of high water usage. The policy is periodically reviewed based upon water reserves, water usage and rainfall amounts. Ground water pumping was also restricted during drought peri- ods because over -pumping lowered the water table and ground subsidence occurred throughout the Valley. The Santa Clara Valley Water District does not have sufficient allocation from the California Water Project nor the Federal Water Project, so water conservation is of great economic, social and environmental importance. CITY OF CUPERTINO DRAFT GENERAL PLAN ENVIRONMENTAL RESOURCES/ SUSTAINABILITY 5-23 Citywide, the majority of the water connections and usage is residen- tial. Therefore, the burden of water conservation falls largely on residential users. Even though the number of industrial connections may be less than residential, consumption is high per connection and conservation measures are still warranted. The Santa Clara Valley Water District indicates it has the ability to meet the long-term water needs of Cupertino water retailers. The District Water Supply Master Plan has planned for growth, based upon the maxi- mum growth potential of all municipalities in the District, which does not exceed ABAG's projections. In the 2001 session, the State Legislature and: Governor enacted Senate Bills 221 and 610, which require that projects should not be planned or ap- proved without access to a reliable and sustainable water source. SB 610 requires that Urban Water management Plans must be prepared and/or expanded to include supply and demand, conservation, drought contin- gencies and sustainable sources; also, water supply information must be incorporated into any environmental evaluation required pursuant to The California Environmental Quality Act for certain projects. Policy 5-28: Interagency Coordination Actively pursue interagency coordination for regional water supply problem solving. Policy 5-29: Local Conservation .Policies Shnalar to Region -wide Policies Maintain citywide efforts of water. conservation similar to those be- ing conducted on a regional scale. Many of these conservation ef- forts are outlined in the Santa Clara Valley Water District Drought Plan and Countywide Water Use Reduction program. .Policy 5-30: Public Information Effort Provide the public information regarding water conserva- tion/efficiency techniques including how -paving and other imper- vious surfaces impact runoff. Strategy Consider sending regular notices to households and businesses on water prohibitions, water allocations and conservation tips. Become a relarly featured article in the Cupertino Scene, Courier and Guide. Provide conservation videotapes on the City's government channel. Include Water -wise demonstration gardens in eac-1:,,-some parks where feasible as they are relandscaped or improved using draught tolerant native and non-invasive non-native plants. S� CITY OF CUPERTINO DRAFT GENERAL PLAN 5-24 ENVIRONMENTAL RESOURCES/ SUSTAINABILITY Work with the County Master Gardeners to identify water -wise plant materials and irrigation methods for use in public and private areas. This information should be posted on the Sustainable por- tion of the City's web site in included in Cupertino Scene Sustain- able column. Policy 5-31: Excessive Water Use Prohibit excessive water uses throughout the City. Strategies: 1. Landscaping Plans. Encourage water -efficient landscaping plans as SEE Mur part of the development review process. CRA= 2. Water Conservation Programs. Undertake programs for long-term water conservation at City Buildings, including installation of low flow toilets and showers, installation of automatic shut off valves in lavatories and sinks and water efficient outdoor irrigation. URBAN RUNOFF POLLUTION Urban runoff pollution is caused by the accumulated debris and chemicals on streets and pavements that are carried by water runoff into the storm drain system and eventually into San Francisco Bay. Unlike pol- lutants that come from a point source, such as sewer pipe, urban runoff pollutants are washed from streets, parking lots, neighborhoods, construc- tion sites and other exposed surfaces throughout the City. While urban runoff pollutants come from a variety of sources, many of them are familiar to residents because they originate from the home and automobile. They include detergents, paint products, pet wastes, garden pesticides, fertilizers, eroded soils, motor oil and car exhaust. Since the storm drains are separate from the sanitary sewers, pollutants carried by water runoff into the storm drain are not treated and flow directly into the creeks and streams that feed San Francisco Bay. Previously, it was widely believed that wastewater treatment plants industries and other sources were the main contributors of contaminants to the Bay. Today, urban runoff is recognized as a significant contributor to Bay pollution. The concentrations of pollutants can have deleterious effects on aquatic wildlife, which include the impairment of growth, reproduction and overall health of sediment -dwelling organisms, fish and other wildlife. Some toxic substances accumulated by aquatic organisms enter the food chain when consumed by larger fish, birds or humans. GOVERNMENT ACTION To comply with an National Pollutant Discharge Elimination System (NPDES) Municipal Storm Water permit, enforced by the San Francisco Bay Regional Water Quality Control Board, the 15 local municipalities formed the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP). The SCVURPPP works with the participating agencies and the Regional Board to Develop feasible solutions to controlling urban run - CITY OF CUPERTINO DRAFT GENERAL PLAN ENVIRONMENTAL RESOURCES/ SUSTAINABILITY 5-25 off quality. In addition, Cupertino is required to prepare a city -specific Ur- ban Runoff Management Plan. This plan identifies the strategies, tasks and schedules needed to implement a wide array of pollution control measures. Initially, many of the urban runoff pollution control measures cen- tered entered on education and eliminating illegal discharges. As the public has become more aware of the urban runoff problem and illegal discharges elimination, the focus has shifted to controlling the impacts of new and re- development. GOAL H NPROVE® QUALITY OF STORM WATER RUNOFF Policy 5-32: Urban Runoff Pollution Prevention Program Support and participate in the Santa.Clara Valley Urban Runoff Pol- lution. Prevention Program (SCVURPPP) in order to work coopera- tively with other cities to improve the quality of storm water runoff discharge into San Francisco Bay. Policy. 5-33: Illicit Discharge into Stonn Drains and Waterways Prohibit the discharge of pollutants and the illicit dumping of wastes into the storm drains, creeks and waterways. Policy 5-34. Storni Water Runoff Encourage the reduction of impervious surface areas and investi- gate opportunities to retain or detain storm runoff on new devel- opment. Policy 5-35. Developnxent on Septic Systems Do not permit urban development to occur in areas not served by a sanitary sewer system, except in the previously approved Regnart Canyon development. ]Policy 5-360 Mitigation for Potential Storm Water Impacts Require mitigation measures for potential storm water pollutant impacts for projects subject to environmental review. Policy 5-370 ]Pest -Resistant Landscaping and Design .Features The City will encourage the consideration of pest -resistant land- scaping and design features, and the incorporation of storm water detention and retention techniques in the design and landscaping of proposed development projects The City will reduce runoff from the use of pesticides and chemical fertilizers from public and quasi -public land, by employing coin- � �IS R CITY OF CUPERTINO DRAFT GENERAL PLAN 5-26 ENVIRONMENTAL RESOURCES/SUSTAINABILITY Manion planting techniques, using pesticides such as insecticidal soaps and oils, mulching, release of beneficial insects, etc...as ap- propriate. SOLID WASTE In recognition of the concerns expressed regarding the diminishing landfill capacity and the scarcity of potential landfill sites to meet the fu- ture solid waste disposal needs, the State Legislature passed AB 939, which required that cities reduce the amount of waste going to landfill sites. The State mandated requirement was a two step process: a twenty-five (25) per- cent reduction by 1995 and a second twenty-five (25) percent reduction by 2000 for a total reduction of fifty (50) percent. The City has now reduced the solid waste tonnage disposal to comply with the State mandated re- quirements. The Los Altos Garbage Company provides garbage pickup and recy- cling services to the City of Cupertino. The Cupertino residents and indus- tries dispose of approximately 38,000 tons of garbage annually. Residential land uses account for 22% of the total tonnage; commercial and industrial land uses account for 40%; debris boxes (construction materials) account for 22%; while self- haul accounts for 16% of the total annual tonnage. Concerns regarding the lack of potential landfill sites to meet future needs for solid waste disposal and growing recognition of the environ- mental impacts associated with landfill usage prompted Cupertino to ex- plore potential solutions to the solid waste disposal problem. To meet its future solid waste disposal needs, the City has executed a contract with Browning and Ferris that provides landfill capacity at Newby Island in Milpitas. The term of the agreement is 35 years and ends in 2023, or at the time the specified tonnage allocated (2,050,000 tons) is reached. GOAL I A SOLID WASTE STREAM REDUCTION PROGRAM THAT MEETS OR EXCEEDS STATE REQUIREMENTS The City is beginning to explore the possibility of expanding its recy.- cling programs to include food waste (to be composted) and construction and demolition waste (to be recycled or reused). In addition, the City is in- vestigating the available options for recycling or disposal of electronic waste. Some of the current options have been shown to be unacceptable for environmental reasons. The City will continue to work to determine the best options for its residents and businesses. Policy 5-38: CommerciaVIndustrial Recycling Expand existing commercial and industrial recycling programs to meet and surpass AB939 waste stream reduction goals. CITY OF CUPERTINO DRAFT GENERAL PLAN ENVIRONMENTAL RESOURCES/SUSTAINABILITY Strategy increase Recycling. Request that all commercial and industrial uses increase their recycling efforts to help the city achieve its recycling goals. Policy 5-39: Residential .Recycling Streamline the residential curbside recycling program in the next decade. All city-wide residential zoning districts should be in- cluded in the curbside recycling program. Strategy Coordination with Los Altos Garbage Company. Work closely with the Los Altos Garbage Company to develop and implement efficient and effective recycling methods. Continue/nl-ie e -waste recycling program. xrr Viand Curbside Recycling of yard waste. Include vegetable; fruit and other appropriate food items, as well as, recycling of non - reusable batteries as the City of Palo Alto does. Policy 5-40: On-site Garbage Area Dedication Modify existing, and require for new developments, on-site waste facility requirements for all multi -family residential, commercial and industrial land uses to have 50% of their garbage area dedi- cated to recycling and no more than50% garbage. Strategy Ordinance Revisions, Revise existing ordinances'relative to on-site waste facility requirements for all multi -family residential, com- mercial and industrial zoning districts to require that a minimum of 50% of garbage area be dedicated to recycling. Policy 5-41: Public Education Promote the existing public education program regarding the re- duction of solid waste disposal and recycling. Strategy Recycling ]grogram Information. Use the local television channel, the Cupertino Scene, the Internet and other available media to pro- vide information to the residents about the objectives of the City's recycling program. CITY OF CUPERTINO DRAFT GENERAL PLAN 5-27 5-28 ENVIRONMENTAL RESOURCES/ SUSTAINABILITY Policy 5-42: City Recycling Encourage City staff to recycle at all City facilities. Strategy Recycling Opportunities. Provide collection bins and increase the number of existing recycling bins at strategically located areas to fa- cilitate disposal of recyclable materials includingall 1 Cily parks. Work with CUSD, FUSD and De Anza College. Partner with Schools/institutions in Cupertino to insure that they understand and are adhering to the City's recycling_ goals and providing ade- q.uate recycling opportunities to staff and students. Policy 5-43: Re -distribution or Reusable Materials Through public education, encourage residents and businesses to re -distribute reusable materials, e.g., garage sales, materials ex- change. Strategies 1. Dissemination of Recycling Information. Disseminate information to both businesses and residents regarding the benefits of recycling and further reducing the solid waste stream. 2. Use of the Internet. Set up a web site for the benefit of the public ,where the availability of recyclable materials can be posted and ex- changes can be conducted. Policy 5-44. Reuse of Building Materials Encourage the recycling and reuse of building materials, including recycling materials generated by the demolition and, remodeling of buildings. Strategies: 1. Post Demolition and Remodeling Projects. Encourage contractors to post demolition and remodeling projects on the Internet an- nouncing the availability of potential reusable materials. 2. Public and Private Projects. Require contractors working on City projects to use recycled building materials and sustainably har- vested wood products to the maximum extent possible and encour- age them to do the same on private projects. CITY OF CUPERTINO DRAFT GENERAL PLAN ENVIRONMENTAL RESOURCES/ SUSTAINABILITY Wastewater Wastewater collection and treatment are provided to the City of Cu- pertino by the Cupertino Sanitary District and the City of Sunnyvale. The majority of the City is served by the Cupertino Sewer District, while the City of Sunnyvale serves only a small portion of the Cupertino Urban Ser- vice area within the San Jose Rancho Rinconada area, which is located ad- joining Lawrence Expressway on the east side of the City. GOAL J ADEQUATE SEWER CAPACITY Policy 5-45a Coordination with the Cupertino Salutary District Provide input into District's Master Plan preparation process to en- sure that issues relevant to Cupertino"s land use policies are ad- dressed, and work closely with the District on the implementation of the General Plan. The Cupertino Sanitary District came into being in 1957. In 1964 it prepared its first Master Plan. Presently the District is in the process of preparing its second Master Plan, a process that will take approximately two years. The Cupertino Sanitary District collects and transports waste water collected in Cupertino to the San Jose/Santa Clara Water Pollution Control Plant located in North San Jose, from which it has purchased 8.6 millions gallons per day (mgp). Presently, the District is only using 5.1 mgp. Therefore, there are 3.5 mgp available to the District to accommodate future growth. The District maintains approximately one million feet of sewer lines. A recent inspection of approximately 100,000 feet of sewer lines revealed that the system is in good condition. However, although the physical con- ditions of the infrastructure appear to be good, there are some problems with the carrying capacity of a number of lines in the system. The lines lo- cated at the Town Center, south of Wolfe Road and south of 1280 on Wolfe Road, Stelling Road and Foothill Blvd. are running either. at capacity or over capacity. In order to accommodate the effluent from major develop- ments, this problem will have to be corrected. The District expects that pri- vate rivate developers will defray the cost of upgrading the affected sewer lines. To transport wastewater collected in Cupertino to the Plant, the Sanitary District must use lines traversing the Cities of Santa Clara and San Jose. Consequently, Cupertino's effluent generated by future growth may im- pact these lines. Therefore, the potential impacts on these lines must be considered. The City of Sunnyvale provides wastewater treatment service for two blocks of Cupertino's commercial properties along east Stevens Creek Boulevard. This service area also includes unincorporated single-family residential properties within the Cupertino Urban Service area. The City of. Sunnyvale Wastewater Treatment Plant has a daily treatment capacity of 29 mgd of which approximately 15 mgd are being utilized. The City of Sunnyvale can continue to provide treatment capacity for future growth in CITY OF CUPERTINO DRAFT GENERAL PLAN 5-29 r�i t 5-30 ENVIRONMENTAL RESOURCES/ SUSTAINABILITY its Cupertino service area. However, the trunk service mains and other por- tions of the sewer main system would probably have to be upgraded by the developers, if large office users are allowed in the Cupertino service area. But it is unlikely that the Stevens Creek Conceptual Plan would be amended to allow office uses in this area because of the need to maintain compatibility with adjoining single-family residential uses. Policy 5-46: Sunnyvale Treatment Plant Consider the impacts on the Sunnyvale sanitary sewer system if significant office uses are proposed in the east Stevens Creek Boulevards area. Policy 5-47. Vallco Parkway Recognize that new high discharge users in the Vallco area and the Stevens Creek Boulevard and Blaney Avenue area will require pri- vate developers to pay for the upgrading of tributary lines. Strategy Cost Estimates. Develop preliminary cost estimates for the upgrad- ing of the sewer tributary lines to discuss with prospective devel- opers. RESOURCES: We'd like to thank Julie Philips, Director, CCC Statewide Energy Man- agement Program and Pat Comely on her staff, from De Anza College for their assistance and the information they have provided. The following resources where used as reference.for this section: PG&E, www.pge.com (search under "sustainable and check-out the rebates!) ■ California Department of Energy: www.energy.ca.gov www.califomiaenergyefficiency.com viww.consumerenergycenter.org/rebate/ index.php database of current rebate and incentive programs. ■ U.S. Department of Energy, www.eere.energy.gov/buildings/highperformance www.sustainable.doe.gov/ma'nagement/geninfo.shtml#1 CITY OF CUPERTINO DRAFT GENERAL PLAN ENVIRONMENTAL RESOURCES/ SUSTAINABILITY El US Green Building Council, www.usgbc.org. Visit this site for in -- formation on the LEEDS (Leadership in Energy & Environmental Design) standard and certification process for "Green Buildings and products". Sacramento Municipal Energy District, www.smud.org, go to the Green Power section of site. ® Sunset Magazine, Sunset: New Western Garden Book and www.sunset.com El Bay Area Alliance for Sustainable Communities, www.bayareaaRiance.org El Sustainable San Mateo,County www.sustainablesa=ateo.org 81 Northern California Solar Energy Association: www.-norcalsolar.org/ tour ® City of Santa Monica, www.ci.santa-monica.ca.us/eiivironment City of Portland Oregon, Office of Sustainable Development, www.sustainableportland.org 91 De Anza College, www.energymanagement.deanza.edu CITY OF CUPERTINO DRAFT GENERAL PLAN 5-31 Section 6 Ill 11111-11A I N I 'I I #1 f"It MR,", 4112 The City of Cupertino will be a safe, progressive and balanced community, where residents can live and businesses thrive in a protected and secure envi- ronment. The purpose of the Health and Safety Element is to identify and evalu- ate hazards in the community and to protect it from the risks associated with these hazards. To ensure the protection of the community, the Health, and Safety Element sets forth goals, policies, and strategies addressing the potential risks associated with these hazards. Implementation of these goals, policies and strategies will prevent- or minimize injuries to life and damages to property. Cupertino will maintain a high level of preparedness to protect the commu- nity from risks to life, property and the environment associated with both natural and human -caused disasters. Natural hazards are earthquakes, floods, wildfires and landslides. Human - caused hazards are usually the result of carelessness, e.g., "I Bases L urban fires, failures of inappropriately designed: structures or long term exposure to excessive noise. Cupertino will m.tm v provide effective and efficient fire services to protect the community from both 'wild and urban fires. It will provide paramedic services and life -safety aid to victims of catastrophic events. Cupertino will also provide health services to promote the well being of the community, police I and crime prevention, services to ensure the safety of the community and Emergency Services disaster planning and training to enhance our ability to respond to disasters. Cupertino is located in the seismically active San Francisco Bay region, which hosts several active earthquake faults. It is important for the community to be prepared for all emergencies. A well-prepared community is better equipped to cope with any eventuality. Cupertino will use all the available channels of communication to keep the community apprised of the potential risks related to geologic and/or seismic activity.. One- of the longest and most actives faults in the world, the San Andreas fault, crosses the western portion of Cupertino's planning area. In addition, two other faults that are closely associated with the San Andreas fault, the Sargent- Berrocal and Monta Vista -Shannon fault systems, cross the west portion of'the City. These faults manifest a variety of displacement styles. Movement on the San. CITY OF CUPERTiNo DRAFT GENERAL PLAN I AW 6-2 HEALTH AND SAFETY Andreas fault is predominantly fight -lateral shilx-slip, where the earth ruptures in a horizontal fashion, with the opposite sides of the fault moving to the right with respect to each other. Movement on the Sargent-Berrocal and Monta Vista - Shannon faults is more variable in style. Both of these faults are characterized by "thrust" faulting, where a significant amount of vertical "up -down (so called dip - slip) displacement occurs on an inclined plane, and one side of the fault is ele- vated (i.e., thrust over) the other side. Figure 6-A below illustrates the above- mentioned behavior of the various faults. A Sangmt - Senoca. SM Aw&eas ralft k l Fadi Big rt Fy. 'i i F 117 or 51dlke—Slipj Fault. H cemeatd Veocilly Mevated Il ck marype: ThrLast I[Up-Slip) Fauk w I Displacemenrc verfocao Figure 6-A. Diagrams Exhibiting Faults Within the Cupertino Planning Area Characterized By Horizontal (A) and Vertical (B) Displacements. The primary geologic hazards within Cupertino are landslides and seismic impacts related to local active fault traces. Seimdcally induced ground shaking, surface fault rupture and various forms of earthquake -triggered ground failure are anticipated within the City during large earthquakes., These geologic hazards present. potential impacts to property and public safety. Six identified categories of Geologic Hazards wifl-dn the City are presented in Table 6-A and are briefly explained. For a more detailed explanation see the Technical Appendix. CITY ®F CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY 6-3 Table 6-A., Explanations.- Geologic and Seismic Hazards Map of t1le City of Cu- pertino Planning Area. ZONE DESCRIPTION (F) - Fault Rupture Area of potential surface fault rupture hazard within 300 feet east and 600 feet west of the Monta Vista and Berrocal faults, and within 600 feet of the San Andreas fault. (D) - Seismic Ground Area. within 2,000 feet of the Monta, Vista and I I Deformation Berrocal faults with a moderate to. high potential for ground fracturing, lurching or warping under seismic. conditions. (L) ® Landsliding Area includes all recognized landslide deposits and steep Stevens Creek canyon walls with a moderate to high landslide potential under static or seismic condi- tions. (I) - Inundation/ Area with moderate to high potential for flood Liquefaction inundation and moderate potential for liquefaction under seismic conditions. (H) - Hillside Area contains moderate to steep slope conditions. not included in the above categories, with an undeter- mined. potential for slope instability. M ® Valley Area includes all relatively level valley floor terrain not included in the above categories with relatively low levels of geologic hazard risk. Following the 1983 Coalinga and 1994 Northridge earthquakes, earth sci- entists became increasingly- aware of earthquakes generated by faults not previ- ously observed at the earth's surface. These types of faults are appropriately called "blind faults," and they represent a type of -thrust fault that does not rup- ture completely to the surface. Even though the locations of "blind faults" may not be known with certainty, they are clearly associated with certain types of geo- logic environments. It is possible that one or more blind faults may be associated with the Monta Vista -Shannon fault system, but significant seismic data collection and analysis would be needed to determine the extent of risk (if any) that "blind faults" may represent within the City. Figure 6-B generally depicts the location of the various known faults and hazard zones within the Cupertino planning area. . . . . . . . . "ISM CITY OF CUPERTINo DRAFT GENERAL PLAN 6-4 HEALTH AND SAFETY Table 6-B provides estimates of the recurrence Intervals of maximum earth- quakes expected for faults that would likely affect the Cupertino area. The recur- rence interval on the San Andreas fault, which last ruptured in 1906, is about 220 years. Data pertaining to the recurrence .Intervals of large earthquakes on the Sar- gent-Berrocal and the Monta Nista-Shannon fault systems are less constrained. However, each year that passes without a major earthquake means that an earth- quake is more likely to occur within any future year. Fable 6-B0 Maximum Earthquake Magnitudes and ReeuiTence Inte1f`vaIs. Distance Maximum Maximum Est. Recur - from Historic Probable rence Interval Causative De Anza/SCB Moment Moment of Max. Probe Faults: Intersection Magnitude Magnitude Earthquake San Andreas 303 Miles 7.9 709 220 Years San Hayward Andreas (South) 10 Mlles 7°0 7°0 236 Years System: Calaveras (Central) 14 Mies 602 700 374 Years ; Sargent 303 Miles 3.7-5.01 60� 330 Years Sargent- Berrocal Berrocal System Monta 2 Miles 2.0-3.0 608 2400 Years Vista - Shannon GOAL A REDUCE® RISKS ASSOCIATED WITH GEOLOGIC AND SEISMIC HAZARDS The following policies will be i HEALTH ANIS SAFETY (insert Figure 6-B0 Seismic and Geological Hazards fold -out map) CI'T'Y of C PERTINo DRAFT GENERAL FLAN 6-5 6-6 HEALTH AND SAFETY (back of Figure 6-B) CITY OF CUPERTINO DRAFT GENERAL PLAN -HEALTH AND SAFETY Policy 6-1. SeismiclGeologic Review Process Evaluate new development proposals within mapped potential hazard zones using a formal seismic/geologic review process. Use Table 6-D of this Hazards Analysis to determine the level of review required. Strategies 1. Acceptable Leve. of'Risk. E)% -.L Ll.16.L.L L7 L..L 1.L\..Lyyy.�. Encourage developers- to consult'with desip-i. professionals rea-arding per - f_ormance-based desip:n to achieve levels of safety that exceed the UrLiform Building- Code The desipa criteria should be the maxim. -Lim credible earthquake for that site Hazardous materials use and storage facilities should airn for the highest level of seismic resistance. 2. Geotechnical ani. 8t dural Analysis. �-s-ab e 6 Q �,. 44�„A 4�„_�, �-_q,prr Require all developers to provide geotechnical anal-ses in keeping the Califorl.-da Environmental OuaWy Act requirements of the L State of California In addition, require any site with a slope exceeding 10% to ref- erence the Landslide Lazard Potential Zone maps of the State of Califor- nia Remove Table 6-C° ` it does not provide any guidance oneg otech studies. 3. Earthquake -Resistant Design Techniques. Encourage new earthquake - resistant design techniques in the design and structural engineering of buildings. 4. Residential Construction. Standards Upgrade. Review construction stan- dards for residences to reduce earthquake damage. Examples include addi- tional bracing for garage openings of two-story and split-level homes an:d increased first story bracing in multiple -fly residences over parking ga- rages. Encourage property owners to upgraded standards in th.ese� situa- tions. Require that any residential facility that is being increased more than 50% in price, or more than 50% in size, conform to the building code then in exis- tence throughout the entire structure Owners of residential buildup sg with known structural defects, such as un -reinforced garage openhags, „Soft first story" construction, tmbolted foundations, or inadequate sheer walls are en- couraged to take steps to remedy the. problem and bring their buildings up to the currernt building code. CITY OF •CUPERTINO DRAFT GENERAL PLAN 6-7 6-8 HEALTH AND SAFETY It may not be practical to improve several types of buildings to incorporate revised earthquake safety standards. Fortunately, most buildings in Cupertino have been constructed in recent years and were designed under a building code that includes components and designs that resist ground shaking. Stip,1 structures identified as "critical facilities" should be re-evaluated, es- pecially those in the high -hazard zones. Many. seismic safety evaluations have been completed. Cupertino's schools Glemply. -i wii�q legal standard-qq��Iied �witl� the Field Act at the time they were built tee- � �_� . The State Department of Transportation (DOT} has a priority program to.. reb:-dorce all freeways. Route 85 was built under current seismic resistance standards,. and the De Anza overcrossing was redesigned to current standards when it was wid- ened. DOT is reviewing other freeway over -crossings to determine ff they need 1_% , ___4 41-% r% -r -r rr - additional work. t&-.,�ee lflLe Lb. A City mandate to evaluate the structural integrity of all non-critical public or private buildings is not, economically viable, but City government should edu- cate residents, employers, and business owners to protect their property and re- duce risk of injury. ACCEPTABLE LEVEL of RiSK Land use and building design standards must relate to the degree of geo- logic and seismic hazards in the zone in which a proposed project would be built so that an acceptable level of risk can be assigned. City Plant-iing staff will work with developers to ensure that all CEQA req-uirements are met, and to encourage performance based design to exceed life safety only, and to seek to achieve con- tinuing functionality of critical infrastructure and facilities where hazardous ma- terials and hazardous wastes are used or stored. Trable (__'__,51x10,V,V,S an ae—tble T CITY OF CuPERTINO DRAFT GENERAL PLAN, EMMIZUZ _Ilt WWO w A Z Z i I.V, M, will! wxWmW�; I.V�q�w IT ZZ MIS Wffli 'T NN IBM qW, W -M -AL -JO WYAP It CITY OF CuPERTINO DRAFT GENERAL PLAN, I-EALTI I AND SAFETY Table. 6-C Acceptable Exposure to .disk Related t® Various Land Uses. Land uses and structural types are arranged below according to the level of exposure to acceptable risk appro- priate to each group; the lowest level of exposure to acceptable risk should be allowed for Group 1 and the highest level of exposure to acceptable,risk for Group 7. —Acceptable Land Use Extra Project Cost To Exposure Group Reduce Risk To To Risk Acceptable Level EXTREMELY Group 1 VULNERABLE STRUCTURES (nuclear As required for. maximum LOW reactors, large dams, plants manufact- attainable safety uring/ storing hazardous materials) Group 2 VITAL PUBLIC UTILITIES, (electrical Design as needed to remain transmission interties/substantions, functional after max. prob. regional water pipelines, treatment earthquake on local faults plants, gas mains) Group 3 COMMUNICATION/TRANSPORTATION 5% to 25% of project cost (airports, telephones, bridges, freeways, evac. routes) SMALL WATER RETENTION Design as needed to remain STRUCTURES functional after max. prob. earthquake on local faults EMERGENCY CENTERS (hospitals, fire/police stations, post -earthquake aide stations, schools, City Hall and Service Center, De Anza College) Group 4 INVOLUNTARY OCCUPANCY FACILITIES (schools, prisons, convalescent and nursing homes) HIGH OCCUPANCY BUILDINGS (theaters, hotels, large office/apartment bldgs.) MODERATELY Group 5 PUBLIC UTILITIES, (electrical feeder 5% to 25% of project cost LOW routes, water supply turnout lines, sewage lines) . Design to minimize injury, loss of FACILITIES IMPORTANT TO LOCAL life during maximum probable ECONOMY earthquake on local faults; need not design to remain functional ORDINARY Group 6 MINOR TRANSPORTATION (arterials 2% of project cost; to 10% RISK LEVEL and parkways) project cost in extreme cases LOW -MODERATE OCCUPANCY BUILDINGS (small apartment bldgs., single-fam. resid., motels, small commercial/office bldgs.) Group 7 VERY LOW OCCUPANCY BUILDINGS Design to resist minor earthquakes (warehouses, farm: structures) w/o damage; resist mod. Earthquakes w/o strut. damage,with some non- struct, damage; resist major OPEN SPACE & RECREATION AREAS earthquake (max- prob. on local CITY OF CUPERTINO DRAFT GENERAL PLAN s, 6-10 HEALTH ANIS SAFETY (farm land, landfills, wildlife areas) faults) w/o collapse, allowing some struc. & non-struc. damage CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY Table 6-D shows. a policy position on the amount of technical evaluation needed to ensure that hazards in new developments are reduced to an acceptable level of risk based on land use. Critical facilities in Cupertino's planning area should be evaluated and modified structurally to withstand a maximum earth- quake. Table 6-D. Technical Investigations Required based on Acceptable Risk. Land Use Activity Hazard Zone Map Symbol F D L H I I V Evaluation Required I Evaluation Required Groups I to 4 UBC UBC Soils Soils Geology Seismic Hazard Seismic Hazard Groups 5 to 7 UBC UBC Soils Soils Geology Descriptions of Technical Evaluations: UBC 1997 (or latest City adopted) Edition, Uniform Building Code Soils Soils and foundation investigation to determine ability of local soil conditions to support structures Geology Determine subsidence potential, faulting hazard, slope sta- bility (See Geologic Hazards Map for additional detail) Seismic Hazard Detailed Soils/ Structural evaluation to certify adequacy of normal UBC earthquake regulations or to recommend more stringent measures -fa -4 ins, mu t remakq intae Vital -.1ities, sueh as fire statiens, and �vater ma -*,L. f -r 1�1`n rnin"ninT" ysTe- 4— t41.e werst prebable �A.L Ly f ault � y 0 LX_ A..L L -L-L L ',-.L L.L� L�.J, lest ef these p faeilare ewne(d by private --aques er publir, n—i-4es Ineyand d4r ities eet Y1��L.LVCLL�- k.1 LL L,1A_0,_ 0 -JA., Qty een tirel. Q:,,vners need-te evaluate the fadlities in terms Of 'ERell pave-4-4al tLV e 14 4 T.-T..a. 1_-LAf %_L.LLJ_L viee er ke LaL 1 -f s c- r,- -e -rt e Tesid-Qapeytin 11 is the rr -11 inwl-pq A� --mary emergeRey-O-Peratiens center fer eeerdinat.4.,R. ,44,,rqf'expq eart-1--ale. T she Qity-m-astbe siret4flat exit eat Varts ef CITY OF CUPERTINO DRAFT GENERAL PLAN' 6-11 6-12 HEALTH AND SAFETY n( i-fY rn 7-t �ifire-.- - (^P /' ��cE�r _ kl c.r' q_e-re v1 e SYS_ F -TT N a dri k and g t Y rem U The State of Calif ori -da and its local governments have developed a variety of building codes to prevent loss of life in the maximuln credible earthquake. It is the policy of the City of Cupertino to endorse performance based desicul of all structures to encourage functionality after the maximum., credible earthqual<e. While even;, earthquake is unique, and the specific shaking intensity ata given site cam -Lot be exactly predicted, facilities that relate to the provision of essential health and safety services should be desigp.ed aid built to achieve post - earth cake functionality. .Policy 6-2o Public Education on Seisinic Safety Reinforce the existing public education program to help residents reduce earthquake hazards. Strategies 1. Covenant on Seismic Risk. Require developers to record a covenant to tell future residents in high-risk areas about the risk and inform them that more information is in City Fall records. This is in addition to the State requirement that information on the geological report is recorded on the face of subdivision maps. 2e Emergency Preparedness. Publish and promote emergency preparedness activities and drills. Use the Cupertino Scene and- website to provide safety tips that may include identifying and correcting household haz- ards, knowing hove and when to turn off utilities, helping family mem- bers eembers protect themselves during and after an earthquake, recommending neighborhood preparation activities, and -advising residents to maintain an emergency supply Cit containing first-aid supplies, food, drinking wa- ter and battery operated radios and flashlights. 30 Neighborhood Response Groups. Encourage participation in Commu- nity Emergency Response Team (CERT) training. Train neighborhood groups to care for themselves during disasters. Assist in neighborhood drills. 4. Dependent Populations. FF e��b�.�R„ r o an'Y1^0 !1'1N lP T y^�� /l YV -y-yv r1 Y 4'l 9'V9 Cz ayi l 1 [,' _ �1 { 1 116.V Mi8 L.11L1L6. law c.t t.a.L Actively cooperate with State agencies that oversee facilities for vul�ler- able populations, to ensure that such facilities conform to all health and CITY OF CuPERTiNo DRAFT GENERAL PLAN HEALTH AND SAFETY safety reauirements, including emer�encv plara-Ling,, training, exercises and employee education. 5° Foreign Language Emergency Ira -formation. Obtain translated emergency preparedness materials and make them available to appropriate foreign language populations. V =1 The City of Cupertino endeavors to provide its citizens with fire and emer- gency services .of the highest standards. This makes Cupertino an attractive and safe place in which to live and do business. Cupertino's. geographical boundaries extend from the lower foothills of the Santa Cruz Mountain Range at its westerly limits to the urbanized valley floor at its -northerly, easterly and southerly limits. For this reason, Cupertino is exposed to hazards from both wild and urban fires. These two types of fire hazards have their own unique characteristics and present different fire -fighting problems. Wild fires are a threat to residents living in the rural areas of the foothills. If not contained, wild fires can have a devastating effect on a community, causing inju- ries and consuming vegetation and structures in their path. Urban fires pose other problems. They may include fires in high-rise buildings, multiple residen- tial structures, or fires in commercial and industrial buildings where highly flammable and toxic materials may be stored. Fire fi 6-14 HEALTH AND SAFETY damage. It is the policy of the SCCFD to respond to 90% of emergency calls in under five minutes. A radius of one and one-half miles is considered to be the ideal service area for a fire station. However, this is not necessarily an absolute standard because there could be conditions that may affect the radius of the service area, e.g., an area developed with large. number of commercial and industrial buildings may require a service area of only three quarters of a mile radius, while for a rural en- vironment of single-family and two-family houses a service area of three to four miles, or more, may be acceptable. Figure 6-C, Fire Service Area Boundaries leap shows the distances from the three SCCFD fire stations. The Map illustrates that the major portion of the community is within a one and one-half mile radius from a fire station. These distances determine potential response time; however, sometimes response time may be affected by traffic congestion and other problems. CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY 6-15 (insert Figure 6 -Eo Fire Service Area Boundaries fold -out map) ryrk y�r f CITY OF CUPERTINO DRAFT GENERAL PLANT 6-16 HEALTH ANIS SAFETY (back of Figure 6-C) CITY of CUPERTiNo DRAFT GENERAL PLAN HEALTH AND SAFETY One of the major goals of fire service is to reduce response time, but this goal may sometimes conflict with City policies, eo g., the City"s policy of discour- aging commute traffic from driving through neighborhoods may delay response time by making it difficult for fire equipment to use direct routes. The use of pri- vate security systems, such as electronically operated entry gates, for planned residential communities may also delay response time. The use of these security measures must be looked at carefully. An increase in calls for fire service and traffic congestion can also erode the Fire Department's critical response time. To compensate, the Fire Department may need to adjust and/or expand staff and. equipment in areas of high service demand and continue its program for placing emergency traffic preemption con- trols at key traffic signals. Potential Fire Hazards, FIRE HAZAR®S IN THE FOOTHILLS AND MOUNTAINS People who live in the foothills and mountains of Cupertino"s Planning area are most at risk from fire. The City is: not directly involved in fire fighting. in the mountains, but fire safety in the- Montebello Ridge and Stevens Canyon area is of extreme importance to Cupertino. Major fires in this area could harm the Stevens Creek watershed by increasing flooding potential, silting up streambeds and reducing recreational opportunities. The vegetative cover, the degree of slope and critically dry weather condi- tions are the three natural factors the California Division of Forestry uses to clas- sify the severity of potential fires in the foothills. Development in the foothills- is typically low density and scattered throughout the area, making fire protection difficult. The degree of hazard to life and. property in these areas is affected not-* only by the fire itself but also by other factors, such as, access roads for fire- fighting and evacuation, the available strength of fire fighting force, the availabil- CITY OF CUPERTINO DRAFT GENERAL PLAN 6-17 Santa Clara County Fire Station, Stevens Creek Boulevard 6-18 HEALTH AND SAFETY ity of water to fight the fire and the effectiveness of building codes and inspec- tion of developments in the fire hazards areas. There are about 16 square miles of land in the mountains of the Cupertino planning area. Any increase in density raises the exposure to fire risks. In 1992, all properties above the 10% slope line were categorized as Hazardous Fire Ar- eas, i.e., land that is covered with grass, brush or forest, and which is also diffi- cult to access. Structures within this area are required to have fire retardant (Class A) roofing, and property. owners are required to continuously clear any brush away from their structures. Such structures are also required to have sprinklers. If a fire were to start in this area., it would be abnormally difficult to suppress. Most of the mountainous land is owned by either the Midpeninsula Re- gional Open Space District or the Santa Clara County Parks System. When the parks are fully active, many people could be exposed to fire risk. GOAL B EFFICIENT AND EFFECTIVE FIRE AND EMERGENCY SERVICES TO PROTECT THE COMMUNITY FROM HAZARDS ASSOCIATED WITH WILD AND URBAN FIRES Policy 6-1 Wild Fire Prevention Efforts Coordinate wild fire prevention efforts with adjacent jurisdictions. Policy 6-4: County Fire Hazard Reduction Encourage the County to put into effect the fire reduction policies of the County Public Safety Element. Policy 6-5: Fuel Management to Reduce Fire Hazard Encourage the Midpeninsula Open Space District and the County Parks Department to continue efforts in fuel management to reduce fire haz- ards. Policy 6-6: Green Fire Breaks Encourage the Midpeninsula Open -Space District to consider, "'greer°' firebreak uses for open space lands. FIRE HAZARDS IN THE URBANIZED VALLEY FLOOR Most people who live and work in the urbanized areas of Cupertino are not exposed to a high risk of fire. The City is served by a well-managed fire protec- tion service as well as a fire prevention program. Buildings in the City are rela- tively new and there is a strong code enforcement program, an adequate water supply and a well-maintained delivery system. However, there are some.geo- graphical areas in the City to which more attention could be directed to reduce potential fire hazards. In urban areas the most serious concern is fires in high rise, multiple -family dwellings and commercial and industrial structures con- taining highly combustible or toxic materials. CITY ®F CuPERTIN® DRAFT GENERAL PLAN HEALTH AND SAFETY GOAL C RRE PREVENTOVE MEASURES THAT WHIM THE LOSS OF LIFE AND PROPERTY Policy 6-7: Early Project Review Involve the Fire Department in the early design, stage of all projects re- quiring public review to assure Fire Department input and modifications as needed. Policy 6-8: Con'tinercial and Industrial Fire Protection Guidelines Coordinate with the Fire Department to develop new guidelines for fire protection for commercial and industrial land uses. Policy 6-9: Fire Prevention and Emergency Preparedness Promote fire prevention and emergency preparedness through city - initiated public education programs, through the government televi- sion channel, the Internet and the Cupertino Scene. Policy 6-10: Multi -Story Buildings Fire Risks Recognize that multi -story buildings of any land use type increase risks of fire. Ensure that adequate fire protection is built into the design and require on-site fire suppression materials and equipment to ensure the safety of the community. Policy 6-11: Residential Fire Sprinklers Ordinance Consider adopting a residential fire sprinkler ordinance. This will re- duce both fire flows- and the need for firefighting personnel and equipment. Policy 6-12: Smoke Detectors A L LL k4_LLV.& Reg 1r. e smoke -detectors in all new residen- tial units, and in all residential. units at tine of sale or rental, in Conformance with State law. Continue to Use the Cupertino Scene to publicize fire hazards correction methods. CITY OF CUPERTINO DRAFT GENERAL PLAN WK 6-20 HEALTH ANIS SAFETY Policy 6-12A0 Wood Sliake Roof A ateinent Adopt an ao-�ressive wood shake roof abatement program to require that 43 any roof that is 25 % or more replaced must use fire retardant materials for all re- placement shakes Wood shake roofs have been outlawed u1 California because of their likelihood to catch fire from external sources, such as burning embers from clleys The law already requires fire resistant shakes on any roof that is 50% or more repaired or replaced BUILDING CODES, FIRE CODES AND OTHER REGULATIONS To minimize potential fire hazards, the City of Cupertino regulates build- ing construction and site planning through the Uniform Fire Code and the Uni- form Building Code. Cupertino°s large commercial and industrial buildings are designed with substantial areas of open space a -round them to preclude the spread of.fire. The City also requires automatic sprinklers and fire detection sys- tems to further reduce risks. In addition, the City and the Fire Department periodically inspect commer- cial and industrial buildings for compliance with the applicable codes. Single- family homes do not require inspection, but smoke alarms are required in all new homes constructed in. the City. The City also supports the retrofitting of ex- isting homes with smoke detectors . Under the Uniform Fire Code, undeveloped or sparsely developed areas possessing characteristics for potentially high fire risk may be designated haz- ardous fire areas. In such areas, the Code regulates building materials, planting material and clearances between structures and planting material. The County Fire Marshal and the Fire Department regulate activities in the fire hazard area, and have the authority to deny access to the public to any area if they determine it is in the interest of public safety. They also administer the Need Abatement and Brush Clearance Ordinance in the hazardous fire areas. The purpose of this Ordinance is to minimize the potential of transference of brush fires and to re duce the potential accidental fires. The City of Cupertino has a good safety record in terms- of fire protection and a minimum of fire losses. This record is reflected in the City`s excellent fire insurance rating of Class 2 (Class 1 is considered a perfect! rating). This low level. of risk is the combined result of the high proportion of new construction which meets current Uniform Building Code standards, and .efficient fire protection. service. Constraints to Firefighting Access is a critical component of fire safety. Fire fighting equipment must be able to reach the location. of the fire as quickly as possible. Likewise, viable means must be provided for residents and visitors alike to escape the dangers of a fire. CITY OF CUPERTINO DRAFT GENERAL PLAN H-E-ALTH AND SAFETY Public road access is severely limited in the hillside rural areas. Emergency access roads run through private property and these property owners are asked to act independently or collectively to maintain fire access roads. Fire equipment needs roads that are passable, have less than 16% grade, a minimum turning ra- dius of 42 feet and sufficient space to turn around. Santa Clara County lists the Montebello Road/ Stevens Canyon area as the fourth highest risk in the County. The road linking Montebello and the Palo Alto Sphere of Influence to the bottom of Stevens Canyon hasbeen improved to ac- ceptable standards as a fire access road. A fire trail extends from Skyline Boule- vard on Charcoal Road to Stevens Canyon. I Road accessibility in the lower foothills is easier. The City requires that all - emergency roads be constructed with an all weather surface. It also requires a private emergency access connection between public streets within Lindy Can- yon and Regnar t Canyon. However, private ' roads are less likely to meet the ac- cess standards. Private roads are not required to be constructed to City standards and, therefore, are usually built to lesser standards than public roads. Moreover, there are no long-term. guarantees that they will be maintained. Dead end roads are risky, especially those long dead end roads that give access to many portions of Regnart Road and Stevens Canyon areas. For this rea- son, alternate access routes are provided via private emergency access routes. GOAL 0 AN ALL. WEATHER EMERGENCY ROAD SYSTEM TO SERVE THE RURAL AREAS Policy 6-13: Roadway Design Involve the Fire Department in the design of public roadways for re- view and comments. Attempt to ensure that roadways have frequent median breaks for timely access to properties. Policy 6-14: Death End Street Access Allow public use of private roadways during an emergency for hillside subdivisions that have dead-end public streets longer than 1,000 feet or find a secondary means of access. Policy 6-15: Hillside Access Routes Require new hillside development to have frequent grade breaks in ac- cess routes to ensure a timely response from fire personnel. Policy 6-160 Hillside Road Upgrades Require new hillside development to upgrade existing access roads. to meet Fire Code and City standards. CITY OF CuPERTINO DRAFT GENERAL PLAN 6-21 6-22 HEALTH AND SAFETY ACCESS TO RESIDENTIAL DEVELOPMENTS Fire and other emergency personnel may be impeded if there are vehicular electronic security gates on residential developments. Therefore, vehicular elec- tronic security gates should be discouraged unless they comply with the General Plan and receive a fence exception. All vehicular electronic security gates should meet the requirements of the emergency service agencies, and attempts should be made to standardize access. Policy 6-17.- Private Residential Electronic Security Gates Discourage the use of private residential electronic security gates that act as a barrier to emergency personnel. Strategies 1. Fence Exception: Require a fence exception for electronic security gates. [Margin note: See Chapter 16.28 of the Cupertino Municipal Code] 2. Access to Gates. Where electronic security gates are allowed, require the installation of an approved key switch. , Water Availability Assuring water availability to the more remote areas in and around Cuper- tino is important to achieving a safe community.' WATER SUPPLY ON MONTEBELLO RIDGE AN® STEVENS CANYON Presently, there are no water systems serving the Montebello Road and up- per Stevens Canyon area, with the exception of Stevens Creek itself. Because there is no water service to these areas, the County requires that each homesite be served by its own individual 10,000 -gallon tank and that a sprinkler system be installed. Theoretically, it is possible to have a jointly owned and operated water storage system to reduce the required amount -of on-site storage of water for each individual property, provided an adequate water main distribution system to serve all homes sharing the joint facility is in place. However, the maintenance and operation costs of such a system could impose an economic burden on the homeowners if there were not enough properties within the system to make the individual share for defraying the costs reasonable. Former private systems in the area proved to be unsuccessful and were ultimately annexed to the major wa- ter providers in the area. WATER SUPPLY FOR FOOTHILL REGIONS WITHIN THE URBAN SERVICE AREA , All development in the Urban Service Area must be served by a water sys- tem that complies with. City standards for household and firefighting use. Presently, a few developed areas, such as lots in the upper reach of Regnart Canyon and a few areas in Inspiration Heights, do not have an adequate water system. However, in the long-term, these areas may receive a better supply of CITY OF CUPERTINO DRAFT GENERAL PLAN -HEALTH AND SAFETY 6-23 water for fighting fires,, as the water system is extended to serve new develop- ment in the area and the, water providers in the area expand -their service area to serve new growth in the area. GOAL E AVAILABLE WATER SERVICE IN THE HILLSIDE AND CANYON AREAS I Policy -18.- Extension of Water Service Encourage the water companies to extend water service into the hffi- side and canyon areas. Policy 6-19: Growth Cooperation Encourage cooperation between water utility companies and the Fire Department in order to keep water systems in pace with growth and firefighting service needs. Policy 6-2®0 Fire Fighting Upgrades Needs Encourage utilities to consider Fire Department firefighting needs when upgrading water systems. Accessibility and availability to an adequate supply of water is extremely important in firefighting. The City of Cupertino is served by two water retailers, which also serve the foothill areas: the San Jose Water Company, which leased the Cupertino Municipal Water System and annexed the Reghn Mutual Water System, and the California Water Company (see Figure 6-D). Together these two systems have adequate water lines and distribution systems to meet the fire flow needs. However, although they meet, the present needs, neither private water system is required to maintain an adequate fire flow under their agreements with the City and fire agencies. The City of Cupertino has taken a number of steps to combat fire hazards. It adopted the current State Fire Code, and declared most of the Santa Cruz Mountain rangeas hazardous fire areas. It has also adopted the following pre- ventive measures: 1) An early review process with, the Fire Department and the City is conducted to- incorporate, fire prevention methods. 2). the City reviews building plans and requires use of fire resistant materials. 3) The City also coor- dinates with and encourages the County of. Santa Clara to uphold the weed abatement program. Policy 6-21.- Residential Fire Sprinklers Require fire sprinklers in new residential construction located in. hill- side areas and flag lots. CITY OF CUPERTINo DRAFT GENERAL ]?LAN 6-24 HEALTH AND SAFETY (insert Figure 6-D. Water Service Map here) CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY Crime and Police Services The sociological climate of a community is of extreme importance to its vi- ability as a desirable place to live and work. Residents rust be able to carry out their routine activities and enjoy the community's assets in an environment free of worries about their well being. Businesses must also feel comfortable and se- cure in the conduct of their activities and: ensured that their investments are pro- tected. The City's commitment to public safety encompasses two broad- areas of re- sponsibilities: 1) to provide public safety services and the planning necessary for the prevention of crime,. and 2) to plan for a safe environment in which the public is not exposed to unnecessary risks to life an property. Cupertino has a very low crime rate, which can be partially attributed to project design techniques and ac- tive community involvements however, changes in future development patterns and an increase in both employment and housing opportunities may affect pub- lic safety. An.'expansion in the retail sector may increase opportunities for thefts and other related criminal activities. An increase in growth may also result i additional vehicular traffic, which increases the risk of automobile accidents. These future changes may reflect a need for additional public safety services. The City recognizes the sociological and psychological effects of the physi- cal environment on human behavior and conducts pre -hearing review meetings for all new projects. This occurs early in the planning g process and involves the Santa Clara County Sheriff _ Depa.rtm:ent, .comrmenting on safety issues. In addi- tion to this early involvement in the planning process, the Sant. Clara County Sherfff Department provides Cupertino with a full spectrum of police services, which include: police patrol services, criminal investigation, traffic enforcement,. accident investigation and: tactical teams. �<� Neighborhood and Community Parks provide open space and recreational opportunities for Cupertino's families. Open space offers a respite from the busy urban environment and present opportunities for people. to engage in physical recreational activities. However,.parks must safe to be enjoyed. Families must be free of worry about the well: being of both adults and children.. who use the facili- ties. Future parks will be designed by using the principles of "'defensible space."' They will be easily accessible from streets, where feasible, to allow neighbors and the police maximum visibility into the park from the peripheral areas. They will -- also take into consideration design: techniques to minimize potential vandalism and crime. RESIDENTIAL DESIGN F®R'®EFENSBBL E SPACE Cupertino's General Plan stresses:: protection of visual privacy. This could conflict with the concept of "defensible. space," if privacy design techniques iso- late households enough so that people feel they are. losing. private and semi- private spaces in residential developments. Design can also be used to create so - CITY OF CUPER TIN° DRAFT GENERAL PLAN 6®25 6-26 HEALTH AND SAFETY cial cohesion, important not only for a planned residential community, but in single-family detached homes as well. Cupertino actively supports a Neighbor- hood Watch Program that offers advice on crime prevention and encourages neighborhood cohesiveness. NoN-RESIDENTIAL DESIGN FOR DEFENSIBLE SPACE Using design techniques to prevent crime in non-residential districts is more prevalent than in residential areas. The key is to design buildings to ease police patrol and help community surveillance. Decisions on crime prevention involve tradeoffs between aesthetics and the ease of access for patrol vehicles, as wen as tradeoff's between privacy and acoustical protection between commercial proper- ties and adjacent homes. Commercial office and industrial properties designed with interior garden properties courts, with private fenced patios and . isolated entrances, have more burglaries and robberies than those that are highly visible. Masonry barriers, earth mounds and landscaping beds are typically used to isolate parking lot noise in commer- cial operations. The County Sheriffs Office believes that these solutions do not increase burglary in adjoining homes. GOAL F HIGH QUALITY POLICE SERVICES THAT MAHNTAM THE COMMUNHTY'S CRIME RATE LOW AND ENSURE A HIGH LEVEL OF PUBLIC SAFETY Policy 6-22: Neighborhood Awareness Programs Support the Neighborhood Watch. Program and others intended to help neighborhoods prevent crime through social interaction. Policy 6-2.1 Public Perimeter Roads for Parks Encircle neighborhood parks with a public road to provide visual accessibil- ity whenever possible. Policy 6-24: Crime Prevention in Building Design Consider the relationship between building design and crime prevention in reviewing all developments. Policy 6-25: Fiscal -Impacts Recognize fiscal impacts to the County Sheriff and City of Cupertino when approving various land use. mixes. Policy 6-26: Pre -hearing Review Continue to request County Sheriff review and comment on development applications for security measures. CITY OF CUPERTiNo DRAFT GENERAL PLAN HEALTH AND SAFETY 6-27 Hazardous Materials Hazardous materials pose a danger to public health and safety. They en- compass a broad range of substances, including materials that are toxic, flamma- ble, explosive or corrosive. Yet these materials are recognized as an integral part of society, used to produce manufactured goods that contribute to our economic well being. and quality of life. I Hazardous. materials are used in manufacturing processes in Santa Clara County and are also part of our everyday life in the form of household chemicals, such as pesticides, motor oil, cleaners and paints. The use, storage and disposal of hazardous materials, including management of contaminated soils and groundwater are regulated by federal, state and local laws and regulations. The transportation,, distribution., storage and disposal of hazardous materials is of great concern to Cupertino. The City has adopted a Hazardous Materials Ordi- nance that regulates the storage of these materials in solid and liquid form. The City's Toxic Gas Ordinance regulates the storage of these materials that are in gaseous form. ELECTROMAGNETIC FIELDS (EMF) Over the past 2® years, concern has been expressed about the potential ef- fects associated with electromagnetic fields from such sources as transmission lines, electrical facilities, antennae and appliances. A number of studies have been conducted to determine potential links be- tween EMF levels and their effects on health. Many of these studies have been controversial and inconclusive, and experts have not agreed on a definitive an- swer., although .any in the international community now consider EMF to be a possible human carcinogen, relating exposure to elevated magnetic fields to a small increase in the- risk of childhood leukemia. Although the potential effects of EMF on health have, not been conclusively demonstrated, it is recommended that the planning review process be expanded to include a review of potential EMF sources to. ensure that their effects., if any, could not impact residential develop- ments or'child care facilities. Policy 6-27: Hazardous Materials Storage and Disposal Require the proper storage and disposal of hazardous materials to pre- vent leakage, potential explosions, fire or the release of harmful fumes. Policy 6-28: Proximity of Residents to Hazardous Materials Assess future residents' exposure to hazardous materials when new resi- dential development of childcare facilities are proposed in existing indus- trial and manufacturing areas. Do not allow residential development. if such hazardous conditions cannot be mitigated to an acceptable level of risk. CITY OF CuPERTiNo DRAFT GENERAL PLAN 6-28 HEALTH AND SAFETY Policy 6-29: Electromagnetic Fields Consider potential hazards from Electromagnetic Fields in the project re- view process. Hazardous Waste In the past, the managing of hazardous waste has relied heavily upon land disposal of untreated hazardous wastes. This approach sometimes led to the con- tamination of both soil and groundwater and is now prohibited. Since 1990, State law has required that hazardous waste must be properly disposed of in ap- proved hazardous waste treatment or disposal facilities. *To accomplish this, new treatment methods and facilities had to be developed and approved to pre -treat hazardous waste before its final disposal Under authority of the 1986 "Tanner" Bill (AB2948), Cupertino, along with 13 other cities, joined the County to jointly develop a comprehensive and coordi- nated planning approach to hazardous waste disposal. The County's Hazardous Waste Management Plan (CoHWMP) was endorsed by the Cupertino City Council in 1990. The CoHWMP directed the County to work with the cities to develop a program to provide residents and small businesses the opportunity to properly dispose of hazardous waste. In 1990, the County and the cities created a county wide Household Hazardous Waste Program, in which Cupertino participates. Policy 6-30: Alteniative Products Encourage residents and businesses to use non- and less -hazardous products, especially less toxic pest control products, to slow the genera- tion of new hazardous waste requiring disposal through the countywide. program. Policy 6-31: Household Hazardous Wastes - Support and help fund the County -wide Household Hazardous Waste Program, to provide residential and small business communities the op- portunity to properly dispose of hazardous waste. Strategy Educational Materials. Publish educational materials about the program in the Cupertino Scene, website and in brochures that are distributed throughout the community. CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY 6-29 Policy 6-32: Hazardous Waste Duping Inform the residential and business communities about the illegality and danger of dumping hazardous material and waste in the storm drain sys- tem or in creeks. Strategy Code Enforcement. Enforce illegal dumping. through code enforcement personnel.. The City is required to identify generalized locations where hazardous waste management facilities could be placed. Figure 6-G on page 29 describes these generalized industrial locations, but does not necessarily ensure that any particular treatment/ disposal facility could be placed in the locations consistent with siting criteria in the County or City HVVMP. Facilities that could typically be placed on sites of the scale available in Cu- pertino would generally emphasize reclamation or recycling of waste products. However, other TSD (Transfer, Storage or Disposal) facilities could include equipment for stabilization of liquid or gaseous contaminants prior to ultimate disposal outside the City,* facilities for reduction or oxidation of compound mate- rials from temporary to permanent storage containers. There are no sites in Cupertino suitable to the development of a residuals repository facility, due to the large-scale site requirements and region -serving nature of such facilities. CITY OF CUPERTINo DRAFT GENERAL PLAN 6-30 HEALTH AND SAFETY (insert Figure 6-E - Generahzed Location of Potential Hazardous Waste Management Sites here) CITY of CUPERTINo DRAFT GENERAL PLAN H__EALTH AND SAFETY Disaster Planning I Disaster Planning is a continuous cycle. of preparation, response, recovery and mitigation. Emergency Management attempts to incorporate these ideas into each of its functional elements: emergency planning, coordination, training and public education. State law requires that cities prepare an emergency plan to respond to natu ral or human -caused disasters that threaten.the lives, property or environment of the community. The Cupertino Emergency Plan establishes an organizational framework to enable the City to manage its emergency response activities and to coordinate with county., state and federal agencies. GOAL J A H�GH LEVEL OF EMERGENCY PREAREDNESS TO COPE WITH BOTH NATURAL OR HUMAN -CAUSED D�SASTERS Policy 6-31 Promote Emergency Preparedness Distribute multi -hazard emergency preparedness information for all threats identified in the emergency plan. Information will be provided through Cardio -Pulmonary Resuscitation (CPR), First Aid and Commu- nity Emergency Response Team (CERT) training, lectures and seminars on emergency preparedness, publication of monthly safety articles in the Cupertino Scene, posting of information on the Emergency Preparedness website and . coordination of video and printed information at the library. THE CUPERTINo EMERGENCY PLAN' "'The City's Emergency Plan has been prepared in accordance with the Standardized Emergency Management System ($EMS). andis used in conjunc- tion. with the State Emergency Plan, the Santa Clara Operational Area Interim Agreement, Santa Clara County Emergency Plan, as well as plans and SOPS of CITY OF CUPERTiNo DRAFT GENERAL PLAN 6-31 (Photo caption here) 6-32 HEALTH AND SAFETY contract agencies and special districts." Within this system, the City Manager is the Director of Emergency Services when a local emergency exists. Support per- sonnel such as City Staff, representatives from Public Safety, special districts and volunteer groups are trained to perform specific functions in the Emergency Op- erations Center. These functions include Management, Operations, Logistics, Planning/ Intelligence and Finance. There are two. parts to the Emergency Plan. The first part includes legal re- quirements and program explanations. The second part addresses the functional responsibilities and checklists of the representatives of the Emergency Opera- tions Center. The plan. 'is reviewed annually and tested through annual disaster drills. CITY EMPLOYEES As DISASTER SERVICE WORKERS During emergencies, all City employees are designated Disaster Service - Workers, under Section 31®® of the California Government Code, and are re- quired to remain at work as long as they are needed. To help prepare for this ad- ditional responsibility, all employees receive training in personal and home preparedness, First Aid, CPR, SEMS and Terrorism Awareness. The City pro- vides opportunities for employees to purchase discount preparedness supplies and offers additional free disaster training through the Community Emergency Response Team program. Policy 6-34: Emergency Service Training Prograin Train employees in disaster preparedness, first aid and CPR. Strategy Conduct Exercises. Conduct exercises regularly to update employee training. VOLUNTEERS As DISASTER SERVICE WORKERS Under the Emergency Preparedness Plan volunteer groups play an impor- tant role by providing specific services. The. City .is part. of a coup wide volunteer services plan.. The Emergency Services staff is worldrig with the Volunteer Center of Silicon Valley to develop a plan for coordinating and deploying volunteers. Pre -disaster volunteers, such as CERT and CARES members, have received appropriate trairdng and equipment to rapidly augment professional disaster workers. Unregistered and untrained volun- teers may be assigned under the supervision of city staff as needed Policy 6-35: Responsibi.lities of Volunteer Groups Clearly define responsibilities of volunteer groups during a local emer- gency. CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY Strategies j. V -4-4--h dhe :M:rA:k7iaP_-r--A 4;s.ster. Develop -pre-disaster agreements with appropriate community groups to provide -specified post -disaster assistance,. througli. the Emer- gency Services Coordinator and with the advice of the City Attorney. 2° d" d"� QP- o ` k1 -Ey"L - __ *a-- _ _ _ JL_ fe-prMAMMANS 2. ImDlement the American Red Cross agreements under the direction of L e Director of Emergency Services (City Mai -Lager) during a disaster. The American Red Cross is the ConressionallV mandated mass care and -shelter -provider in the United States. The Santa Clara Vallev Chapter of the American Red Cross has exisffiag agreements with all secondary. school districts in the county for the use of their facilities as mass care and shelter facilities during anv locally -declared disaster. 2.3. Shelter Providers. Prepare an agreement with designated shelter site to provide space for emergency supply containers. AMATEUR RADIO OPERATORS Cupertino Amateur Radio Emergency Service (CARES) coordinates exten- sive city-wide communications capability and connects neighbors, public safety, special districts, City and County Departments. CARES is a volunteer organiza- tion and space is provided for their operating equipment in the City EOC and alternate EOC. Policy 6-36,- Amateur Radio Operators Continue to support training and cooperation between theCity and Cu- pertino Amateur Radio Emergency Service (CARES) to prepare for emer- gency communications needs. EMERGENCY OPERATIONS CENTER The Emergency Operations Center (EOC) is located on the lower floor of City Hall. It is designed to be. fully functional within 30 minutes of activation. Capabilities includeemergency backup: power- computer network., internet ac-' cess and telephone and radio. communications to City and County, siteE;. Addi- tional communication support is provided by volunteers, from Cupertino Amateur Radio Emergency Service (CARES). The alternate Emergency Opera- tions Center is located- at the Service Center on Mary Avenue. CITY OF CuPERTiNo DRAFT GENERAL PLAN 6-33 6-34 HEALTH AND SAFETY Policy 6-37: Emergency Operations Center Train identified city employees on their functions/ responsibilities in the EOC. COMMUNITY PREPAREDNESS Keep the community well informed and. prepared on how to cope with catastrophic events. Policy 6-380 Emergency Public Information Develop and maintain an Emergency Public Information program to be used during emergency situations. Strategies 1.' Communication Me I thods. Use the local TV channel, the Internet and other communication methods to transmit information to the citizen-ry. 2. Public Information Office. Activate the Public Information Office either in the emergency Operations Center or in City Hall as quickly as possible. Policy 6-39: Convitunity Preparedness ;4-T- vK�%_ Support the CERT program to ensure the development of -neighborhood based emergency pr L eparech-Less throughout the City. Encourage coo-pera- tion with CtRTS in other cities. ACCESSIBILITY TO MEDICAL FACILITIES An earthquake of significant magnitude could temporarily isolate Cupertino from major full-service. hospitals (Figure 6-F). City personnel, paramedics- and local physicians will have to administer first aid until access to the major full, service hospitals is reestablished. Policy 6-4®0 Disaster Medical, Response Coordinate with local emergency clinics to provide disaster medical re- sponse. Coordinate with the CERTs throughout the City to en . sure that they are prepared to proyde medical care at the neighborhood level. Strategy: Memorandum of Understanding. Develop a Memorandum of Under- standing with local emergency clines. CITY OF CuPERTiNo DRAFT GENERAL PLAN HEALTH AND SAFETY I Fig-ure 6-F. Areas Potentially Isolatable in a Seismic Emergency. . Floods are surface hydrological hazards that can have a significant, and sometimes, long lasting effect on a community. They can cause substantial prop- erty damage, and sometimes loss of life. Nationally,. annual, losses from floods generally exceed losses from other natural disasters. , Floods can . ori ate from various sources: heavy rainstorms, landslides and/or dam failure.. Regardless of their source., their impacts on a community can be devastating. Precautionary measures must be taken and preventive meas- ures must be in place to prevent and/or minimize potential damages related to floods. Policy 61-41: EvacuationMap Prepare and update periodically an. evacuation map for the flood hazard areas and distribute it to the general public. Crry OF CuPERTiNo DRAFT GENERAL PLAN 6-35 6-36 HEALTH AND SAFETY - Polka/ 6411. Flood Insurance Map Rate Ensure that FEMA Flood Insurance Rate Maps are developed for the Ci of Cupertino. � R11 A i "IF, Rain related floods are seasonal. They are the most common type of floods, and usually occur during those periods of extended heavy rainfall. One of the contributory conditions to flooding in the urban environment is the reduced per- colation potential of the land, caused by increased development and/or paving. During extended periods of heavy rainfall the open/ undeveloped lands are in- sufficient to absorb the rainfall and become saturated. Once the soils are satu- rated rainfall will sheet flow toward the lower elevations, seeking available outlets. If an adequate storm drainage e system is not in place to dispose of the surface runoff, the end result of the excessive runoff will be floods. Flood Hazards From Landslides Landslides can generate floods by creating water basins. In Cupertino a landslide could occur within a steep ravine at the fringes of the foothills in the more mountainous terrain of the Urban Service Area boundary. In the event such a landslide were to occur in a ravine serving a relatively large watershed, the natural flow of water would be blocked off and water would collect behind the blockage created by the landslide. If appropriate spillways are not provided to relieve the pressure being exerted on the blockage, it could collapse, causing large volumes of water to precipitate down the ravine, causing injuries to people and/or damaging property. Landslides can also create floods, by falling into a dam and/or reservoir -displacing large volumes of water and spilling into the adjacent areas. Such landslides- can also create seiches- (the sloshing action within an enclosed or semi -enclosed body of water), which M* -tam can create, large waves topping the levees and - flo (oling downstream, - causing property damage and injury to developments and residents downstream. Fortunately;: the, water- sheds in this area are relatively small; so the risk of floods caused by landslides is minimal. Flooding resulting from dam failure is yet another hydrological hazard. Causes for dam failure are numerous. They include inadequate design, construc- tion deficiencies, and sometimes poor bearing soils. Dam failure resulting from seismic events are rare. Policy 6-42: Emergency Response to Dam Failure Ensure that Cupertino is prepared to respond to a potential dam failure. CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY 6-37 Strategy: Strategy Emergency and Evacuation Plan. Maintain a dam emergency and evacuation plan. Strategy 2. Emergency Response to Dam Failure. Coordinate dam - related evacuation plans with the City of Sunnyvale to ensure that traffic management between the two cities facilitates Iffe safe . Multiple Occurrences Floods whether related to rainstorms, landslides or dam failure are inde- pendent events, but could also occur simultaneously. For example, a landslide could occur during a flood caused by a heavy rainstorm as a result of the land becoming saturated, possibly weakening the structural integrity of the hillsides or causing displacement of a large amount of stored water. And while the com- bination of rainstorm related flood and a landslide is not totally improbable, the likelihood of a seismic event that could rupture a dam also occurring at the same time is remote. Infrastructure With the exception of some the older areas of the planning area,. such as Monta Vista, the City is served by a storm drainage system to accommodate a 10 - year flood, and the City now requires that all new development adhere to this standard. In addition, the City proposes to upgrade the key parts of the older .system through a long-term capital improvement program, including a project to specifically provide a storm drain system for the Moneta Vista area. The City has not studied in detail the carrying capacity of the existing sys- tem, but it is estimated that it could accommodate the runoff from a 10 -year to a 40 -year flood, although there would be some overflow that would run along -the street gutters but ultimately dissipate into; the. major storm channels and creeks: able to accommodate a 100 -year storm. Heavier storms may cause some flooding of yards,. but flooding of buildings would, be extremely unlikely. As previously mentioned, there are a few areas of the City, such as Old Monta Vista and older areas next to .the. foothills, that are not protected by a storm drainage system. These areas would be subjected to flooding, but it is difficult, if not impossible., to predict the location and extent of the effect of the flooding in these smaller iso- lated areas. The extent of property damage caused by flooding in these areas would be commensurate to the intensity of the flooding, but the risk of loss of life is virtually non-existent. Sediment deposits increase, flood risks. because they clog the drainage sys!- tens. as well as the natural percolation function of the streambeds, which replen- ish the underground water table. Sediment is� caused by natural. erosion as well as erosion induced by development., mostly in the; hillsides. Removing sediment from the drain lines is a major expense. to the City. Preventive measures, such as .......... A7 Crry OF CuPERTIN® DRAFT GENERAL PLAN 6-38 HEALTH AND SAFETY the City's Residential Hillside Ordinance require private hillside construction to install erosion control measures on all cut -and -fill slopes, including roadways, driveways, and house pads, help to minimize the problem. Most water -storage facilities shown in Figure 6-G are designed to with- stand ground shaking. If the magnitude of ground shaking was not previously assessed or if the water facilities were designed before new standards were de- veloped, their structural integrity should be assessed. The City owns three tanks, but they are being leased to the San Jose Water Company. The San Jose Water Company is responsible for the maintenance and safety of the tanks. The City should work closely with the owners of other tanks and the San Jose Water Company to ensure that the structural integrity of all the tanks is maintained in accordance with the latest seismic engineering standards. and that an evaluation of the possible areas of flooding be conducted. Acceptable Level of Risk An. acceptable level of risk is the chance one is willing to accept weighed against the probability of the occurrence of an event that may cause property loss or injury. It is a conscious decision that takes into account the cost/benefit ratio of risk reduction. Risk reduction is proportionally related to cost, the lower the risk, the greater the cost. Flood risks within Cupertino and its planning area are relatively low. There are a number of water storage tanks existing in the hillside areas (see Figure 6-G) that have the potential to inflict property losses and injuries to residents of homes existing in their proximity in the event of failure. However, the probabil- ity of their failure is considered to be very low; consequently, they are considered to be a minimal risk. The largest body of water within the area is the Stevens Creek Reservoir, and the probability of its failure is minimal. Figure 6-G depicts the extent of the inundation potential resulting from the failure of made -made water storage facilities. Stevens Creek and its strearnside are among the natural elements that have the most influence on Cupertino's character. The creek strongly defines the boundary between the urban and rural parts of the City, extends a note of un- spoiled beauty into the heart of the developed valley floor and gives many resi- dents and visitors a space for play, relaxation or study of the creek's plant and animal life. Other creeks traversing the City are Permanente Creek, Regnart Creek and Calabazas Creek. These creeks collect surface runoff and channel it to the Bay. However, they also pose potential flooding risks should their levees be topped as a result of heavy runoff. Land uses in the flood plain should allow the public access to the creek, but materials that would restrict the free flow of the creek waters or significantly dis- turb the riparian environment should be prohibited. CITY OF CUPERTINo DRAFT GENERAL PLAN HEALTH AND SAFETY ' 6-39 The Santa Clara Valley'Water District and the City of Cupertino are actively involved in programs to minimize the risk of flooding. The City developed a flood plain land use policy for the non -urbanized flood.plain of Stevens Creek south of Stevens Creek Boulevard. This ensures the preservation of the 100 -year flood plain and the protection of the riparian corridor along this portion of Ste- vens Creek. The City and the Water District developed a flood management program for the flood! plain of Stevens Creek between Interstate. 280, and Stevens Creek Boulevard. The strategy is to keep the natural environment of Stevens Creek, al- though structural improvement may be necessary to protect properties from a 100 -year flood. The majority of the people living in the Phar Lap Drive and Cres- ton neighborhoods have a high flood risk, but they are partially covered by the Federal Flood Insurance Program. The Santa Clara Water District has now completed the construction of the Calabazas Creek Project, which included the construction of a conduit across In- terstate 280 to red -ace. the barrier effect created by the freeway itself that was built across the natural flood plain. The scope of the project also included improve- ments that should also minimize the flooding problems in the Miller Avenue area. The watersheds in the Santa Cruz Mountain Range feed into four major streambeds that cross the City: Permanente Creek, Stevens Creek, Regnart Creek, C'alabazas Creek. Figure 6-H shows the streambed locations and the extent of a 100 -year flood, which has a one percent chance of occurring during any given year. The 100 -year flood is the standard design flood accepted by the City, the Santa Clara Valley Water District and federal agencies. Policy 6-43: Existing Uses in Me Flood Plain Allow commercial and recreational uses.- that are now exclusively within the flood plain to remain in their present use. or to be use for agriculture. CITY OF CU_PERTIN o DRAFT GENERAL PLANJ. 6-40 HEALTH ANIS SAFETY (insert Figure 6-G Extent of Flooding as a Result of Failure of Man -Made Water Storage Facilities here) CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY (insert Figure 6-H Extent of Flooding as a result of a °°100 -Fear' Flood here) CITY OF'CuPERTiNo DRAFT GENERAL PLAN ,6-41 6-42 HEALTH AND SAFETY Policy 6-44.- New Construction in Flood Plains Adopt stringent land use, zoning and building code regulations limiting new construction in the already urbanized flood hazard areas recognized by the Federal Flood Insurance Administrator. Strategies. - 1. Finish Floor Level, Install the first floor finish level of all habitable space of new construction above the inundation level of a projected 100 -year flood. 2. Description of Flood Zone Regulation. Publish a description of flood zone regulations and a map of potential flood hazard areas in the Cuper- tino Scene. Policy 6-45 Dwellings in Natural Flood Plain Regulate closely all types of habitable development in natural flood plains. This includes prohibiting fill materials and obstructions that may increase flood potential downstream or modify the natural riparian corridors. Policy 6-46: Hillside Grading Restrict the extent and timing of hillside grading operation to April through October. Require performance bonds during the remaining time to guaran- tee the repair of any erosion damage. All graded slopes must be planted as soon as practical after grading is complete. Policy 6-470 Stability of Existing Water Storage Facilities Assure the structural integrity of water storage facilities. Sti-ategy Coordination with other Agencies. Work closely with the San Jose Water*.. Company and owners of other water storage facilities to develop and im- plement a program to monitor the stability of all existing water storage facilities and related improvements, such as: distribution lines, connec- tions and other system -components. CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY 1 6-43 Freedom from excessive noise is a major contributor to a high quality of life. This section gives a policy framework for guiding future land use and urban de- sign decisions and contains a system of control and abatement measures to pro- tect residents from exposure to excessive. or unacceptable noise levels. The noise environment is an accumulation of many different sources., rang_ ing from commonm ' achinery to the major source., street and freeway traffic. The degree to which noise is irritating depends on a variety of factors, some inde- pendent of the, noise source itself. Time of day, background sound level, the hs- tener's activity and surrounding land use can all influence the degree to which a particular sound is perceived as annoying. Value judgments also enter into toler- ance for urban sound levels. Most people tolerate emergency sirens and loud lawnmowers because they represent necessary actions, public safety and neighborhood upkeep. However, loud noises from cars with defective or modi- fied mufflers are usually perceived as annoyances. - Overall noise levels seem to be increasing despite efforts to identify and regulate noise sources. An increasing population density affects traffic on exist ingroads and construction of..new, roads, e.g., 1-85, which opened since the past General Plan was, prepared in 1993, raised overall noise levels. It is not possible to control all noise sources within Cupertino, but. some regulation is needed to offset negative results of excessive noise. Community Noise Fundamentals A more comprehensive discussion of community noise is provided in the technical appendix. This discussion addresses only the basic nomenclature and concepts necessary to understand the technical portions of this noise element. Noise is unwanted sound, and is therefore a subjective- phenomenon that depends upon the:. listener"s- attitude toward the sound. The three elements of community noise. are noise level; noise spectrum- - and, variation in noise level with time. 'Noise level is, measured in dec1bels.'(dB)-. Every noise is composed of vari- ous frequencies that define the character of the noise. Since human hearing is more sensitive to the higher speech frequencies, the .A -weighted frequency net- work is applied, according to national and international standards, to adjust the measured noise level to more closely relate to human perception of loudness. Effective land use planning requires a means to assess various time -varying noise environments for their suitability for various land.-' uses (e.g., housing, commercial, retail, industrial).- Different noise environments have different. time - varying characteristics; for instance: a freeway may . emit a fairly constant noise level for long periods whilean airport may emit many short-term high level noise events punctuated by extended periods- ds- of quiet. To provide a standard measure for community noise exposure the State of California has adopted the -5v_`4111% 11, C= OF CuPERTiNo DRAFT GENERAL PLAN 6-44 HEALTH AND SAFETY Community Noise Equivalent Level (CNEL) as the standard metric (21CAC5000), and is used in this noise element. The CNEL metric is a 24-hour energy average measure that penalizes evening and nighttime noise, and provides a uniform measure for various time -varying noise environments in a way that generally relates to I community annoyance over noise. Rqxesentadve Sounds and and Levels 0mmunity Home or Ondus" (Outdood (indoor) tThmshogd of Pain :] i Rkefing machine AmOkleaVarmnk music (100) 1 AmAMIame s4,11 iren (100) F_ Coal-fired power 01amt UotoccycJe (25) 90 Boiler rem Locomotive (50) _j1F_ Food blender Airline passenger comparkmen't Rai cam (100) Vacuum cleanec (3) - Lwge air cmdNwwing unit (100) Data processing center Lwge ftansfaqmer (2M Opw plan business affim 40 privaL_ In -sects 30 Wet be-&eorn at night mosquitv (3-1, all `%msheM of Hea in m (01 - Figure 6-1. Typical Sound Levels Measured in the Coinmunity; Industry, and Home. CITY ®F CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY 6-45 Nolse Contours Noise contour maps are created for land use planning purposes. The con- tour maps give a visual representation of the noise environment in Cupertino. The noise contours are conservative, meaning that the contours are modeled with minimal noise attenuation by natural barriers, buildings-, etc. The noise level measured at a specific location may be lower than what isshown on the noise contour map.. The purpose of noise element contours is to identify a need for ad- ditional acoustical investigations. Two sets of CNEL noise contours were created: present day conditions (Year 2000) and future conditions (Year 2020). The future conditions were based upon projected housing unit growth of 23% (4,761 units) and projected job growth of 13% (5,792.jobs) . The following figures, 64 and 6-K, represent Existing Year 2000 and Future Year 2020 noise contour maps, respectively. These contours indicate only a slight increase m' noise levels. Nolle Monitoring In order to characterize the noise environment. in Cupertino, existing noise conditions in Cupertino were measured at six locations for a period of -twenty- four hours. The following Table, 6-E, summarizes each measurement's location and corresponding CNEL value. Fable 6-E.- Noise Monitoring Summary. Location CNEL Value Stevens Creek, Blvd at Vallco Financial Ctr. 69 dB. Stevens Creek Blvd. East of De Anza Blvd. 72 dB South Stelling at Tonild- Ct. 73 dB. Stelling North of 1-280. 72 dB Foothill Blvd. at Silver Oak Wy. 76 dB Bollinger Rd. West of T�Iiller Ave.. 73 dB: .......... .. ....... ...... CITY OF CVPERTiNo DRAFT GENERAL PLAN .. . ...... ... 6-46 HEALTH - I ANIS SAFETY (insert Figure 64. 2000 Noise Contours here) CITY OF CUPERTINO DRAFT GENERAL FLAN HEALTH ANIS SAFETY (insert Figure 6-K. 2020 Noise Contours .dere) CITY OF CuPERTwo DRAFT GENERAL PLAN 6-47 6-48 HEALTH AND SAFETY Land Use Compatiffiffity Many undesirable noise effects can be reduced or avoided if noise condi- tions are considered when assigning uses to specific land parcels. Noise cannot and should not be the primary factor considered in land use analysis, but the City should strive to match land uses to compatible noise levels. Compatibility may be achieved by locating land use types outside of desig- nated. noise impact areas or by requiring modifications including setbacks, sound walls, building insulation or landscaping. The Cupertino Municipal Code, Section 10, outlines the maximum noise levels on receiving properties based upon land use types. GOAL L A COMPATIBLE NOISE ENVIRONMENT FOR EX9STING AND FUTURE 61L.10D USES Policy 6-48: Land Use Decision Evaluation Use the Land Use Compatibility for Community Noise Environments chart and the City Municipal Code to evaluate land use decisions. Strategy 1. Noise Review of New Development. Review the proximity of new or significantly remodeled housing to the traffic noise corridor by using the noise contour map and review the results of previous noise standards to see if the standards, can be complied with, through conventional construc- tion practices. If there is not enough information; the staff may ask the developer to provide an acoustical analysis along with the application. CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY Transportation Noise Traffic noise is the greatest contributor to noise pollution in Cupertino and one of the most difficult to control through local effort. Two major freeways and three major arterial streets cross Cupertino. Cupertino is fortunate that significant portions of Highways. 85 and 280 are recessed, because this, helps lessen noise. in the surrounding neighborhoods. Freeway noise, at a constant but subdued level, is: less of a direct threat to neighbors. Commuters use De Anza Boulevard and: Stevens Creek Boulevard heavily and greatly increase local traffic congestion, air pollution and noise-. CITY OF CUPERTINO DRAFT GENERAL PLAN imid an rzfe=y Ly I.;10 �L';ti, S-�. Itl ITIf �� " " p�Q7rggpryy�{'{pig i�Y3iEe'6lssY'1'3w51F73G. R-11bA Atea ft0if MAN=... borne - � i�iEiJ EL`'1311I' �'T'! f°t'Iit�fLtI"1'CT`�39�.' MUM- : 369 M... �ifft�li,71ug£ tN4lii:'f'l�Cr.G'4'CiC�Ai;t�' „3;"�d��l;s� 7iftlttJit."il.� L Lci I ..� � � = �'�; s1.�, �L�.Ss; T;'1F�If�il;:IC�3Ltll!• �.G.:tv.:•:.f^uff .: Yu'!!tlsw:lbt�,.ntd"?" t.;: • �FYWllltb7 ENldU1��'�j (rP3�l�idd{� t �r -mm .rC-'rG^i>r1�t'ra(i: - it v�3l�(�tE[:'�r�':d'L•('fi(''Gi.r. 91j°s4tkf��if11�6r�B I•EuhL'`�?'11'L�a?lYii`5L1ifAC�LIf3�li�` rr 'yE:u� !6T �dfir"F' i CDTC�i![i sril'L(il '+" hat,r' 1 1 ��_ t� '�rf1911t`Yc:�i3Y% If sir tf (E'Fi1(CGv'J7Ti 11TrjP speds AM M. iftddaer n, Pa tY * !NoLi< l crz i ow0tpt 31$ i 6-50 HEALTH AND SAFETY When the Municipal Code allowing maximum noise levels are compared to the existing noise levels (Figure 6-J—Existing (Year 2000) Noise Contours), the majority of locations are currently experiencing noise levels above the maximum allowable. New development in these areas will be required to build and incorporate design strategies outlined in the policies of this document to meet the maximum allowed internal and external noise levels. GOAL M REDUCED NOISE IMPACT OF MAJOR STREETS AND FREEWAYS ON CUPERTINO RESIDENTS Policy 6-49: Freeway Design and Neigliborl-tood Noise Ensure that roads and development along 1-85 and 1-280 are designed and improved in a way that minimizes neighborhood noise. Policy 6-50: Stricter State Noise Laws Support enactment of stricter state laws on noise emissions from new mo- tor vehicles and enforce existing street laws on noise emissions. Policy 6-51- Neigliborhood Need Priority Review the needs. of residents for convenience and safety and make them a priority over the convenient movement of commute or through traffic where practical. Policy 6-52: Traffic Calming Solutions to Street Noise Evaluate solutions to discourage through traffic in neighborhoods through modified street design. Examples include meandering streets, diverters, landscape islands and wide parking strips. Strategy Local Improvement. Modify street design to rra'ru*=* e noise impact to neighbors. CITY OF CUPERTINO DRAFT GENERAL PLAN :mw HEALTH AND SAFETY Train and Aircraft Noose Trains and aircraft do not contribute much to noise in Cupertino. Aircraft flying into Moffett Field Naval Air Station are restricted to the northeastern cor- ner of Cupertino, affecting some residents of the Rancho Rinconada neighbor- hood. Cupertino's one railroad line passes through the Monty Vista neighborhood and connects with the Hanson Permanente Plant in the Western foothills. There is one train three times a week (2 trips - one in, one out), which occurs usually in the afternoon or early evening hours. Noise levels associated with the trains are approximately 85-90 decibels at a distance of 50 ft° from the track for a period of two minutes. There are no noise protection devices along the rail corridor, and if increases in rail activity occur, other mitigation may be re- quired. The most crucial example of traffic noise intrusion on the quality of neighborhood life is the effect of heavy-duty truck trips to and from the Hanson Permanente. Cement Plant and Stevens Creek Quarry located in the western foothills near Stevens, Creek Boulevard and Foothill Boulevard. There are about 1,400 trips each working day, which generate noise levels up to 90 dB next to the road. When trucks speed up, slow down or use -their high-powered brakes on the unusually steep road, the truck noise problem is worsened. Policy 6-51 Noise Improvement by Restricting Trucks Work toward improving the noise environment. along Foothill Boulevard and Stevens. Creek Boulevard by restricting quarry truck traffic especially during. late evening and early morning hours. It is preferable- that the re- strictions be voluntary. Encourage alternative to truck transport, specifi- cally rail, when feasible. A study prepared by professional acoustical engineering consultants suga- gested a series of measures to diminish noise for homes- along the truck traffic corridor. Reducing Aruck travel and carrying out these measures could give some relief to the residents most severely affected.. (Photo caption here) Crry OF CUPERTINo DRAFT GENERAL PLAN 6-51 6-52 HEALTH AND SAFETY Policy 6-54: Reduction of .Noise from the Hanson, Permanente Trucks Work to carry out noise mitigation measures to diminish noise from the Hanson Permanente truck traffic for homes near Foothill and Stevens Creek Boulevards. These measures include regulation of truck speed and the volume of truck activity. Strategy Restrictions in the County"s Use Permit. Coordinate with the County to restrict the number of trucks/ their speed and noise levels along Stevens Creek Boulevard, to the allowed in the Use Permit. Ensure that restric- tions are monitored and enforced by the County. Policy 6-55.- Road Improveinents to Reduce Truck impacts Consider road :improvements, such as medians, landscaping and the ad- dition of bicycle lanes to reduce quarry truck impacts. Non -Transportation Noise Sources Noises not generated by traffic are typically stationary and/ or sporadic. They have a relatively minor effect compared to traffic noise, but noises such as permanent equipment (refrigeration or air conditioning units or other related pumps), barking dogs and rattling of garbage cans when people are trying to sleep can be annoying and disruptive. Complete regulation of these noises is unlikely, but the City can work to protect neighborhoods from excessive noise and require compliance with the noise standard during the evening and early. morning, when ambient noise levels tend to be lower. Short-term noise sources are also disruptive. Temporary activities such as construction can often last for several months and generate a substantial number of complaints. Some are unavoidable, but superior muffling devices for construc- tion equipment can reduce noise from jackhammers, portable -compressors and generators. City ordinances control the days and hours of const raction .opera- tions. Policies are provided to limit noise levels. In several cases building con- struction is stopped during evenings and weekends. People who live near commercial loading docks often complain of late night and early morning disturbances. Similarly, sounds from automobile repair shops and general manufacturing processes often annoy those who live near industrial areas. Economic and property rights interests of these businesses must be bal- anced with the community's need for a quiet environment, and should be stud- ied carefully at the begin =*g of a, commercial or industrial project that will adjoin homes. CITY ®F CUPERTiNo DRAFT GENERAL PLAN -HEALTH AND SAFETY 6-53 GOAL N RESIDENTIAL AREAS PROTECTED AS MUCH AS POSSIBLE FROM ENTRUSIVE NON=TRAFFIC NOSE Policy 6-560 Commercial Delivery Areas Be sure new commercial or industrial developments plan their delivery areas so they are away from existing or planned homes. Policy 6-57: Delivery Hours Actively enforce Section 10.48 of the Municipal. Code limiting commercial and industrial delivery hours adjoining residential uses. Policy 6-580 Noise Control Fechniques Require. analysis and implementation of techniques to control the effects of noise from industrial equipment and processes for projects near. homes. Policy 6-59.- Hours of Construction Work Restrict non -emergency building construction work near homes during evening, early morning, and weekends by enforcing the noise regulations in the Municipal Code. Policy 6-60o Construction and Maintenance Activities Regulate construction and maintenance activities. Establish and enforce reasonable allowable periods of the day, for weekdays, weekends and holidays for construction activities. Require construction contractors to use only construction equipment incorporating the best available noise control technology. Reducing noise intrusion into residences can be accomplished in the same way homes are insulated against c.old.,Leaks around doors.,, windows,,. vents or through open fireplace dampers. as well as single -glazed windows and lack of J. seals or weather-stripping, increase noise intrusion and can be remedied. Sound is pervasive in cities and it's difficult to control exterior noises. Different noise control techniques can be used with varying degrees of suc- cess. Each site should be evaluated to find the best combination of noise control devices. Here is a summary of common techniques and their uses. Barders Sound walls can reduce noise from 5, to 15 dB. Their effectiveness depends Mllal!<!"'ir' on the relative grade of the roadway, the distance of the listener from the center- Crry OF CUPERTiNo- DRAFT GENERAL PLAN 6-54 HEALTH AND SAFETY line of the nearest road, placement and height of the sound wall in relation to the receptor line, the size and location of the area to be protected and the frequency of the noise source. The barrier is more successful with higher -pitched noise and is usually more effective when located close to the source or to the listener, as- suming that both are below the top of the barrier. Sound walls can be unattractive and can enclose or separate neighborhoods. Landscaping is a less expensive and effective way to make the walls more attrac- tive and will also reduce sound reflection from the walls. Evergreen and vines should be planted along the roadway side. Reflection can 'increase noise levels on the opposite side by as much as 5 dB. Policy 6-61: 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 landscaped. Landscaping and setbacks for small properties do not work well in reducing 0 noise. Plants and trees are not dense enough to prevent airflow. Setbacks must be substantial to make a difference in noise. Noise attenuates about 3 dB for heavy traffic and about 6 dB for light traffic every time the setback from the centerline of the roadway is doubled. Building and site design techniques can control noise -effectively in new de- velopments or when existing buildings are modified. Sensitive areas can be set back or buffered by buildings, parking or recreation areas. Homes can use rooms such as kitchens, bathrooms and garages to buffer the more sensitive bedrooms and living rooms. Buildings should face solid walls onto the noise source and be sure that no vents or other air leaks face the noise source. INSULATING BUILDINGS FROm NOISE Conventional building practices typically achieve exterior -to -interior noise reductions from adjoining roadways of about 1® dB with open windows and 2® dB with closed windows. Considerably higher noise reduction is possible with specialized acoustical design and construction. CITY ®F CUPERTiNo DRAFT GENERAL PLAN HEALTH AND SAFETY Table 6-F shows noise reduction from typical building types: Table 6-F. Approximate Exterior -to -Interior Noise Reduction Achieved by Struc- tures. Bldg. Type Window Condition Exterior -to -Interior Maximum Exterior Noise Reduction CNEL Value for 45 dB Interior CNEL Value All Open 10 dB 55 dB Light Frane Ordinary sash, closed 20 dB 65 dB Masonry Single pane, closed 25 dB 70 dB Masonry Sound -rated windows, closed 35 dB 80 dB � I I � 1 1111 111 1 1! 1 1 111 11 111 111! 1 1 P III I i I i Policy 6-62: Building Code Sections on Exterior Noise Intrusion Require the City Building Department to enforce all sections of the Cali- fornia Building Code for exterior sound transmission control (Sec. 1208A.8.1). Specifically, require for all proposed multi -family residential sites to determine if the exterior CNEL noise. environment exceeds 60 dB; if so, require as a building permit requirement that the design ensure a maximum interior noise environment of 45 dB. This must be accom- plished while also complying with the ventilation requirements of the Building Code, thereby requiring addition of a mechanical ventilation system for some projects. Require as a condition of an occupancy permit that the construction be tested to: demonstrate compliance with the exte- rior noise requirement. Policy 6-63: Building Code Sections on Interior Noise Encourage the City Building Department to enforce all sections of the California Building Code relating to interdwelling. soundtransmission control (Sec. 1208A.1.6). Specifically, require as a building permit re- quirement that all proposed multi -family residential projects are designed to ensure that wall and flo'or-ceiling assemblies comply with the airborne sound insulation and impact sound insulation requirements of the Code. Require as a condition of an occupancy permit that. the construction be tested to demonstrate compliance with they Code requirement& CITY- OF CUPERTINO DRAFT GENERAL PLAN 6-55 6-56 HEALTH ANIS SAFETY Policy 6-640 Application of Policy 6-61 to New- Bangle fand ly Hoines Consider applying the California Building Code requirements for exterior sound transmission control (Seco 1208Aa8e1) to construction of new single- family housing. CITY OF CUPERTINO DRAFT GENERAL PLAN City Council Goals an" Nork Program 2005=2006 February 4, 2005 -- Items are not in priority order ]Project Goal Status Comments 1. Library and Civic Center a. Morion Move b. Memorial Grove c. Old Council Chamber Conversion Spring 2005 Spring 2005 Spring 2005 Interim project to convert to conference space 2. -TIl aills Plan a. Stevens Creels Corridor Plan The Stevens Creek trail is a single On Sept. 15 the City Council directed staff to component of the Stevens Creek continue to work on the corridor plan including: Corridor Plan. On 9/15/03 the Year-round use Council directed that the trail Incorporating a multi -use trail through the corridor should be Working with the Cupertino Historical multi -use. Society on the Center for Living History ® Deducing the size of the picnic grounds ® Changing the fee collection system Staff is working on completing the master plan and seeking funding to implement it. This is an ongoing project. b. Regnart Creek Trail Ped/Bike Commission identified the Regnart Trail as one of their goals for 2005/2006. c. Mary Avenue Pedestrian Footbridge Proposal to Council — Feb. 1, 2005 Adopted budget $9,250,000. Bid Project —Fall, 2005 Staff authorized to seek additional $2,165,000 in Completion —Dec. 2006 outside funding. Page 1 of 17 Cupertino Council Goals & Work Program — February 8, 2005 I . _ General Plan RevisionrProgram Preliminary Goal Formulation — Plan Selection Fared Analysis Alternatives Specific atio u Alternatives Evaluation Technical Feasibility Environmental Review Regional Cable r ------� Congestion Demo- � STAFF i Retest Management ASAC graphics i Loo p Plan Analysis i Commission Fine Arts Clean Air Planning Land and i Input Plan Library Comm. Use Synthesis i Cable Comm. Goals of Inputs i i Energy Major Economic ASAC Comm. Owners Forecast i Fine Arts Input Plans Alternative Pub. Serv. Public's Analysis Regional Trends No i i LibraryH Comm. Preferred Govern- Apparent? -- Reduce Status Select Market i Comm. Input Actions Monitor meet DensityQuo Increase Driven i Energy E i E Parks/Rec. Goals Mitigation Infra Yes Goals Alternative Alternative Alternative Alternative i Comm. i o , Comm. Comm. Program structure Committee Report Input Input Recomm. PLANNING i i Pub. Serv.. i COMMISSION , Emergency Outside Comm. STAFF PLANNING PLANNING PLANNING STAFF Services_ Agencies , � _ _ _ _ _Feedback _ _ i Input COMMISSION COMMISSION COMMISSION Parks/Rea Evaluate Public Evaluation' Yes Select Complete Recommend Transpor- Workshops p Comm. Alternatives Hearings Complete? Appropriate Environmental G.P. Amend- tation Public I , PLANNING Input Related to o Workshops Plan Assessment ment to i STAFF COMMISSION Density Considerations °Joint City No Alternative City Council Feedback; Quantify PLANNING CouncilMtg. Loop Alternative Conduct COMMISSION Plans Hearing on i T Alternative Yes Goals Tentative Plans Commission Goals Traffic Metrics Report p STAFF Economic o Lebe JNo Factors Prepare Utility Capacity implemen- i Parks Supply/ d tation Plan i Acquis. —Aptional — Policy Plans. Library and Other Services Air and Noise Capital Metrics Improvements Toxics / Wastes - Zoning Housing Nexus Amendments GRAND BOULEVARD COMMITTEE Technical Feasibility Joint Traffic Council Land Use Parks and Recreation Commission PARKS AND REC. J City of , Cupertino Diocese Study COMMISSION Alternative Uses for Diocese Goal Formulation Open Space/Parks Study Proposed Schedule Property Mid -February Mid -March April May June July Aug Sept Oct Nov �; (',,:M gy1d AaeI-a?3kfu•8 #d`E0710, .r...,M< »..£�'j$$a.x�,Ya i`i .'asi:*.�.s .'tAS£5...:...,.. . #S ... _x <........... ... _as.....,8»,:»x 1 &.t , Yq , 3 '# �n tx #�' 0 ' 1 IN 111 - £....I+..ei �.x.a, w..i.`[a.,xss.,..S»,edrk»�$,., -85 �` 1B°# wi° gs"0s'xx x EA ';4 i 6, 3 " . $$ cIN ! za 7 8 $e las,.3°......SRP.,,xrez•, �FS'iae.».�s..s°Y. #..,.,.,.4t"e'#+x., <,�"4u�a•«:$ 4CAfty Council Goals and ork Program 2005-2006 February 49 2005 -- Items are not in priority order Project Goals Status Comments 3. Parks a. Stevens Creek Corridor Park 1. Complete the Stevens Creek Corridor Master Plan On March 7th the City Council and Parks and Recreation Commission will meet to consider: ® an east or west trail alignment ® the operating budget for the proposed SCC park © the date of closure of BBF so construction can commence. 2. Complete the environmental review for the Underway Stevens Creek Corridor Master Plan including a review of alternative trail alignments 3. Monitor progress of County in constructing The County has received a grant for Reach A the paved trail in Reach A. 4. Support the Cupertino historical Society in its efforts to create a Center for Living History 5. Work with the Santa Clara Valley Water District on a partnership to complete the Page 2 of 17 The Cupertino historical Society has asked that the Council agreed to a long-term lease of the Stockhneir property and the historic barn and blacksmith shop at McClellan Ranch, if within 5 years of commencement of their capital campaign, they raise sufficient money for restoration. The contract with the Water District for approximately 50% of the consultant cost has been executed and the consultants have begun work. Funding totaling $1.4 million has been secured. Staff is awaiting word on other funding requests submitted. The environmental review of proposed park and restoration improvements is underway. The board of the Cupertino historical Society has received the consultant report which reveals that just over one million dollars can be expected to be raised. Staff will process a General Plan amendment and zone change for the Stockhneir property to allow the historical Society to house offices and exhibits in the Stocklmeir house. The partnership agreement with the On Jan. 25th the City and Water District jointly Water District was approved and the submitted a funding request to the Dept. of Cupertino Council Goals & Work Program — Februaiy 8, 2005 pity Council Goals ann� o ork Program 2005-2006 February 4, 2005 -- Items are not in priority order Project Goal Status Comments riparian plaruiing and restoration for Stevens Creek Corridor Park 6. Apply for grant funding b. Rancho Rinconada Park 1. Commence work on a park for the Rancho Rinconada area Page 3.of 17 Water District Board appropi $161,000 toward the project. The City received the following grants/funds: Land and Water Conservation grant -- $89,000; Urban Park Act grant -- $834,000; Santa Clara County Water District $161,000; 2002 Resources Bond Act -- $129,165 and State per Capita Bond -- $220,000 for a total of $1,433,165. Santa Clara County owns a parcel next to Lawrence Expressway currently used by the Department of Roads and Airports as a materials storage site. If available, this site would be a logical extension of the existing creek trail and could serve as a neighborhood park. City, County, SCVWD staff are working on a schedule of necessary steps to proceed with project, including possible (as yet unknown) fiulding sources. This area was identified. during the General Plan process as an area deficient in neighborhood parks. Water Resources for restoration. This will augment the District's commitment under the FAIICE settlement. We have also applied for a Healthy Cities grant for $400,000 and are awaiting word. Staff has identified other funding sources and continues to prepare applications. Note: Sufficient funds are available to begin construction in 2006. A council decision regarding when to change the operation of Blackberry Farm is needed. The staff of all entities is working to define the potential site boundary and scope. It is then expected that in early 2005 a meeting/conference with staff and elected representatives to finalize concept. Once this has occurred, the next steps will be to: realign the city boundaries so that the park is within the City of Cupertino. Do community outreach to determine what the park should be ® budget for said project, and begin to pursue funding Cupertino Council Goals & Work Program — February 8, 2005 �Ity Council Gals and ork Program February 4, 2005 oa Items are not in priority order 41D 91D � - � �i� SID div r Project Goal I Status I . Comments c. Neighborhood Park in the Homestead area This area was identified during the Planning staff is working with potential General Plan process as an area developers of the Villa Serra project to provide a deficient in neighborhood parks. neighborhood park in this area. There is no activity at this time. d. Vallco/ISP Neighborhood Park A park in this area would implement the General Plan policies that require 3 acres of park per 1,000 residents to serve Menlo Equities, Vallco Rose Bowl and residential uses on the Toll Bros/HP site. e. Sterling Barnhart parcels Pursue acquisition of the two parcels at Sterling and Barnhart in conjunction with development on the ITP site. 4. Youth Issues a. Teen Center Summer monthly participation was The teen center has been popular and is drawing 185 to 345 youth per week. In increasing numbers of youth. August there were 274 registered b. Tomorrows Leaders Today members. Program not offered in 2004/05 due c. Sheriff's Teen Academy to budget cuts. d. Kaleidoscope 2004/05 class in progress 190 total graduates to date. 2004/05 class — 22 graduates to date. Classes scheduled to begin in February and April with 20 participants in each class. Page 4 of 17 Cupeitino Council Goals & Work Program — Febivaiy 8, 2005 CRY Council Goals an" Nork Program 2005-2006 February 4, 2005 -- Htems are not in priority order Project Goal Status Comments 5. Pursue "Downtown" Opportunities a. Implement the Streetscape plan for the City Council authorized the Crossroads block of Stevens Creek Boulevard amendments to the Heart of the City fiom De Anza Boulevard to Stelling road. plan on January 22, 2002. The Crossroads Streetscape plan went to the Planning Commission in Fall 2002, and was delayed to enable the General Plan Task Force to consider height and setback recommendations. b. Work with the Town Center developer to plan The City Council approved the a mixed used walkable plan master plan in May 2003. . Respondents to the past two community surveys and at the May 2002 community congress favor an enhanced commercial district in the Crossroads area, as follows: ® 71 % of the June 2004 Community Survey ® 75% of the June 2002. Community Survey respondents ® 81 % of May 3, 2002, Conununity Congress The General Plan Task Force presented its recommendation in March 2004. Task Force draft is consistent with the Streetscape Plan. Council can schedule adoption of the plan at any time. Phase One of the Town Center plan began construction in December 2003. Architectural plans for the residential component have been approved and building permit plans for buildings rl and r2 are completed. Demolition of the existing office buildings should begin in Spring 2005 and construction of the town homes, mixed-use building and park should begin in the Surmner/Fall 2005. Page 5 of 17 Cupertino Council Goals & Work Program — February 8, 2005 City Council Gals and 00'ork Program 2005-2006 February 4, 2005 -- Items are not in priority order Project Goal I Statin Comments 6. Street Safety - Walkable Community On Sept. 15, 2003, the City Council 72% of respondents to the 2004 community a. Ensure that "walkable city" concept is present authorized the Ped/bike Commission survey supported calming traffic on major in all City development/redevelopment to study Regnart Creek Trail boulevards to enhance walkability projects segments from Blaney Avenue to Pacifica Avenue. Commission reported to Council in Spring '04 and staff will apply in early '05 for planning funds from SCVWD. State grant approved for $100,000. Project to be constructed May -June 2005. b. Mary Ave. Pedestrian Crossing 7. Building Q:oIInIInunity/Unity a. Continue to offer opportunities and programs Neighborhood block leader program ® Next block leader gathering is March 19. to promote cultural understanding and address supports 115 leaders. ® New mentoring program provides the needs of our diverse community leadership training and individual support for new and existing leaders. ® Block Leader "How -To" binder is on CD and is available on the City website. Materials include: sample fliers, tips to organize neighborhood meetings, and communication/facilitation guidebook. m MapGuide, the City's GIS program, includes block leader coverage areas. o Leaders are informed of neighborhood building activities and improvements over $50,000. U-11......,-.1 Q Inns Page 6 of 17 k,upertmu k vuncaa uuaab m vv Vin �r •vrtatu — i Uuiuui yy v, City Council Goals an,- Nook Program February 4, 2005 m_ Items are not in priority order �419419�-�41941t��i� PIroj ect Goan I Status I Comments b. Continue to identify translation needs in our The Senior Center provides Teems instruction is now available in Mandarin, community translation volunteers in several Spanish, Hindi, Korean, Vietnamese at the languages. Sports Center. c. Fold public forums in other languages for Senior Center Newsletter is printed City, staff is providing translation and major capital improvement projects as needed. in English & Mandarin. interpretation services for publications and resident service requests. d. Evaluate methods for cominunicating Emergency Preparedness The Senior Newsletter includes Chinese (electronically and in writing) to non-English instructions are printed in multiple translation. speaking population regarding crime languages. prevention, emergency preparedness and civic activities e. Implement a bi-lingual pay program Adopted by CEA, non -represented; and ®E3. f. Golden Jubilee celebration Event scheduled for September 24 & The City will also be organizing other special 25 in conjunction with Chamber of throughout the summer of 2005. events throu g Cominerce and Rotary. 8. Economic Development a. Encourage, retain and support healthy City Council has approved the The General Plan update will consider policies environment for retail growth following projects expanding the encouraging active commercial uses such as City's retail space by approximately bookstores, coffee shops and restaurants. 80,000 square feet: Panera Breads/Peet's Coffee Re -tenanting of existing commercial buildings: Verona (City Center) o Panda Express, T -Mobile & Starbucks Tra Vigne o Flames Restaurant Marketplace Alexander's Steakhouse BJ' -s Restaurant & Brewery Dynasty Library Coffee Shop Lori's Diner Town Center Rio Adobe Menlo Equities Page 7 of 17 Cupertino Council Goals & Work Program — February 8, 2005 City C®u n cil Gals and vv ork Program 2005-2006 - February 4, 2005 -- Items are not in priority order Project Goan I Stuns I Comments Reorganized the Economic The committee adopted the following goals: Development committee to provide a Enhance communication between local better business representation and business and government to promote Economic ensure all goals are fleet. Development o Identify target businesses including a bookstore, theater, big box and medium to high end restaurants s Identify specific contacts ® Prepare contact letter ® Prepare brochure for target businesses o Incorporate an Economic Development section on our website b. VALLC® Fashion Park Redevelopment Vallco was purchased in June 2003 - The new owners are beginning demolition of the and the new owners constructed lower level to reinforce the building structure to tenant improvements for a 1,300- accommodate the planned theaters. The City seat Dynasty restaurant and are Council approved a development agreement working on plans for a 16 screen amendment on April 27. Cinema plans are cinema. expected to be submitted in the first quarter of 2005. Council approved a mixed use plan with 140,000 square feet of new . The applicant received use permit approval and retail and 204 residential units at the will be submitting for final site and architectural Rose Bowl site. approval in the Spring of 2005. c. Add revenue enhancement incentive policy Major projects include an economic Borland Software moved a significant Silicon component of review for, new development and assessment of potential revenue valley office into the City Center. means to supplement revenues for non -sales generation possibilities. tax generating developments. Page 8 of 17 Cupertino Council Goals & Work Program — rebruaiy u, zuu:) CAfty C©uncill Goals anu v Vork Program February 4, 2005 -- Items are not in priority order 419 41D v � - j SID CID t�� Project Goal I . Status I Comments I d. Evaluate transit/transportation implications of economic development strategy The City should evaluate use of development agreements to implement in -lieu fees for non -sales tax producing uses. The General Plan Circulation Element will evaluate transportation implications of new development. Borland Software moved a significant Silicon valley office into the City Center. 90. General plan > May 3, 2002, Community Staff held General Plan orientation meetings a. General Plan Update Congress focused on the General with PC, P&Z, BPAC, Dousing Committee, the Plan update. business cominunity and held a general The Administrative Draft of the community meeting. General Plan was completed and for public review in October 2004, the City Council endorsed the Indistributed the beginning of January 2003. Task Force draft and associated documents as the public hearing draft. Community meetings are CC/PC study sessions held in scheduled for Nov./Dec. 2004 and public February and March 2003. hearings in the first half of 2005. Council appointed a 74 member GP Task Force that met from June -October 2003 Task Force recommendations were presented to City Council in March 2004 The Planning Conunission held two community meetings in Nov/Dec 2004 and is started public hearings in Jan 2005 Page 9 of 17 Cupertino Council Goals & Work Program — February 8, 2005 City Council Goals and a ®rk Prog am 2005-2006 February 49 2005 -- ]Items are not in priority order Project Goal Status Comments 710. Public Safety a. review traffic safety issues Phase I bid awarded 9/17/04 1. Safe routes to school program (Cupertino Work to be completed Jan. `05 High Schools 11/03) 2. Traffic signal McClellan and Ike Anza 3. Street Smarts Program 4. Kim Avenue traffic study — removal of gate 5. Install pedestrian crossing at Alves & Stelling b. Continue emphasis on Neighborhood Watch Page 10 of 17 Phase II project to be bid Jan. `05 Report Summer 2005 Bicycle Pedestrian Commission adopted "Street Smarts" program. Purchased basic materials for program. Commission approached City schools for common efforts on "Street Smarts." Garden Gate grant for $185,000 is pending approval by Caltrans. Spring 2005 Traffic study underway in February.I Spring 2005 Report to Council April -May 2005. Complete spring 2005 80 active Watch Groups representing 195 residential streets. Feld 14 Neighborhood Watch meetings. 9 meetings were new groups to the program and 5 of thein supported existing groups or revitalized inactive groups. Cupertino Council Goals & Work Program — Februaiy 8, 2005 'City Cowbell Goals aRL York Program 2005=2006 February 4, 2005 -- Items are not in priority order Project Goad Status Comments c. Establish an eCap Merchant Watch Program d. Red bight Education e. Continue emphasis on Emergency Response (ER) and Preparedness 1. Continue expanding of the CERT program 2. hold a Mandarin CERT information class to assess interest in a Mandarin CERT class The Merchant Watch program has Process of evaluating the program due to budget been established and currently has 6 cuts. shopping areas as members. To be considered by Public Safety Commission in March -April ® Increased from 4 to 5 CERT classes/yr. © Conducted five first aid and 11 CPR classes ® Implemented a Disaster Co-uncil/Citizen Corps Council o Organized two new neighborhood CERT teams. ® Scheduled for Spring 2004 639 residents trained in CERT. Over 590 residents trained in CPR and First Aid. Enables community members to participate in emergency planning. Total of 12 neighborhoods trained. Postponed. Began developing bi-lingual Speaker Bureau. ® Established Medical Reserve Increases the CERT and disaster medical Corp through Federal grant, response. 3. Develop Pugh School ER Training ° Developed a model ER program with Monta Vista High School students 4. Ensure ER Training for City staff ® Updated Emergency Plan 12/03 Completed. ® Mandated SEMS training; First 95% of City staff trained. Aid and CPR to staff Page 11 of 17 Cupertino Council Goals & Work Program — Febivary 8, 2005 City Council Goals and a,'ork Program February 49 2005 -- Items are not in priority order I Project GoO I Status I Comments 5. Cupertino Amateur Radio Emergency ® Conducts on-going EOC. drills Provide communication services at community Services events and established county -wide mutual aid plan for amateur radio. ® Offer Kaleidoscope Program 3 Total of 189 students trained to date. 6. Offer ER skills to 6th to 12th grade times/year ® Project begins early 2003 On-going. 7. Develop City Evacuation Plan ® Meet monthly with local school 8. Ensure ER Training for schools emergency planners and District officials Code Red is an emergency School Resource Officers developing the 9. Develop and conduct Code Red Training program for school .staff and program with the Cupertino Union School for the school districts in Cupertino. students to evacuate or shelter in District. December 2004 is the target to complete place during emergencies. the syllabus and start school staff training. Ongoing expansion of volunteer Suspended TLT and Leadership Cupertino due to 10. Expand Volunteer Program programs with Leadership budget constraints for FY 2004-05. Cupertino, TLT; CERT and Sheriff s Office in the process of evaluating the Neighborhood Watch. Sheriff's programs due to budget cuts. volunteer program in Cupertino has begun. Five volunteers work on the Neighborhood Watch program exclusively. E-mail system to Neighborhood Watch participants was activated and to date we have 1200 e-mail alert subscribers. 11. Affordable Housing ae Provide housing opportunities for Cupertino The 2001 Housing Element The Santa Clara County Housing Trust Home workers increased the BMR requirement Ownership Assistance Program is applicable to Page 12 of 17 Cupertino Council Goals & Work Program — February 8, 2005 City Council Goals amu York Program 2005-2006 February 4, 2005 -- Items are not in priority order Project Goal Status Comments Iia Review Below Market bate Program criteria ,c. Teacher housing assistance programs 1. Develop teacher housing assistance program (9/02) from 10% to 15%, and identified I Cupertino teachers and other public service sites for an additional housing units. workers. BMR manual was updated in November 2002. City Council appropriated $220,000 for a down payment assistance program for teachers in May 2003. d. Nexus Study for Housing Mitigation Fees The Housing Commission is reviewing a nexus study for housing mitigation fees and will make a recommendation to the City Council in Spring 2005. e. Cleo Avenue Affordable Housing Page 13 of 17 On Feb. 19 2005, the CC authorized staff to negotiate with Cal Trans to possibly purchase a 1/4 acre site on Cleo Avenue. Staff will negotiate price and finance options and discuss development options with non-profit housing developers. City has contracted with Neighborhood Housing Services of Silicon Valley to implement the teacher outreach program ul December 2003. Teachers have not been able to qualify for housing in Cupertino. The Housing Commission is considering if the area allowed for housing purchases should be expanded and will make a recommendation to the City Council. The Commission will likely recommend increasing housing fees for non-residential developments and residential developments that are too small (6 or fewer units) to require a BMR unit. The commission will also consider if commercial should be assessed a housing mitigation fee. The site can acconnnodate 3-4 dwelling units. Following the negotiations. The City will have a 90 day due diligence period to determine if the site is developable for affordable housing. Cupertino Council Goals & Work Program — February 8, 2005 CAfty Council Goals and ork Program 2005©2006 February 49 2005 -- Items are not in priority order Status Comments 12. Annexation a. Creston 1. Annex individual contiguous parcels when Lot by lot Creston annexations are redevelopment occurs on-going when major remodeling of a home is proposed. b. Pursue annexation of the land under the San See discussion under Parks section. Tomas/Saratoga Creek Trail. c. Develop a comprehensive Annexation Strategy On Feb. 1, 2005, the CC authorized The strategy will include strategies to encourage the staff to respond to proposed annexation of large hillside properties within the LAFC® policies and return with a City's urban service area. comprehensive annexation strategy for the remaining unincorporated islands. 13. Sports Center Building Strategy a. Work with DACA on a strategy for upgrading The DACA lease expires in 2006. the pool and bath house. Talks are underway. Page 14 of 17 Cupertino Council Goals & Work Prograin — February 8, 2005 CAfty Council Goals an,., Nork Program 2005-2006 February 4, 2005 --Items are not in priority order Project Goal Status Comments 14. School Partnerships a. Pursue partner opportunities with the three school districts including: 1. Pool 2. Gym 3. Traffic and parking 4. Teacher housing 5. School Resource Officers 6. Youth Probation Officer Page 15 of 17 The Teacher Down Payment Assistance program has been approved. The School Districts do not want to pursue a Senior/Teacher Matching program. The Public Safety Commission is working on improving traffic in the tri -schools neighborhood. The Safe Routes to Schools projects have proceeded with excellent cooperation between the City and Monta Vista, Cupertino and Garden Gate. When completed, we use the Cupertino field house as available. De Anza/City recycling program — the City gives De Anza used computers and De Anna refurbishes them. Added second SRO in FY 2004/05 Updated contract in FY 2003/04 Ili January 2004, CPRD staff engaged with FUfISD staff to discuss potential joint program opportunities. These discussions were very enlightening and proved to be valuable. Following is a list of programs that the City and FUHSD became partners on during the Summer 2004. The total package of programs were 100% cost recovery. Water Polo Instruction — 50 participants, 10 hours per week, ages 12 to 17 Youth Basketball Camps — 275 participants, 5 camps, 25 hours per week, ages 7 to 12 Basketball League — 8 high school teams, 120 participants, 8 hours per week, ages 15 to 18 Open Gym — open to the public, 55 participants, . 3 hours per week, ages 15 to adult Cupertino Council Goals & Work Program — February 8, 2005 City Council Goals and v v '®rk Program 2005-2006 February 4, 2005 -- Items are not in priority order Project Goal Status Comments 15. Other a. Weekly Recycling Contract with hauler approved by Weekly service to be phased in by daily route Council. Implementation March- begimung with Monday route and continuing April -May. through May until all routes are completed. b. Community Shredding/ Recycling Day One lot sold for $1,200,000. Other c. Sale of Properly two lots to be sold on market through a broker. Deport and recommendations to Council in March for implementation prior -to end of fiscal year. 16. Internal Improvements a. Implement Access Cupertino to enhance Completed customer service response times b. Implement e-mail response policy for Mayor Completed and Councilmembers c. Notify Council of major events/activities Master calendar completed including block parties d. Add time component to video streaming Completed e. Consolidated CDBG and human Service Completed funding processes f. Perform a review of the CCS housing Completed allocation process g. Reviewed City fees for planning, building and Completed engineering to obtain full cost recover of services. h. Contracted with a new animal service provider Completed to save $70,000 annually and $500,000 one - Page 16 of 17 1 Cupertino Council Goals & Work Program — February 8, 2005 CAfty Council Gals allL Nook Program 2005-2006 February 4, 2005 -- Items are not in priorit' order _T Project Goan Stats I Comments ments Page 17 of 17 Cupertino Council Goals & Work Program — February 8, 2005 time shelter contributions Completed end of April i. Replaced the community outreach sergeant with a code enforcement officer saving $140,000 annually. Completed j. Provide searchable Council and Planning agendas, minutes and packets, and -other public documents on the Web page Completed k. hxnprove Commission appointment process Completed 1. Provide emergency response training (terrorism) Completed in. Implement more thorough employee evaluation forms and train all supervisory and management staff. Completed n. Liaison with donors for commissioned sculptures for the new Library and Civic Center Plaza Completed o. Improved AV capability and community access. Completed p. West Valley Sheriff's Substation moved to Cupertino Completed q. Vallco provides outreach space for Emergency Services program in the mall Completed r. 777 -CITY phone access Completed s. Live receptionist instead of recorded message 7:30 a.m. to 5:30 p.m. Monday through Friday Completed t. Greatly increased notification including city- wide notification of major issues Page 17 of 17 Cupertino Council Goals & Work Program — February 8, 2005 lHfct-D`IT' 7('OPTC CUPEIl TINO PLANNING COMMISSION EXHIBIT A DECISION MATRIX LAND USE/HOUSING ELEMENTS PRELIMINARY Revised 2/22/05 DIRECTION EC71'ION COMMENTS LU -1: -- - - - - - - - GW LG MM AC TS Heights are maximum and will be MAXIMUM BUILDING considered along with good design, setbacks HEIGHT (in feet) and possible mixed use SPECIAL, CENTERS Monta Nista 30 30 30-35 2-3 35 Commission majority agrees on 30-35. Staff: 30 for two-story, 35 for third -story elements like dormers Vallco Park S. 60 60 60 35-45 45-60* Commission majority agrees on 60. Staff: 45 except 60 for future Vallco hotel (this would be a post -Development Agreement height, since the Vallco Development Agreement locks in the previous General Plan until 2006) Heart of City 45 45 45 30-45 45 Commission agrees on 45 Homestead 60 45 45 45* 45 Commission majority agrees on 45 City Center 45 45+ 45 45* 45 Commission agrees on 45 N. De Anza 60 45 45 45* 45 Commission majority agrees on 45 (with 2 60Apple 60Apple supporting 60 for Apple) Staff: 45 Vallco Park N. 60 45 60 45* 60* Commission majority agrees on 60. Staff: 45 'cif mixed use 2 HOT TOPIC DIRECTION COMMENTS LU -2 RESIDENTIAL DENSITY NON-RESIDENTIAL City-wide allocation. of AND UNITS ALLOCATION Commercial, DIVERSITY OF LAND Office/ Industrial, Hotel USE GW MM AC TS Rooms and Residential Units SPECIAL CENTERS Commissioner Ciefer deferred her preliminary recommendations, but stated that she possibly supports the Administrative Draft, and is possibly interested in a ci -wide allocation. Monta Nista ---- 12 12 12 Vallco Dark S. 35 .35-50 291 35 units Heart of City. 25 25 25 35 Homestead 50 50 35 35 City Center 35 35 35 35 N. Ike Anza 0 0 25 35 Vallco 'ark N. 0 35-50 0 20' Bubb Road 0 12 12 20 Undesignated 1Hfrl T TriDpy(r T)TRIFC7r]f(C N 3 CONIMENTS LU -3: COMMERCIAL FLOOR AREA RATIO .A low FAR is proposed to encourage mixed use. It needs to be changed if mixed use is not allowed. LU -4: ECONOMIC DEVELOPMENT P LAN Draft calls for a ten-year revenue forecast. LU -5: ONE -PERCENT FOR ART ORDINANCE Ordinance would require public and private development to set aside 1 % of total project budget for on- site art. 4. ILIIOT TOPIC DIRECTION COMMENTS SPECIFIC PROPERTIES EII TIES ( LAND USE MAP) GW LG MM AC 'ISS Hillside properties Hillside Study Hillside Hillside Hillside Allow Subdivision If Geo OK Safety is of primary importance. OTHER TOPICS DIRECTION COMMENTS OPEN SPACE, PARKS AND TRAILS G:planning/genplan/public hearing draft/discussion outline matrix 2-14-05 uenerai -U-clate" (,fin'' �<� March 89 2005 Cupertino General Plan bicycle Pedestrian Commission Recommends March 89 2005 Cupertino General Play 2 P'oRR'cy Il )0 P(��dt�strRcajn i `a... M�'dd�e SchooR Boundan'(��s March 89 2005 Cupertino General Play 3 March 89 2005 Cupertino General Plan m i t Intersections ` A/`Collisions S t Schools eIntersections March 89 2005 Cupertino General Plan 5 Sam Lawson Middle School. March 89 2005 Cupertino General Pian 6 March 89 2005 Cupertino General Plan i March 89 2005 Cupertino General Plan 8 . Public Safety Commission General Plan Comments for Planning Commission Hearing of March 89 2®®5 The Public Safety Commission Intro We Applaud the Task Force for a job well done. Considering the physical size of the Task Force, more than 7® members strong, the scope and complexities they faced, the Task Force draft General Plan revisions are very well done and quite comprehensive. We also applaud Staff and the Planning Commission on such a magnanimous effort for the City and the unenviable task of applying a very delicate balance of what is best for that of Community and it's Citizens and the City! The Public Safety Commission strongly endorse the Task Force's recommendations on reducing general residential density per acre, especially the Homestead & N. De A-nza sections and the lowered height restrictions. While we endorse 99.5 % of the overall plan we would like submit the following observations and recommendations for your consideration. Section 6. Health & Safety Policy 6-11, Residential Fire Sprinklers Ordinance, should be revised to omit the reference to reducing the need for firefighting personnel and equipment. Policy 6-11 will then read "Consider adopting a residential fire sprinkler ordinance. This will reduce fire flows." Although we understand that the earlier intervention provided by residential fire sprinklers in the City should reduce the number of large fires and therefore reduce a source of demand for firefighting personnel and equipment, we think the General Plan should avoid language that could justify a reduction in the available firefighting personnel and equipment resources. Section 4. Circulation I Believes that policies contained in Section 49 Circulation, that might lead to a reduction in street intersection levels of service (LOS) pose a potential hazard to public safety, by leading to greater traffic delays and in turn an increase in marginal behavior, such as speeding, red light running, unsafe lane changes, and failure to yield right of way to pedestrians; additionally driving commute traffic into neighborhoods. The Commissions review of the proposed strategies could lead to delays and difficulties for emergency vehicles to reach their ultimate destination and within the targeted response times. Examples & Assumptions — 1) Consider existing reduced commercial vacancy and what the next "Boom" will contribute to traffic. 2) Specifically in the report the roads and intersections targeted for narrowing and increased wait times are in a direct path to the three Fire Stations serving the City (see page 6-13 figure 6-c) Seven Springs Station on the West (Stelling Road) Cupertino Station SE ( Crossroads) Monta Vista Station NW Stelling & Stevens Creek) (A Triangle) 3) 4-5 We believe the targeted LOS of a D and E+ for Crossroads, Stevens Creek & Stelling, De Anza & Bollinger is set much too low for the following reasons. With the poor LOS will come increased noise & air pollution, frustrated drivers do to longer delays will have a tendency to exhibit impatience, more frequent lane changes, tail gating or pushing, or become less attentive to the road and surroundings. 4) Poor existing LOS in sections of the city are causing commuters to take to surface streets and pass through neighborhoods to mitigate delays, proposed lower ]L®S will only increase that tactic and move additional traffic into local neighborhoods. 5) Traffic Volumes (pg 4-20 Fig 4-E) If you make some comparisons to daily traffic volumes there is an imbalance in sections. One instance is Stevens Creek Rd. (6 lane road) shows a daily volume avg. 30k, while Stelling Rd. (2 lane road /1/3 of capacity) shows avg 15K half of Steven's Creek. A closer look at some of these flows are very telling, some can help identify both challenges to over come and opportunities for improvement. Section 29 Land Use/Community Design The Commission believes that policies contained in Section 2, Land Use/Community Design, that encourage mixed use development have many positive characteristics for the city and community but there is also the potential to pose a hazard to public safety by locating people's homes closer to sources of noise & air pollution and, other hazardous materials. Examples & Assumptions - The close proximity of the multi -use projects has the increased potential of exposing citizens to hazardous materials, (cleaning & fumigation agents, compressed gases, fire, etc) as well as increased noise and air pollution with businesses situated too and in close proximity to main thoroughfares. Key to note that the largest amount of vehicle pollutants are discharged during start-up and idling. - Will the addition of further residents add to air pollution by way of more vehicles, barbeques, wood burning stoves and fireplaces? 'Fran. Linkages LA 12 civy of-- 7111w Al- '9 /-A C-L-ARvalA A Cou % 'ZON., Calabams ... . ... Creek RAnch-o -A Tral San Antwo City 7 say STEVEHIL.L-REEK _BtVD Fa CL C e,-, ......... WnZ 1.0. Figure 2-1. Trail Linkages TASK FORCE DRAiFTGENERA/ L PLAN CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 DEPARTMENT OF COMMUNITY UNITY DEVELO PENT Application No.: GPA -2004-01, EA -2004-17 Agenda Date.- March 22, 2®®5 Applicant: City of Cupertino Location/APN: City-wide Application Sum aryo General Plan amendment to revise the General Plan Rec®mmendationo Staff recommends that the Planning Commission. 1. Discuss the Land Ilse/Housing (hillside designation, open space, parks and trails) and Circulation, (Environmental Resources and Health and Safety ]Elements 2. Continue this agenda item to April 12, 2005 Background. The City Council authorized the Task Force Draft General Plan as the public ]hearing draft for the General Plan review. The Task (Force Draft and other supporting documents were provided to the Planning Commission .in September 2004e The City Council requested that the Planning Commission focus on the Hot Topics, as discussed in the Hot Topics Summary Matrix and Background Report. To date, the Planning Commission. has discussed all of the General Plan elements. The Land Use/ Dousing (Elements have been discussed extensively; the subjects of this meeting are the hillside designation and open space, parks and trails. Information was presented on the Circulation, ]Environmental Resources and the Health and Safety ]Element at the March 22nd meeting. Tonight's meeting provides an opportunity to discuss the Hot Topics and other issues in the Circulation, (Environmental Resources and Health and Safety Elements. Another discussion on the Land Use/ Housing (Elements is scheduled for March 28 or 29; major property owners will be invited to this meeting (see revised schedule below). Discussion. Next Steps, The Planning Commission approved the following schedule for remaining meetings, The March 28 or 29 meeting needs to be confirmed, as sloes an extra Land Use/ Housing meeting proposed in April.. General Pian Review Page 2 ® March 28 or 29 Major Property Owners Please confirm ® April 12 Draft Environmental Impact ]Deport (school district representatives will be invited) ® April 18 NEW - Please confirm Land Use/Housing Element Trap -gyp on all subjects ® April 26 Preliminary amendments to the Task Force Draft (and Draft ]EIR) ® May 10 or 24. (depending on number of changes) Recommend Approval of Draft General Plan and Draft ]Environmental Impact Report to City Council Enclosures° ® Task ]Force Draft General Plan, Hot Topics, Corrections Document, .Minority Deport (provided previously, please bring. to meeting) ® Decision Matrix ® Valley Transportation Authority: Pedestrian Technical Guidelines ® Bicycle Pedestrian Commission PowerPoint presentation (3-8-05) ® Deborah Jamison email on trail issues (2-24-05) ® Trail maps Prepared by: Liddy Wordell, City Planner Approved by: Steve Piasecki, Director of Community Development G:planning/ pdreport/ GPA -2004-013-22-05 Analysis of City Council and Planning Commission Changes to Task Force Draft General Plan Section VI of the Environmental Impact Report discusses the potential impacts that could result from the implementation of the Task Force Draft General Plan (The Project). Section VII discusses the alternatives to the proposed Project, as required by Section 15126 of the CEQA State Guidelines, which states that the EIR shall describe a reasonable range of alternatives to the project, or location of the project, which could feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives. The City Council and the Planning Commission have conducted their review of the Task Force Draft General Plan. The Planning Commission forwarded its recommendation to the City Council, which included some changes to the document. The City Council accepted some of the changes recommended by the Planning Commission and also made some additional changes to the document. The Table of Alternatives attached to this document (Attachment 1) illustrates graphically the differences between the various alternatives discussed in the Environmental Impact Report and the Revised Project Alternative (the City Council and Planning Commission changes to Task Force Draft General Plan). Following is a discussion the potential impacts resulting from the implementation of the City Council and Planning Commission changes (the Revised Project Alternative). The format used for the discussion is the same format used in the EIR for the discussion of the alternatives. Land Use: The Revised Project Alternative is not significantly different than the Project (Task Force Draft General Plan). The potential environmental impacts that could result from the implementation of the Revised Project Alternative would be similar to those associated with the Task Force Draft General Plan. There are, however, two areas where the two alternatives differ: the residential development and office/industrial development potential. The Revised Project Alternative provides for the development of more residential units than could be could be achieved under the Task Force Draft General Plan. It also reduces the development potential of the office/industrial land use category. Because of the reduction in the square footage of the office/industrial land use development potential, the Revised Project Alternative would generate less impacts on the office/industrial areas than would the Task Force General Plan. On the other hand, because this alternative would allow more residential development than the Task Force General Plan, it would have greater impacts on the residential areas. It would generate greater demands on public services and exert greater pressures for new residential development. However, when considered cumulatively the impacts from both of the alternatives would be less than significant. Circulation: The Revised Project Alternative traffic generation figures would not exceed the traffic figures generated for the analysis of the worst case scenario (the Administrative Draft Alternative). Two intersections are projected to not meet the LOS policy standards proposed in the General Plan in the year 2020 unless additional capacity is provided. These are De Anza Boulevard at Homestead Road and Stelling Road at McClellan Road. The addition of separate westbound right turn lane at the corner and a separate eastbound N right tum lane at the latter would provide adequate capacity so that both intersection would operate satisfactorily under future year traffic loads. There are no other significant adverse impacts at the intersections and no adverse impacts on the freeway system identified for the buildout under the worst case scenario. Consequently, traffic impacts by either the Devised Project Alternative or the Task Force Draft General Plan would be fully mitigated by the intersection capacity improvements recommended to mitigate the effects of the worst case scenario. ®pen Space, Parks and Trails Because the Devised Project Alternative would allow more residential development that the Task Force Draft General Plan. This alternative would have a greater effect on the recreational services than would the Task Force Draft General Plan. Residential uses generally generate greater demands on parks and other recreational facilities. However, ABAG has adjusted Cupertino's projected population to the year 2020 downward from 66,400 to 59,900 in its latest "Projections 2005". This reduction in population will be reflected in decreased demands for recreational services than anticipated in the analysis of the Project (the Task Force Draft General Plan) and the worst case scenario (the Administrative Draft Alternative. Consequently, the potential impacts resulting from the implementation of the Revised Project Alternative will not have a significant effect on the City's capabilities to provide adequate recreational services. Visual/Aesthetic Qualities The reduction in the square footage development potential in the office/industrial areas, the changes in building heights and changes in the development standards made to the Task Farce Draft General Plan would have a positive effect on the City's urban form. 'These changes would be reflected in future buildings of less bulk and height and greater quality of design for both office/industrial uses as well as the residential uses. In addition, through the project review process, these building will be carefully integrated into the urban fabric of the community to minimize their potential impacts on the visual character of the community. Thus the Revised Project Alternative would have a greater positive effect on the City's visual and aesthetic qualities than could be achieved under the Task Force Draft General Plan. Ani° Quality Potential air quality impacts resulting from new construction activities associated with developments under the Revised Project Alternative would be similar to those associated with the Task Force Draft General Plan. Site preparation activities such as grading, soil excavation and heavy construction equipment operation associated with the construction of developments under the Revised Project Alternative could generate dust emissions that could result in temporary increases in localized PMio [Fine particulate matter (solid or liquid) with an aerodynamic diameter equal to or less that 10 microns] emissions.. This is a potential significant impact, but could be reduce to less than significant with the implementation of appropriate mitigation measures. Increased vehicular traffic from potential growth consistent with the Revised Project Alternative could increase the CO levels at major intersections. This potential impacts would be similar to those resulting from activities associated with developments occurring under the Task Force Draft General Plan. Mitigation measures have been included in the General Plan to mitigate the potential impacts. Public Services and Utilities Although office/industrial square footage allowed under the Revised Project Alternative is less that under the Task Force Draft General Plan, this alternative would allow a higher number of residential units to be developed. It is generally recognized that residential uses generate greater demands on public services. It may, therefore, be assumed that this alternative may generate slightly higher demands for public services and utilities than those resulting from the Task Force Draft General Plan. As with the Task Force Draft General Plan, the existing sewer lines presently running at/or over capacity would have to upgraded to 3 accommodate future development in those areas affected by these lines, but reduction in the development potential of the office/industrial land use category would have a positive effect on this issue. Other demands on public services and utilities can be met, although the Revised Project Alternative would impose greater demands on schools because of its higher residential development potential. Schools: The higher residential potential of the Revised Project Alternative would exert greater demands on the Cupertino Union School District and the Fremont Union High School District than the Task Force Draft General Plan. The City of Cupertino and the school districts have tried to address concerns raised I elative to increased enrollment resulting from projected growth associated with the implementation of the General Plan. Three analyses of the Student Generation Rates (SGR) were conducted to address the potential impacts associated with the implementation of the Task Force Draft General Plan. The Student Generation Rates included in the EIR were generated by Bay Area Economics (BAE) and were arrived at by using Cupertino Union School District estimates, the actual number of children at the recently occupied Travigne Villas condominiums and data from the 2000 Census Public Use Microdata Sample (PDMS) dataset. The Fremont Union High School District conducted two analyses of the Student Generation Rates. The most recent analysis of Student Generation Rates conducted by the Fremont Union High School District with the help of a consultant and the City of Cupertino Planning Staff using actual enrollment figures appear to have closed the gap between the BAE figures, which had been previously questioned, and the FUHSD figures. Although the BAE figures and the FUHSD figures differ, they are not significantly different. The City of Cupertino Planners, the FUHSD and its consultant are in agreement that such differences will not be significant enough to change the general conclusions about the impact to the general fund of the FUHSD from the growth projections by BAE or from the new calculations now accepted by the City and the FUHSD. Of major concern to FUHSD is the potential short term growth impact (1 to 5 years), particularly on Monta Vista high School. FUHSD has indicated that it foresees declining enrollment beginning in a few years. The FUHSD has indicated that the extent of the potential effect of the student population increase can not be fully estimated at this time. The FUHSD is presently re -assessing its enrollment practices and is disenrolling illegally registered students. FUHSD has indicated that is not known at this time what effect this effort will have on long-range enrollment and ultimately in school capacity. Another important factor that will influence the Student Generation Rates is future population growth. The Association of Bay Area Governments (ABAG) has adjusted Cupertino's projected population growth by the year 2020 downward from 66,400 projected in "Projections 2000" to 59,900 in "Projections 2005" (Attachment 2). Notwithstanding the above, FUHSD could implement mitigation measures to ameliorate the effect of the increased student enrollment, such as: increasing class sizes, conducting year-round schools, adding portable class rooms, revising school attendance boundaries, and increasing impact fees. It should be noted that the courts have held that increased classroom enrollment resulting in school overcrowding is considered a "social" rather than a physical "environmental" impact and is not, in itself, a significant environmental impact requiring mitigation under CEQA [Goleta Union School District vs Regents of University California (2d Dist. 1995)]. Also State Government Code Sections 65995 and 65996, established in 1998, have pre-empted and limited the ability of cities to exercise their police power to mitigate school impacts. Permitted mitigation for school enrollment increased impacts is limited to the State -authorized statutory authority of school districts to impose maximum school impact fees in accordance with Government Code Section 65995. The City of Cupertino will continue to conduct environmental review of specific projects and analyze the potential school impacts of these projects in conjunction with both the Fremont Union High School District and the Cupertino Union School District. S Wildlife and Vegetation The Revised Draft Alternative allows more residential units than the Task Force Draft General plan. This could increase demands for further development of the hillsides areas. However, under this alternative, there will be no development of the hillside areas. As with the Task Force Draft General plan, there would be policies to protect and to minimize impacts the wildlife and the vegetation Noise Noise impacts associated with the Revised project Alternative would be similar to those associated with the proposed General plan, but somewhat less intense than those associated with the 'task Force Draft General Plan because of the reduction in square footage in the office/industrial land use category. As with the Task Force Draft General plan, there would be temporary noise impacts associated with construction activities resulting from developments consistent with this alternative. This temporary impacts will raise the ambient noise for the duration of the construction period. Upon completion of the construction activities, the ambient noise levels should return to normal. Both alternatives, the Revised project Alternative or the Task Force Draft General plan, could generate some residual increase associated with the traffic from the additional development. Geology and Seismicity Development associated with the Revised project Alternative would sustain geologic and seismic effects similar to those that would be incurred by development under the Task Force Draft General plan. However, new developments under either alternative would be constructed to conform with both local and State codes to mitigate potential impacts. Floods, Drainage and Mater Quality Potential floods, drainage and water quality impacts would be similar for Revised Project Alternative and the 'Task Force Draft General plan. However, because of the greater residential development potential under the Revised Project Alternative, the probability of impacts on the residential areas may be slightly higher under this alternative. Population, Housing and Jobs The Revised project Alternative would provide greater housing opportunities than under the Task Force Draft General plan. However, because this alternative provides for less office/industrial development, there would be a reduction in job opportunities in this land use category. The Association of Bay Area Governments (ABAG) has adjusted Cupertino's population growth by the year 2020 downward from 66,400 projected in "projections 2000 to 59,900 in "projections 200599 Hazardous Materials Potential impacts from hazardous material from the Revised project Alternative would be similar to those that may be generated under the Task Force Draft General plan. Mitigation of these potential impacts can be addressed by the existing codes, ordinances and policies incorporated into the proposed General plan. Historical and Cultural Resources Potential impacts on historical and cultural resources resulting from the implementation of the Revised Project Alternative would be similar to those associated with the .Task Force General Plan. Mitigation measures incorporated into the proposed project would reduce the potential impacts to less than significant. Energy Administrative Draft Alternative: Energy consumption resulting from the Revised Project Alternative is similar to that of the Task Force General Plan. Application of the State and local codes and ordinances, and implementation of the proposed policies would effectively reduce energy consumption. Mineral Resources Administrative Draft Alternative: Potential impacts associated with operation of the Hanson Permanente and Stevens Creek mineral resource areas would essentially the same as would be for the Revised Project Alternative as it would for the Task Force Draft General Plan. Consistency with Existing Plans Inconsistencies under the Administrative Draft Alternative would similar to the inconsistencies of the proposed Project. Conclusion The Revised Project Alternative is not significantly different than the proposed The Task Force Draft General Plan. It does, however, provide for more residential development. and for less office/industrial land use development. The potential environmental impacts resulting from the implementation of this alternative would not be significantly different than those associated with Task Force Draft General Plan. However, because of the greater residential potential of this alternative, it may exert more pressure for residential development of the under developed and undeveloped areas. Because of the individual differences in the allowable development potential of the two alternatives, the potential impacts associated with each alternative would be slightly different, as each alternative would affect different areas of the environment. However, when the cumulative intensity of each alternative is considered and compared, the impacts of the alternatives are similar and less than significant. Attachments: 1. Table of Alternatives 2. Total Population Table, ABAG "Projections 2005" iupplemental Environmental Analysis The following supplements the Final Environmental Impact Report previously prepared for review and certification by the Decision -Making Body (the City Council). This supplement addressees the potential environmental impact resulting from the changes made to the Task Force General Plan (The ]Project) by the City Council and the Planning Commission. These changes are presented in the following matrix and do hereby amend both the Task Force General Plan and the Environmental Impact Report prepared for the Task Force General Plan. The matrix is formatted into three columns: the first column (left hand side) of the matrix depicts the sections to be changed; the center column represents the changes made by both the City Council and the Planning Commission; the third column (right hand side) discusses the environmental implications of the proposed changes. TASK FORCE GENERAL PLAN LAND USE AND COMMUNITY DESIGN 1. Page 2-12 Maximum Building Heights Map (Figure 2-D) Policy 2-12, Page 2-12 3. Policy 2-13, Page 2-11 Add two strategies. CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL PLAN Maximum Building Heights Map (]Figure 2-D) will be revised to conform with the height changes recommended for each Special Center. Existing text shall be changed as follows: Actively pursue the annexation of unincorporated islands properties within the City's urban service area, including Monta Vista and Creston neighborhoods, which will be annexed on a parcel by parcel basis with new development. and other remaining small unincorporated islands will be annexed as Strategies 5 and 6 will be added as follows: Strategy 5-. Mufti -Family Residential FRodir Area Ratios Ensure that the floor area ratios of multi -family residential developments are compatible with similar buildings in the surrounding area. Include a mix of unit type and sizes, and avoid a preponderance of excessively large units. Strategy 6, Ordinance Revisions Revise the Planned Development and R-3 ordinances to reflect the intent of Strategy 5. 4 Policy 2-16, Page 2-14 Strategy 3 is hereby added as follows: Add a strategy. Transition Neighborhoods Recognize that some neighborhoods are in transition, and added flexibility for new residences will be considered. ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN The changes to the Maximum Building Heights Map will not have any significant adverse visual impact. These changes are being instituted to mitigate potential visual impacts on the aesthetic qualities of the City's skyline. The potential environmental impacts resulting from the change to the polity would be less than significant. The City already provide services to some of these areas. The of of the addition of these two strategies would be beneficial. They would help preserve the integrity and character of the multi -family residential areas. The addition of this strategy will have no. significant adverse effect on the environment. TASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION ENVIRONMENTAL EFFECTS OF CHANGES CHANGES TO THE TASK FORCE GENERAL TO TASK FORCE GENERAL PLAN PLAN 5. Policy 2-17, Page 2-15 Streetscape Design Strategy 7 is hereby added as follows: This new strategy would have no adverse effects on Add a strategy. Street Signs: When replacement is required, install new the visual qualities of the community. Signs have to street signs at major intersections that promote Cupertino be reviewed and approved by the City. community identity, such as using the morion logo on the sign. Retain the standard font size of the street name to ensure readability. 6. Page 2-17 Development Allocation Table 2-A (Development Allocation) on page 2-17 of the There are some small differences in the square Task Force General Plan is here by revised to conform footage in some land uses. The environmental affect with the City Council and Planning Commission actions. of these differences would be inconsequential. The major difference between the alternatives occurs in the projected buildout for the office and residential land use categories. The revised Table 2-A projects 925 residential units more at buildout than projected in the Task Force Draft General Plan. The effect of this differences on the environment of both of this alternatives would not significant when considered cumulatively. 7. Policy 2-20, strategy 2, Page 2-17 Delete this strategy if the intent is not to allow floor area The deletion of this strategy clarifies the City's A strategy to allow floor area ratios to be ratios to be exceeded: position relative to the issue, and does not have exceeded may be in conflict with other environmental implications. references that do not allow them to be Floor area ratios for non-residential uses may be exceeded exceeded. Delete existing strategy 2 and replace through the development review process using established it with a new strategy 2. criteria for evaluating projects. Replace strategy 1 with the following strategy as shown below: Strategy 2. Major Companies. Prioritized expansion office Environmental consequences associated with this space for existing major companies in Cupertino. Retain a strategy will be weighed against the benefits derived pool of 150,000 sq. ft. to be drawn down by companies by the City from proposed developments. with 1,500+ employees or companies with City corporate head quarters. New office development must demonstrate that the development positively contributes to the fiscal well being of the City. 8 COM. UERC AL SQ FT. OFFICE SQ. FT,,)HOTEL fl��l�� 2000 Built 2005 Built Buildout 2000 wilt 2005 Built Buildout 2000 Built 2005 wilt Buildout 2005 ]wilt ]buildout NEIGHBORHOODS Monta Nista 88,816 88,816 99,698 416,557 417,626 - 456,210 815 902 Oak Valley 178 178 ]Fairgrove 220 220 Other Areas � 17,576' 17,776 COMMERCIAL AREAS 354 570 Heart of the 1,182,456 1,194,164 1,476,115 510,531 510,531 521,987 City Vallco Farb 1,110,700 1,652,150 1,902,564 708,057 708,057 708,057 764 764 311 711 South 238,735 238,735 193,678 69,550 69,550 69,550 126 (D.A.) 126 126 484 784 Homestead Road Other Areas 494.,576 496,401 495,415 268,735 268,735 250,604 6 306 EMPLOYMENT CENTERS 46 146 North De 44,979 36,505 51,372 2,048,021 2,048,021 2,266,206 Anza Blvd. City Center 291358 61,308 79,011 1,032,072 1,050,227 1,050,227 224 224 556 656 Vallco Farb 127,806 127,806 133,147 2,843,144 2,968,144 3,069,676 315 315 315 551 851 North � � 94 Bubb Road 428,645 428,645 444,435 Other Areas Otywide 3,317,426 3,895,885 4,431,000 8,325,000 8,3442536 8,836,952 441 1,429 1,429 21,097 100 23,294 Guide 3,317,000 4,431,000 8,325,000 8,8405000 (I.Ounded to nearest thousand 2005 ]wilt includes approved and committed development *Estimate * 125,000 square feet committed to HP campus through a. Development Agreement was added to this column 6/13/05 Revised 6/28/05 -TASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN PLAN 8. Policy 2-21, Page 2-21 Add a new strategy 3 A new strategy is hereby added to Policy 2-21 on page 2-21 as follows: Strategy 3: Merriman -Santa Lucia: This strategy would have a positive effect on the housing market as it would allow existing housing to remain available. Allow legally constructed duplexes to remain in the area bounded by Santa Lucia Road, Alcalde Road and Foothill Boulevard. 9. Policy 2-24, Page 2-22 Monta Vista Development Intensity is hereby changed as shown below: Floor Area Ratio: 0.15commercial/commercial office. The change to this policy will not have primary environmental impacts. Secondary impacts will be Development intensity shall be determined in conjunction assessed at the time of the specific development with specific development review. review. Add Residential: Up to 12 per acre. Building Height is changed from "two story buildings with 10. Page 24 Commercial Centers some three story elements" to 30 feet. Commercial Centers: The first paragraph is hereby amended as follows: ... General Plan allocations for other commercial areas This change clarifies the City's desire for a vibrant commercial center. Potential impacts resulting from this policy would be assessed at the project review nodes are for local -serving commercial needs. phase of the development. Commercial/residential mixed-use is encouraged in selective commercial areas if the residential units provide and incentive for retail development and the resulting development is financially beneficial to Cupertino. Active commercial uses such as bookstores coffee shoes, restaurants office supply furniture and electronic stores are encouraized to locate in Cu ertino. 11. Policy 2-27: Heart of the City, Page 2-24 Development Activities are hereby changed as shown below: Mixed commercial and residential development may be Potential secondary environmental impacts associated with this change will be weighed against the benefits derived from the specific project through the project allowed if the residential units provide an incentive to review process. develop retail use if the development is well design, financially beneficial to Cupertino, provides community amenities and is are pedestrian -oriented. Change Development Intensity: Residential Buildout: TABLE 2-A 12. Policy 2-28: Crossroads Area, Page 2-25 Development Activities are hereby changes as shown bellow: Development along Stevens Creek Boulevard shall have retail uses with storefronts on the ground level. This change clarifies the policy as to what type of land uses the City would find desirable for this area. No significant environmental impact should result from the implementation of this change. Commercial office uses may be allowed on the second level. Limited residential uses are allowed. 10 `ASK FORCE GENERAL PLAN CITy COUNCIL AND .PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL ENVIRONMENTAL EFFECTS OF CHANGES TO THE TISK FORCE GENERAL PLAN PLAN 12 Continued Development Intensity is hereby changed as shown below: Floor Area Ratio 0.15 commercial/commercial/office. Development intensity shall be determined in conjunction with specific development review. Add Residential Units: Up to 25 units per acre Building Height is hereby changed to 45 feet. 13. Policy 2-29: Stevens Creels ]boulevard, Page 2-27 Development Intensity is hereby changed as shown below: Floor Area Natio: 0.15 commercial/commercial office. This change will not have any direct physical environmental impacts. Environmental impacts Development intensity shall be determined in conjunction with specific development review. Mixed commercial and associated with projects in this area will be analyzed during the project specific environmental review. residential development may be allowed if the residential units provided an incentive to develop retail use, if the development is well designed, financially beneficial to Cupertino, provides community amenities and is pedestrian oriented. Change Residential to: Up to 25 units per acre. Change Building Heights to 45 feet. 14. Policy 2-30: Vallco South, Page 2-27 Policy is hereby changed as shown below: Retain and enhance Vallco Park South as a large scale The effect of the revisions to this policy would be positive. a luster Plan for the area would help the commercial area that is a regional commercial (including hotel), office and entertainment center with supporting City crystallize its visions for this area. Future projects in this area will be subject of their residential development. This area, is specifically not environmental review. intended as a mixed use center, but rather as a hub for future city revenue producing uses (i.e. retail, hotel, commercial). Strategy 1 Master Plan — Prepare a master Plan for this area to ensure continuity of mass scale, connectivity and adequacy of infrastructure and services including schools. Strategy 2 Continue the Vallco ParkwUs streetscape, which was approved as part of the Vallco Rosebowl mixed-use development, along the entire Parkway, Development Intensity is hereby changed as shown. below: Floor Area Natio: 0.15 commercial/commercial office. Development intensity shall be determined in conjunction with specific development review. Mixed commercial and residential development may be allowed in the residential units provide an incentive to develop retail use, if the development is well designed, financially beneficial to Cupertino, provides community amenities and is arepedestrian-oriented. 11 TASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN PLAN 14. Continued Residential: Up to 3 5 units per acre. Residential Buildout: Table 2-A Change Building Heights to 60 feet if mixed use is included and 45 feet if mixed use is not included. 15. Policy 2-31: Homestead Road, Page 2-28 "Development Intensity" is hereby changed as shown below: No significant environmental impact would result from the implementation of this change. Floor Area Ratio: 0.15 commercial/commercial office. Development intensity shall be determined in conjunction with specific development review. Mixed commercial and residential development may be allowed if the residential units provide an incentive to develop retail use, if the development is well designed, financially beneficial to Cupertino provides community amenities and is are pedestrian -oriented. Residential Buildout: See Table 2-A Change Building Heights to 45 feet. 16. Policy 2-32 Remainder of Neighborhood Commercial Areas, Page 2-29 "Development Intensity" is hereby changed as shown below: Floor Area Ratio 0.15 commercial/commercial office. No significant environmental impact would result from the implementation of this change. Development intensity shall be determined in conjunction with specific development review.. Mixed commercial and residential development may be allowed if the residential units provide an incentive to develop retail use, if the development is well designed, financially beneficial to Cupertino provides community amenities and is are pedestrian -oriented. 17. Policy 2-33: North De Anza Boulevard Page 2-30 Development Activities are modifies as shown below: Office, industrial, research and development with supporting commercial and residential uses. New office development must be associated with new residential Potential impacts resulting from future developments in this area will be subject to their own individual environmental review. Potential impacts will be addressed at this time. development at a ratio of two units for every 1,000 sq. ft. of office space. "Development Intensity" is changed as shown below: Floor Area Ratio 0.15 commercial/commercial office. Development intensity shall be determined in conjunction with specific development review. Mixed commercial and residential development may be allowed if the residential units provide an incentive to develop retail use, if the development is well designed financially beneficial to Cu ertinoprovides community amenities and is are 12 TASK FORCE GENERAL PLAIT CITY COUNCIL AND PLANNING COMMISSION ENVIRONMENTAL EFFECTS OF CHANGES CHANGES TO THE TASK FORCE GENERAL TO THE TASK FORCE GENERAL PLAIT PLAN 17. Continued pedestrian -oriented. The Apple Computercampus shall not have a residential component. Residential Buildout : Table 2-A Building Heights changed to 45 feet. 18. Policy 2-34: City Center, Mage 2-31 "Development Intensity" is hereby changed as shown Potential environmental impacts associated with below: future development pursuant to this change will Floor Area Ratio 0.15 commercial/commercial office. assessed at the time of specific project environmental Development intensity shall be determined in conjunction review. with specific development review., Mixed commercial -and residential development may be allowed if the residential units provide an incentive to develop retail use, if the development is well designed, financially beneficial to Cupertino, provides community amenities and is are pedestrian -oriented. Residential Buildout: 'fable 2-A 19. Policy 2-35: Vallco Park North, Page 2-32 "Development Intensity" is hereby changed as'shown As with the above, potential environmental impacts below: associated with future development pursuant to this Hewlett ]Packard's development agreement locks in the change will assessed at the time of specific project remaining floor area allocated to their property. After the. environmental review. expiration of the development agreement, and for other properties in this area, the development intensity shall be determined in conjunction with specific development review. The Hewlett Packard campus shall not have a residential component. Residential Buildout: 'gable 2A Building Heights 60 feet 20 Policy 2-36: Bubb Road, ]Page 2-35 "Development Intensity" is hereby changed as shown According to Allocation Table 2- A, additional below: development is this area would be limited. This Floor Area Ratio 0.15 commercial/commercial office, limited amount of new development would not Development intensity shall be determined in conjunction generate any significant environmental impacts. with a specific development review. Building Heights: 30 feet. 21. Policy 2-3 8: )Economic Development ]Existing ]Policy is hereby changed as shown below: This policy would not generate any physical impacts Mage 2-35 Use an annual, 5 -year revenue projection, forecast by on the existing environment. revenue area, to correspond to Cupertino's current revenue analysis. Include a fiscal analysis of development applications comparing the development proposal with the annual economic development plan, including the fiscal impacts of the development on the city's prqjected 5 -year 13 TASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION ENVIRONMENTAL EFFECTS OF CHANGES CHANGES TO THE TASK FORCE GENERAL TO THE TASK FORCE GENERAL PLAN PLAN 21 Continued revenue stream. Develop a proactive economic residential development to provision revenue generating uses such as sales tax offices and retail uses. Create an economic develo ment staff and bud et. 22. New Policy (to follow Policy 2-42, Page 2-35 Conversion of Office /Industrial Uses to Residential: As with the above policy, this policy would not Evaluate the economic impact of converting generate any physical impacts on the existing office/industrial uses to residential uses. environmental. 23. New text and Policy (to follow new policy above) Maintaining Cohesive Commercial Centers and Office Potential impacts resulting from future developments Page 2-35 Parks: associated with this policy will subject of their own Cohesive commercial centers and office parks are individual environmental review, and specific project necessary to maintain a healthy sales tax base for the city impacts will be addressed at that time. and to retain opportunities for businesses to expand in response to changing trends.. Cupertino's major retail commercial centers are located at Vallco Fashion Park, the Marketplace and Portal Plaza centers, Cupertino Village, the Oaks and the Crossroads Commercial District; the office parks are located at Vallco (North of Highway 280), North De Anza Boulevard and Bubb Road: Projects with residential or quasi -public components or Hen retail salon pr-edueers that aro proposed to replace some or Vl V 411W4 are all of the existing industrial, office and commercial uses on site in these areas will be evaluated on a case by case basis to determine if they are complementary to the overall business park or shopping center, or otherwise meet the following criteria: 1) Integrate into the existing land use pattern by: • Continuing established land use patterns (i.e. commercial nest to commercial or residential adjacent to residential) • Continuing patterns of building massing, setbacks and height. Establishing logical development patterns bounded by visible natural or man-made features such as public or private road, creek, freeways, etc. 2) Provide visible pedestrian/bicycle connections to and from existing uses. 3) Provide a visible and publicly accessible ark/ laza area. 14 'ASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION ENVIRONMENTAL EFFECTS OF CHANGES CHANGES TO THE 'BASK FORCE GENERAL TO THE TASK FORCE GENERAL PLAN PLAIT 23. Continued 4) Orient active building spaces to the public or private rights -of --dray. 5) Provide superior building design with high quality natural. materials and building architecture. 6) Demonstrate there are sufficient existing or supplemental local revenues to support municipal. 7) Show that the building is functionally obsolete in a market sense and cannot be reasonably redeveloped or marketed into a compatible use within the surrounding area, or show the existing building/use is no longer complementary to the larger commercial center of office parr. 8) Show that the development can reasonably stand alone as a self-sufficient land use that is otherwise complementary to existing building and uses. 9) Show that the residential or quasi -public use provides an incentive to incorporate significant component of commercial or offices uses on the site. 1®/yp\\ 24. Page 2-3 b Commercial Development Text is hereby changed as shown below: Change of the text will not have any physical Text related to Vallco Farb. ...Redevelopment funds will be used to foster the environmental effects. Potential secondary impacts revitalization of this regional shopping center through mall resulting from projects associated with this polity will expansion, infrastructure improvement, economic be addressed during the project review process. development programs and provision of very low, low and moderate -income housin . 25 ]Policy 2-42: Detail Sales and Office Changed as shown below: No direct physical environmental changes will result Development In reviewing office development proposals, encourage from the change. ]Page 2-35 office uses and activities that generate significant revenues to the City, such as local sales offices, capturing point internet transaction and business to business tax revenues. New office development exceeding 50,000 square feet shall be approved only if one of these or similar benefits are provided. 26. Policy 2-43: Malleo Development Area Change as shown as shown below: No direct physical environmental changes will result Page 2-36. Facilitate redevelopment in the Vallco Redevelopment from the change. Area as a distinctive regional shopping, residential and entertainment center, with hotel uses. 15 TASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION ENVIRONMENTAL EFFECTS OF CHANGES CHANGES TO THE TASK FORCE GENERAL TO THE TASK FORCE GENERAL PLAN PLAN 27. New Policy (to follow Policy 2-44), Page 2-37 Big Box Development: Specific environmental impacts from projects Consider approving big box development if it is associated with the implementation of this policy will compatible with the surrounding area in terms of building be addressed at the time the projects are being mass and traffic. considered for approval. 28. Policy 2-45: Hillside Development Standards The last sentence in Strategy 2 is hereby changed as shown Revision of the Hillside Development Standards has Page 2-37 below: no environmental consequences. The implementation Actual lot sized and development areas will be determined of the added requirement would have a beneficial through zoning ordinances, clustering identification of effect on new hillside development. significant natural features and geological constraints. Amend Historic Resources Map by adding the Nathan Hall 29. Figure 2-G: Historic Resources Map The Cupertino Historical Society believes that it has Page 2-43 Tank House. historical significance and should be maintained and preserved. Preserving cultural and historical resources will have a positive effect on the environment. 30. Policy 2-63: Public Art, Page 2-45 Amend Strategy 1 as shown below: This change will not have direct physical effect on Strategy 1 Encourage developers to install works of public art for the environment. public and private non-residential projects. Promote publicly visible artworks in public and private development and gateways to the city. Follow Public Art guidelines to maintain an appropriate cultural milieu. Encourage the development of artist workspace. 31. Figure 2-I: Trail Linkages, Page 2-52 Amend the trails section adjacent to "Rancho San Antonio This change will not have direct physical effect on Park" text from " Future" symbol to "Existing or the environment Proposed" symbol. 32. Page 2-54 Union Pacific Railroad Amend the existing text by adding the underlined text as This change will not have direct physical effect on shown below: the environment. The corridor is designated as a proposed trail on the Trail Linkages diagram.. Should the railroad corridor use change provision for a continuous trail through the corridor must be included in the new use. 33. Policy 2-75: Park Design, Page 2-55 The following strategy is added: This change will not have direct physical effect on Where possible, open and restore covered creeks and the environment. riparian habitat. 34. Regnart Creek and West Foothills A comprehensive trail plan would be advantageous, to This change will not have direct physical effect on provide consistent trail designs for future develo ment. the environment. 35. Policy 2-70, Page 2-54 Strategy 2 Strategy 2 is hereby changed as shown below: This change will not have direct physical effect on Trail Project. Implement the trail projects described in this the environment. element. Evaluate any safety, security and privacy impacts and measures associated with trail develo ment. 16 TASK FORCE GENERAL PLAN CITE' COUNCIL AND PLANNING COMMISSION ENVIRONMENTAL EFFECTS OF CHANGES CHANGES TO THE TASK FORCE GENERAL TO THE TASK FORCE GENERAL PLAN PLAN 35 Continued rban Mork with affected neighborhoods in locatingurban - creek trail and locate creek trails on the oDpoSiteside of the creek from residential development. Evaluate any safety, security and privacy impacts and mitigations associated with trail development. Work with affected neighborhoods in.locating, trails 3 6. ]Page 2-3 5 A new policy is needed to promote a Add a policy to follow ]Policy 2-72: Park Variety: This change will not have direct physical erect on variety of park uses ]Plan for park uses that provide for a variety of recreation the environment. activities. 37. ]Policy 2-75: Park Design, Page 2-55 Modify as shown below: This change will not have direct physical effect on Needs to be modified. Design parks to, utilize the natural features and topography the environment, of the site and to keep long-term maintenance costs low. Strateg3L. Native Plants Maximize the use of native plants and minimize water use. 38. Table 2-C, Page 2-61 Add areas as shown below: This change will not have direct physical effect on Amend this table to incorporate private parks and Cali bark plaza, library plaza, City Center amphitheater, 3 the environment. open space areas. apt. .5 acre areas, private open space in planned developinent such as De Anja yaks. 39. Policies 2-79 and 2-82, Pages 2-62 and 2-63 Changes shown below: This change will not have direct physical effect on These policies are similar and should be Policy 2-77: Acquisition or Dedication of .Additional the environment. combined. ]Parklands: Additional parklands are identified and shall be acquired or dedicated in the Rancho Rinconada area, in the Vallco Park area, and in the area north of 1-280 near Melling. Require dedication when significant new housing units are identified to meet State requirements. ]Policy 2-82 is deleted. 40. Policy 2-81, ]Page2-62 Changes shown below: This change will not have direct physical effect on Some words were omitted from this policy. ]Provide park and recreational space and facilities for new the environment. residential development in the urban core. the need.., 4.1. Policy 2-83, ]Page 2-63 Change shown below: This change will not have direct physical effect on Delete one word ...tennis courts and will work... the environment. 42. LAND USE MAP Revert the proposed hillside land use designation for the This change will not have direct physical effect on ]Lindy Lane area properties to Residential Low 1-5 du/acre. the environment. 17 TASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION ENVIRONMENTAL EFFECTS OF CHANGES CHANGES TO THE TASK FORCE GENERAL TO THE TASK FORCE GENERAL. PLAN , PLAN HOUSING: 43. Page 3-4, Program 1, New Construction. Change shown below: Specific environmental impacts from projects ... After adjusting for housing units already provided associated with the implementation of this policy will between 1999-2001, the revised estimate is that adequate be addressed at the time the projects are being sites are needed for 2,325 units from 2001-2006, or 465 considered for approval. units per year. As the jobs/housing balance seem to have shifted, this goal will not be aggressively ursued. 44. Policy 3-1,. Page 3-5 Restore this policy and Household Income Categories: This change will not generate any physical changes Sufficiently Zoned Land for New Construction Very Low 378 Units on the existing environment. needed. Low 188 Units Moderate 626 Units Above Mod. 1,133 Units TOTAL 2,325 Units 45. Page 3-6, Program 1 Update these numbers when Planning Commission Housing Units by Planning District. determines the number of housing units for special centers, and also Residential Potential Outside of Planning Districts, Program 3. 46. Policy 3-4, Page 3-10 Change this program to conform to current state law. This change will not generate any physical changes Implementation Program 13 Density Bonus on the existing environment. This change will bring Program. the General Plan in conformity with State law. 47. Program 15, Page 3-10 Change as shown below if other requests to add back This change will not generate any physical changes Residential and Mixed Use Opportunities In or mixed-use are reinstated: on the existing environment. Near Employment Centers. ... the City will evaluate the possibility of allowing residential development above existing narking areas except where mixed use is herein excluded. 48. Policy 3-6, Page 3-11 New implementation Program for Policy 3-6 Housing Densities 49. Policy 3-6, Page 3-11 The deleted Implementation Program is: This change will not generate any physical changes The Task Force deleted an Implementation Implementation Program 18: Residential Development on the existing environment. The potential impacts Program from the Administrative Draft. Exceeding Maximums of this polity were addressed the Mitigated Negative Allow residential developments to exceed planned density Declaration prepared for the Housing Element. maximums if they provide special needs housing and the increase in density will not overburden neighborhood streets or hurt neighborhood character. Time Frame: 2001-2006 Res onsible Party: City of Cupertino Planning Department. 50. Policy 3-9, Page 3-14 A new strategy is added as follows: This change will not generate any physical changes Energy Conservation Evaluate providing incentives, such as reduced permit on the existing environment. Its implementation costs, for homes that exceed Title 24 requirements. would have a positive effect on the environment. 18 TASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION ENVIRONMENTAL EFFECTS OF CHANGES CHANGES TO THE '}BASK FORCE GENERAL TO THE TASK FORCE GENERAL PLAN PLAN 51. Program 28, Page 3.14 Change as shown: This change will not generate any physical changes Fee Waivers or Reduction.for ]Energy The Cit will evaluate an'd iMplement the potential to on the existing environment. Its implementation Conservation provide incentives, such as waiving or reducing fees, for would have a positive effect on the environment. energy conservation improvements to residential units Existgn or new). 19 TASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION ENVIRONMENTAL EFFECTS OF CHANGES CHANGES TO THE TASK FORCE GENERAL TO THE TASK FORCE GENERAL PLAN PLAN CIRCULATION: 52. Policy 4-2, Page 4-6 Modify text as shown below: This policy would have a positive effect on the TSM Programs Strategy 2: TSM Programs. Encourage TSM programs environment as it provide a reduction in automobile for employees in both the public and private sectors by traffic. including preferred parking for carpools, providing bus passes, encouraging compressed workweeks and offering parking cashouts. Encourage Employee Cashout Programs by amending the parking ordinance to define the progLam elements. 53 Policy 4-3, Strategy 5, Page 4-7 To enhance walking, consider various improvements to Providing safe and attractive pedestrian facilities roadways to make them more pedestrian friendly and Pedestrian Improvements could divert people away from the automobiles. This less auto -centric. Where a median is provided, it should could result in lower traffic volumes and less auto be wide enough to safely accommodate pedestrians. emissions. Streets such as Homestead, Bollinger, Rainbow, Prospect or Stelling should be evaluated for potential improvements for pedestrians. Working with the neip,hborhood, consider reducing residential street widths to promote slower traffic and less pervious surface. 54. New Policy (to follow Policy 4-3), Page 4-8 A new policy is added as shown below: This policy will not generate any adverse Regional Trail Development Continue to plan and provide for a comprehensive environmental impacts. There could be some system of trails and pathways consistent with regional potential impacts during the expansion of the system, systems, including the Bay Trail, Stevens Creek Corridor but the ultimate results would be beneficial. and Ridge Trail. The General Alignment of the Bay Trail, as shown in the Association of Bay Area Governments' Bay Trail planning document, is inco orated in the General Plan by reference. 55. Policy 4-5, Page 4-13 Modify strategy as shown below: This change will not generate any physical changes Modify a strategy 3. Allocation of Non-residential Development. In on the existing environment. Its implementation order to maintain a desired level of transportation system would have a positive effect on the environment. capacity, the city's remaining non-residential development potential shall be pooled and reallocated according to the city's development priority tables as shown in the Land Use Element of this Plan. Floor area ratio (FAR) limitations apply to all remaining commercial, office and industrial properties, unless a property received a bonus FAR credit authorization by the 1993 General Plan and/or a higher development allocation, above the FAR limitation, approved by the Ci 20 TASK FORCE GENERAL PLAN CITY COUNCIL AND. PLANNING COMMISSION ENVIRONMENTAL EFFECTS OF CHANGES CHANGES TO THIS TASK FORCE GENERAL TO THE TASK FORCE GENERAL PLAN PLAN 56. policy 4-5, page 4-13. Add a new strategy as shown below: This policy would have a beneficial effect on the A new strategy is needed to make the capacity C. Intersection Capacity Improvements. environment. It could provide for improved traffic improvements at the two intersections where needed Make capacity improvements as needed to maintain ' flow and ]Levels of Service (LOS). to maintain the (Level of Service policy standard. Revel of Service policies. (De .Anna Boulevard and Homestead Road and Stelling Road at McClellan Road.) 70 Enhanced LeveR of Service Strive to enhance the intersection ]Levels of Service where feasible. 57. page 4-12 .Add the following to the first paragraph: This change would not have any physical effect on New Text It is the intent of this plan that most streets should the environment. operate with no more than a tolerable level of congestion, LOS D. Exceptions to this standard in the Crossroads and at other locations to ensure pedestrians are well served at intersection are discussed below. This change would not have any physical effect on 58. policy 4-11, Strategy 1. page 4-16 Change the requirement of 66%. Requiring 60% approval by residents on the streets the environment. affected by traffic calming measures is not consistent with existing City practices. 59. Table 4-2, Page 4-18 Change as shown below: This change would not have any physical effect on A correction to the ]Level of Service is needed. De Anza Boulevard at McClellan Road, Existing 2000, the environment. Morning B, C++, Afternoon iC, C- projected 2020 Morning B C, Afternoon D D+. Stevens Creek Boulevard at SIS 85 Southbound Damps, projected 2020, Morning B C. 60. page 4-13 Restore Adm. Draft Restore this policy and strategies: This change would not have any physical effect on Policy 4-6 Traffic Service and pedestrian Deeds Balance the needs of pedestrians with desired traffic the environment. service. Were necessary and appropriate, allow a lowered LOS standard to better accommodate pedestrians on major streets and at specific intersections Strategy: :'Traffic Signal Walk Times. This strategy is. described in policy 4-3. Added time on walk signs Mould be most appropriate near shopping districts, schools and senior citizen developments. 21 TASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION ENVIRONMENTAL EFFECTS OF CHANGES CHANGES TO THE TASK FORCE GENERAL TO THE TASK FORCE GENERAL PLAN PLAN 61. Policy 4-11, Page 4-16 Traffic Calming Change as shown below: Discourage traffic from using local neighborhood streets by employing traffic calming measures. Install traffic calminiz measures where appropriate to reduce traffic Implementation of this policy could transfer the existing problem to other areas presently not affected. The potential environmental impacts of this action would have to be evaluated prior to implementation. impacts and enhance walkabiltiy. Add Strategy 4: Use VTA Pedestrian Technical guidelines in street design traffic calming and pedestrian crossings. 62. Page 4-18 A change is needed to the description of "Future Year Traffic Conditions" Change as shown below: ... However, assuming roadway capacity improvements were provided at the intersection of De Anza Boulevard This change would not have any physical effect on the environment. at Homestead Road and Stelling Road at McClellan Road, The 2020 LOS for major intersections... 22 TASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION ENVI[RO MENTAL EFFECTS OF CHANGES CHANGES TO THE TASK FORCE GENERAL TO THE TASK FORCE GENERAL PLAN PLATT ENVIRONMENTAL RESOURCES: 63. Policy 5-1; Mage 5-2 Add a strategy to policy 5-1: This change would not have any physical effect on An additional strategy is needed to stress water use Strategy 4: Conservation and ]Efficient Nater Usage. the environment. efficiency. Adopt and implement programs that promote conservation and efficient water usage. 64. Policy 5-1, Mage 5-2 Add a strategy to Policy 5-1: This change would not have any physical effect on A reference to the environmental benefits of Strategy 5: Community Gardens. Encourage community the environment. community gardens is requested. gardens, which provide more livable environment by controlling physical factors such as temperature, noise and pollution 65. Policy 5-3, Mage 5-6 Strategy 1 Modify Policy 5-3 and Strategy 1 as shown below: This change would not have any physical effect on Modify Strategy Green Building Design Encourage Set standards for the the environment. design and constriction of energy and resource conserving1efficient buildings (Green Building Design).. Strategy 1: Green Building ]Evaluation Program. Prepare and implement "Green Building evaluation standards for all major private and public projects that ensure reduction in energy consumption for new development through site and building design. The amendment to this policy would have a positive 66. policy 5-4; Mage 5-8 mend policy and add a strategy as shown below: Air Pollution Effects of New Development Minimize the air quality impacts of new development effect on the environment, particularly as it relates to New Strategy project and the impacts affecting new development. the effect of the air quality on sensitive receptors. Strategy 4 Environmental Review. ]Evaluate the relationship of sensitive receptors, such as convalescent hospitals and residential uses, to pollution sources through the environmental assessment of new development. 67. Policy 5-7, Strategy 2, Wage 5-9 Change as shown below: Implementation of this policy would have a positive A strategy regarding prohibition of wood -burning Prohibit the use of wood -burning fireplaces in new effect on the air quality. fireplaces needs to be clarified. construction, except for Environmental Protection Agency Certified Woodstoves. 68. Mage 5-17 Changed as shown below: This change would not have any physical effect on The paragraph under "Ground Nater Recharge The Santa Clara Valley Groundwater sub -basin provides the environment. Facilities" needs to be replaced approximately half of the total water in Santa. -demands Clara {County, with an estimated operating capacity of approximately 350,000 acre feet. The Santa Clara Talley eater District is the groundwater management agency in Santa Clara County. The district conjunctively manages the basins to maximize water su 1 , protect.the basins from contamination and ensure 23 TASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL PLAN ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN 68. Page 5-17 Continued that groundwater supply is sustained. The District manages the groundwater resources, including groundwater recharge, through percolation ponds and in - stream recharge of the creeks. The McClellan Ponds recharge facility is located in Cupertino 69. Page 5-18 Changes to Urban Conservation: This change would not have any physical effect on A revised description of Urban Conservation is Climatic conditions of the region within which the environment. proposed. Cupertino is located reflect the climatic conditions typical of the rest of the State of California. These conditions are characterized by periods of hot and dry seasons and seasons of heavy rainfall during the wet winter months. Weather conditions, however, can vary from year to year. In recent times, the region experienced periods of multi-year droughts in 1976-1977 and again in 1987-1992. Given the cyclical nature of the climatic conditions, it may be assumed that the region may again experience periods of drought in the future. Water conservation is of great economic, social and environmental importance. During these past periods of drought, the two retailers serving the City imposed water restrictions on their customers in response to the Santa Clara Valley Water District's call for water use reduction. The reduction targets were periodically adjusted during the drought based upon water reserves, water usage and projected water supplies from both local and imported sources. Through the water management programs of both the District and the retailers, groundwater levels remained healthy and land subsidence was avoided. The District is currently updating its Integrated Water Resource Plan (IWRP), the purpose of which is to develop a flexible and incremental water supply plan for Santa Clara County through the year 2040. According to the District, flexibility is a key aspect o the IWRP 2002, which calls for periodic reassessments to respond to 24 TASK FORCE GENERAL PLAIT CITY COUNCrL ALTO PLANNING COMMISSION ENVIRONMENTAL EFFECTS OF CHANGES CHANGES TO THE TASK FORCE GENERAL TO THE TASK FORCE GENERAL PLAN PLAN 69. Page 5-18 Continued ever-changing water demand and water supply conditions. The District strives to meet the needs of its water retailers, but unpredictable eventualities necessitate continual monitoring and revision to theDistrict's water management activities. In .the 2001 session, the State ]Legislature and Governor enacted Senate Bills 221 and 610, which requires jurisdictions to secure a water supply assessment from suppliers of water systems, for projects subject to the California ]Environmental Quality Act. The water supply assessment must be incorporated into the environmental documents and considered when determining if projected water supplies are sufficient to satisfy the demands of the project, in addition to the existing and fanned future demands. 70. Page 5-18 Change as shown below: This change would not have any physical effect on A reference is needed to the Santa Clara Valley Other Water Resources. the environment, but its implementation would have a Water District. Cupertino has two major water suppliers: The California beneficial effect on the environment. Nater Company and the San Jose eater Company. Toth of these retailers purchase their supply from the Santa .' Clara Vallpy water District. This change would not have any physical effect on 71. Policy 5-21, Page 5-17 Change as shown below: The policy related to Pollution and Flow Impacts Prior to malting land sue decisions, estimate increases in the environment, but its implementation would have a needs to be revised. pollutant loads and flows resulting from projected future beneficial effect on the environment. development to avoid surface and groundwater duality by acts. 72. Policy 5-29, Page 5-19 change as shown below: This change would not have any physical effect on This policy needs to be revised. Coordination of Local Conservation Policies. with the environment, but its implementation would have a Legion -wide Conservation Policies: beneficial effect on the environment. Coordinate city-wide water conservation efforts with the Santa Clara, Valley Nater District efforts being conducted on a regional scale. Maintain city-wide efforts of Water conservation similar to those being conducted on a regional scale. Many of these... 73. Policy 5-31, Page 5-20 Change as shown below: This change would not have any physical effect on This policy needs to be revised Nater Use Efficiency: Promote efficient use of water the environment, but its implementation would have a throughout the City. beneficial effect on the environment. 25 TASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN PLAN 73. Policy 5-31, Page 5-20 Continued Excessive Water Use: Prohibit excessive water uses throughout the City. This change would not have any physical effect on the environment, but its implementation would have a Strategy 1: Landscaping Plans. Require water -efficient beneficial effect on the environment. landscaping plans that incorporate the usage of recycled water for landscape irrigation as part of the development review process. Strategy 2: Water Conservation Programs. Work with the Santa Clara Valley Water District to undertake programs that promote water use efficiency for residential and commercial customers. Maintain programs... 74. Page 5-34 A reference to the Stevens Creek Reservoir is needed. Change as shown below: Flooding resulting from dam failure is yet another hydrological hazard. The largest body of water within the area is Steves Creek Reservoir. Stevens Creek Dam This changes provide additional information relative to potential flooding and informs about the current safety standards of Stevens Creek Dam. meets current dam spf* standards and the probability of its failure is minimal. Causes for dam failure are numerous. They include inadequate design, construction deficiencies and sometimes poor underlying foundation conditions. bearing soils. Dam failure resulting from seismic events are rare. 75. Policy 6-1, Strategy 2 Geotechnical and Structural Analysis Change as shown below: Require all developers to provide geotechnical analyses per the requirements of the California Seismic Hazards This would provide additional information about the suitability of construction sites and would improve construction safety. Mapping Act and the California Environmental Quality Act. requirements of the State of California. 76. Policy 6-11, Page 6-15 Residential Fire Sprinklers Ordinance Change Policy as shown below: Consider adopting a residential fire sprinkler ordinance. This will reduce both fire flow requirements and the need for fire fighting ersonnel and equipment. 77. Page 6-25 The Cupertino Emergency Plan Change all references from Standard Emergency Management System (SEMS) to National Incident Management System S . This change would not have any physical effect on the environment, but its implementation would have a beneficial effect on the environment. 78 Policy 6-64, and Policy 6-65, Page 6-44 The technical description of interior and exterior Starting with the sentences in both policies that begin with "Specifically, require...," strike the remaining text. This change would nave no physical effect on the environment. noise requirements need to be deleted. 26 TASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION ENVIRONMENTAL EFFECTS OF (CHANGES CHANGES TO THE TASK FORCE GENERAL TO THE TASK FORCE GENERAL PLAIT PLAN 79 ECHNICAL APPENDIX B Modify as shown below: This change would not have any physical effect on Page B-66 Modify text. Strengthen the energy performance of existing housing. the environment, but its implementation would have a The City will consider adopting encourage a residential beneficial effect on the environment. energy conservation ordinance requiring residential units to meet rah um energy efficiency requirements at the time of re sale or major renovation. Attachment 1 Table of Alternatives and City Council & Planning Commission Changes to the Task Force Draft General Plan Land Use Category Existing Conditions. (Baseline Yr. 2000) Task Force Draft General Existing General Plan Administrative Draft City Council & Plan. Commission Changes to Task Plan Force Draft The Project General Plan Commercial (Sq. Ft.) 3,317,426 (Sq. Ft) 4,431,000 (Sq. Ft) 4,431,000 (Sq. Ft.) 4,174,136 (Sq. Ft.) 4,431,000 (Sq. Ft.) Office/Industrial (Sq. Ft. 8,325,312 (Sq. Ft) 9,320,005 (Sq. Ft.) 9,428,000 (Sq. Ft.) 9,320,005 (Sq. Ft.) 8,836,952 (Sq. Ft.) Residential (Dw./Units) 20,032 (Dw/Units) 22,369 (Dw/Units) 22,369 Dw/Units) 24,647 (Dw/Units) 23,294 (Dw/Units) Hotel Rooms 411 (Rooms) 1,429* (Rooms) 1,027 (Rooms) 1,578 (Rooms) 1,429 (Rooms) Source: City of Cupertino Community Development Department *those in the pipeline plus the Vallco potential Attachment 2 TOTAL POPULATION SUBREGI]ONAL STU®Y AREA 2000 2005 2010 2015 2020 2025 2030 CAMPBELL** 39,266 39,300 40,300 40,900 41,600 42,500 43,400 CUPERTINO** 52,970 55,400 57,900 53,500 59,900 60,200 60,200 OILROY** 43,065 53,500 60,000 62,300 64,600 65,600 66,400 LOS ALTOS** 30,254 30,000 30,400 30,300 31,400 31,600 31,500 LOS ALTOS HILLS** 9,455 9,900 10,100 10,300 90,500 10,600 10,700 LOS OATOS** 31,389 32,100 32,700 33,400 34,200 34,600 35,500 MILPITAS** 62,610 65,500 70,400 76,500 62,400 66,900 91,400 MONTE SERENO** 4,234 4,400 4,500 .4,500 4,700 4,700 4,600 MORGAN HILI** 36,156 41,000 45,100 46,300 46,900 49,700 50,000 MOUNTAIN VIEW** 70,377 72,000 76,000 60,600 34,500 37,200 39,600 PALO ALTO** 71,914 74,000 73,300 32,900 36,600 39,100 92,200 SAN JOSE** 941,993 935,000 1,049,600 1,116,600 1,1961900 1,264,400 1,339,400 SANTA CLARA** 102,361 106,700 117,400 123,600 130,100 130,400 142,100 SARATOGA** 30,334 30,900 31,700 32,400 33,300 33,600 33,900 SUNNYVALE** 133,086 133,000 135,600 140,600 146,900 152,500 159,100 REMAINDER 14,706 15,400 151900 16,200 16,600 16,600 16,900 SANTA CILARA COUNTY 196329535 11975091100 198559500 1199599100 2,0739300 2911659600 29267,900 *Clip **CITY SPHERE OF INFLUENCE ***OTHER SUSREOIONAL AREA 222 PR®J[ Clt'6®V IS 2005 ASSOCOA` RON OF BAY AREA GovERNMEN fl S Preparers Consultants to the City of Cupertino, and preparers of the Mitigated Negative Declaration for the Housing Element and the Final Environmental Impact Report for the General Plan. PLANNING RESOURCE ASSOCIATES Leon C. Pirofalo, AICP Principal and Project Manager Robert L. Harrison, Transportation Principal and Transportation Planner Donald A. Woolfe, AICP, AIA Principal Al Morales Associate and Principal Author RESPONSES TO COMMENTS SUBSTITUTE PAGE 2-40 General Plan Draft EIR — Comments and Responses Page 2-40 Discourage traffic from using local neighborhood streets by employing traffic calming devices (Policy 4-11) Toxic Air Contaminants (TACs), dust, and odors Toxic Air Contaminants (TACs) and other nuisance pollutants such as dust and odors are generated by industrial plants, refineries, chemical plants commercial facilities, dry cleaners, gasoline stations, etc. They can have an adverse effect on human health. The following mitigation measures will eliminate and/or reduce potential impacts to acceptable levels. Construction, mining operations, building demolition, excavating, grading and mining operations. can release dust and associated suspended ,particulate. lmplementationof the following mitigation measures will mitigate these potential impacts. Continue to require the use of appropriate agents to control dust during construction activities. Coordinate efforts with the County of Santa Clara Jo control emissions from the operations of Hansen Permanente Cement Plant and Stevens Quarry. Continue to review new projects for their potential to generate TACs and require that these pollutants be controlled. ® Continue to require the proper storage and disposal of hazardous materials to prevent leakage and potential release of toxic fames. ® Continue to coordinate with the County and implement the county -wide the Household Hazardous Waste Program. Potential Effects on Sensitive Receptors Generally, the actions proposed in the General Plan can be eliminated or reduced to less than significant levels. However, persons with particular medical problems and/or sensitive air pollutants will continue, to be affected. Sensitive Receptors Sensitive receptors are: facilities,' such as: hospitals, schools, convalescent homes and residential areas where the infirm, the elderly, children, people with illnesses and/or particularly sensitive to the effects of air pollutants are housed. Air pollutants such as criteria pollutants, toxic air contaminants, odors and dust affect all segments of the population. However, there are certain groups of the population, such as those enumerated above that are more vulnerable to the effects of air pollution. For that reason, attention is focused on sensitive receptors. City of Cupertino General Plan 2005 Mitigation Monitoring and Reporting Program 1r.anad, TTPP- Mitigation Monitoring and Reporting Program of the Cupertino General Plan The following mitigation measures will be carried out in a timely manner to mitigate the potential environmental impacts resulting from the implementation of the City of Cupertino General Plan, pursuant to the provisions of Assembly bill 318® (Public Resources Code Section 21081.6). DESCRIPTION OF MITIGATION MEASURES AGENCY MONITORING ENVIRONMENTAL ENVIRONMENTAL IMPACTS RESPONSIBLE FOR SCBEDULE HAPACTAFTER IMPLEMENTATION MITIGATION PotenflaR Impacts.* Proposed by GeneraRPDan: Development in accordance with the Create a vibrant,, shopping village in the Community Development On-going Less than significant General Plan could affect the existing Crossroads area, where commercial and Department land use patterns and the general roadway design encourage pedestrian character of the City. activity. (Policy 2-3) Implementation of the Commercial Concentrate development in urban nodes Community Development On-going Less than significant and residential growth provisions of and selectively include housing with offices Department the General Plan will result, in an and commercial uses where appropriate in increase . in population. This new designated centers. (Policy 2-1) growth will exert pressures for new development that could adversely Concentrate urban building forms in Vallco Community Development On-going Less than significant affect existing neighborhoods and Park, City Center and Crossroads/Heart of Department/Dept. possibly the undeveloped hillside the City planning areas. (Policy 2-13) of Public Works areas. Provide strong connections between the Community Development On-going Less than significant employment and commercial centers to the Department surrounding community. (Policy 2-2) Plan for neighborhoods that have distinctive Community- Development On-going Less than significant edges, identifiable center and safe Department pedestrian and bicycle access to surrounding uses. (Policy 2-5) Encourage active, publicly oriented land uses Community Development On-going to locate in the urban centers. (Policy 24) Department/Dept. of Public Works On-going Less than significant New growth would increase demands Protect residential neighborhoods from Community Development for high density residential housing noise, traffic, light and visually intrusive Department. developments. effects from more intense developments. (Policy 2-6) 1,anrl TTvp- DESCRIPTION OF ENVIRONMENTAL IMPACTS MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AFTER MITIGATION Potential Impacts: Proposed by General Plan: New growth would create greater See Public Services and Utilities Section. demands on the existing public services and utilities. New growth could increase the student Recognize the financial impact of enrollment at the local schools beyond increased development on the school the available capacity. districts' ability to provide staff and facilities. (Policy 2-53) See also Public Services and Utilities Section. New development and changes in the Define circulation system as a hierarchy Community Development 2006 Less than significant land use patterns could deteriorate of street widths from urban to rural areas. Department/Dept. of traffic LOS below City standards. Balance road -way system between Public Works automobile and pedestrian/bicycle needs. (Policy 2-7) Also see Circulation Section Allow modification of the long-term City Council To be determined Less than significant growth boundary only in conjunction with a comprehensive review of the City's General Plan. (Policy 2-9) Focus City resources in urbanized area Community Development On-going Less than significant where the City has previously agreed to Department provide service. (Policy 2-10) Work with Los Altos, San Jose, and Community Development 2006 Less that significant Sunnyvale, as appropriate, to create Dept. in cooperation with boundaries that define logical municipal San Jose, Los Altos service areas. (Policy 2-11) Sunnyvale & LAFCO Actively pursue the annexation of Community Development On-going Less that significant unincorporated islands within the City's Department & LAFCO urban service area, including Creston neighborhoods and other remaining small, unincorporated islands. (Policy 2-12) � �JLPA IOi'I l' DESCRIPTION � ENVIRONMENTAL IMPACTS MITIGATION �lTi101 �l 1�JIJGt �4 4JJL�IL . AGENCY RESPONSI3E L E FOR BVLEMl1NNATION 1�Ig �1�iJL JL V JCS LJSV G SCHEDULE JLC ONME1�1 JL AL ENVIRONMENTAL IMPACT AFTER MITIGATION Proposed by the General Plano Concentrate urban building forms in cConununity Development On-going ]Less than. significant Vallee. Park, City enter and Department Crossroads/Heart of the City Planning Areas. (Policy 2-13) Emphasize attractive building and site Community Development On-going fess than. significant design during the development review Department: process. (Policy 2-14) Preserve the character of the residential cComirnunity Development On-going fess than significant neighborhoods by requiring neve Department development to be comparable to the existing. (Policy 2-16) Consider unique streetscape choices for Community Development On-going ]Less than significant different parts of Cupertino. (Policy 2-17) Department/ Dept. of Public Works In public and private landscaping projects Community Development ®n -going Less than significant subject to City review, select landscaping Department designs that reflect the development context. (Policy 2-1 8) Maintain. a city structure of Community Development On-going Less than significant Neighborhoods, Commercial areas Department ]Employment areas and Education/ Cultural Areas. (Policy 2-20) Identify neighborhoods that have an Community Development On-going ]Less than. Significant architectural style, historical back -ground Department that unique neighborhood and develop plans to preserve and enhance their character. (Policy 2.21) Develop pedestrian -friendly street Community Development !fin -going ]Less than significant environments in each neighbor -hood that Department/Department. help create neighborhood identity, of Public Works improve safety, increase opportunities for social interaction and connections to - shopping, schools, recreation and other destinations. "Policy 2-22) _ T .anA TTQP- -;� DESCRIPTION OF ENVIRONMENTAL IMPACTS MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IWACT AFTER MITIGATION Proposed by the General Plan: Ensure that zoning, subdivisions and lot Community Development During project review Less than significant line adjustment requests related to lot size Department/ Department process or lot design consider the need to pre- of Public Works serve neighbor -hood lot patterns. (Policy 2-23) Retain and enhance Monta Vista as a Community Development On-going Less than significant residential, commercial and industrial Department node, with adequate pedestrian and bicycle access. (Policy 2-24) Retain and enhance Oak Valley as a Community Development On-going Less than significant unique neighborhood surrounded by Department natural hillsides, private public open space. (Policy 2-25) Preserve the unique character of the Community Development On-going Less than significant Eichler homes in the Fairgrove Department neighborhood. (Policy 2-26) Create a positive and memorable image Cominunity Development On-going Less than significant along Stevens Creek Blvd. of mixed use Department development, enhanced activity nodes, safe and efficient circulation and access for all modes of transportation. (Policy 2-27) Create a positive and memorable image Community Development On-going Less than significant along Stevens Creek Blvd. of mixed use Department development, enhanced activity nodes, safe and efficient circulation and access for all modes of transportation. (Policy 2-28) Retain and enhance Stevens Creek Blvd. Community Development On-going Less than significant as a mixed commercial, office and Department residential corridor connecting De Anza College, Crossroads, City Center, Vallco Fashion Mall. Polis 2-29 IST ,-nnA TTvh® DESCRIPTION OF IE-WMO11TVIE T A L INTACTS MITIGATIONMEASURES AGENCY R-ESPONSIBILIE :FOR IMPLEMENTATION MONITORING SCBEDU .IE ENVIRONA&E:h TAT IMPACT AFTER MITIGATION Proposed by the General Plano Retain and enhance Vallco Farb South as Community Development On-going (Less than significant a large scale commercial area that is a Department highly regional commercial, office and entertainment center. (Policy 2-30) Create an integrated mixed-use Coininunity Development On-going Less than significant commercial and housing village along Department Homestead Road, consisting of three integrated areas._ (.policy 2-31) Retain and enhance neighborhood Cominunity Development On-going (Less than significant commercial areas, which provide goods Department and services neighborhood residents and visitors. (Policy 2-32) Maintain and enhance North Ike Anza Community Development ®n -going (Less than significant Blvd. as a regional employment center Department with supporting commercial and residential land uses. (Policy 2-33) Maintain and enhance City Center as a Community Development ®n -going Less than significant moderate scale density, mixed use district Department that will provide community identity and activity and will support retail in the Crossroads Area. (Policy 2-34) Retain Malleo Park North as an employ- Conu-nunity Development ®n -going (Less than significant anent area of predominately office and. Department light industrial activities, with neighbor- hood commercial areas. (Policy 2-35) Retain the Bubb area primarily as an. Cominunity Development On -,going (Loss than significant industrial and research. and development Department area. (policy 2-36) Support De Anza College in its role as a Community Development On-going ]Less than significant valuable community resource, and seek Department opportunities to integrate future activities into the community. Folic 2-37) Land Uvw! DESCRIPTION OF ENVIRONMENTAL IMPACTS MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AFTER MITIGATION Proposed by the General Plan: Facilitate redevelopment in the Vallco Community Development On-going Less that significant Redevelopment Area as a distinctive, Department regional shopping and entertainment center, with hotel uses. (Policy 2-43) Establish building and development Community Development 2006 Less that significant standards for the hillsides that ensure Department hillside protection. (Policy 2-45) Allow certain hillside properties to Community Development On-going Less that significant develop using a previous General Plan Department designation. (Policy 2-46) Require discretionary review of hillside Community Development On-going Less that significant or R-1 properties if development is Department proposed on slopes greater than 30% or any other area where the presence of health and safety problems has been determined. (Policy 2-47) Cluster lots in major subdivisions in the Community Development On-going Less that significant 5 -20 -acre slope density designation and Department encourage clustering in minor subdivisions. (Policy 2-48) Require rural standards in the hillsides Community Development On-going Less that significant areas. (Policy 2-49) Department Design and lay out public facilities, Community Development On-going Less that significant particularly public open spaces, so they Department include views of the foothills or other nearby natural features. (Policy 2-50) Hillsides policies found in the Santa Clara Community Development On-going Less that significant County General Plan adopted in 1994 are Department included in the Cupertino General Plan by reference and are applicable to the unincorporated hillside area. (Policy 2- 51 T andl lTva- DESCRIPTION OF ENTVIRON1\4ENTAL IMPACTS MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AFTER MITIGATION Proposed by the General Man County development, particularly if located Santa Clara County On-going Less than significant near Cupertino's urban fringe area, should consider Cupertino's General Plan. (Policy 2-52) Allow land uses not traditionally considered Community Development On-going Less than significant part of a college to be built at De Anna Department College. (Policy 2-55) The Santa Clara County Parks program Community Development Santa Clara County Less than significant should pursue the goal of connecting Upper Department and lower Stevens Creek Parks. (Policy 2- 64) Actively pursue inter -agency cooperation in Community Development On-going Less than significant acquiring properties near the western Department planning area boundary to connect the lower foothills, the open space, trail system and the neighborhoods. (Policy 2-65) Retain some form of revenue -generating Community Development On-going Less than significant potential at Blackberry Farm as the uses Department transition from non-resident to resident use. (Policy 2-66) Hold a portion of developer f6es in reserve Community Dev. Dept./ On-going Less than significant for the possible acquisition of surplus Parks & Rec. Dept./Parks school properties if they become available. & Rec. Com/ City (Policy 2-77) Council Require dedication of public parkland in Com I munity Dev. Dept./ On-going Less than significant areas where significant new housing units Parks & Rec. Dept./Parks are identified to meet State requirements. & Rec. Com/ City (Policy 2-82) Council Recognize the public benefits derived from Community Development On-going Less than significant facilities such as gymnasiums, swimming -Department I pools and/or tennis courts. (Policy 2-83) 1 .anti TTep- DESCRIPTION OF ENVIRONMENTAL IMPACTS MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AFTER MITIGATION Proposed by the General Plan: Base boundaries between land use Community Development On-going classifications upon lot lines of established Department land use activities. (Policy 2-84) Allow public and quasi -public activities in Community Development On-going Less than significant commercial or office land use categories Department with zoning use permit. (Policy 2-86) Designate all public schools sites for public Community Development On-going Less than significant use. (Policy 2-87) Department Permit new drive -up service facilities for Department of During project review Less than significant commercial, industrial or institutional use Community Development process only when adequate circulation, parking, noise control and architectural features are compatible with surrounding uses. (Policy 2-88). 1 C.� i1H#1 (Ili fl, M Qi'' n1 ° DESCRIPTION OF ENVIRONNffiNTALIMPACTS MITIGATION MEASURES AGENCY RESPONSIBLE SI1GlZl ILEFOR b 1@/ [ LEl@r ILTA YTIO MONITORING S CBEDU �.']EIMPACT EN T]► tRONIVIENf'AL AFTER'ER MaTI,/ A JL ION Potentnafl Impacts: Proposed by the General PR no ]potential growth resulting from Assign priorities to households who live or Community.Development On-going ]Less than significant increased job opportunities and work in Cupertino for BMR units produced Department Cupertino's desirability as a through the plan or affordable lousing units residential community will exert built with mitigation fees. (Policy 3-1) pressures for additional housing. Encourage the development of diverse Community Development On-going Less than significant Moreover, State lave requires that housing stock to provide a wide range of Department local governments zone sufficient housing types (including smaller, moderate vacant lands for residential use at cost housing) at affordable levels. standards and densities appropriate Emphasize the provision of housing for to meet the housing needs of all lower/moderate income house -holds and, economic segments of the also, households with wage earners who population. provide services (e.g., school district, municipal, and public safety employee. (policy 3-2) Pursue and/or provide funding for the Cominunity Development On-going fess than significant construction or rehabilitation of housing Department affordable to the very love, low and moderate income households. Actively -support and assist non-profit and for profit developers in producing affordable units. (Policy 3-3) Maintain/adopt appropriate land use Community Development On-going ]Less than significant regulations and other development tools to Department encourage the development of affordable housing. (Policy 3-4)- Use a minimum of 25% of tax increment Redevelopment Agency On-going Fess than significant funds from the Redevelopment Project Area for activities that create affordable housing for lower and moderate income households. Set aside 5% of the 25% for extremely low income housing. (Policy 3-5 Provide a full range of ownership and rental Com. Dev. Dept./Plan, ®n -,going Less thansignificant housing unit densities, including apartments Commission/City Council and other high-density housing. (Policy 3-6) Dousing Element, Goal B t0 Hn»cinv- DESCRIPTION OF ENVIRONMENTAL IMPACTS MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AFTER MITIGATION Proposed by the General Plan: Assist very low and low income Community Development On-going Less than significant homeowners and rental property owners in Department maintaining and repairing their units. (Policy 3-7) (Housing Element, Goal B) Conserve existing owner and rental housing Community Development On-going Less than significant units, which provide afl'ordable housing Department opportunities for lower and moderate income households. (Policy 3-8) (Housing Element, Goal B) Encourage energy conservation in all Community Development On-going Less than significant existing and new residential development. Department (Policy 3-9) (Housing element, Goal C Support organizations that provide services Community Development On-going Less than significant to special need households in the City, such Department as homeless, elderly, disabled and single parent. (Policy 3-10) Support programs and organizations that Community Development On-going Less than significant seek to eliminate housing discrimination Department (Policy 3 A1) (Housing Element, Goal D) DESCRIPT . ION OF ENVIRONMENTAL IMPACTS MITIGAXION'_ME ASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL EMPACT AFTER MITIGATION Poten;92R Impacts-. The primary potential adverse Pn-oposed by the Geneiral PRan: Participate actively in developing. regional Community Development 0n -doing o' Less than, significant impact on circulation caused by the, approaches to meeting the transportation Department/ Department development policie$ of the General needs, of the residents of the Santa Clara ra of Public Works I Plan is to increase the number of Valley. Work closely with neighboring vehicle trips that would use the local jurisdictions and agencies responsible for streets and regional freeway roadways . , transit facilities and transit systems. services iii Cupertino. (Policy 4-1) Promote a general decrease in reliance on Community Development On-going Less than Significant private single -occupant vehicles (SOV) by Department/ Department encouraging attractive alternatives. (Policy of Public Works. 4-2) (Circulation Goal, B) Implement the programs and projects Community Development On-going Less than significant recommended in the Cupertino Pedestrian Department/ Department Transportation Guidelines and in, the of Public Works. Cupertino Transportation Plan, as well as other programs that promote this goal. (Policy 4.4.3) Support and encourage the use of public Department of Public On-going Less than Significant transit. (Policy 4-4) Works. (Circulation Goal, D) Maintain a minimum LOS of D for major Department of Public On-going Less than significant intersections during the morning and Works afternoori peak hours. Achieve this standard by imposing reasonable limits, on land use to ensure that principal. thoroughfares are not unduly impacted by locally generated traffic at peaktraffic. hour. in order fo accommodate development that furthers a unique gathering place in Cross- roads area on Stevens Creek Blvd., set the LOS standard for the inter -sections of StevensCreek Blvd. with De Anza Blvd. and Stelling Road to LOS ]E+.. (No more than an average 45 seconds of delay per 12 Cirr»latinn• -- ADESCRIPTION OF ENVIRONMENTAL IMPACTS MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AFTER MITIGATION Proposed by the General Plan: vehicle). The standard for the intersection of De Anza Blvd. at Bollinger Road. shall also be LOS E+. LOS standard may also be adjusted as described in Policy 4-6. (Policy 4-5) Design roadways based on efficient Department of Public On-going Less than significant alignments, appropriate number and widths Works of traffic lanes and related improvements to support adjacent properties. (Policy 4-6) Minimize the number of driveway openings Community Development Project review time Less than significant in each development. (Policy 4-7) Department/ Department of Public Works Plan street improvements such as curb cuts, Community Development During project review Less than significant sidewalks, bus stop turnouts, light poles, Department/ Department process benches, etc as an integral part of a project of Public Works to ensure an enhanced streetscape and the safe movement of people and vehicles with the least possible disruption to the streetscape. (Policy 4-8) Require parking lots that are safe for Community Development On-going Less than significant pedestrians. (Policy 4-9) Department/ Department of Public Works Encourage through traffic to use the major Department of Public On-going Less than significant streets by maintaining the highest service Works possible on the arterial street system. (Policy 4=10) Discourage traffic from using local . neighborhood streets by employing traffic Department of Public When necessary Less than significant calming measures. (Policy 4-11) Works Do not close streets unless there is a demonstrated safety or overwhelming Department of Public On-going Less than significant through traffic problems and there are no Works acceptable alternatives. Closures may shift IJ DESCRIPTION OF EN . VIRONMENTAL IMPACTS MITIGATION NEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AFTER MITIGATION FR*oposed by th.e Generali Man: traffic to other local streets, thus moving the problem from one neighborhood to another. (Policy 4-12) Minimize the impact . of school drop-off, Department of Public Periods when school is in Less than. significant pick-up and parking on neighbor -hoods. Works session (Policy 4-13) In addition to limiting through traffic Department of Public On-going Less than Significant volume on local streets, protect the Works community from noise, fumes and hazards caused by the City's transportation system. The quarries on Stevens Canyon Road, Stevens Creek Blvd. and Foothill Blvd. are major sources of transportation noise (Policy 4-14) (Circulation Goal, F) Recommended by the EIR: To meet intersection LOS policy standards, Department of Public When LOS drops below the Less than significant two capacity improvements are Words acceptable standards. recommended in the Plan under Policy 4-5. These are, shown in Table 2-9 on page VI 14 of the EIR. 14 !than Cnaep 1ParUe anti Traile- DESCRIPTION OF ENVIRONMENTAL IMPACTS MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AFTER MITIGATION Potential Impacts: Proposed by General Plan The projected increases in the City's Ensure that each household is within a half- Community Development On-going Less than significant residential population and the mile walk of a neighborhood park, or Department/ Parks and employee population resulting from community park with neighborhood Recreation Department either expansion of existing facilities, and that the route is reasonably commercial uses or from new free of physical barriers, including streets commercial uses will increase usage with heavy traffic. Whenever possible, of the existing facilities. provide pedestrian links between parks. (Policy 2-72) This intensification of the usage of Recognize the level of recreational intensity Community Development On-going Less than significant the parks and other recreational appropriate to each neighborhood park. Department/ Parks and facilities could have a significant (Policy 2-73) Recreation Department adverse impact on the existing facilities. New residential construction could Develop the City's Park Acquisition Parks and Recreation 2006 Less than significant displace lands with parklands Strategy. (Policy 2-78) Department potential further minimizing recreational opportunities.. The Santa Clara County Parks program Santa Clara County On-going Less than significant should pursue the goal of connecting Upper and lower Stevens Creek Parks. (Policy 2- 64) Actively pursue inter -agency cooperation in Santa Clara County/Parks On-going Less than significant acquiring properties near the western and Recreation planning area boundary to connect the Department lower foothills, the open space, trail system and the neighborhoods. (Policy 2-65) Retain some form of revenue -generating Community Dev. Dept/ On-going Less than significant potential at Blackberry Farm as the uses Parks & Rec. Com./ City transition from non-resident to resident use. Council (Policy 2-66) Provide more recreational opportunities for Parks and Recreation On-going Less than significant special needs groups. (Policy 2-67) Department €tea `` p•�W• o DIff wffla DESCRIPTION OF ENVIRONMENTAL IMPACTS I['7['IGAT'l[ON MEASURES AGENCY RESPONSIBLE FOR IMtPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL HVTACT AFTER MITIGATION Proposed by the General PRano Encourage the continued existence and cCona,nunity Development On-going Less than significant profitability of private open space and Department recreational facilities through incentives and development controls. (:policy 2-68) Seek cooperation from private landowners Community Development On-going Less than significant for public use of private open space. Department (]Policy 2-69) Dedicate or acquire open space lands and Conn-nunity Development ®n -going ]Less than significant trail linkages to connect areas and provide Department/ Warks and for a more walkable community. Recreation Department (Policy 2.70) Provide parkland equal to a minimum of Comnunity Development On-going ]Less significant three acres for each 1,000 residents. Department/ Parks and (Policy 2-71) Recreation Department Plan parks to be at least 3.5 acres for Community Development When neve parks are Less than significant flexibility of use. (Policy 2-74) Department/ Parks and developed Recreation Department Design parks to keep long-term Community Development On-going Less than significant maintenance costs low. (]policy 2-75) Department/ Department of public Works darks shall be designed to enhance public Con-ununity Development ®n -going Less than significant safety by providing visibility to the street Department in and access by public safety responders. cooperation with Sheriff (Policy 2-76) Dept. Hold a portion of developer fees in reserve Community Development On-going Less than significant for the passible acquisition of surplus Department school properties if they become available. (Policy 2.•77) Additional parklands are identified shall be Community Development ®n -going - Less than significant acquired or dedicated the ranch® Department/ darks and Rincbnada area, the Vallco Park area and Recreation Department north oft -280 near Stelling Road. Policy 2-79 i "16 Onon Cnarp_ Parke, and Trails! DESCRIPTION OF ENVIRONMENTAL IMPACTS MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AFTER MITIGATION Proposed by the General Plan: Preserve school playing fields for school Community Development On-going Less than significant and community recreational uses. Department/ Parks and (Policy 2-80) Recreation Department Provide park and recreational space for new Community Development On-going Less than significant residential development in the urban core Department/ Parks and areas. (Policy 2-81) Recreation Department Require dedication of public parkland in Community Development On-going Less than significant areas where significant new housing units Department/Parks and are identified to meet State requirements. Rec. Dept./Planning (Policy 2-82) Commission/City Council 18 Air 0iiality- DESCRIPTION OF ENVIRONMENTAL IMPACTS MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL RVIPACT AFTER MITIGATION Potential Impacts: Proposed by the General Plan: Site preparation activities such as Minimize the air quality impacts of new Community Development On-going Less than significant grading, soil excavation and heavy development projects. (Policy 5-4) Department construction equipment operation associated with the construction of Minimize the air quality impacts of existing Community Development On-going Less than significant developments consistent with the development. (Policy 5-5) Department General Plan could generate dust emissions that could result in Encourage walking, jogging and bicycling Community Development On-going Less than significant temporary increases in localized instead of driving in the City.(Policy 5-7) Department PM[io [Fine particulate matter (solid or liquid) with an aerodynamic Discourage high pollution fireplaces. Community Development On-going Less than significant diameter equal to or less that 10 (Policy 5-7) Department/ Building microns] emissions. This is a Department potential significant impact, but Recommended by EIR: could be reduced to less than Screen new uses locating near sensitive Community Development On-going Less than significant significant with the implementation receptors to ensure that they are not Department of appropriate mitigation measures potential sources of air pollutants. Increased vehicular traffic from potential growth consistent with the Do not allow residential uses or sensitive Community Development On-going Less than significant General Plan could increase CO receptors to be developed near existing Department levels at major intersections sources of air pollutants. Require substantial landscaping buffers Community Development On-going Less than significant between sensitive receptors and adjacent Department uses. Increased vehicular traffic from potential growth consistent with the Implement two capacity improvements as Community Development On-going Less than significant General Plan could increase CO recommended in the General Plan under Department/ Department levels at major intersections Policy 4-5 to meet LOS policy standards. of Public Works Min "N" 6TlsmA Uf'OnNA-I'LIMPO �M_V��w N_FWi V DESCRIPTION OF ENvaon i' NTA IMPACT610 MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AFTER MITIGATION PotemltiaR ffmpact.. Water-. Development pursuant to the Proposed by the GeneraR PRan: Maintain City-wide efforts of water Department of Public On-going Less than significant General Plan will increase demands conservation efforts similar to those being Works on the water supply, The Santa Clara conducted on a regional scale. (Policy 5-29) Valley Water District has indicated that it will be able to meet the new Prohibit excessive water uses throughout Department of Public On-going Less than significant demands, provided new growth does the City. (Policy 5-31) Works not exceed ABAG's projections. Provide the public information regarding Department of Public On-going water conservation/ -efficiency techniques. Works (Policy 5-30). Actively pursue interagency coordination Conu-nunity Development On-going Less than significant for regional water supply problem solving. Department (Policy 5-28) Encourage development projects to follow Community Development During project review Less than significant watershed -based planning and zoning by Department process examining the project in. the context of the entire watershed area. (Policy 5-23) Support the Santa Clara, Valley Water Department of Public On-going Less than significant District to find and develop groundwater Works recharge sites within Cupertino's Planning Area and provide for public recreation at the sites where possible. (Policy 5-24) Where such measures do not conflict with Conu-nunity Development On-going Less than. significant other municipal purposes or goals, Department encourage, via zoning ordinances, compact development located away fro m sensitive areas. (Policy 5-22) Encourage the research of other water Community Development Ongoing Less than. significant sources, including water reclamation. Department (Policy 5-25) Pnhlie V%Prvivec and Utilities-_ DESCRIPTION OF ENVIRONMENTAL IMPACTS MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AFTER MITIGATION Proposed by the General Plan: Encourage industrial projects to have long- Community Development O n -going Less than significant term conservation measures including Department/Cupertino recycling equipment for manufacturing and Sanitary District. pooling water supplies in the plant. Work with the Cupertino Sanitary District to carry out this policy. (Policy 5-26) Retain and restore creek beds, riparian Department of Public On-going Less than significant corridors, watercourses and associated Works vegetation in their natural state. (Policy 5-27) Wastewater: Both the Cupertino Provide input into District's Master Plan Community Development On-going Less that significant Sanitary District and The City of preparation to ensure that issues relevant to Department Sunnyvale have sufficient Cupertino's land use policies are addressed , wastewater treatment capacity at the and work closely with the district on the plants to accommodate future implementation of the General Plan. growth in their Cupertino service (Policy 5-45) area. However, there are some existing infrastructure problems. Consider the impacts on the Sunnyvale Community Development On-going Less than significant The carrying capacity of some the sanitary sewer system if significant office Department lines in the system may not be able uses are proposed in the east Stevens Creek to accommodate effluents from new Blvd. area. (Policy 5-46) development in the Town Center, east of Wolfe Road, south of I-280 Recognize that new high discharge users in Community Development On-going Less than significant on Wolfe Road, Stelling Road and the Vallco area and the Stevens Creek Blvd. Department Foothill Boulevard areas. Projected and Blaney area will be required to pay for growth under the proposed General tributary lines. (Policy 5-47) Plan would make demands on the existing sewer system that may tax the existing infrastructure. The additional volume discharged from new development, particularly heavy sewer generators, into lines presently running at or near capacity may exceed the cumulative carrying capacity of these lines. DESCRIPTION OF ENVIRONMENTAL IMPAC'T'S MITIGATION MEASURES AGENCY RESPONSIBLEFOR IMPLEMENTATION MONITORING SCI- ED LE ENVIRONMENTAL IMPACT AFTER MITIGATION Storm Drainage: Storms of intensities greater that 40 -dears Proposed by the Generali Plano The City proposes to upgrade key parts of Department of Public On-going Less than. significant could cause ;some flooding of yards, the older system through a long-term Works but flooding of buildings served by . Capital Improvement Pr®gram-(CI P) that the existing drainage; system is includes a project to provide a storm highly unlikely. `those areas drainage system to the Monta Nista area. without a storm drainage systems could be subjected some property Require that site design respect the Department of Public On-going Less than significant damage. topography and drainage to the extent Works practicable to reduce the amount of grading necessary and limit disturbance to natural water bodies and natural drainage systems caused by development including roads, highways and bridges. (Policy 5-1.9) Minimize storm water flow and erosion Department of Public On-going Less than significant impacts resulting from development. Works (Policy 5-20) Prior to making land use decisions, estimate Community Development On-going Less than significant increases in pollutant loads and flows Department/ resulting from projected future Department of public development. (Policy 5-2I) Works lsehooRso Additional residential Continue to impose and collect maximum School Districts ®n -going ]Less than. significant development consistent with the impact fees pursuant to the State -authorized General Plan could have both statutory authority in accordance with capacity and fiscal impacts on Government Code 65995. schools. An analysis of the potential capacityacid fiscal impacts that Consider other mitigation measures, such School Districts On-going Less than, significant residenti.al growth could have on as: increasing class sizes, conducting year - schools was performed by ]day Area round schools, adding portable class rooms (Economics (BAE). The Fremont and revising school attendance boundaries. !Union High School District conducted two separate analysis of Recognize the financial impact of increased Community Development ®n -going Less than significant the SGR (Student Generation development on the school districts' ability Department Rate). The most recent analysis to provide staff and facilities conducted by the F1JHSD with the help of consultant and the City of Cuertino Planning Staff using 22 Piihiir Cprvirpe and ITtilitiev- A~ DESCRIPTION OF ENVIRONMENTAL IMPACTS MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AFTER MITIGATION actual enrollment figures appear to Proposed by the General Plan: have closed the gap between the BAE figures and the FUHSD figures. Although figures generated by BAE and FUHSD still differ, they are not significantly different. The City of Cupertino Planners, the FUHSD and its consultant are now in agreement that such differences will not be significant enough to change the general conclusions about the impact to the general fund of the FUHSD from the growth projections by BAE or from the new calculations now accepted by the City and the FUHSD. Solid Waste: Development Expand existing commercial and industrial Public Works Dept. On-going Less than. significant consistent with the General Plan recycling programs to meet and surpass could increase solid waste AB939 waste stream reduction goals. generation. The City is compliance (Policy 5-38) with AB 939 which required a 50% reduction in the solid waste stream Streamline the residential curbside Public Works Dept. On-going Less than significant by the year 2000, and is presently recycling program in the next decade. exploring recycling methods to Include all city-wide residential zoning further reduce the waste stream. districts in the curbside recycling program. (Policy 5-39) Modify existing and require new multi- Public Works Dept. On-going Less than. significant family, commercial and industrial land uses have 50% of their garbage areas dedicated to recycling and no more than 50% garbage. (Policy 5-40) Promote the existing public education Public Works Dept. On-going Less than significant program regarding the reduction of solid waste disposal and recycling. (Policy 5-41) ZJ Dwm ,d'a, Qah Ttaa,-am&, a rm a, ITS"HU&I'lae0 DESCRIPTION ION OF ENVIRONMENTAL IMPACTS MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION TATION MONITORING SCB EDUI,.E ENVIRONMENTAL H\4PACT AFTER MITIGATION Proposed by the Generali PkRii: Encourage {City staff to recycle at all City Public Works Dept. On-going Less than significant facilities. (Policy 5-42) Through public education, encourage Public Works Dept. On-going ]Gess than significant residents and businesses to re -distribute reusable materials, e.g., garage sales, materials exchange. (Policy 5-43) Encourage the recycling and reuse of Public Works Dept. On-going Less than significant building materials, including recycling materials generated by demolitions and remodeling of buildings, (Policy 5-44) Fire and Emergency Services: {Cupertino's geographical Cupertino's fire insurance rating is Class 2 Santa Mara County ]Eire On-going Less that significant boundaries include the foothills of (Class I being the highest rating). This is as Dept. the Santa Cruz Mountain Range at a result of iCupertino's efforts to minimize its westerly limits and the urbanized fire risks. The Santa Mara County Fire valley floor at its northerly limits. Department (SCCFD) participates in the For that reason, Cupertino may be project review process to ensure that neve exposed to hazards from both wild buildings comply with the applicable ]Eire and urban fires. Wild fires may and Building Codes. In addition, the impact the natural environment and SCCFD administers the geed Abatement residents of the area in the rural and ]gush Clearance Ordinance to mird mite areas of the foothills. Urban fires, potential fires in the foothills and conducts which may occur in high-rise inspections to insure compliance with buildings, multiple residential applicable buildings and./or in commercial and, industrial buildings, could impact Coordinate wild fire prevention with Community Development ®n -going Less than significant workers and residents of the area. adjacent jurisdictions. (Policy 6-3) Department/ Public Development consistent with the Works Dept. General Flan would not significantly increase demands on the existing Encourage the County to put into effect fire Community Development On-going ]Less than significant fire services. reduction policies of the County Public Department Safety Element. (Policy 6-4) . Encourage the Midpeninsula open Space District and the County Parks Department Community Development On Less than significant to continue efforts in feel management. to Department reduce fire hazards. (Policy 6-5 24 Pnhlir c%Prvirrc anti Utilities: DESCRIPTION OF ENVIRONMENTAL IMPACTS MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AFTER MITIGATION Encourage the Midpeninsula Open Space Community Development On-going Less than significant District to consider "green" fire breaks use Department for open space lands. (Policy 6-6) Involve the Fire Department in the early Community Development On-going Less than significant design stage of all projects requiring public Department review. (Policy 6-7) Coordinate with the Fire Department to Community Development On-going Develop new guidelines for fire protection Department Less than significant for commercial and industrial land uses. (Policy 6-8) Promote fire prevention and emergency Community Development On-going Less than significant preparedness through City initiated pubic Department education programs. (Policy 6-9) Recognize that multi -story buildings of any Community Development On-going land use type increase risks of fire. Department/ (Policy 6-10) Building Department Consider adopting a residential fire Community Development On-going Less than significant sprinkler ordinance. (Policy 6-11) Department/ Require smoke detectors in all new Building Department residential units, and in all residential units Building Department On-going Less than significant at the time of sale or rental, in conformance with State law. (Policy 6-12) Adopt an aggressive wood shake abatement Building Department On-going Less than significant program to require that any roof that is 25% or more replaced must use fire retardant materials for all replacement shake. (Policy 6-13) Involve the Fire Department in the design of public Works Dept. On-going Less than significant public roadways. (Policy 6-14) Allow public use of private roads for Public Works Dept. On-going Less than significant emergencies for hillside subdivisions. (Policy 6-15 ID)nT,116M'in Q,1%WMTV'1.4z1M0 ntmA TT*0MH0*_n0AQ0 DESCRIPTION OF ENVIRONMENTAL M&PACTS lei TIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORI IG SCHEDULE ENVIRONVIENTAL SACT AFTER MITIGATION Proposed by the GeneiraR Plan: Require new hillside development to Community Development On-going Less than significant upgrade existing access roads to meet Fire Department/ Code and City Standards.(Policy 6-17) Publit Works Dept. Discourage the use of private residential Community Development On-going Less than. significant electronic-, security gates that act as a barrier Department/ to emergency personnel. (Policy 6-18). Building Department Encourage the water companies to extend Community Development On-going Less than significant water service into the hillside and canyon Department areas. (Policy 6-19) Encourage cooperation between water Community Development On-going Less than significant utility companies and the Fire Department, Department (Policy 6-20) Encourage utilities to consider Fire Community Development On-going Less than significant Department firefighting needs when Department upgrading water systems., (Policy 6-21) Require fire spriii1ders in new residential Building Department On-going Less than, significant construction located in hillside areas and flag lots. (6-22) Foi'fice� Services: Development Principles of defensible space may be Conununity Development During project review Less than. significant consistent with the General Plan and incorporated through the project review Department process increased -population as projected by process into the projects to reduce crime. ABAG will make greater demands The Santa Clara Sheriff Department also on police services, participates in the project review process and makes reconunendations relevant to police and safety issues Support the Neighborhood Watch Program Community Development On- g 01119 Less than. significant and oth'er-s.intended to help neighborhoods Department/ prevent crime. (Policy 6-23) -Santa Clara Sheriff -Dept. Encircle neighborhood parks with a public Community Development On-going Less than significant road to provide visual accessibility Department/ Lwhenever possible. (Policy 6-24) Public Works Dept. 16 Pinhlip c:nrwtepe and TTtilitipc- DESCRIPTION OF ENVIRONMENTAL IMPACTS MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AFTER MITIGATION Proposed by the General Plan: Consider relationship between building Community Development During project review Less than significant design and crime prevention in reviewing Department process all developments. (Policy 6-25) Continue to request County Sheriff review Community Development During project review Less than significant and comment on development applications. Department process (Policy 6-27) Gas and Electricity: Development The City of Cupertino has already consistent with the General Plan will recognized the need for conservation and increase demands on these non- has taken action at various levels to make renewable resources. Continued the City a more energy-efficient user. The increased demands could impact following policies have been incorporated these non-renewable energy in the General Plan to reduce the potential supplies, as evidenced in recent impact to less than significant: years Encourage the maximum feasible Community Development On-going Less than significant conservation and efficient use of electrical Department power and natural gas resources. (Policy 5-2) Encourage the design and construction of Community Development On-going Less than significant energy and resource conserving/efficient Department/ buildings (Green Building Design). Building Department (Policy 5-3) VY DESCRIPTION OF ENV1RONNIENNAL RvIPACTS MITIGATION MEASURES AGENCY RESPONSIBLE FOR ILIEM ENTATIION MONITORING SCBED UL'JE ENVIRONMENTAL IMPACT AFTER MITIGATION Potential Impacts: Potential development of the proposed by the, Gener.%R ?Ran.- . preserve and enhance the e)dsting natural Community Development During project review Less than significant hillsides consistent with the General vegetation, landscape features and open Department process Plan could have a potentially space when new development is proposed. significant effect on the existing (policy 5•-11) wildlife and natural vegetation. Clearing of the sites for new residential development in the (Encourage public and quasi -public agencies Conunity Development During project review Less than significant hillside foothills would require to landscape their city area projects near Department process removal of the natural vegetation. native vegetation with appropriate native plants and drought, tolerant, non-invasive, non-native plants. (Policy 5-8) The removal of the natural vegetation and the intrusion of man- (Encouraging clustering of new Community Development During project review Less than significant made strictures could displace development away from. sensitive areas Department process existing wildlife habitat and also such as riparian corridors, public open space affect the migratory patterns. preserves and ridgelines. New development in areas must have harmonious landscaping plans approved prior to development. (policy 5•-9) Emphasize drought tolerant and pesticide- public Works Dept. ®n -going Less than significant resistant native plants when landscaping near natural vegetation, particularly for control of erosion from disturbance of natural terrain. (Policy 5-10) . Confine fencing on hillside property to the Cornnmunity Development On-going Less than significant area around a building rather than the entire Department site to allow for migration of wild animals. (]policy 5.12) Limit recreation in the natural areas to cConuirannty Development On-going Less than significant activities compatible with preserving the Department natural vegetation, such as hiking, horseback riding, mountain biking and. camping. (]policy 5-13) 28 WHAIMM 01MA Vdx"ptatinn- DESCRIPTION OF ENVIRONMENTAL IMPACTS MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AFTER MITIGATION Proposed by the General Plan: Provide open space linkages within and Community Development On-going Less than significant between properties for both recreational and Department wildlife activities, most specifically for the benefit of wildlife that is threatened, endangered or designated as species of special concern. (Policy 5-14) Zy AT Neu WO DESCRIPTION OF ENVIRONMENTAL IMPACTS MITIGATION MEASURES AGENCY R SPONSIBL E :AOR IMPLEMENTATION MONITORING SCHEDULE ]ENVIRONMEl�T7E AL II�1�� T AFTER MITIGATION Potentiod Impacts: Development consistent with the Proposed by the General Plano Use the Land Use Compatibility for Coir sanity Development During project review Less than significant General ]flan will generate Community Noise bnvironinents chart to Department/ process significant noise impacts during evaluate land use decisions. (Policy 6-50) building Department -those periods of heavy construction activities. Increases will be Ensure that roads and development along I- Corm-iunity Development wring project review ]Less than significant temporary and noise levels will 85 and 1-280 are designed and improved to Department/ process return to normal after the minimize neighborhood noise. (Policy 6-51 Public Works Dept. construction period. Increased traffic, increased population and Support enactment of stricter state lavas on Community Development On-going ]Less than. significant increased urban activities will raise noise emissions from neva motor vehicles Department the ambient noise levels. Noise and enforce existing laws on noise contours projected to the year 2020 emissions. (Policy 6-52 ( page 6-38 of Section 6 of the General Gln) indicate that lthere will Review the needs of residents for Community Development y p On-going g g fess than significant g a slight increase in the ambient convenience and safer and make there safetyand department noise levels as a result of thepriority over convenient, movements or implementation of the General Plan, commute or through traffic where practical. but the increase does not represent a (Policy 6--53) significant impact. ]Evaluate solutions to discourage through Community Development On-going ]Lass than significant traffic in neighborhoods through modified Department street design. Examples include meandering streets diverters, landscape islands and wide parking strips. (policy 6-54) Mork toward improving the noise Conununity Development On-going Less than significant environment along Foothill boulevard and Department/Public Works Stevens Creek boulevard by restricting Department quarry truck traffic.(Policy 6-55) Work to carry out noise mitigation Community Development On-going Less than significant measures to diminish noise from the Department/Public Works Hanson Permanente truck traffic for homes Department near Foothill and Stevens Creek Boulevards. (Policy 6-56) Consider improvements, such as medians, Coimnunity Dev. ®n -going ]Less than significant landscaping and addition of bicycle lanes to Dept./Public Works Dept. reduce quarry truck impacts, olio 6-57 30 N"iQa • v DESCRIPTION OF ENVIRONMENTAL IMPACTS MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AF'T'ER MITIGATION Proposed by the General Plan: Be sure new commercial or industrial Community Development During project review Less than significant developments plan their delivery areas away Department process from existing homes. (Policy 6-58) Actively enforce Section 10.48 of the Community Development On-going Less than significant Municipal Code limiting commercial and Department industrial delivery hours adjoining residential uses. (Policy 6-59) Require analysis and implementation of Community Development During project review Less than significant techniques to control the effects of noise Department process from industrial equipment and processes from projects near homes. (Policy 6-60) Restrict non -emergency building Building Department On-going Less than significant construction work near homes during evenings, early morning, and weekends by enforcing the noise regulations in the Municipal Code. (Policy 6-61) Regulate construction and maintenance Building Department On-going Less than significant activities. (Policy 6-62) Exercise discretion in requiring sound walls Community Development On-going Less than significant to be sure that all other measures of noise Department control have been explored. (Policy 6-63) Require the City Building Department to Building Department On-going Less than significant enforce all sections of the California Building Code for exterior sound transmission control (Sec. 1208A.8.1). (Policy 6-64) Encourage the City Building Department to Building Department On-going Less than. significant enforce all sections of the California Building Code relating to inter -dwelling sound transmission control, (Sec. 1208A.1.6) (Policy 6-6.5) -WET _ -0- _ DESCRIPTION IA"7C1O11 OF IEN'VIIRONMENTAL ACTS MITIGATION 1O1�T 1 ]EA S AGENCY RESPONSIBLE FOR ILIElENTA'1 ION MONITORING SCHEDULE ]ENVIRONMENTAL Il�Aa�7C AFTER MITIGATION Fe°op®sed by the Generg PRan: Consider applying the California Building Building Department During project review Lew than significant Code requirements for exterior sound process transmission control (Sec. 1208A.8.1) to construction of new single family housing. (Policy 6-66) 32 ""A QAm's0111011*XT V rV'iV ss al �a hJ vaNaaaav+r DESCRIPTION OF ENVIRONMENTAL "ACTS MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AFTER MITIGATION Potential Impacts: There is a probability that the Proposed by the General Plan: Both the State and Local codes address the Community Development On-going Less than significant project area will be subjected to issue of seismic resistance design for new Department/ strong ground shaking during an construction. The proposed General Plan Building Department earthquake of a moderate to large also includes policies that would reduce magnitude. Severe City-wide potential impacts to acceptable levels. ground shaking during an earthquake along one of the existing Evaluate new development proposals within Community Development during project review Less than significant local or regional faults could cause mapped potential hazard zones using a Department/ process structural as well as nonstructural formal seismic/ geologic review process. Building Department damage to existing and prospective Use Table 6-D of this Hazards Analysis to developments in the City. A determine the level of review required. moderate to large magnitude (Policy 6-1) earthquake could also cause extensive property damage, injuries Reinforce the existing public education Community Development On-going Less than. significant and possibly loss of life. program to help residents reduce earthquake Department hazards. (Policy 6-2) Damage from a large magnitude In the event of a large magnitude Director of Emergency On-going earthquake can not be eliminated earthquake, The Cupertino Emergency Plan Services totally but may be reduced to would be activated to manage emergency acceptable levels. Residents of the response activities and to coordinate with area recognize that a probability county, state and federal agencies. exists that they could be exposed to a severe earthquake, but they consider this to be an acceptable risk Table 6-C and Table 6-D in Section 6 (Health and Safety Element) of the General Plan represent Cupertino's policy position on the amount of Technical evaluation needed to ensure that hazards in new development are deduced to acceptable levels of risks. � -5 }Il- 11.Y%VaU,_V9 Z.,P'.0 tw— V V DESCRIPTION OF ENVIRONMENTAL ImPACTS; ,- _ _J e MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL EVIPACT AFTER MITIGATION potemltinl ImpRets E)dsting uses and structures within Proposed by the Generali PRall*. Prepare and update periodically an Community Development On-going Less than significant the flood plains as well areas evacuation map for the flood hazard areas Department/ without an adequate drainage and distribute it to the public. (Policy 6-42) Public Works Dept. system will be subjected to flooding. Ensure that FEIVIA Flood Insurance Rate Public Works Dept. On-going Less than. significant Maps are developed for the City of Cupertino. (Policy 6-43) Siltation frons new construction Construction of projects consistent with th - e Building Department/ During project review Less than. significant consistent with the General Plan General Plan will be subject to a National Public Works Dept. process could degrade the water quality and Pollutant Discharge Elimination System obstnict-the natural flow and the (NPDES) permit, which requires existing drainage system unless implementation of nonpoint source control appropriate measures are of storm�vater runoff. implemented to preclude it. Ensure that Cupertino is prepared to Director of Emergency On-going Less than significant respond to a potential dam failure. Services (Policy 6-44) Allow commercial and recreational uses Community Development On-going Less than significant now exclusively within the flood plain to Department remain or, be used for agriculture. (Policy 645) Adopt stringent land use, zoning and Comi-nunity Development 'On-going Less than significant building code regulations limiting new Department construction in the urbanized flood hazard areas recognized by the Federal Flood Insurance Administrator. (Policy 6-46) Regulate closely all types of habitable Community Development During project review Less than significant development in the natural flood plains. Department process This includes prohibiting fill materials and obstructions that may increase flood potential downstream or modify the natural riparian corridors. (Policy 6-47) 34 Vi lnndlc Tlrainaup and Wntor 0imlity' DESCRIPTION OF ENVIRONMENTAL IMPACTS MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AFTER MITIGATION Proposed by the General Plan: Restrict the extent and timing of hillside Public Works Dept. During project review Less than significant grading operation from April to October. process (Policy 6-48) Assure the structural integrity of water Public Works Dept. On-going Less than significant storage facilities. (Policy 6 49) DESCRIPTION OF ENVIROINIVIENTAL IMPACTS NUTIGATION YEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AFTER MITIGATION Potential Impacts: Commercial and/or industrial uses Proposed by the General Plan: Require the proper storage and disposal of Community Development On-going Less than significant developed in accordance with the hazardous materials to prevent leakage, Department/ General Plan may include the usage potential explosions, fire or the release of Building Department of hazardous materials in their harmful fames. (Policy 6-28) operations. Additional storage of these materials could increase the Assess hazards from exposure to hazardous Building Department During project review Less than significant risk of exposure to such materials materials by residents of new cffildcare process and increase the waste-stream of facilities proposed in existing industrial and these materials. manufacturing areas. Do not allow residential development if such hazardous conditions cannot be mitigated to an acceptable level of risk. (Policy 6-29) Consider potential hazards from Community Development During project review Less than significant electromagnetic fields in the project review Department process process. (policy 6-30) Encourage residents and businesses to use Community Development On-going Less than significant non and/or less hazardous products, to slow Department the generation of new hazardous waste requiring disposal through the county-wide program. (Policy 6-31) Support and help fund the County-wide Corm-nunity Development On-going Less than significant Household Hazardous Waste Program, to Department provide residential and small business community the opportunity to properly dispose of hazardous waste. (Policy 6-32) Inform the residential and business Public Works Dept. On-going Less than significant communities about the illegality of durnping hazardous waste into the storm drain system and creeks. (Policy 6-33) 36 ...A vim r'+ne- 111,76V11\.LLl "JUL \.i v(iaa,aia s.a DESCRIPTION OF ENVIRONMENTAL IMPACTS vans. MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AFTER MITIGATION Potential Impacts: Construction activities associated Proposed by the General Plan Undertake an active partnership with private Community Development During project review Less than significant with new development consistent owners of landmark structures to Department process with the General Plan could disturb rehabilitate the buildings. (Policy 2-59) potentially valuable archaeological deposits or paleontological Protect archaeologically sensitive areas. Community Development During project review Less than significant resources. New construction could (Policy 2-60) Department process also affect existing historical building and/or sites. Protect Native American burial sites. Community Development During project review Less than significant (Policy 2-61) Department process Protect and maintain heritage trees in a Community Development During project review Less than significant healthy state. (Policy 2-62) Department process oy t -R�— Sj ® DESCRIPTION VF ENVIRONMENTAL EVIDPACTS MITIGATION MES✓RS AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AFTER MITIGATION potemiflaR Impacts'. Implementation of the General Plan Proposed by the GenelraR Plea: Policies incorporated into the General Plan building Department On-going Less than significant will result in the expansion of regarding, energy have been designed to existing corm ercial uses or reduce energy consumption. In addition, construction of new commercial State has adopted measures that address retail, officefindustrial, hotels, energy consumption. Title 22 and Title 24 commercial recreational buildings, include energy conservation requirements restaurants and both single family that must be applied to all new construction. residential strictures and multiple residential structures. Construction Encourage the maximum feasible building Department On-going Legs than significant of new buildings will increase conservation and efficient use of electrical energy consumption, as they would power and natural gas resources. require natural gas for hearing and (Policy 5-2) air conditioning and electricity for lighting. In addition, this new Encourage the design and construction of building Department On-going Less than significant development will generate a energy and resource conserving/efficient substantial number of additional buildings (Green building Design). daily auto trips. This increase in (Policy 5--3) automobile trip generation would intensify the demand for additional fuels. Without mitigation this increase in energy demand cold generate a. significant demand on the environment. 1'►lri.-a nrsi 1 72 nrn» rnn� • l T.11lYVf K1 i._1W1.71%/NZ Ww1 . DESCRIPTION OF ENVIRONMENTAL IMPACTS MITIGATION MEASURES AGENCY RESPONSIBLE FOR IMPLEMENTATION MONITORING SCHEDULE ENVIRONMENTAL IMPACT AFTER MITIGATION Potential Impacts: The operation of the active mineral Proposed by the General Plan: Santa Clara County has regulatory Santa Clara County On-going Less than Significant resource sites is of great concern to jurisdiction over the active mineral resource Department the citizens of Cupertino. The areas. Cupertino should continue to work existing operations generate closely with the County to ensure that the pollutants into the air with the activities associated with the operations of potential of degrading the air quality the mineral resource areas do not impact the and raising the ambient noise levels. City of Cupertino to any significant extent. The following policies have been included Truck traffic associated with the into the General Plan to help reduce the operations of the quarry traversing potential impacts from the Hanson local roads are also a source of both Permanente and Stevens Creek mineral air and noise pollution and also resource sites to less than significant levels. affect the local traffic conditions. Consider new mineral resource areas within Santa Clara County On-going Less than Significant Cupertino's sphere of influence, but the Department cumulative impact of existing and proposed activities should not exceed present operations in terms of noise and traffic. Work with Santa Clara county to assure that mining operations outside the City limits are consistent with the City's General Plan, that restoration plans are adequate, and that mining activity is not extended into undisturbed lands without adequate documentation of economic purpose and environmental impacts and mitigations. (Policy 5-15) Control scenic restoration and noise Santa Clara County On-going Less than Significant pollution as well as air and water pollution in mineral extraction, quarrying, processing and transportation. (Policy 5-16) Conserve mineral resource areas outside the Santa Clara County On-going Less than Significant City. (Policy 5-17) Consider the desirability of designating Santa Clara County On-going Less than Significant abandoned quarries for passive recreation to rehabilitate land. (Policy 5-18) Irnnuktonev with _Eylkfinng flans.. Superintendent William E. Bragg, Ph.D. Board of Education Pearl Cheng Ben Liao Josephine Lucey Gary McCue George Tyson Cupertino Union School District 10301 Vista Drive - Cupertino, California 95014-2091 - (408) 252-3000 - Fax (408) 255-4450 November 8, 2005 Ciddy Wordell, City Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Dear Ciddy, RE: City General Plan Update I am responding to your October 27, 2005 letter requesting comment on the changes in the numbers of potential residential units now before the city council as part of the General Plan Amendments. As you have pointed out, the number of proposed units has increased significantly from the number in the Draft General Plan that we previously addressed in our April 8, 2005 letter. In fact, as best as we can determine, the number has gone from approximately 1300 units to almost 2200, an increase of over 900 units. The district still concurs with your study titled "School Impacts of General Plan Alternatives" dated 4/8/05. The yields for K-8 of 0.5 students for low density and .186 for high-density development is reasonable and matches our anecdotal data. The fiscal calculations are considered conservative in that the average additional expense per student used includes fixed costs. The true "marginal" cost of each added student is lower than the average expenditure per student used in this analysis. Therefore, we still take no exception to the overall fiscal calculations. The significant increase in projected units will certainly increase the district's challenges in providing housing for the potential new students. Even though we still feel that district -wide we could accommodate the increase, if it were concentrated heavily in one single school attendance area it would create additional concerns. As we previously said, significant impacts on a single school might require special mitigations. Examples would be sites where the addition of another classroom (even a modular) might require added fire hydrants or PG&E service upgrades at a significantly increased one-time cost. Additionally, in some rare cases, total school enrollment size may become an educational issue. For discipline or control reasons, additional administrative staff may be needed that isn't a direct ratio of the number of students added. Or, we may have to bus a small number of students to another site. Liddy Wordell April 8, 2005 Page Two As we look at the increased number of proposed units over those in the original Draft Plan, the potential for such situations to occur has certainly increased. We would expect that the normal city notification and individual project approval processes would afford the district the opportunity to address these special needed mitigations as they arise. Sincerely, /s/ Rick Hausman Chief Business Officer Cupertino Union School District RH:lc cc: Dr. William Bragg, Superintendent, ntendent, CUSD Dr. Steve Rowley, Superintendent, FUSD EQUAL OPPORTUNffY EMPLOYER November 9, 2005 Dr. Stephen R. Rowley, Superintendent Fremont Union High School District 589 W. Fremont Ave. Sunnyvale, CA 94087 Ms. Cynthia Wordell, City Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Response to the City of Cupertino Draft Environmental Impact Report Dear Ms. Wordell: This letter provides you with an updated response to the City of Cupertino General Draft General Plan Environmental Impact Report (EIR) from the Fremont Union High School District. I previously sent letters dated March 2, 2005 and April 12, 2005 to the City Planning Commission and you, in which I provided a broad response to the Draft EIR. Let me begin by saying that in the hours before sending this letter to you, I discovered some information that: 1) challenged my previous assignation of Student Generation Rates (SGRs) in my correspondence to you in April, 2005; and 2) revealed that the data I had available at that time did not include a full list of all projects contemplated or planned for by the City of Cupertino. Let me explain: 1. In April 2005, my calculations regarding projected increases in student enrollment from planned growth were based on an SGR of .228 for low density/SFD (single family dwellings), which I believed at that time to be related to only the Bubb Road project. All other projects I assumed were high density MF (multi -family condos), which I calculated at .016. My assumption that Bubb Road was the only low density project being considered by the City was based on information shared in meetings with Director Piaski, you, FUHSD staff, and me. As described below, Townhall Services, in its work for the City of Cupertino, has used an "average" SGR of .122, which is significantly higher than the average rate I used in April. Townhall Services calculates its projections of increases in students based on .122 SGR for all projects, SFD and MF. 2. At the time of my April letter to you, the projects we believed the City was considering included: Monta Vista, Heart of the City, Vallco Park South, Homestead Road, N. DeAnza Blvd., City Center, Valco Park North, and Bubb Road. Hence, a total of 9 developments representing 1419 units. I understand now this list was considered to be a "non -expanded list of built out areas". The new list you sent me two week ago, which I assume is an "expanded list of built out areas" includes: Oak Valley, Fairgrove, Other neighborhoods through the City, Other commercial areas., and other Employment areas. This is an additional 5 developments representing 778 additional units. CONSEQUENTLY, the analysis and response I provided you with in April are considerably different (lower), based on these important changes in the method -and basis of calculations. Let me outline what I now believe is more complete and accurate set of numbers and assumptions. And I believe the FUHSD and the planners of the City are in concurrence with these numbers and assumption. I then provide you with the overall -reaction by the Fremont Union High School District Fiscal and Enrollment Impacts of Proposed New Development Within the past few months the firm of Town Hall Services has analyzed the fiscal and enrollment impacts of proposed development in the City. As part of their efforts they analyzed student generation coming from new residential development. The City Planning Department and FUHSD each accept Town Hall Services current SGR's based upon actual enrollment from recently completed residential development, and consider the use of the SGR's below as reasonable to estimate the average enrollmentinpact of new -residential development under the new General Plan. SFD - Single Family Dwelling 0.228 MF-Condominium/Apartment 0.016 The City's planners have integrated the new SGR into their new calculations for determining the "Total High School Student Generation Analysis", which can be found on the last page of the attached "School Impacts of the General Plan Alternatives." In addition to this information, Town Hall Services has conducted. several enrollment and fiscal impact studies conducted for the City. The projects were high-density single developments, detached and attached, a type of development becoming increasingly common in Cupertino. An SGR of 0.100 was used to estimate enrollment impacts to FUHSD schools fromthese projects, as it is apparent that. high-density single family developments have a significantly lower SGR than do low density detached single family dwellings. [Please see the attached sheet titled: "Appendix B -Student Generation Rates — Sample New Development -October, 2005 (Fremont Union High School District)".] In addition to estimates of enrollment impacts from these recently proposed residential development projects within the City of Cupertino, estimates were made as to the fiscal impacts of the proposed developments on FUHSD facilities costs (as new enrollment creates school capacity needs and costs) and operational costs (as each new student creates continued educational costs). Town Hall Services has prepared an Appendix C to their analyses tided "Cumulative Development Impacts", which includes the enrollment and fiscal impacts to out District All from the five proposed residential developrnents. A copy of Appendix C is attached. A five projects are located In and around the Vallco shopping center, and in the Cupertino High School attendance area. (Those units are contained in the 22,369 "build out" units recommended by the City Council.) From the analysis of the projects containing the 966 units, the following highlights estimated fiscal and enrollment impacts to FUHSD. 1. The estimated enrollment impact from those projects is 95 students, and at the project locations, will impact Cupertino High School, reflecting the use of an SGR of 0.100 per new residential unit of this type. 2. The capital facilities cost impact needed to house the new students is -$1,152,474, or an average of -$12,250 per student (assuming 95 new students). This can also be viewed as a -$1,193 facilities cost impact per new residential unit (assuming 966 units). 3. Under current assessed valuations for the proposed project, the District will benefit from the additional property tax revenue from these projects, and as such, the fiscal operating impacts will be a net of $791,492, or an average of $5,387 per student. This can also be viewed as a $819 fiscal operating revenue impact per new residential unit (assuming 966 units). General Plan Draft EIR Potential Residential Development Impacts The revised residential development potential contained in the General Plan Draft EIR assumes that, at current, the City of Cupertino has 21,097 (existing and approved) residential units. Under the General Plan City Council recommendations, 23,294 residential units are chosen as the General Plan duration allowable units. Our understanding is that under General Plan guidelines, the City will allow for the development of an additional 2,197 residential units. If we took the average of the agreeable General Plan SGR's for FUHSD (0.228 and 0.016 for both SFD and MF housing) and applied that number, 0.122, to the General Plan allowable 2,197 additional units, then the estimated impact to FUHSD schools would be an additional 268 students. I offer strong caution however, that the very low SGR (0.016) for high-density growth comes from a limited sample of these types of developments. These developments are expensive, generally one and two bedrooms, and in multi -story buildings. An SGR of 0.016 is very low for high-density developments and would likely not be applicable to larger and more affordable units. A reasonable case could be made that a new and similar sample of dwellings in Cupertino could yield seemingly minor differences in SGR, but which could considerably increase the number of students currently projected. Similarly, a change in the SGR from a new sample could dramatically alter new fiscal impact per student. The potential for different outcomes from a different sample is plausible due to the limited number of new units of this development type. That caveat being said, City Planners, FUHSD, and our consultants are in agreement that such differences will not be significant enough to change the general conclusions about the impact to the FUHSD General Fund. Immediate reactions and concerns are as follows - 1. It is true that on average, FUHSD will net over $5,000 per student in the general fund. This is provides us with an important element of comfort in anticipating enrollment *increases due to development as per the General plan. 2. 1 believe roughly half of the estimated growth will fall in Cupertino High School. The school is currently slightly under capacity. If all else were equal, the additional burden of having 100 or more students over capacity is a concern, but there is no guarantee when that increase will impact the school. 3. Any projects in the Monta Vista attendance area give us concern at this time, as the school is currently over its capacity. By comparison, we believe Homestead High School is under capacity. 4. The FUHSD Board of Trustees will not change its school boundaries to temporarily accommodate shifts in the number students or location of where students live. 5. Until FUHSD district completes it long-range enrollment and capacity study in February 2006, we cannot say with great assurance or reliability what the future enrollment or capacity status of our schools will be until that time. Until the completion of this study, and in light of the new calculations and the increase projects and students we must consider in terms of future impact, the Fremont Union High School District is in an essentially wait-and-see mode. I do not think that an increase of 268 students spread out over several years will have a likely negative impact on the general fund, given that we can -reasonably predict that these new students will "pay for themselves". The impact of these students on capacity, coupled with likely natural demographic growth, is another matter. I believe we can give you a more accurate, data -based response in February, 2006. In the meantime, as stated before, the District's position on any new residential development will be to evaluate each new development proposal based on the impact to the general fund, school capacity, and physical facility on a proposal -by -proposal basis, as well as by assessing the cumulative effect of new developments over the duration of the General Plan. Sincerely, Stephen R. Rowley Superintendent C: FUHSD Board of Trustees Cumulative D o,elapnt.............•. — Cupe Lino Schools Ctn ofCupertuto Appendix C Cumulative Development Impacts on Cupertino Union 9hool District and Fremont Union High School District Schools Develo meal Unit Type Total Units Applied SGR Enrollment Impact Net Capital Facilities Net Capital Facilities Per Student Capital Cost Im act-CUSD Cost Im net-FUHSD Facilities Cost Im act-CUSIFncilities Per Student Capital Cost Im act-FUHSI Net Operating Cost Impact-CUSD Net Operating Cost Impact FUHSD-Current AV Net Operating Cost ImpactPer Student FUHS13-1-flither AV Operating Cost Impm Cost Im act-CUSD Per Student Operating Cost Impact Per Student FUHSD-CQtrrmt AV Operating Cost Impact FUHSD-Ifi cher AV hiciropolitan-MeniaEquities SFA 107 0.20E1em 22 (5115,754) ($153,021) (53,134) ($13,911) (S16,709) 532,676 547,856 (5539) $2,971 54,351 167 Hyde Middle 0.08 Mid 9 71 Lawson Middle 9 Cupertino High 95 95 Total 0.10 High I I 95 363 Rosebmvl-Vallco SFA 204 Total 0.20E1em 42 41 (5192,945) ($286,923) ($3,385) ($13,663) (S25,333) $58,672 587,025 05391 52,794 54,144 0.08 Mid 16 0.10 High 21 Pruncridge Ave: Morley Bros. SFA-TH 50 Total 0.25 Elem 78 13 (5167,1751 (5218,976) (53,715) (513,686) (524,255) 550,155 $73,204 (5539) 53,135 54,575 0.15 Mid 8 0.15 High 8 SFA -Flats 80 0.20 Elem 16 0.10 Mid 8 0.10 High 8 Calabazns Pl.-Toll Bros. SFA 369 Total 0.20 Elem 61 75 (5205,275) ($410,970) ($1;)55) (510,815) (S56,595) $558,202 5642,027 (5539) 57,837 $IU,043 0.08 Mid 30 0.10 High 38 Residences-Vallco SFA 156 Total 0.13 Elan 143 21 (574,460) (582,584) ($2,482) ($9,176) (516,170) 591,787 $111,226 ($5391 510,199 512,358 0.06 Mid 9 0.10 High 9 Total 39 Avg. Avg. Avg. Avg. Avg. Total 966 363 ($75509) ($1,152,474) ($3,054) ($12,250) ($139,062) $791,492 $961,338 ($539) $5,387 $7,094 CUSD FUHSD Net Capital Facilities Cost Im pact ($755,609) ($1,152,474) Per Student Capital Facilities Cost hu pact (Avg.) ($3,174) ($12,705) Per Student Operating Cost Im pact (Avg.) ($539) $3,026 Net Operating Cost Im pact (Current AV) ($139,062) $791,492 Net Opertaing Cost Int pact (Higher AV) ($139,062) $961,338 Town Hoff Services Consulting CUSD CUSD Elementary Nliddle FUHSD Total Total Enrollment Impacts 188 80 95 363 Enrollment Impacts by School Collins Elementary 21 Eisenhower Elementary 167 167 Hyde Middle 71 71 Lawson Middle 9 Cupertino High 95 95 Total 188 80 95 363 Town Hoff Services Consulting PROOF OF L`P8U,,,CA-T11rQN -4 Sf:alte a�f Caflffa.rania C(ounty oll Clara am a (J-Nzen olf-Che United State c1nd �-.J 1-e. le of tllc� 'ry) OVFr Jdi�' agge. Of and not, parh,/ to Or interes-1 0,-.Cj jxj 'I" E el 13 0 \I e. ent Med matter. I cUrl 'the Pl`il�dpcil derk of 1.iI Printer of tflp:.: The Cu C a u r i C. r, :1- o 4,� -.5 1 T h e) A m., e cl a San Jose, Cafl'forrj,'l, a e ws - ;�jp(nr 0 -Ir lgeneral c)1-ctj.c1j,i011, .)11 ed ever)/ VVedfnesciav iij th 0 f S a n Jose, SU-vte of (,'aNfoj-j1ia CL and villllcll h e -ryej,1(z -;� I -(- 1.) -- J, i o n by . _. r d' .1,1 'the COWt of the (7 uji, C tV of San,j.-a- c);9 - of, 011orj637 isF1e Of �Alk)"`Jl is a cop 110" - III Eype nc)i. beell Ublished in, eo,) 0-ir Said Q- 1::) d P p tllerenf o61 0/1 1 Lwde�r 1Dpz)1a 0 tilat U—J-P 1\ - -h V U;A- PUBLICATiON, LEGAL NOTICE OF PUBLIC HEARING BEFORE THE PLAN-!�� NTNG COMMISSION OF THE CITY OF CUPERTINO, CALIFOR�' NK January on Janua11, 2005,1a , t 6:45 p.m. in the Council,," Chambers of the Cupertino:;; Community Hall, 10350 Torre:',.' Avenue is hereby given. The„:! following application forr”, action by the Planning Commission will be heard. I. Application No.(s)- G PA -2004-01 (EA -2064-117' ) Applicant: City of Cupertino'�,�......., Location: Citywide General Plan amendment t revise the General Plan ENVIRONMENTAL DETERMv-,", NATION: An Environmental-"" Impact Report has been pre- pared. pared. Potential significant'.1411 impacts identified consist 6M I visual; traffic; park demandi 7 - air quality; public services and., utilities; wastewater systeii�i,`; and treatment; storm rain -i., age; schools; solidwaste; fire and emergency services, q police services; gas and elec-2.1' tricity; wildlife and vegetation; noise; geology and seismicity,:` s, L flood drainage and water:.':. quality; Population, housing." and jobs; hazardous materi- als; historical and cultural resources; energy; mineral - resources; and consistency,�.' with existing plans. All environmental documents• for the described application are available for public review, , at the Cupertino Community,, Development Department, 10300 Torre Avenue,:� Cupertino, California, 95014. If YOU challenge the action of: the Planning Commission in, court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written corre- spondence delivered to the City of Cupertino at, or prior to, the public hearing. Please note that Planning Commis- sion Policy is to allow an applicant and groups to speak for 10 minutes and individuals tospeak for 3 minutes. Steve Piasecki Director of Community Development (Pub CC 12/22/04) Spoken and Written puNic Comments November 15, 2004 (59 persons signed on) December 6, 2004 (38 persons signed on) Cupertino Tadf ApFcz DFar�t 6enerai Plar Review crAmmursty Mee Nopg Facilitation and wall board comments provided by /SIG, Planning/®esign/Communications/ Management Consultants Topic Sub -Topic Comments Source Building Height Monstrosity on the corner resulted in initiatives signed by 5,000 citizens. People don't want high rise. November 15, 2004 Santana Row was written about as a failure. Initiatives need to be addressed and talked about here. Community Forum Building Height Reduced height might kill vitality. November 15, 2004 Community Forum Building Height Mountain views are a tremendous asset. Thank heavens for Stevens Creek Boulevard, can still see Mt. November 15, 2004 Hamilton. Break up the heights. Loved Santa Barbara — has a two-story limit, but may not be affordable. Community Forum Would be nice to have a heritage orchard. Building Height Keep heights down, allow a couple of tall buildings. November 15, 2004 Community Forum Building Height Plan things now that we'll like in 20 years. Cant see foothills because of high buildings. Putting in dense December 6, 2004 housing doesn't solve affordability. Prefer lower heights and density. Spoke before against tall buildings at Community Forum Stevens Creek Boulevard and De Anza Boulevard. Building Height Tallest thing should be a tree, not a building. Look at Vallco [Cupertino] Village. It's one story, an example November 15, 2004 of something attractive. "Twin Towers" and Verona —can't park at Le Boulanger. Density works in San Community Forum Francisco. Outside dining on a noisy street is not attractive, needs to be set back. Building Height We moved here so we can view the beautiful hills. We are rapidly losing our views. November 15, 2004 Community Forum (Written Comment) Building Height Limited heights — limited retail. Have some more "cultural. business", bookstore, movie theaters. Make the November 15, 2004 peoples' commentary important! Cupertino does not have a central core. Community Forum (Written Comment) Building Height Also, just as hill views near Rainbow are gone, so is our view gone where the Cali complex now looms. December 6, 2004 Community Forum (Written Comment) Economic Commercial Uses Concerned about Vallco viability. Is commercial space viable in Cupertino? Like to see a better plan. November 15, 2004 Development Community Forum Economic Commercial Uses Small businesses have come and gone. Businesses are not coming here. Help commercial uses come and November 15, 2004 Development stay. Community Forum Economic Commercial Uses Need adequate parking to keep retail. Focus on Vallco for outside users and revenue. Should have an November 15, 2004 Development Asian flavor to be vital. Community Forum Economic Commercial Uses How can additional commercial space be feasible? December 6, 2004 Development Community Forum Economic Commercial Uses Should be a proportion between commercial growth rate and population. We don't.want to be a shopping November 15, 2004 Development I mall for the rest of the area. I Community Forum City of Cupertino Public Comments General Plan Update Process Page 1 Economic Hotels Interested in hotel occupancies. There was information in the paper about hotel bankruptcies. November 15, 2004 Development Community Forum Economic Residential Concerned about economic impact of being able to improve my house. Adequate square footage is December 6, 2004 Development needed. Urban renewal is needed. Community Forum Economic Cupertino Village has economic vitality; Chinese vitality is our future. It's not Los Altos. November 15, 2004 Development Community Forum Economic A 10 year plan won't work. December 6, 2004 Development Community Forum Economic I want to address Economic concerns. In a quick read of what I believe was the Cupertino Courier's December 6, 2004 Development coverage of the previous meeting, I was surprised to find little, if any, mention of the serious financial Community Forum situation of our city. The closure of McWhorter's, Oakville Grocery, Anderson Chevrolet and Maytag (Written Comment) Appliances have been very damaging to our already diminished Sales Tax Revenue resulting from empty office buildings and general economic decline. As I understand it, Cupertino has a far lower than average City share of property tax revenue coming back to the city. At the same time we look at big revenue producers, such as Trader Joe's and Home Depot on our boundaries with Los Altos and San Jose where we get the traffic, but no revenue. This suggests to me several things: Our Planning Commission and City Council are under heavy pressure with regard to their ability to attract and approve appropriate new businesses. We need operations that are significant revenue producers, as well as those able to sustain longevity in our community. How much can we tweak our selection process to best accommodate the right At the same time, I believe that both the Commission and Council must use wisdom and foresight when making land use decisions that will impact future sales/hotel tax revenue streams. The pull/push is always on for housing sites in a community with fixed growth opportunities. In Cupertino this specifically relates to the Vallco North and South sires and to the Oaks Center. We must be extremely careful about introducing housing into areas with future strong retail/hotel tax revenue potential. Our current scenario finds the concept of Mixed Use receiving a lot of attention, as it appears to address both the commercial and residential needs. However, much care must be given to those decisions, as they would be very difficult to undo or reconfigure to meet future changing market conditions. If the old Good Earth site on Stevens Creek Blvd., had incorporated Mixed Use residential units with its restaurant operation, the shift to the new development, Pete's I believe, would have been just about impossible. Having attended numerous meetings on both past and future GP's, I know that the reworking of such an animal demands a thoughtful and timeconsuming process. I hope that with this next go round that our GP will provide careful consideration to protect our revenue streams and future growth opportunities, while also protecting flee neighborhood qualities that we've all come to enjoy. Environment Sustainability What does the General Plan say about water resources? Do we have our heads in the sand about water December 6, 2004 resources and drought? I Community Forum City of Cupertino Public Comments General Plan Update Process Page 2 Environment Sustainability Think how you will limit water use for 10,000 new residents in the next drought. December 6, 2004 ora Community Forum (Written Comment) Environment Trees Concerned about cutting down trees on residential lots. December 6, 2004 Community Forum Environment Trees Use the City as a forest with real trees not buildings. Make more effort to plant street trees and hire an November 15, 2004 arborist so maintenance workers will know how to care for and trim them. Plant some orchards in some of Community Forum the available space, not bigger buildings. (Written Comment) Environment Wildlife Not enough attention is paid to wildlife habitat and all the creatures trying to survive in this city. December 6, 2004 Community Forum Environment Wildlife Not all wildlife habitat areas can absorb the multiple negative impacts of wide, hard -surfaced "multi -use" December 6, 2004 trails, which are really mini -roads. Some areas are just too small and the value to wildlife and quiet Community Forum enjoyment of passive recreation use are irreparably damaged. There are some sections of the Mountain (Written Comment) View Stevens Creek Trail that are too close to the creek, eliminate riparian vegetation, and should never have been built. Keep wildlife and tranquility in mind when planning trails. Not all need to be or should be "multi -use". Environment Wildlife Prioritize higher the needs of other — wild, native — species - to live, visit on migration, and thrive in the December 6, 2004 remaining few more natural areas of Cupertino, and. conversion of some areas planted with non -natives to Community Forum native plantings with greater wildlife value. No more "creekside" parks! — which minimizes its creekside (Written Comment) location in favor of turf grass and impervious surfaces. Environment Quarries I am a Cupertino resident since 1988, and will not be able to attend the General Plan community forums to Written Comment be held 11/15 and 12/6. I would like to provide input on the following issue: truck traffic to and from Stevens Creek Quarry. I believe that the health and safety of our neighborhood would benefit greatly by severley curtailing the number of trucks which pass between 280 to the quarry along Foothill/Stevens Canyon. These trucks create multiple and excessive hazards including noise, traffic safety (speeding, falling load debris, stopovers along the road or at the Stevens Creek Market parking lot near McClellan), dust and diesel exhaust. As a health professional, the latter are of particular concern to me, as these air pollutants are known to cause respiratory and cardiovascular disease. In addition, diesel exhaust emissions are known to be carcinogenic. I invite Commission members to visit our neighborhood in the early to mid-morning hours to see and smell the amount of pollution generated. Limiting the hours/days of Quarry loading/unloading operations is an insufficient control measure. I urge you to act to restore safe and healthful conditions to this residential and recreational area. General Community I like Cupertino because it's residential and I like schools. High density is alarming. Hope it stays a November 15, 2004 Character residential community. Need things that benefit kids. Don't like through traffic, so many people. People Community Foran need to maintain the community. Public Comments City of Cupertino Page 3 General Plan Update Process General Community Likes City's recreation, want to see Stevens Creek trail happen. City is cultural wasteland. Flint Center isn't November 15, 2004 Character a community theater. We don't have a movie theater, museums, all the tivngs that make a city a city. Community Forum General Community Likes the Stevens Creek Boulevard/DeAnza Boulevard intersection, the diversity and sense of community. December 6, 2004 Character Community Forum General Community Development shouldn't just be viable for developers, it should be viable for residents of Cupertino. You December 6, 2004 Character can see that properties are redeveloping two stories in front and high rise residentail at the back. Community Forum General Ordinances What can I do with my house? Can I have a second unit? November 15, 2004 Community Forton General Ordinances Problem with R-1 second story and shed setback. City has minute ordinances. November 15, 2004 Community Forum General Physical Design The current ratio of fist to second story is adequate. December 6, 2004 Community Forum General Physical Design Looks of the city are important. Things should be proportional, like European towns. November 15, 2004 Community Fonun General Physical Design Felt that Cupertino was just a suburb, but glad to see that there is more of a mix here. Beginning to see November 15, 2004 architecture that reflects various cultures. Rather have a few tall buildings with space in between. Condo Community Forum development at the Oaks could be for teachers and students. General Physical Design Concerned about Rancho and Monta Vista small lots and larger second stories. December 6, 2004 Community Forum General Physical Design Eichler Homes have historic value. Rancho is a unique area of Cupertino. December 6, 2004 Community Forum General Physical Design Setbacks: Mountain View doesn't have setbacks. Parking is in back. December 6, 2004 Community Forum General Physical Design Saw Cupertino change when Target and Mervyn's came in with large parking lots in front. Like Mountain December 6, 2004 View where buildings are set closer to the street and traffic is slowed down. Community Forum General Physical Design Setbacks'are different for a two-lane vs. six -lane road. Do you like the 35' setback like Quixnos? Don't December 6, 2004 - create a hodge podge. Community Forum General Physical Design I feel that most people have proven to be apathetic until the "horse is stolen", then they complain. November 15, 2004 Activists make the most noise, but do not necessarily represent the general population. I know that those Community Forum neighbors, and friends, I speak to, do not like or approve of many projects approved by the City. Cases in (Written Comment) point, the houses hanging over McClellan Road by the golf course. The approval (so far not completed thank goodness) the 7 Houses on one abandoned service station lot Homestead at 85. Yet, I hear from the dais "I see a lot of good in this proposal" over and over. Public Comments City of Cupertino Page 4 General Plan Update Process General Physical Design The library is an excellent beginning. What we need now: A plaza in the same geographical vicinity. It will November 15, 2004 become a great DOWNTOWN since the library gets a lot of community attention. Community Forum (Written Comment) General Physical Design Walkway — west of 85 — to 3 schools, it is possible!! Build walkway over creek or November. November 15, 2004 Community Forum (Written Comment) General Physical Design 17,000 persons signed 3 petitions regarding lower density, lower height and setbacks. I hope you are going November 15, 2004 to consider them. Community Forum (Written Comment) General Physical Design Any easy-to-use space will "feel" more balanced than difficult -to -use space. (perception) November 15, 2004 Community Forum (Written Comment) General Physical Design You can't manufacture a downtown. December 6, 2004 Community Foran (Written Comment) General Physical Design I have been to many meetings and I have never heard the Cupertino citizens demand density and high rise December 6, 2004 buildings. They want a quality of life! Why are we not going in that direction? CCC seems to be more of Community Forum the voice of the people. Listen! More people need more resources! (Written Comment) General Policies Comments on three policies: San Jose Water Company: who will take it over when the lease expires? December 6, 2004 Mountain bikes are allowed on trails. Camping was added as a use to city parks. Community Forum General Process Use Scene; it could be a better communication medium. November 15, 2004 Community Forum General Process People listen but don't hear. What is the new option? December 6, 2004 Community Forum General Process Encourage the Planning Commission to discuss initiative topics. What is left to be developed by the time the initiative is voted on, other than tearing down what already exists? How much of what is being torn down is rental units? General Process Please use the Cupertino Scene as a better tool of communication in regards to current and future planning. November 15, 2004 An especially helpful tool would be to publish the architect's/graphic artist's depiction of new buildings and Community Forum proposed non-residential structures so that more comments can be generated in the acceptance/revision (Written Comment) process. This should also be on the website. General Process It continues to bother me that so many who plan, make decisions, and speak at Citizen meetings do not live December 6, 2004 here. (I was silent so as not to sound disrespectful) Community Forum (Written Comment) General Process Affordable is an ideal. Prices are market driven. It benefits no one to bring people in who can't afford it. December 6, 2004 Community Forum (Written Comment) Public Comments City of Cupertino Page 5 General Plan Update Process General Transportation Balance: pedestrians and bicycles vs. cars. All the hot topics are land use; too much emphasis on November 15, 2004 development issues. What about CCC and the initiatives? Community Forurn General Transportation Concerned about traffic and parking; favor bicycles and pedestrians but see lacking of parking in November 15, 2004 commercial areas. Parking is impacted. Community Forum General Transportation What are the plans for mass transit? December 6, 2004 Community Forum General Transportation Encourage car pools. Keep students in their own school district and they could walk or bike to school. November 15, 2004 Community Forum (Written Comment) General Transportation I want a low-density plan for the development of the City. The current'trend of short setback and lugh-rise November 15, 2004 mixed development creates traffic tension. I avoid driving on De Anza as much as possible now. Street Community Forum alignment of new development has to be strictly enforced. We trust Planning Commission to negotiate (Written Comment) with developers on this. But recent MURANO development project in POPPY WAY angers us all. The curb protrudes out more than 10 feet and creates a safety hazard. General Uses Areas should be dedicated to child care. November 15, 2004 Community Foruin General Uses Agree with cultural diversity and generational diversity. Our children can't afford to live here, seniors too. November 15, 2004 Have a senior center in the community, not just one. Community Forum General Uses . Vallco development needs to address people who are here now. There is a change and we need to address November 15, 2004 it. Need place where kids can go. Kids need to be able to talk and bike to school safely. Library might be Community Forum a downtown plaza. General Uses Uses Hotel sitng and mixes around it are important. Cupertino is suited for residential, not commerce and industry. December 6, 2004 General _ Community Forum General UsesWhy aren't we talking about a downtown center? Need adult and youth friendly places to hang out. Also, December 6, 2004 Uses support green and self-reliance. Skate Park in Vallco similar to Vans which closed in Milpitas Great Mall: Community Forum November l5, 004 General Community Forum (Written Comment) Uses How does the General Plan deal with the nightclubs operations in residential neighborhoods? Specific November 15, 2004 General example is the Blue Pheasant operating after 11:00 pm. There is talk of changing the property designation Community Forum from Park & Recreational to Commercial. This, along with late night after 11:00 pm nightclub operation, is (Written Comment) Uses a disruption and continued concern for the entire neighborhood. Vallco South — This should be a development that it is desirable to live near or buy a house near. It should December 6, 2004 General be something residents want to go to, not some anonymous big box store. The neighborhood near Vallco Community Forum South needs a positive influence to help it return to being a desirable place to live. (Written Comment) Public Comments City of Cupertino Page 6 General Plan Update Process 9 General Uses Have some more "cultural business", bookstore, movie theaters. Make the peoples' commentary November 15, 2004 important! Cupertino does not have a central core. Community Forum (Written Comment) General Vision Most important is a balanced community. Need element of trust that the General Plan won't be changed. November 15, 2004 Community Forum General Vision Balance is important. Where are we unbalanced? November 15, 2004 Community Forum General Vision Balance is the kind of people we have. For example, some people can't afford housing, and we need to November 15, 2004 provide it. Community Forum General Vision Vision is of a Crossroads downtown area, a feeling of a center. Need some way to link to Civic Center. November 15, 2004 Community Forum General Vision Don't think vision has changed since 1993, but City hasn't been pursuing vision. We should make a plan, November 15, 2004 not depend on private developer. Like to see City play a more productive role. Community Forum General Vision Cupertino is a product of orchard heritage and so is technology. Future needs room for tech. Need places November 15, 2004 where we can be cutting edge. Doesn't have to be in tall buildings. Community Forum General Vision 12 Guiding Principles ignored. Contrast the Administrative Draft with the Task Force Draft to see where December 6, 2004 ther are major differences and why changes were made. Community Forum General Vision Debate is between smart growth and its application in suburban areas. Suburban areas should urbanize December 6, 2004 more, but we rebel. I'm divided about how to proceed. Community Forum General Vision We don't have to destroy our city. We have vertical sprawl. Wants to see CCC on the wall board. December 6, 2004 Initiatives signed by 4,800 voters. City has carrying capacity; concerned we're maxing out. Recommends a Community Forum moratorium. General Vision We're talking about 2050. How do you want the City to look? Might not be palatable now, but we can't December 6, 2004 Vision stay the way we look now. We have to move forward. Cupertino is a haven of what West Los Angeles, where we moved from, used to look like. We saved our Community Forum December 6, 2004 General money to be able to buy our home. Rather side on having a quality beautiful city even if it's a higher price. Community Forum Vision Keep growth as it is. As one of the speakers suggested, the issues surrounding the 3 initiatives by the concerned citizens of November 15, 2004 General Cupertino should be included in "New Options" rather than just building more units and overall just build, Community Forum build and build!!! This is what we mean by balance — don't keep on building. I am one of the ethnic (Written Comment) "minorities" or newcomers that have owned property for 25 years and lived here for 18 years. Our (my) Zoning input to General Plan needs to be heard! Commercial zoning allows retail or office. We need two kinds of zones, retail and office. November 15, 0 04 General Community Forum General Is there a regional plan that interacts with Cupertino? Needs to be regional planning. Maybe Cupertino November 15, 2004 could be a leader. I Community Forum Public Comments City of Cupertino Page 7 General Plan Update Process General Vallco South - look at effect development has on surrounding area. Be sure it has a positive effect, e.g., December 6, 2004 traffic. Community Forum General Regarding schools — Make sure students actually reside in Cupertino. (I heard 800 could not provide proof November 15, 2004 of residence). Community Forum (Written Comment) Housing Density Housing Types Balance: we're an aging population. Suburbs were developed for people with kids. Need to balance needs November 15, 2004 of future seniors. 40% of Cupertino's population is single, many are seniors. They don't buy homes, they Community Forum need more walkable homes near transportation. Achieved through density. Housing Density Housing Types Low income housing is a joke. Older housing was low income, but not now. November 15, 2004 Community Forum Housing Density Housing Types Be careful about affordable housing. I know a teacher who didn't get housing, and an Apple employee did. November 15, 2004 Saron Gardens has housing set aside for its employees. Community Forum Housing Density Housing Types Willing to share Cupertino with more people. Willing to expand housing opportunities with denser, smaller December 6, 2004 units. Logical place is Vallco. Higher density but not too close together, space between for parks and Community Forum community gardens. Housing Density Housing Types Need affordable housing to accommodate people who work in Cupertino. December 6, 2004 Community Forum Housing Density Housing Types Affordable is an ideal. Prices are market driven. It benefits no one to bring people in who can't afford it. December 6, 2004 Community Forton (Written Comment) Housing Density Housing Types One item that was mentioned at Monday night's meeting was that fact that Cupertino is not "senior citizen" November 15, 2004 friendly, and that got me to thinking. I'm 71 years old and live on November Drive. I can walk to the Connnunity Forum college, but Mervyn's, the Crossroads, and the Senior. Center are 1 to 1-1/2 miles away, so as I age, I must (Written Comment) drive to the stores, instead of having the pleasure of walking. Bus service from here to there is not available. If a retirement, assisted living home were built on the Anderson Chevrolet property, it would be an ideal location for retired citizens. The Senior Center, Memorial Park, DeAnza are a half block to the west and Mervyns, Target, Whole Foods, Marina Foods, restaurants, coffee shops, etc. are a half block to the east. I do not know if the city would have tax benefits from having a retirement home built there, but it surely is something to consider and encourage. Cupertino is losing its senior citizens to other communities. Our friends on November Drive are moving this weekend to an assisted living facility in Livermore. They would much rather stay in Cupertino after having lived here since 1.972, but could not find an appropriate facility. We have lived here since 1956 and have no desire to move away, but realize that eventually we will not be able to care for our property and will have to find a retirement, care facility. I do not know what the city has in mind for the Anderson Chevrolet property, but I hope you would encourage the building of a senior facility. Public Comments City of Cupertino Page 8 General Plan Update Process Housing Density Impacts Impacts on schools: high schools have problems. Proposition L passed, O failed. Development has effect November 15, 2004 on basic services. These are hefty issues. Community Forum IIousing Density Impacts Wants more information on impact on schools. November 15, 2004 Community Forum Housing Density Impacts Mercury News had articles on Las Vegas, which has large growth that doesn't result in affordability. Seven December 6, 2004 Springs had more school children than anticipated. Children will not be going to school in their natural Community Forum boundaries. How can we contemplate housing on the Measurex site? Think where kids are going to school. Commercial space won't be able to grow if it's replaced with housing. Housing Density Impacts We have crowding problems at Monta Vista. Make sure we have infrastructure to support growth. Taxes December 6, 2004 supporting schools has not been proven. Community Forum Housing Density Impacts Seven Springs has open space, has nice feel. Now I see townhomes packed together, like Murano, and I December 6, 2004 can't see mountains anymore. Important to protect views. Community Forum Housing Density Some high density is attractive. Show projects in the Scene and on the web before they are approved. November 15, 2004 Community Forum Housing Density Density: crime is where high density is. People come here to not be close to neighbors. Mass transit won't November 15, 2004 work. Community Fonunn Mixed Use Impacts What is the impact on city income, traffic and schools of mixed use? Want to see studies. Hate to see November 15, 2004 Vallco run down. Community Forum Mixed Use Retail Centers Why can't we have more than one center? Why not a mixed use area at the Oaks? November 15, 2004 Community Forum Mixed Use Retail Centers What's happening with mixed use - is it successful? We need bigger shops along Stevens Creek Boulevard. December 6, 2004 Community Forum Mixed Use Uses What about coffee houses like those on Castro Street in Mountain View? We need to provide them on November 15, 2004 streets that aren't a major thoroughfare. Community Forum Mixed Use Uses Since Cupertino has low property tax revenue, recommend guarding and protecting the hotel and retail November 15, 2004 space. Housing doesn't pay the bill. Be cautious about mixed use; homeowners can't be moved out in the Community Forum future, if a change of land use is desired. City of Cupertino Public Comments General Plan Update Process Page 9 k - µ )r ... ........ Cupertino Planning Commission Task Force Draft General Plan Community Forum, November 15, 2004 mkt 1'( �Ti1f� c c - Wall chart prepared by MIG Consultants • Mr��tj :� �- --ice 4' r-,16�H'T4= , ► AAAl7 �.46, 70 fir > � �, • ....J►' i way. ► •' WLR .. kms. f r Cupertino Planning Commission Task Force Draft General Plan Community Forum, December 6, 2004 Wall chart prepared by MIG Consultants 942 �'�� ,�. �- ►ram C�- - -. i�'" ... `r' � '�✓f�A.�R�'v` , j. yy►}.,,., y,� CM2/�,y/� �ti�l/' ��,.�*jt"'�� M�'R�*/"VIT%r ' fv �rr.r� �� '�"�r�T7. ��i !��'S�� i WAF,y,. J�IM �c� 1 f •V�IV/IM1�tI Rim/(�YY/ `Ti' /y6,��/ \. /t �/� tea � a CITE' OF CUPEkTINO CALL TO ORDER APPROVED MINUTlS CPERTINO PLANNING COM ISSION Special Meeting Tuesday, August 17, 2004 At 4:30 p..m. Mayor James called the meeting to order in the Blackberry Farm Retreat Center, 21975 San Fernando Avenue, Cupertino. ROLL CALL City Council .members present: Mayor Sandra James, Nice -Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval, and Khs Nang. council members absent: none. Planiiing Conunission members present: Chairperson Taghi Saadati, Nice -Chair GilbertTong (4:35 p.m.), and ,Commissioners Angela Chen (4:44 p.m.) and Marty Miller. Planning Commissioners absent: Lisa Giefer. Staff present: City Manager David Knapp, City Attorney Charles Kilian, Community Development Director Steve Piasecki, Senior Planiier Peter Gilli, and City Clerk Kimberly Smith. STUDY SESSION 2. Joint study session (City Council and Planning Commission) to review a development proposal from Toll Brothers in the Vallco Park planning area for 565 residential units and approximately.50,000-80,000 sq. ft..ofretail space on 27 acres. Plalvling Director Steve Piasecki did a brief orientation and said that this is a development concept provided for early feedback front the Council members before the applicant submits formal documentation. He said that any residential development on this site would trigger a General Plan amendment, and that consideration should be given to land use issues, such as activation of Stevens Creek Boulevard, viability of the conunercial market square, and the feasibility of a commercial "big box" use; parks and open space, including common open space and a public park; and traffic, parking and circulation issues. Jim Meeks, Toll Brothers, reviewed a series of PowerPoint slides and explained their plans to create a useful park that. would .be a resource to the cont-nunity as well as creating a commercial area that would become a destination retail shopping area. Dan Solomon, a consultant specializing in infill projects, explained that they propose 7 acres of housing and 17 acres of mixed-use, with retail uses concentrated in a compact way to August 17, 2004 Cupertino City Council Page 2 activate Stevens Creek Boulevard, as well as relating to the "rose bowl" site and creating a new residential boulevard. Jack Sellman, Architects Orange, discussed various alternatives for the market square, which could include 50,000-70,000 square foot of retail, including two to three major high-end tenants, and some additional food and non-food uses. It would emphasize. a strong street presence on Stevens Creek Boulevard and create many walkable connections, especially to Vallco. Dan Solomon discussed the proposed housing types, including two -fronted units that face both open space and street frontage, a townhouse over a flat on Stevens Creek Boulevard, and some denser, stacked units. Discussion followed regarding the pros and cons of placing a "big box" retailer in this location, and what physical changes would be necessary to the existing road to make that feasible. Meeks said that it would be better to do two medium-size stores of 25,000 square feet each. Randal Mackley, consultant, said that Cupertino has a number of issues, one of which is a lack of fine dining component. He said the proposed concept has a good chance of success and is very flexible, and has buildings of a size that are easy to fill if a tenant leaves. He said the community has tremendous wealth here, and the city should take advantage of that by providing more restaurants. Discussion followed regarding the appropriate amount of retail and parks, the pros and cons of "big box" retailers as opposed to more "mid-size" retailers; the importance of linking this development with others, and the feasibility of creating a "Santana -Row" feel and creating revenue -generating opportunities in what is Cupertino's last large undeveloped area. Jim Meeks sunnnarized the comments made by the City Council and the Planning Commissioners, which included: Less residential; the location of parks is in question, and the applicant should build more than the minimum require parks; connectivity to other retail sites is- important; applicant should work with other retailers; more retail is important, suggested range is 80,000 to 120,000 square feet; skate park is requested; appropriate density is 45 dwelling units per acre maximum; and three stories are acceptable, but there is . resistance to four stories. ADJOURNMENT At 6:25 p.m., the meeting was .adjourned. Kimberly SmitV,(" Clerk Task Force Members , 1/12/2004 First List 7l9 7l1 ._ X12 8l 6 �l 1 X120 $l2� �l1® 9l1 9124 10/8 110/15 Fari Aberg _ _ f Charlie Ahern Stan Barkey, Cynthia A. Bartlett Wong Girish Bhat Dave Blau _ Rodney E Brown Mark Burns Pat Eustamante James Cai Nolan Chen Cary Chien Matthew Cohn Erve Conens Roger Costa Nina K. Daruwalla Michael Di lore Linda Espinoza Suzanne Ford Mike Foulkes Lisa A. Gider Andrew Golkar Bob. _ , Graber David Greenstein Mary Jo Gunderson Andrea Harris Robert Hendrickson ' Mary Holaday Roberta Hollimon - First Last 8l6 8l1 3 �h®, 7l9 7l1 �1�3 X12 X110 9/17 9/2 10/� 10/1. Absent Task -orce Members 1/12/2004 General Plan Task Force July - October 2003 Summary of the Cupertino General Play: Task Force meetings _ } August 13, 2003 Speakers and Presentations by: Captain John Hirokawa, Santa Clara County Sheriff's Department: on how the sheriff's department serves Cupertino, and provided background information on crime rates and issues. Glenn Goepfert, Assistant Public Works Director, City of Cupertino: on circulation issues. Discussion: The Task Force met in table groups to discuss Task Force process issues and the circulation discussion points. August 20, 2003 �e Speakers and Presentations by: Therese Smith, Director of Parks and Recreation, City of Cupertino, presented background on open space, parks and trails. Discussion: The Task Force met in table groups to discuss Task Force process issues and the Open Space, Parks and Trails discussion points. August 27, 2003 Discussion: The Task Force met in table groups to discuss Task Force process issues and Environmental Resources/ Sustainability, Health and Safety and Circulation. August 30, 2003 Field Trip: The first of two field trips took place. Task Force members accompanied staff on a field trip of development in surrounding communities. September 6, 2003 Field Trip: The second of two field trips took place. Task Force members accompanied staff on a field trip of development in surrounding communities. September 10, 2003 Discussion: The Task Force met in table groups to discuss Task Force process issues and Community Form/ Housing (Land Use/ Community Character and Housing Elements). September 1�B 2003 Speakers and Presentations: Recommendations for changes to the Environmental Resources and Health and Safety elements were presented by the drafters of the recommendations.Discussionm The Task Force -met in table groups to discuss Task ' Force process issues and the Community-Form/Housing, Environmental Resources and Health and Safety discussion points. Sete "er_'2� 203 Speakers anal Presentati.onsm Task Force -members who drafted the Community Form and Housing and the Transportation (Share the Load) recommendations .presented their recommendations to the Task Force. Discussion: ` The Task Force met in table groups to discuss Task Force process issues and the. Community For and. Transportation recommendations. PctoberSj 2003 Discussions Lou Heater, Moore Iacofano and Goltsman (MIG) facilitated .the meeting. The Task Force discussed and approved the Community Form and Housing final draft. October I5 2003 The Task Force discussed and. approved the Circulation, Environmental Resources and Health and Safety ficial draft. I QUESTI®N VOTE VOTE MOTE COMMENT YES NO AB- STAIN Should increased emphasis be 14 34 placed on pedestrians and bicyclists in the draft General Plan and if so how? Consider reducing number of through traffic lanes by converting to parking lanes, sidewalks or medians (also relates to other : streets besides Stevens Creek Boulevard.). Should the development 8 35 allocation (amount of commercial, office, hotel and residential development) slightly decrease 'the potential commercial and office development and increase residentialpotential? Should the jobs/ housing balance 17 26 be improved? Should the Crossroads area be a 18 25 pedestrian oriented shopping district with mixed use along Stevens Creek Boulevard, between Ike Anza Boulevard and 'Stellm* Load? ,Should the Vallco Park South area 20 23 be a mixed-use commercial area With regional commercial, office and entertainment center with supporting higher density residential development? Should the heights be the same as , 25 12 Conflicting the existing. General Plan, except information on Table 8 with the proposed changes of 30 _ vote. This shows it feet adjacent to residential uses, voting yes based on and gateway areas instead of their report; another Ian, dmark buildings (60+ feet) report shows it voting no. QUESTION VOTE YES VOTE NO VOTE AB- STAIN COMMENT Should developers be required to 31 12 " build smaller more affordable units in order to provide a range of housing es? Should the city continue to 27 16 " encourage the development of affordable housing? G:planning/ genplan/ task force/community form vote COMMUNI FOR OUSING Presented September 10, 2003 QUESTIONS PREPARED BY COMMUNITY FORWHOUSING WRITERS Wnfino, rP-;1 lig nrnvidPd'bv'Task Farce member) QJES'TION VOTE VOTE VOTE- COMMENT YES NO AB- STAIN SNARE THE ROAD QUESTIONS REGARDING EMPHASIS ON PEDESTRIANS AND BICYCLISTS Should street width and number 6 20 of lanes be reduced at the expense of lowering the Level of Service (LOS) of the street or intersections? (This refers to Stelling,Prospect, rainbow, Bollinger, Homestead, Stevens Creek Blvd, De Anza Blvd, and residential streets.) Should the general plan require 9 . 19 1 evaluating options for traffic calming on Stevens Creek Boulevard.? Should street widths be reduced. 15 11 Table 8e What is as a general'objective to improve "'improve"? community character? Neighbors should decide, not,city. DEVELOPMENT ALLOCATION° Residential units:'` Should the 9 22 If not; h®ter many? general plan allover for 4615 new 1000,1500;3615 units? were? Not Vallco &S - Hotel rooms: Should the:general 12 17 1 If not,`how many? 400 plan allow for 1167 new rooms? Office/ Industrial: Should -the 12 19 If not, how many? general plan allow for 994,693 11M' additional square feet? Where? As in existing OP Commercial/ Retail: Should the 19 12 If ` not, homer .any? general plan allo.w'for 856,710 11M: additional square feet? Where? As in existing GP QUESTION VOTE VOTE VOTE COMMENT YES NO AB- -STAIN JOBS/ HOUSING BALANCE Should housing be added if the 5 24 1 resultant student population cannot attend Cupertino schools? Should housing be added if they 8 21 cannot attend their neighborhood schools? Should the developers for all 3 26 major new or renovated office or industrial developments be required to include housing at a ratio of two dwelling units per 1000 square feet of net new area? -building Should the jobs/housing 0 24 Table 3: Biased imbalance be improved at the question expense of economic health in Cupertino? (i.e. considering the cost of providing services to new development; using land for housing rather than for retail that could provide more local stores and services and generate sales tax revenue Should major developments be 8 16 Table 3: Biased allowed that would increase the question jobs/housing imbalance, requiring more housing to be added? Should the general plan require a 17 12 If so, how often: periodic review of the data used 3-5 years to establish ABAG housing 2-5 years requirements, to confirm the accuracy of the determinations, and to make sure the requirements reflect changes in the jobs/ housing balance caused -by changing economic conditions? 3 QUESTION VOTE NOTE VOTE COMMENT YES NO AB- STAIN CROSSROADS AREA Should residential uses be 11 18 introduced into the Crossroads area? If so, should the housing density 10 19 in hat area and elsewhere along Stevens Creek Blvd. all be at 35 dwelling unitsper acre? Should buildings in the 16 13 Crossroads area exceed 30 feet plate height (where "the roof pitch begins) and 36 feet total hei ht? BUILDING HEIGHTS Should heights be allowed at 60 6 24 .feet for apartments/ condos near Stelling. and Homestead? Should height exceptions be 10 21 allowed in the "Heart, of the City" area? Should- heights in excess. of 60 feet 9 21 If so; ho,w' ,' sigh? It be allowed anywhere in the city? depends. 35' Where.?. Per GP in City Ctr&Vallco Should 45 foot heights be allowed 9 20 1 _ along Prospect, Rainbow, Stelling and: the 'othes listed in item one and outline in dark blue on the height map? OTHER HOUSI TG DENSITY ISSUES Should housing be developed on 6,' 24 Homestead near Stelling at 50 dwelling units per acre? Should housing be developed in. 9 17 For N De Anza the North De Anza and. Bubb Rd. 4 t2 For Bubb areas at 35 dwelling units per acre? QUESTION VOTE VOTE VOTE COMMENT YES NO AB- STAIN Should the City Center area be 13 19 Define enhanced. enhanced as a large scale high What is high density? mixed use district? -density Should mixed use developments 14 18 be encouraged throughout the city or mainly in the urban centers? Should higher density housing 11 18 1 and mixed use projects be encouraged along our main streets (Stelling, Prospect, Homestead, see list in the first uestion)? DESIGN REVIEW Should a resident's Architectural 19 13 and Site Review Committee be reestablished in addition to the design review subcommittee of the Planning Commission to get input from residents on new city projects, and to make the development process more public before building designs are finally -approved? VIEW ISSUES Should the general plan include 21 10 incentives for developers who protect views of the hillsides for the residents who don't live in the hills to enjoy? PARKS Should the general plan 25 7 encourage pocket parks by reducing the 3.5 acre park minimum size? 5 QJESTIOlV VOTE VOTE VOTE COMMENT YES NO AB- STAIN ECONOMIC ISSUES Should the general plan seek to 18 7 have the city annex the Danson quarry for the utility tax revenue Should the general plan designate 17 certain zones to be strictly " commercial retail to maximize sales tax revenues? (Ex. North and South Vallco area; the Oaks area G:planning/genplan/task force/community form vote from writers 9-10-3 C'OMMUNTTY FORM AND HOUSING Presented September 24, 2003 QUESTION VOTE VOTE VOTE COMMENT YES NO AB- STAIN Consider pocket parks in new and 35 10 renovated commercial and in new residential developments for respite and gathering places 2-72. -(Policy View Preservation: Devise and 34 10 implement a policy to encourage developers to limit building heights in order to preserve hillside views throughout the city. -44, Strategy 3 -(Policy Since the quality of Cupertino 43 1 1 schools (element and high school) is a primary asset of the city, care shall be taken to ensure that any new housing will not adversely impact these systems. (Policy 2-19, 2 -Strategy Approve the development chart 34 4 3 more yes with in Policy 2-20. some residential in Vallco South and 2 more yes if more retail Approve building housing 13 11 density changes by area, using the area list in Implementation Program 1 attached. After voting on densities by area, Option neither vote on Option 1 or Option 2. 1-13 -17 Option 2-14 Developers who develop housing 28 10 1 of 10 units and above must provide 15% below market rate units based on the actual number of new units built, not based on the net number of new units -provided. 2 QUESTION VO'L'E VOTE VOTE COMMENT YES NO AB- STAIN Approve the height changes: no 21 11 1 60 foot heights; maximum 45 feet at City Center; maximum 35 feet Homestead/ Stelling, maximum 35 feet Vallc® Park Sixth; maximum 30 feet elsewhere.` DELETE FROM THE GENERAL PLAN THE FOLLOWING SENTENCES, AS THEY UNDERMINE ALL THE DENSITIES SPECIFIED IN THE GENERAL PLAN (9 THROUGH _14): QUESTION VOTE VOTE VOTE COMMENT YES NO AB- STAIN Development allocations for the 36 4 planning area shall not be exceeded unless allocations are transferred from another area. (There are always "underutilized -properties") Floor area ratios may be exceeded 37 8 during the development review process if mixed use or other community amenities are provided (would need limits and quid pro quo specific requirements) Based on the fact that the city 40 5 during the past decade has added an average of 200 units per year to the housing stock, this 5 year goal (of 465 units per year) will need to be aggressively pursued between 2001-2006. (Sec. A Adequate sites for ABAG Estimated New Construction need Allow residential developments to 36 9 exceed planned density maximums if they meet a special social goal (Implementation Program 18). Any development could meet some social goal. 4 QUESTION VOTE YES NOTE NO VOTE AB- STAIN COMMENT The city will develop and adopt a 40 .4 program that includes the f®flowing guidelines: When a proposed development or redevelopment of a site would cause a loss of multi -family rental housing, the City will, grant approval only if at -least two of the following three circumstances exist - The project will produce at least a 100% increase in the number of units currently on the site. (Cut only Italicized text requiring double the density) Implementation Program 26 Require that major new office or 36 9 industrial development, or redevelopment, including housing at two dwelling units for every 1000 square feet of new office/ industrial building area Polk 249, urate 2) SHARE THE ROAD (CIRCULATION) Presented August 27, 2003 QUESTION VOTE VOTE VOTE COMMENT YES NO AB- STAIN Should Cupertino work closely 49 with neighboring jurisdictions and agencies?(Policy 4-1 Should increased emphasis be 42 6 placed on pedestrians and bicyclists in the draft General Plan, and if so, how? • Possibly add pedestrian time to traffic signal phase.(Policy 4-3 Promote Safe Routes to School 43 4-3 -program(Policy Should local street designs be 34 16 suited to the requirements of the area served?(Policy 4 - Should Level of Service D be 20 29 1 4 no's would be yes if maintained escept E+ allowed at reference to E+ is Stevens Creek Blvd. intersections deleted. at De Anza and Stelling and De Anza and Bollinger to accommodate Heart of the City? 4-5 -(Policy Should traffic calming measures 38 11 1 2 people who voted be employed to discourage traffic yes don't support from using neighborhood streets? speed humps 4-12 -(Policy Should school traffic impacts on 44 5 1 neighborhoods be minimized? (Policy 4-14 Qplanning/genplan/task force/ circulation votes 8-27 ♦ M 11 ♦. /F �. k i �l ( is _�. t ; _..,, ilI I♦` QUESTION VOTE VOTE NOTE COMMENT YES NO AB- STAIN Should the principles of 49 1 (on sustainability be incorporated into Policy Cupertin®s planning and 5-2) development system (Policy 5-1) ® Encourage the conservation and efficient use of electrical power, and natural gas resources. (Policy 5-2) ® Encourage the design and construction of energy and resource conserving/ efficient buildings (Green Building Design) (Polis5-3 Should Cupertino dedicate or 41 7 1 7 yes votes are based acquire trail linkages to connect on amending policy to areas and. provide a more say walkable community? (Policy 2- °' ere appropriate" 68 Should Blackberry Farm be reused 34 15 as a community park? (Policy 2® , 64, Policy2-76 Should Cupertino acquire school 44 5 properties and preserve school playing fields? (Policy 2-75, Policy 2-78 Should neighborhood- parks in 46 3 neighborhoods F-1, K and M be acquired or dedicated? (Table 2- C) \ ENVIRONMENTAL RESOURCES Presented September 17, 2003 QUESTION VOTE VOTE VOTE COMMENT YES NO AB- STAIN Establish a Task 30 10 Votes missing from one Force/ Commission to further table evaluate technologies, cost of (All questions) ownership, implementation and annual plan. Educate the public how's, why's 38 1 and how to become more "sustainable." Water -wise demonstration 29 9 1 -gardens Reduced pesticides in watershed 38 2 Increased recycling 39 Some "encourage" and "should" 11 22 1 have been changed to "will" and "require" for new construction and significant remodel. G: planning/ genplan/ task force/ environmental resources vote HEALTH AND SAFETY Presented Se tea er 17, 2®®3 QUESTION NOTE NOTE VOTE COMMENT YES NO AB- STAIN . Should Acceptable Levels of Risk 11 _29 as shown in Table 6®C page 6®9 be lowered for Groups' 6 and 7? Community gates, speed bumps 22 17 1 and humps can hinder the response time of emergency vehicles. Should the city avoid such traffic calming devices in the interest of imblic safety? priority in developing an Emergency Response Plan to a Stevens Creek Reservoir Dam failure? G:plannng/ genplan/'task force/ health and safety vote 9-1/-U3 COMMUNITY FORM AND HOUSING FINAL VOTES October 8, 2003 Task Force members began a discussion on specific changes in this section, but did not finish them. Instead, a vote was taken on the document as a whole, with no further changes than those shown in the attached document. Even so, votes on the few changes discussed are shown below. There are two development allocation options because the Task Force did not reach a consensus on one or the other. (See page 10.) CHANGE PROPOSED CHANGE VOTE Overall question How many people generally concur with the element Yes 35 No 6 2 Strikes Policy 2-3 Crossroads Yes 7 -Page 7 Support Option 1 17 -Page Support Option 2 9 Neither 14 Either 5 Page 11 Support 35 units per gross acre on Stevens Creek Boulevard 5 Support 25 units per gross acre on Stevens Creek Boulevard 21 Support as is 13 planning/ genplan/ task force/ community form and housing votes CIRCULATION FINAL VOTES October 150 2003 The changes below represent some of the changes in the Circulation element. There are other changes in the element that were voted on as part of the whole document_ CHANGE PROPOSED CHANGE NOTE Page 4®2 ` Remove traffic calming bullet. `- Yes 18 No -0 Page 4-6 Strategy 2. Change wording to Yes 20 "Provide space on -appropriate No 0 streets for'bus turnouts.,or safe and accessible bike lanes or edestrian paths," Page 4®6 Strategy 20 Delete reference to Yes 8 developing a quarter -mile grid No 1 of safe ralkab side calks, :etc. Page 4®6 Strategy, 2, Change; wq,rding to Yes .15 "Consider . developing a quarter® No 0 _ mile grid of safe, walkable sidewalks, etc. Page. 4-7 Strategy 5.. Strike first -two Yes 18 sentences. No 0 Strike Stevens Greek B,lvd./ DeAnzae Page 4®9 Add. Strategy 7- Study th.e Yes 19 possibility of providing shuttle No 1 - service. Page 4-9 Strategy 5° Delete traffic signal Yes 11 preemption for buses No 10 Page 4-12 Drop Policy 4-6 and Strategies 1 Yes 14 and 2 No 7 Page 4-15 Strategy 1. Add "and based on (vote not approval of C 0 % . ®f; `the residents recorded) on the suet°" Page 4®15 Strategy 30 Change wording to Yes 17 "Develop traffic management No 0 plans for local residential streets affected by unacceptable levels of throe h traffic°" Add a_policy Enhance the synchronization of ` Yes- 24 traffic si als on major streets. No 0 T T--., ENVIRONMENTAL RESOURCES FINAL VOTES October 15, 2003 The changes below represent some of the changes in the Environmental Resources element. There are other changes in the element that were voted on as hart of the whole document. CHANGE PROPOSED CHANGE VOTE Overall question How many people generally Yes 16 concur with the element No 2 With changes Yes 22 No 0 Page 5-5 Change "Require the inclusion Yes 16 of additional shade trees and No 5 landscaping for energy efficiency" to "Encourage..." Page 5-6 Delete "Require residents and Yes 7 businesses that are remodeling No 18 to review and sign as acknowledgement that they have reviewed the "Sustainable Building Practices" guide prior to permits being issued." Page 5-6 Change "Require either passive Yes 20 solar heating and or dark plaster No 2 interior with a cover for Delete 2 swimming pools..." to "Encourage..." Page 5-11 Mention both quarries, not just Yes 21 Hanson. No 1 Page 5-13 Change "Require drought Yes 16 tolerant native...." to No 6 "Encourage... " Page 5-20 Remove all "etc.'s" Yes 19 No 0 Page 5-23 Change "Include water -wise Yes 14 demonstration gardens in each No 7 park...." to "some parks where feasible..." Page 5-24 Change "Require water -efficient Yes 15 landscaping plans as part of the No 9 development review process" to "'Encourage..." G:planning/ genplan/ task force/ environmental resources votes HEALTH ANIS SAFETY FINAL VOTES October 15, 200 The changes below represent some of the changes in the Health and. Safety element. There are other changes 1n the element that were voted on as part of the. whole document. CHANGE PROPOSED CHANGE VOTE Overall question Homer many people generally concur w1th,the. element Yes 10 No 4 Tith changes Yes 26 No 0 Page 607 strate ' 2: ; 5 ell out -acr®n No Grote taken Page 6-7 Strategy 40' Leave .in reference to 50 % increase. Yes 19 No 6 Bring back original language. Yes 12 No 6 Page 6-9 ' Remove Table 6mCe Yes 5 No 15 Page 6-20 Polk6 12Ae leave in last sentence. 1 Yes 6 No 1 COMMENTS October 15, 2003 Task Force members made Lyeneral comments as noted below. TASK FORCE COMMENT OTHERS IN MEMBER AGREEMENT Joanne Tong The Community Form and Housing 11 section references the Crossroads. There is community concern about this; why is it still in the plan? [Answer: the City Council left the reference in for the Task Force to discuss.] Minority report: who is signing the report and do they live in the city? People who speak at the meeting should identify themselves as a resident or non- resident. [Answer: Signatures will be provided with the minority report. Resident/ non- resident information is currently available.] Dennis Whittaker Not able to speak previously. Land use flexibility - retain our "jewels." 15 Honor development commitments. No, 13 honor citizens/ voters. School impacts - Monta Vista will be 18 shut down. Frannie Edwards- Reviewed the recommendations for Winslow changes to the Health and Safety element. E.g., the table has no attribution, and city has no control over the facilities listed; the 50% requirement is typical; smoke detectors - is a safety issue; shake roof - don't repeat Santana Row; delete Strategy 3 under policy 6-35 - there is an existing national plan. Kathy Stakey What about school impact studies? [Answer: school impacts will be analyzed in the Environmental Impact Report.] Erve Conens More people are concerned about these issues than those who spoke. (votes were then taken to show support of comments Qplanning/ genplan/ task force/comments 10-15-03 Community Form and housing Summary of Task Force Input Introduction: Two thirds of the task force members voting on the clarification questions on "City Form and Housing" wanted affordable housing, but not 35 units to the acre, and not 45 and 60 foot heights. Most felt the jobs/housing balance had swung in the other direction, and that we didn't need 4600 new homes in the General Plan. Also, most preferred the Crossroads area to be a significant retail area., without mixed uses there. As to whether to limit the Vallco area to retail uses for economic stability, a significant minority was in favor of that option, so two approaches to housing allocations are presented. Consensus Items (6.6 2/3.;to 100/®) 'These will not be voted on again tonight. Street Width Do not reduce. street width, on Stevens Creep Blvd, De Anza Blvd, Stelling; Prospect, other rni.nor arterials, neighborhood,streets. Do not add more on street parking areas to Stevens Creek Blvd. Commercial growth (retail/restaurants, etc) Do not reduce the amount of commercial development potential in the General Plan. (Keep the existing General'Plan commercial allocation of 4,431,000, not 4,174,136) Encourage commercial development. Designate certain lareas of the city expressly for commercial development. Crossroads area to be all commercial with no -housing. Residential Growth Do not increase the. amount of housing in the general plan Gust go from the 20,032 units built M2000 to 22,369 ds set out in the existing General Plan): Affordable Housing Encourage developers to buil& smaller -1 omes for better affordability. Encourage a mix of housing types and densities to provide lower cost units. Housing Densities Do not build housing at 35 units to the acre in the following areas: (N. De Anza Blvd, Vallco Nortl , VAllco South, Crossroads; Bubb Road) Do not build housing at 50 units per acre at Villa Serra on HoWestead Do not build housing at 35 units per acre on Stevens Creek except at City Center Do not add more high: density housing to City Center, Building Heights Do not build at 60 ft or 60+ feet. Limit areas with 45 foot heights. Do not build housing at 45 '.foot heights. Most housing to be less than 30 feet in height. Do not "urbanize" Cupertino; maintain the suburban character. Jobs/Housing Balance The balance has. shifted. Many are out of work. Many have left the area. People have moved to the area now from Morgan Hill and Fremont because prices and rents are lower than in the past. Economic Development Economic Development for fiscal stability should be a -City priority. Please vote on the following: Add to the general plan: (1 to 3) 1. Consider pocket parks in new and renovated commercial and in new residential developments for respite and gathering places. (Policy 2-72) 35 Yes 10 No 2. View Preservation Devise and implement a policy to encourage developers to limit building heights in order to preserve hillside views throughout the city. (Policy 2-44, Strategy 3) 34 Yes 10 No 3. Since the quality of Cupertino schools (elementary and high school) is a primary asset of the city, care shall be taken to ensure that any new housing will not adversely impact these systems. (Policy 2-19, Strategy 2) 43 Yes 1 No 1 Abstain 4. Approve the development chart in Policy 2-20 34 Yes 4 No 5. Approve building housing density changes by area, using the area list in Implementation Program 1 attached. 13 Yes 11 No 6. After voting on densities by area, vote on Option 1 or Option 2. 13 Option 1 14 Option 2 17 Neither 7. Developers who develop housing of 10 units and above must provide 15% below market rate units based on the actual number of new units built, not based on the net number of new units provided. 28 Yes 10 No 1 Abstain 8. Approve the height changes. No 60 foot heights; maximum 45 feet at City Center; maximum 35 feet Homestead/ Stelling; maximum 35 feet Vallco Park South; maximum 30 feet elsewhere. 21 Yes 11 No 1 Abstain Delete from the General Plan the following sentences, as they undermine all the densities specified in the General Plan: (9 through 14) 9. Development allocations for the planning area shall not be exceeded unless allocations are transferred from another area. (there are always "underutilized properties') 36 Yes 4 No 10. Floor area ratios may be exceeded during the development review process if mixed use or other community amenities are provided. (would need limits and quid pro quo specific requirements) 37 Yes 8 No Implementation 1: Housing Units by planning district # of acres Monta Vista 142 Add about 2340 new residential units as specified in the existing general plan versus 4615 new units citywide in the draft. Vallco Park South 0 0 Option 1 (includes some housing at Vallco, but none in the Crossroads area) Area # Units Density (# units/acre) # of acres Monta Vista 142 up to 12 11.8 Vallco Park South 125 up to 25 5 (of 20) Heart of the City 443 up to 25 17.7 Homestead Road 493 up to 35 14.1 City Center 494 up to 35 14.1 North De Anza 215 up to 25 8.6 Vallco Park North 228 up to 25 8.7 Bubb Road 81 up to 20 4.1 Undesignated 122 up to 20 6.5 Total 2337 Option 2 (includes no housing at Vallco, and no housing in the Crossroads area) Area # Units Density (# units/acre) # of acres Monta Vista 142 up to 12 11.8 Vallco Park South 0 0 0 (of 20) Heart of the City 262 up to 15 17.7 Homestead Road 316 up to 22 14.1 City Center 495 up to 35 14.1 North De Anza 300 up to 35 8.6 Vallco Park North 0 0 0 (of 8.7) Bubb Road 81 up to 20 4.1 Undesignated 455 ? ? Total 2315 ® AJAi�V�',L11V1&VQ.1L Vll.11V �1L,/ �Jd(.6LS: 8 �/u-4.1181Vvi8u w.rtaavv�vsve ..,yas� �vvvv saays.v conUnercial growthin the nliddlc of not just Vallco and the Oaks, • Bring down heights. • Crossroads — atmosphere needs to be more inviting. • Is there a gain or loss for each residential unit? • Need presentation from Fire Department. • Need more detailed answers. • Does the population increase benefit existing residents? Table 6 • The General Plan goals are so general that it's hard to have disagreement. Goals are not measurable objectives, which are needed. • Focused on Goals D and E, jobs/housing balance. Are we out of balance — what is the measure? Affordable housing is good, but large scale and density and encroachment on commercial may not be good. Table 7 • Interested in increasing commercial/mixed use, including Bubb Road. Office could be part of mixed use. • Hotel rooms — we have enough. • Residential — be sure there is a fiscal balance. • Jobs/housing balance is OK as is. • 15% BMR requirement is good. • Public safety is important. "Security by Design." Table 8 • Discussed where each person was coming from. • Discussed impressions of Cupertino. • Mixed use — not convinced they want to support it. • Crossroads/streetscape — too late, already too slow. What about using side streets? • Teenagers, families need a place to hang out. Coffee shops don't have areas to relax and interact. • Jobs/housing balance — high density not desirable — need more information. • Written answers to questions not sufficient. • Monta Vista — why is mixed use working? • Do we have a say about the future of Vallco? • Like to see less commercial area and residential units. G:planning/genplan/task force 7-23-03 table leader reports e -in® General Plan Task Force Table Leader Repo its August 6, 2003 • Is the city fiscally sound - would like to have fiscal documents. • What are the criteria for low income housing? • Can we prohibit exceptions? • Need more discussion time. Table 6 • Community Form: What do we want our city to be - urban or suburban'? This is a useful discussion point. • Revenue: evaluate community form for the impact on the revenue stream. • Very little land is left; therefore, development will have a significant impact. • Development is appropriate at major freeway exits, e.g., Vallco. These land resources are very precious; they should not be residential and should be commercial/ office. Vallco has the opportunity for successful commercial and can support industry. • Heart of the City and Homestead; phased, mixed-use is appropriate. Test mixed-use. • Heights: 46' seems reasonable. Table 7 • Money (fiscal impact) is number one concern. Presenters need to give specific information on fiscal impacts. • Commercial zone is not adequately differentiated. • Residential uses can't be near certain kinds of development. • Need more time to reach consensus. • Task Force needs to be informed about the City Council study sessions. • Schools: other areas are being funded by developments around them. • Cupertino needs to offer things to make Cupertino the city of choice. • Want to make specific recommendations on the General Plan. Table 8 • Visionary stage hasn't emerged; details have inhibited the group. Discussion time is too short. • Similar views as Table 6. • Jobs/ housing balance: group doesn't think there is an imbalance. • Sales and use tax is fragile. Need more emphasis on steady, constant income. • Does the housing allocation plan max out the city in the future? • Need to be advised of other decisions being made. G:planning/ genplan/ task force/8-6-03 table leader reports 2 • Commercial zone is not adequately differentiated. (7) 3. O ice: • Office - why more if we have high vacancies now? (4) 4. Hotel: • Looked at allocations and what they would do differently form the draft General Plan. E.g., Hotels, do we need more? (4) • Hotel rooms - we have enough. (7) • Commercial development: hard to tell if hotel potential will be needed. (2) 5. Residential: • Like to see less commercial area and residential units. (8) • Preserve residential neighborhoods. (4) 6. Tobs/Housing_ • Do we really need to meet the ABAG housing numbers? What is the penalty if we dont? (1) • Senior housing - how are we going to encourage it? Need assisted and affordable assisted. (1) • Jobs/ housing balance. Cupertino ranks in the middle of other cities. How well are we doing with low-income housing? We need to retain our residential character. Why look at either/ or? We should retain our residential character and still help with low- income housing. (3) • Residential needs to be increased, but there are concerns about impacts on education. (4) • Focused on Goals D and E, jobs/ housing balance. Are we out of balance - what is the measure? Affordable housing is good, but large scale and density and encroachment on commercial may not be good. (6) • Jobs/housing balance is OK as is. (7) • Is there any way to encourage more attractive buildings? Need to be concerned about square footage, not just density. (3) • Talked about how to beautify the City, bring all the different areas together. (4) 11. Fiscal: • How do we get more revenue? Through sales tax. (5) • Residential - be sure there is a fiscal balance. (7) • Revenue: evaluate community form for the impact on the revenue stream. (6) • Money (fiscal impact) is number one concern. Presenters need to give specific information on fiscal impacts. (7) • Sales and use tax is fragile. Need more emphasis on steady, constant income. (8) 12. Schools: • Schools: other areas are being funded by developments around them. (7) 13. Public SaLet°y: • Public safety is important. "Safety by Design." (7) 14. Other: • Teenagers, families need a place to hang out. Coffee shops dont have areas to relax and interact. (8) G: \ Planning \ GenPlan \ Task Force \ Table Group Comments by Discussion Points.doc Table 1 ® Time should be extended. to 9:15. Number of meetings should not' be extended, or if so for a short period: Focus, on small number of topics. ® Explore other cities Best Practices. • Is the Seay legal in'Cupertino? ® Having a tram or minibus was mentioned. ® Bus service is inadequate; people,:stent going to wait long for a bus. ® Is there a budget proposal to support pedestrians: and: bicycles like there is for cars? School impact ® how can.we rectify, t? Is the city working with the schools? ® How do other cities deal with pedestrianand, bike movements? ® Traffic congestion will -not be helped by improving the jobs/housing balance; it will get gorse. ® Level of Service, page 4-22, shows.a deterioration, so this is not a good suggestion. ® Four-way stops: people dori.'t stop. Maybe cars could be let out by sensors. ® Better parking enforcement is needed for° festivals at parks; r�eighborhood.s are adversely affected. Stevens .Creek Boulevard should not be narrowed. Table 2 Table was split on extending the time. Meetings should not be extended 3 months' four people thought 4� extra meetings were OK; t�nro thought 2 rr�eetings were OI<. ® Each meeting should be specific with conclusions that night, and then move on. It's been too vague. ® Share the Road: agreed need to work with nigh ring jurisdictions on regional transportation planning. ® Dorit agree with going below Level of Service D; LOS should be maintained at D or better. ® Agree with promoting Safe Routes to Schools. ® Tori t agree with narrowing through traffic lanes; traffic lanes are needed. Delete policy 4-7. ® Policy 4®5, strategy 2 is a problem; dont want the General Plan to circumvent: the rules. 2 Table 3 • Extending the meetings to 9:15 is OK; extending 3 months is too long. • Need at least one night of focus groups. • Need more time for interaction among groups. • Share the Road: need to finish the missing links in the sidewalks. • ADA is important. • How about two-way bike lanes on one side, parking on the other? • Can an administrator from De Anza College come talk to us about improving communication? • Work closely with the Valley Transportation Authority. Does city staff attend VTA meeting and with what results? Can the community be informed? • Countdown walk signs are a good idea. • Revisit traffic calming/bumps - are they effective? • Schools need more drop off points. Table 4 • Extend meetings to 9:15. Stick to schedule; need time to go in depth. • When can we bring up other issues not on the discussion points? • Are bike lanes on all major routes? • Wheelchair or stroller accessibility is a concern. • School traffic is a concern. • Promote Safe Routes to School. • Need more cameras. Table 5 • Extend meetings to 9:15. If number of meetings is extended, would need to change process. Establish focus groups on topics, and people can join based on their interest. Suggest August 27 meeting and 3 more on topics. • Each person should read the General Plan before the meeting and come with questions. • Generally support Circulation section. • Need shuttle to serve schools and De Anza College, similar to Palo Alto. • Rotate Table Leader. Table 6 • Table group makeup changes week to week. • Extend time and number of meetings. Want more focus and depth and time to debate. • Circulation: work with regional agencies. • Debated the jobs/housing issue. • Pedestrians/ bikes: want to improve the experience, disagreement as to how. • Lane reduction: 2/3 or group said no, 1/3 said yes W ® Split on LOS D or better. The argument for allowing LOS to deteriorate is that it forces people onto the freeway. ® Promote walkability"with longer pedestrian times. ® Need more neighborhood traffic calming ® use the right tool in the right place. Need to address the problem of red light runners. Table 7 More abatement is needed for school traffic'. More busing; rent a VTA bus. Encourage children to bicycle; hake it safer. Have assigned high school parking. ® Jay walking problem. —look at design, such as barricades. ® De Anza Colleges neer buildings need mitigation. Was there an EIR? ® Create VTA turnouts. ® Reevaluate pedestrian crossing signals: ® There is an economic downturn now; traffic could be worse in the future. ® Shrink the Heart of the City from Stelling to Miller. ® Traffic calming ® concern that streetsparallel to major thoroughfares, such as Rodriguez, get overflow traffic and may need traffic calming. Table ® Extend meetings to 9015. ® Suggest using „art gallery" approach use , clots to vote on issues. Possibly have a shuttle bus that goes around the city. ® Not sure about narrower roads; parked cars are a safety issue with bicycles. ® Need to manage loading of cars in Cupertino. G:planning/ genplan/713®03. table leader reports 2 • ADA is important. (3) • How about two-way bike lanes on one side, parking on the other? (3) • Countdown walk signs are a good idea. (3) • Wheelchair or stroller accessibility is a concern. (4) • Promote Safe Routes to School. (4) • Pedestrians/ bikes: want to improve the experience, disagreement as to how. (6) • Promote walkability with longer pedestrian times. (6) • Jay walking problem - look at design, such as barricades. (7) • Re-evaluate pedestrian crossing signals. (7) 3. Traffic Level of Service: • Having a tram or minibus was mentioned. (1) • Possibly have a shuttle bus that goes around the city. (8) • Traffic congestion will not be helped by improving the jobs/ housing balance; it will get worse. (1) • Level of Service, page 4-22, shows a deterioration, so this is not a good suggestion. (1) • Dori t agree with going below Level of Service D; LOS should be maintained at D or better. (2) • Policy 4-5, strategy 2 is a problem; don't want the General Plan to circumvent the rules. (2) • Need shuttle to serve schools and De Anza College, similar to Palo Alto. (5) • Split on LOS D or better. The argument for allowing LOS to deteriorate is that it forces people onto the freeway. (6) N ® De Anza Colleges new buildings need. mitigation. Was there an EIR? (7) ® There is an economic downturn now; traffic could be worse in the future. (7) ® Need to manage loading of cars in Cupertino. (8) 4. Traffic Cal ink ® School impact how can vire rectify it? Is the city working with the schools? (1) ® Schools need more drop off points. (3) ® More abatement in needed for school traffic. More busing; rent a VTA. bus. Encourage children to bicycle; make 1t safer. Dave assigned high school parking° (7) ® Four-way stops: people dor tstop. Maybe cars could be let out by sensors. {1) ® Revisit traffic calming/bumps ® are they effective? (3) • Need more cameras. (4) ® bleed more neighborhood traffic calming ® use the right tool in the right place. (6) ® Traffic calming concern that streets parallel to major, thoroughfares, such as Rodriguez, get overflow traffic and may need traffic calming. (7) 5 Other ® Better parking enforcement is needed for festivals at parks; neighborhoods are adversely affected. (1) ® Can a De Anza College administrator come talk to us about improving communicatlori? (3,) ® Generallysupport Circulation section. (5) .19 • Need to address the problem of red light runners. (6) Shrink the Heart of the City from Stelling to Miller. (7) G: \ Planning\ GenPlan \ Task Force \ Table Group Comments by Discussion Points 2.doc Table 1 ® Policy 2-68 Open Space and. Trail linkages: these should. also be friendly to bicyclists. Policy 2-78 School Playing Fields: table supports this and leases should be continued. beyond. 2016, ® Policy 2-76: Park and Open Space Acquisition Program: table supports target areas. ® Table supports 3 acres/ 1,000 population. Table 2 ® Trail linkages m much discussion, no consensus. ® Table supports reuse of Blackberry Farm. ® Policy 2-72 Park Minimum Acreages this is a high priority; also consider pocket parks. Concernswere raised about trails infringing private property ® privacy issues; Table'3 ® Policy 2=69 Park .Acreage: State. that the city's intent it not to use eminent domain. Figure 511. Distinguish between future and proposed trail linkages. ® Policy 2®64 Blackberry Farm.: table supports .tta"hsition to comm unity park. ® Policy 2-76 Park and Open Space Acquisition Program: is extremely important. C,onsider parks less than 3 acres in size: Some neighborhoods won't be able, to have larger parks. Want dialogue with neighborhoods. Policy 2=75 Acquisition of Surplus School Property: great idea. However, make sure proper facilities, e.., parking, are in place. Table 4 Policy 2JR School Playing Fields: Ho W* will the city' encourage the school to build 'uward? What are alternate parking solutions? Policy 2175 .Acquisition of Surplus' School Property. 'agreed with Table 3. Policy 2-74 Park Access and Visibility:', suggest making solar powered phones available for public safety. There was a -discussion of who maintains the various regional resources. • Policy 2-64 Blackberry Farm: make clear what "charges per person' entry fee includes with regard to each facility. Define each separately and what is available with each facility. • Page 2-60 Private open space: Are the riding stables still there? • Policy 2-87 Late Evening Activities: where it the Downtown Village? • Blackberry Farm: who can it be used year around? Table 5 • Table supports the Parks and Open Space section: complete the Stevens Creek trail, supports 3 acres/ 1,000 population, connect parks, keep golf course. • Is the 3 acres/1,000 population practical? • Handicap access should be addressed. • Concerned that decisions are driven by money, not by the need for open space. • Blackberry: would non-residents be able to use it? • Retain the rural feeling. May not be able to attain the development proposed and still retain the rural feeling. Table 6 • Policy 2-64 Blackberry Farm: Blackberry Farm should be a community park until the end of the bond period. Golf course should be maintained; it is a revenue generator. Residents should have a fee advantage. • Policy 2-68 Open Space and Trail Linkages: table supports. Concern over financial investment. Create a plan and implement when the time is right. • Policy 2-75 Acquisition of Surplus School Property: table supports but is skeptical. • Policy 2-76 and 77 Park and Open Space Acquisition Program: supports F-1 and K. M (Vallco) is questioned; depends on residential decision. • Policy 2-78 School Playing Fields: supportive especially if in the form o financial transfer. Explore use of the high schools and De Anza College. • Deep Cliff Golf Course: if it is proposed for development, would be a loss. Begin to think of contingencies now. Table 7 • Process: Add a topic discussion meting. Raise topics that didn't come up, e.g., undergrounding utilities. Come next week with a card with topics. Staff prepares list and group votes on topics. Table is concerned about the format of the presentation and the City Council interaction. • Historic buildings: McClellan Ranch - should work to preserve and potentially resuse historical buildings. • Need large park at east side of City, Stevens Creek Boulevard near Lawrence Expressway. oplaliilin) enplarVtask force/8-20-03 table leader reports Table Group co encs by Disc.ussion Points en Space® Parks and Trails 08/20103 (number in parentheses is table number) 2 3. BlackbeM Farm: e • Table supports reuse of Blackberry Farm. (2) • Policy 2-64 Blackberry Farm: Table supports transition to community park. (3) • Policy 2-64 Blackberry Farm: Make clear what "charges per person' entry fee includes with regard to each facility. Define each separately and what is available with each facility. (4) • Blackberry Farm: Who can it be used year around? (4) • Blackberry: Would non-residents be able to use it? (5) • Policy 2-64 Blackberry Farm: Blackberry Farm should be a community park until the end of the bond period. Golf course should be maintained; it is a revenue generator. Residents should have a fee advantage. (6) • Blue Pheasant restaurant should stay. (7) • 2-64 Blackberry Farm: Clarify that it refers to residents, not residences. (7) • Table supports Blackberry Farm reuse; supports trails, walkability and use for Cupertino residents. (8) 4. School Properties: • Policy 2-78 School Playing Fields: Table supports this and leases should be continued beyond 2016. (1) • Policy 2-75 Acquisition of Surplus School Property: Great idea. However, make sure proper facilities, e.g., parking, are in place. (3) • Policy 2-78 School Playing Fields: How will the city encourage the school to build upward? What are alternate parking solutions? (4) • Policy 2-75 Acquisition of Surplus School Property: agreed with Table 3. (4) M Policy 2®75 Acquisition of Surplus School Property: table supports but is skeptical. (6) ® Policy 2-78 School Playing Fields: supportive especially if in the form of financial transfer. Explore use of the high schools and Ike A.nza College. (6)' ® Policy 2®78 School Playing Fields: support schools building up not out; two floors is OK. (7) ® Supports preserving school playing fields, but building up is a concern. (8) 5® Parks in Neighborhoods F-1., IC; m ® Policy 2-76 and 77 Park and Open Space Acquisition Program: supports F®1 and K. M(Vallco) is questioned; depends on residential deciS ion.: ® Neighborhood parks in F®1, K, e group., doesn t support more dense housing, so needs are being met. (8) 6. PopulationMa&Ratio Table supports 3 acres/x.,000 population. (1) ® Policy 2®69 Park :Acreage: State that the city's intent is not to use eminent domain. (2) ® Table supports the Parks and Open, Space section: complete the Stevens Creek trail, supports 3 acres/1,000 population, connect parks, keep golf course. (5) ® Is the 3 acres/1,000 population practical? (5) Policy 2®69 Park Acreages supports,3 acres/1,000 population. Encourage onsite recreational development. (7) 7. Other ® Policy 2@74 Park Access and Visibility: suggest making solar powered phones available for public safety. (4) ® There was a discussion of ,rho maintains the various, regional resources. (4) 4 • Policy 2-60 Private Open Space: Are the riding stables still there? (4) • Policy 2-87 Late Evening Activities: Where is the Downtown Village? (4) • Handicap access should be addressed. (5) • Concerned that decisions are driven by money, not by the need for open space. (5) • Retain the rural feeling. May not be able to attain the development proposed and still retain the rural feeling. (5) • Deep Cliff Golf Course: If it is proposed for development, would be a loss. Begin to think of contingencies now. (6) • Historic buildings: McClellan Ranch - should work to preserve and potentially reuse historical buildings. (7) • Concern about parking for new City Center park. (7) • Set aside mountain lands for orienteering. (7) • Maintain library soccer field. (7) G:\ Planning \ GenPlan \ Task Force \ Table Group Comments by Discussion Points 3.doc CUPERTINO GENERAL PLAN TASK FORCE RECOMMENDATIONS Sustainability (Green Buildings, ®Pen Space, Parks and. Trails) August 27, 2®®3 VOTES AND COMMENTS (The number of the table group is in parentheses) ® Should the principles of sustainability be incorporated. into Cupertino's planning and' development system.? (Policy 5�1) Encourage the conservation and efficient use of electrical power and natural gas resources (Policy 5-2) Encourage the design and construction of energy and resource conserving/ efficient building (Green Building Design) (Policy 5-3) Preliminary Vote:9:y�s (although 1 abstained -on 5-2, see above) Comments: Subject to reasonable .costs. Want to conform to Federal requirements, but not better than that° ` Ido not reduce fees. Ido not require more shade trees or solar heating for pools. Say encourage, not require. Do not participate in audits and energy evaluation. _(2) Consider costs of.whole life cycle, look at incentives, consider` an Energy Commission. (3) Resurrect Energy'Commission. Likes in, centive programs. Additional issues should be addressed°. (5) Yes if consistent with budget constraints. Encourage, not mandatory. (6) Yes` if reasonable scope and costo (8) ® Should Cupertino dedicate or acquire trail linkages' to connect areas and provide for a more walkable community? (Policy 2-68) Preliminary Vote: 41yes, 7 no,1 abstain Comments: Amend Policy 2®68, point 30 where appropriate, as defined by utilizing a formal public process. (1) Implement County master plan and Stevens Creek Trail plan. Concerned about eminent domain. Reference to "where,appropriate" is too vague. (2) Do not use eminent domain. (3) Yes if consistent with budget constraints.` Concerns about privacy and safety. (6) Cost concerns for both acquisition and operations & maintenance.; (7) Yes if no impact to traffic, sensitive to local businesses and residents, and if linkage purchases are fiscally prudent. (8) • Should Blackberry Farm we reused as a community park? (Policy 2-64, Policy 2-76) Preliminary Vote: 34 yes, 15 no Comments: The Master Plan would need to include user -pay areas where appropriate, to support the running costs of the park. (1) Charge more for golf for non-residents. (2) Should be multi-purpose. (3) Very concerned about bond issue. Do not want to reduce revenue generation. (5) Consider reuse by segments - golf course, Blue Pheasant, park areas. Change fee schedule to favor residents. (7) Year-round park, favor residents. (8) Two table groups were confused about the question, which could account for the large no vote. • Should Cupertino acquire school properties and preserve school playing fields? (Policy 2-75, Policy 2-78) Preliminary Vote: 44 yes, 5 no Comments: The properties should be held in "trust" and preserved for the utilization by schools or parks as needed, but not be sold off to building developers. (1) OK for schools to build up to two stories. Allow kids to drive to school. (2) Why should taxpayers pay twice? (3) • Should neighborhood parks in neighborhoods F-1, K and M be acquired or dedicated? (Table 2-C) Preliminary Vote: 46 yes, 3 no (includes 6 yes votes if M is excluded and 7 votes for only in K) Comments: Subject to the need of areas F1, K and M, based on requirements at the time, and with proper utilization of a public process. (1) Park needed at four corners - F-1, F-2, L-1, L-2. (2) Acquire in K, F1 and dedicate in M. (3) 2 Dori t need 3 acres; consider pocket parks. Does Rancho Rinconada already have a park; this night `.change the answer for'K. M not a high Other/s CUPERTINO GENERAL PLAN TASK FORCE RECOMMENDATIONS Share the Road (Circulation) August 27, 2003 Should Cupertino work closely with neighboring jurisdictions and agencies responsible for roadway, transit facilities and transit services in Cupertino? (Policy 4-1) Preliminary Vote: 49 yes (3 votes include vote for no density in the transit corridor) Comments: 3-3 vote on no density in rapid transit corridors. (2) Para -transit only in Santa Clara County. (4) Not supportive of jobs/ housing balance. (6) Yes if prove positive impact. (8) • Should increased emphasis be placed on pedestrians and bicyclists in the draft General Plan, and if so, how? o Possibly add pedestrian time to traffic signal phase (Policy 4-3) Preliminary Vote: 42 yes, 6 no,1 shrug Comments: A budget is to be set aside to be spent for pedestrian and bicyclist facilitation, just like it is done for traffic. (1) Don't reduce street width (4-2 vote). (2) How about skywalks? (3) More countdown crossing signals, better curb cut placements, better sidewalk continuity. (4) Split issue, all bike riders registered and bike laws enforced, widen all bike lanes, massive education campaign. Increase sidewalks, trees and walkability. Flowers. (5) Pedestrian time is not the issue. Should add red light camera to discourage red light runners and bring in a source of income. (6) Beware of negative impacts. No major road improvements; use ped -friendly lights, count down numbers, more medians with vegetation. (8) S o Promote Safe Routes to School program (Policy 4-3) Preliminary Vote: 43 yes, (one table did not vote) Comments: General Plan needs to have more specific implementation. Set aside specific streets.' City should setup :a grid of ped./bike friendly .streets, same as the safe route streets. Parents could sign up for 1 day a year for to -school monitoring at these corners. (8) ® Should local street designs be suited to the requirements of the - area served? (Policy 4-7) Preliminary Vote: 34 yes, 16 n® Comments: This does not give any recommendation for narrowing of any streets.A case-by-case study and decision based on the volume and ease of ;flow of traffic at each street would determine the decision. (1) Far too vague, as long as it promotes ped and bike safety and encourages walking. (5) Yes as long as neighbors have a say. (6) ® Should Level of Service D be maintained except E+ allowed at Stevens Creek Blvd. intersections at Ike Anza and. Stelling and De Anza and Bollinger to accommodate Heart of the City (Policy 4®5) Preliminary Vote: 20 yes, 29 no,1 abstain Comments: Speed cameras, speed bumps, senor operated stop sign traffic lights should be installed., which would allow only one car at a time to go through a 4 -way stop, to be implemented as needed and what works best for each street. (1) One yes yes vote for E+ at Stevens Creek. and Ike Anza only. (2) At what cost? Not widening the' streets. (3) Four would say yes with deletion of E+. (5) Yes, but with no compromise of ped/bike safety. (6) Improve to C and shrink the Heart of Ihe City to Stelling to Miller only. (7) No clogged heart arteries at heart of city. (8) ® Should traffic calming measures be employed to discourage traffic from using neighborhood, streets? (Policy 4-12) Preliminary Vote: 38 yes, 11 no,1 people who voted yesdon't' support speed bumps) Comments: ` 5, City should look into reinstating user -pay bus service for elementary school at least. (1) Neighborhood agreement needed, except child safety is paramount. (6) Leave as is and encourage alternate forms of transport. Scarce funds can be better used to enhance pedestrian and bicycle safety. Create visual barriers to residential secondary street entrances. (7) Rethink speed bumps, round abouts. (8) • Should school traffic impacts on neighborhoods be minimized? (Policy 4-14) Preliminary Vote: 44 yes, 5 no,1 abstain Comment: How can city and school district cooperate on incentives for carpooling, walking and biking? (4) • Other/ s Bring back quarries for discussion. (2) (8) G:planning/ genplan/ task force/ answers to fundamental questions 8-27-03 2 ■ GENERAL PLAN TASK FORCEU, ESTIONS Revised 8/20/03 Introduction The following questions were asked by=task force members during the summer ®f03o The questions folloedpeci£icpresentations fr®ate. . municipal service providers such as,the school, districtsf fire department and police® end fro, technical panel members including representatives of various city departments® non-profit housing providers and a retail consultant. Subject Categories The questions are arranged into major subject categories as,follows: Development Housing Traffic Fiscal Schools Public Services Miscellaneous Operational questions unrelated to general plan policy Questions unanswered from the most recent meeting(s) are placed at,the be�inni � so task fofce n�en�bers can easily obtain the most recent answers. Followin their initial publication they are then sorted into the above categories n the gnain text of the document. Many of he questions asked by Task Force members focus on detailed operational issues and are not related to general plan policy. Due to the volume of questions (starting witty the ggestions from Aust 13, 2003) -staff' will provide written responses only`t0 the policy "questions. The remaining operational questions are listed at the .end of this document. Task Force members interested in these operation Al questions can ask these questions off-line" of the appropriate sta: y calling of e -mailing them luting the week. Please direct your questions t® the following staff members: Steve Piaseeki, Director of Com.mu nity Devel��a�ae�at (403) 777-3219 gtevep@c'upertino.org Cgddy Wordell, City Planner, (403) 777-323' thl��r@c��e�t��a®e�� Glenn Goepfeit, Assistant Director of 777-3244; glenng@cupettino.org Therese Smith, Director of Parks -and Recre4twn;. 3) 7773268 Johan`Hirokawa, Captai n, Santa Clara Coo Shef f's.Offace, john.hirokawa@shooc6.santa- . claraeca.U�s, ,(408,) 868-661 Ken Waldvogel, AssistantChief, Santa Clara �®n�rnty Fre Department, (403):378�010 Questions from the meeting of August 13, 2003 and previously unanswered questions from the meeting of August 6, 2003. ■ What are the tax implications vis-a-vis (between) the city and the developer? If Cupertino stops developing new housing units and remains a suburb, what are the tax implications? Sales tax generating uses (retail, restaurants and business to business sales offices) and hotels (transient occupancy tax) bring in the most revenue per square foot to the city and more than cover the cost of serving these uses. Also, these taxes are on-going which assures the city of a continuing revenue stream. Residential uses generate a small on- going property tax, some incidental sales taxes from purchases in Cupertino and one- time park dedication fees. These revenues probably do not cover the long-term costs of serving residential development but the discrepancy is probably minor for developments located in the core area of the city. Over time, the city would be in a slightly better fiscal position if it stopped developing any new residential. It is precisely this reality that prompted the State Legislature to insist that communities must do their "fair share" of housing. The projected increase in housing is approximately 10 % growth over the existing supply for the next 20 years. Is the city fiscally sound and is there a fiscal document for the city? What is the fiscal situation for Cupertino? Do we have a balanced budget or do we currently run a deficit? Yes, the City is fiscally sound although we are challenged during these difficult economic times to balance the budget. The city is keeping some vacant positions unfilled and has cut back or delayed certain Capital Improvement Projects. Additionally, the city is scrutinizing any new programs to avoid adding costs. The fiscal documents for the city include the Annual Budget and the Comprehensive Annual Financial Report (last published for the fiscal year ending on June 30, 2002). We are required to balance our budget and do not run a deficit. However, the city has an economic uncertainty reserve that we find necessary to tap into during prolonged recessions. ■ What is the time frame (number of years) for implementing the General Plan? Is 10 years a feasible time for implementing the General Plan? What is the rough estimate (in percentage) of how well the 1993 General Plan was implemented? The time frame for the General Plan is 20 years although it is recognized that it will undergo more frequent review and possible modifications as specific issues arise. The General Plan sets the direction and blueprint for change. The key indicators in the 1993 plan were about 85% implemented. The development community built most of the housing and several hotels. However, the commercial allocation was reduced, due to the 2 impact of regional centers such as Valley Fair and Santana Row and the removal of some marginal retail centers such as the former P. J Mulligan's center, which was replaced by Tra Vigne. The, major office construction occurred with the Apple Headquarters building in the early, 1990s,!. Otherwise, little new office has been constructed The city maintained. the level of service standards on .most streets due to the positive influence of Highway 85 but added little traffic carrying capacity on its own. The city added some affordable housing on StevensCreek Boulevard and Vista Drive and saw the construction of a new fire. station and renovation of another station both located on Stevens Creek Boulevard The city added park acerage with., the acquisition of Blackberry Farm'and the Stocklemier property and constructed Creekside Park. Several trail connections along Regnart CreekandSaratoga Creek were completed. Why is the tern. "affordable housing" ever used: here? This phrase should be. expunged from all' printed city items - please just use BMR which is all one could hope for. The term affordable housing is used because in addition to BMR units, required of all new residential development, the city has actively encouraged or helped tofund several non-profit affordable housing developments, the most recent being the 24 unit Cupertino Community Services development on Vista Drive behind the fere station. However, BMR units are and will continue to be the main source of new affordable housing in the city. ® Is Monta Vista mixed-use working with regard to retail? Are residents in mixed-use happ ? This ue�tion was regi®us y answered but staff was,able to obtain more information from Los Gatos and ;Campbell about their residential d.eyeloprnents located over restaurants Staff asked Geoff Bradley, Senaor'Planner with the City of Campbell, and Bud Lortz, Director of Community Development with the Town of Los Gatos, if they have received complaints from residents. living over or, near restaurants. Bud Lortz indicated that he is not aware of any,specifc complaints from residents over the Le Boulanger Restaurant, Posh Bagel, Siena Cafe or the apartments located over the Southern Kitchen on Main Street in Los Gatos. He was surprised that residents haven't complained' -about the strong coffee smell coming from the Los Gatos ' Coffee Roasting Company when they roast the coffee beans adjacent to the condominiums next to the downtown park. Geoff Bradley with the City of Campbell -indicated they had some complaints from residents of a 20 unit apartment project located over the Stacks Restaurant. However, the complaints were limited to patrons smoking}outside the restaurant, streetlight glare and early morning trash pick-up times. Trash pickup -Was subsequently changed to a later hour. There were no specific complaints about odors or noise from the restaurant, 3 ■ What are the tax/ financial implications to the city as a redevelopment agenda for Vallco? Does the redevelopment phase of Vallco end in 2006? The redevelopment phase for Vallco is not tied to the development agreement that expires in 2006. The redevelopment phase will start whenever the property owner/developer decides to expand or add new buildings and uses at Vallco Fashion Park and if he/she asks for financial assistance from the Agency. Such assistance could help fund street improvements, parking garages, or tenant improvements, etc. The Redevelopment Agency's ability to assist with improvements is dependent upon the revenue stream that comes from an increased property tax base (referred to as the tax increment) that is generated by new building activity at the center. The tax increment revenue stream can be used to pay off bonds issued by the Agency to fund the improvements. In the General Plan of 1990 it recommended a citizens budget advisory committee. Was that ever developed? The city does not have a citizens budget advisory committee but the City Council annually holds several public hearings on the budget and routinely hears comments from citizens who follow the budget review process. ■ There is a comment that we have no staff dedicated for Economic Development. In that regard, what is the title of Steve Piasecki? Is there someone who works for the City looking to attract businesses, any procedures or possibility of reduced taxes/ subsidy? Cupertino has an Economic Development team consisting of the Department Heads and the City Manager but does not have full-time dedicated staff or associated budget for an economic development department. Sunnyvale, for example, has four positions in their economic development division. While the city does not have a staff devoted specifically to economic development both Steve Piasecki and the Director of Administrative Services, Carol Atwood play active roles in facilitating our processes to enable new businesses and commercial development to come into the city as efficiently as possible. Steve Piasecki 's official title is "Director of Community Development. " He oversees the Planning, Building and Housing functions of the city and has a staff of 20 persons. See attached organization chart. Economic development functions (which tend to focus on business retention and attraction) are typically financed through Redevelopment Agencies to avoid impacting the general fund. Cupertino 's recently created Redevelopment Project Area (RDA) is limited to Vallco Fashion Park and hasn't created sufficient tax increment to fund any staff or redevelopment efforts. It is possible to offer some limited tax reductions for sales tax offices and the city has offered to do this in a few cases. Also, the city can assist the developer within the RDA with some street improvements or other infrastructure such as a parking garage using tax increment funding when and if substantial redevelopment of the center increases the property tax increment. S Individual Council members have also been active in encouraging high quality business to locate their companies and sales offices in Cupertino. Most recently, Trice -.Mayor James assisted with attracting Borland into the upper floors in, one of the_ City Center towers. We understand this will be their headquarters and they will locate a sales' office here. Additionally, staff recently met with. the Chairman and President of Oakville Grocery who signed a lease to occupy the space vacated by McWorters and Young in the Crossroads shopping center. Staff stressed our willingness to help them in any way to understand and expedite the process for obtaining building permits for tenant improvements and encouraged them to incorporate outside seating. the City has an Economic .Development Coa�anottee that is comprised of representatives from the Chamber of Commerce, staff and two city council members. the Economic Development Committee discusses how topromote Cupertino as apositive place to do business and meets with local businesses to determine if there is anything the city can do to help make them successful. The Economic Development Committee meets on the third Wednesday of every month. Are there plaits to expand or build neve schools at all levels to take care of new development? V\That is an acceptable number of housing units for the Nigh School District? The Elementary District indicates they have the capacity to expand or contract the _ number of outside students allowed into the district and/or increase the number of portable facilities to handle any anticipated" new students. The High School District does not have the capacity to expand and .may need new development to pay an impact fee to accommodate the projected number of new students. Staff is still working with.the High School District to prepare. a, response to this question about the appropriate number of new students, and will provide..it as soon as we have it. Again, it is possible to evaluate charging new residential development for their impact,on the Fremont Union High School District. VVhich cities got reprimanded. by ABAG? And what actually happened to them? Staff is researching this question with the State- Department.of .Mousing and Community Development (HCD) and our Housing Element consultant and will provide the information once it is available. What backup is available for huge emergencies, a la Santana Row? Sunnyvale Public Safety? SJFD? Does Santa Clara County Fire back up other departments? Staff is.seeking the Fire Departments in put on his question. ■ Can the Assistant Fire Chief comment on the importance of low income housing being mandated by the city for firefighters that serve our community? Staff is seeking the Fire Departments in put on this question. ■ How much did the last fireworks event for July 4, 2002 in Cupertino cost the city in regard to just the fire department? Staff is seeking the Fire Departments in put on this question. ■ Why is the study session [for new development] going on if we have a General Plan Task force developing plans and meeting weekly? On August 4, 2003, the City Council held a study session to allow the property owner of the Cupertino Financial Center introduce plans for a proposed residential and retail development. The site is located on the North East corner of Stevens Creek Boulevard and Wolfe Road. The new units are proposed to be located over the existing parking lot on the East end of the site. The City Council prefers that developers introduce their projects so that Council Members are able to answer resident's questions about prospective developments. Additionally, the study session format enables the Council to provide input to the developer about major city concerns or potential issues. Since there is no associated staff report or environmental analysis this is not seen as the definitive public hearing process but only as a first step introduction and an opportunity to dialog about major issues. When the Council set up the task force they specifically asked that the Crossroads Streetscape plan be delayed to enable the task force to consider the appropriate role for the Crossroads commercial district. The Council did not ask to delay any of the private development applications that may be submitted during the general plan update process. If the Council chose to delay all development, they would need to establish a moratorium on all forms of development that create general plan impacts (such as school or traffic impacts) which could include all commercial, office and residential potentially including new single-family homes and large additions. Moratoriums have far reaching economic impacts on property owners and developers and can seriously impact the local economy. This question about why the Council was still having study sessions was asked and addressed during "oral communications" at the August 4, 2003 Council meeting. ■ How many people are currently employed in Cupertino? According to the Association of Bay Area Governments Projections document there are approximately 45,000 jobs in Cupertino. Staff estimates this number is closer to 40,000 jobs based on typical occupancy levels for the amount of commercial, office and industrial 2 square footage :within the city. Of course, the number of jobs is less during economic downturns like we are currently experiencing. Joint Venture Silicon Valley estimates an ofce vacancy rate of approximately 20% for Santa Clara County. If Cupertino vacancy rates are similar to County-wide rates 'then'the current number of jobs would be reduced by approximately 5,000 employees. Public Works questions 1. Why is. the, city not promoting and encouraging children walking to school? The idea of an elementary school within walking distance for each child was historically very prominent here— now we have endless lines of idling cars inching along — get the` kids on foot! The City absolutely supports''the idea of children walking to school as a means to reduce vehicular traffic and was, extensively involved in working through. the Monta Nista High School neighborhood parking problem.. However, the city has no direct contact with parents and has no convenient mechanism'.t® encourage all parents to help their children walk `to, school. The parking and tr sport of children to school is an issue that needs full support from the school districts and individual schools. The City is willing to assist their efforts but will have little direct influence without the schools 'active involvement. The.. task force can recommend a policy structure that encourages greater review of this problem and encourages walking as one solution. 2. Street level of service. Has study been made on what it would take to raise level of intersection? Ex: Take a D and make it a C. The level of service can be raised in some limited circumstances by conventional street improvements such as adding lanes, interconnecting signals or installing free right turn lanes. Most of Cupertino's high volume streets have been widened to their maximum capacity and there are no remaining conventional improvements that will help improve LOS. Also, street widening typically requires added right of way and may impact adjacent businesses. 3. Why would we consider reducing thr®ugh lanes? Our traffic lanes seem adequate., The Draft General Plan proposes to study iteaffic, calming strategies for Cupertino streets to reduce the impacts of motor vehicles on adycent neighborhoods throughout the community. These concepts would extend to trek around schools, truck traffic on Foothill Boulevard and Stevens Canyon Roadand speeding cars within neighborhoods. The conce t o calming he effect o tra ac on ,Stevens Creek Boulevard was originally p .f g .f� f ff' g y explored in 1991bythe Grand Boulevard C'onimittee which concluded that Stevens Creek boulevard should ` be recaptured toprimazly serve local traffic and secondarily serve regional tra ac "(Grand Boulevard Re oft 1Vovenzber 6, 1991, page 4 The rand g ff ( p > g boulevard concept proposed to isolate the center through lanes from a local_ serving frontage street using tree lined seconda yn fr g ' g ry- edians and was very ambitious and costly. A 7 copy of this report will be made available to all Task Force members. Staff brought up the idea of stud in the concept of reducing the number of lanes on Stevens Creek Boulevard in conjunction with the Crossroads Streetscape Plan. The Crossroads Streetscape plan proposes widened sidewalks behind the existing curb, outdoor plazas, street tree plantings and outdoor seating for restaurants along the street. The concept was always to study the feasibility of lane reductions and not to implement the concept without understanding the potential impacts on level of service. Bob Harrrison, the City's General Plan traffic consultant, stated that he believed a lane reduction may be possible through the Crossroads area with minimal or no impact on the vehicular level of service but that a more detailed study would be necessary to determine the potential impacts. He reasoned that the major impact to level of service occurs at the intersections with major streets and not in the mid -block areas, consequently, the city may need to maintain the existing right -turn lanes at the intersections of Stevens Creek Boulevard with De Anza Boulevard and with Stelling Road to avoid significantly impacting LOS. The reason to consider lane reductions relates to the function and character of the street and the image of the city. From a functional standpoint, on -street parking protects pedestrians by separating the travel lanes from the sidewalks and the on -street parking provides needed spaces to serve adjacent businesses. The owner of the Verona development has asked that the city consider on -street parking to serve the retail tenants that will occupy the 7, 000 square feet of commercial space next to the plaza soon to be built at the corner of Stevens Creek and De Anza Boulevards. From a character and city image standpoint, four lane roads are more suburban and "small-town " than six or eight -lane boulevards and they are easier for pedestrians (especially school children, the elderly or handicapped individuals) and bicyclists to cross. Almost all of the our lower density small town neighbors limit the number of lanes on their thorough fares including Los Altos, Saratoga and Los Gatos and wouldn't consider widening their boulevards to six or eight lanes just to slightly improve LOS. Finally, fewer lanes with on -street parking will slightly slow the travel speeds to the posted speed limits and provide a safer environment for all who use this street. In staff's view the question shouldn't be whether we should consider studying recapturing a portion of the street for local purposes but how can we ensure there is minimal or no impacts on the LOS of the street. This concept has tremendous potential to change the image of Cupertino and should be studied to determine if Cupertino can take on the look and appeal of our small-town neighbors. The bottom line is the Task Force can recommend whether to study traffic -calming strategies and specify the concerns about maintaining LOS. Staff feels this should be evaluated because it could enhance the small-town character that attracts many people to Cupertino. 4. As there is minimal public transit use in Cupertino (7%), why doesn't the city start a free (or inexpensive) shuttle service to serve some major destinations, such as De Anza College, Vallco, etc. and along De Anza and Stevens Creek Blvd? Palo Alto found such a shuttle service very useful. Such a shuttle service, if properly implemented will reduce SOV considerably. The shuttle service should use compressed native gas vehicles, fuel cell powered or electric vehicle. Shuttle services are a great idea and can be effective in the right location. For instance, the small electric shuttles in Santa Barbara shuttle guests from the waterfront hotels into the very active Santa Barbara downtown. Shuttle services are expensive to run and require high levels of ridership to justify the cost. Cupertino has no comparable attraction that would seem to justify the cost and staff is not aware of any shuttles that pay their own way in a convention..al suburban setting such as Cupertino. However, it isn't necessary that the Task Force limit -their recommendations to only proven transit options. The Task Force can recommend that General Plan policies encourage a review of alternative modes of public transit including enhanced bus and/or shuttle services once there is evidence. that the ridership could justify the cost: 5. Will Ike Anza be a through road with lights ti -mod to get people,efficiently to 280, or will it be calmed with stops at each light? De Anza Boulevard is designed as a high-volume, relatively high-speed thoroughfare intended to carry traffic efficiently through Cupertino to Tlighway 250. It was designed as eight -lanes prior to the installation of Highway 85, which is designed to fulfill the same function. There are no plans otr suggestions to "calm ",traffic speeds or lower volumes on Ike Anza Boulevard: 6. To improve walk -ability, how difficult is it to-installstrategic stop -lights at intersections to, encourage pedestrian access °-to shopping centers? Also, can lights be tinned to allow comfortable and safe crossings by pedestrians at these points? Traffic signals with pedestrian crossing lights already exist at intersections next to most of the shopping centers within the city: The lights can be tinned fa.enhance pedestrian crossing but any increase Iin pedestrian crossing time must be taken away from the allowable green -time for vehicular movement on the major arterial street and will probably lower the vehicular level of service. 7 With the restructuring of the elementary school districts forcing the FarialJollyman school area.. School children to. cross 6laxies of De Anza. Blvd. and'6 lanes of Stevens Creek blvd starting in the year,2005. w11at can be done by the city to protect our` elementary school children? Ilow can we protect lids crossing Foothill at Homestead? CTSD has redistricted residents who'. live on South: Stelling load to move from Kennedy Middle School to Collins Middle School by 2005. Inds need to cross Stevens CreekBlvd.- and De tea: Is there any plan (or prof ect) for safe routes? The question raised here is partially addressed in question number 3 above, about studying lane reductions and :in question number I about supporting children walking to school. Also, Glenn Goepfert addressed the safe -routes to school program in'his presentation. The bottom line is that there is a trade -o between desi in streets or g f cars versus pedestrians. How '`much of a, reduction in traffic level of service (LOS) reduction are you willing to take to provide shorter," safer street crossings and are 9 you willing to install traffic calming devices to slow speeds and make pedestrian routes safer? Basically there is a tradeoff between traffic LOS and pedestrian LOS. The specific question about Foothill at Homestead should be reviewed with Glenn Goepfert and the city's traffic technician. 8. In Table 4-2 Level of Service — The developments proposed seem to deteriorate on 19 streets out of the 21 streets in the table. How can we call this progress? It seems the development has a negative impact on traffic. Development does impact traffic LOS, which is why developments are required to submit traffic studies and required to mitigate impacts. Also, each traffic study plugs in development occurring around our borders and assumes a percentage of growth in traffic volumes that is not specifically identified with any particular development. The result is that even if we have no additional growth in Cupertino the traffic projections would show a deterioration in the level of service associated with development happening around our borders and associated with the general increase in traffic occurring throughout the County. 9. The wide design of our neighborhood streets encourages speeding — even with speed bumps. Cars slow down for the bump and then race to the next one. Are new streets being designed more narrowly to reduce this problem? Can we narrow some existing streets to reduce this problem? Are their other ways to fix this? In some cases traffic engineering associates traffic speeds with the amount of "side - friction" (e.g. parked cars, landscaped bump -outs and narrow streets) and street level friction (e.g. speed humps). You are also correct that the speed humps have limited effectiveness as motorists want to make up for lost time between humps. The General Plan can advocate that the city explore a variety of mechanisms to reduce traffic speeds and volumes typically referred to as traffic calming. Certainly, lane widths are a factor and should be explored. However, the city.is fully improved and there are very few new streets that will be installed in the future. In some cases, it may be possible to narrow existing streets if residents are willing to bear the cost of relocating curbs and gutters. The travel lanes on Prospect Road in Cupertino were narrowed to slow and separate the lanes from the front of the adjacent houses. You will notice the extraordinarily wide landscaped parkways on the North side of Prospect West of De Anza Boulevard. Stop signs are installed on some streets and have the effect of discouraging through traffic and slowing speeds but with the same limitations as speed humps. 10. Can Saratoga be pressured to provide access to 85 and help with traffic on De Anza Blvd.? Saratoga specifically limited the number of access points to Highway 85 due to concerns about attracting traffic through their city. I seriously doubt that Saratoga could be pressured at this point to open up a new interchange and there is very little highway improvement money available for such an expensive improvement. 10 11. Please explain and clarify the requirements to install curbs/sidewalks in Nlonta Nista re: -new housing. This question was addressed. at the August 13, Task Force meeting but deserves repeating. The City's Ordinance (Cupertino Municipal Code , Chapter 14.04) requires full street improvements of all new housing development -or remodels that exceed°25% of the value of existing improvenents. The street improvements include curb, gutter, sidewalks and street lights, except the.city'has a narrower semi -rural street standard that applies to hillside lots. 12. Why are you requiring sidewalks `neighborhoods that don't have thein? For example. when someb- 6 y "Ids.al new or remodels' a Norrie on a street, which was a curb and gutter street: Ex -San Fernando; Camino Vista etc. The ordinance requires street improvements -as discussed in the answer to question number 11, above. The draft plan includes -a policy that will enable neighborhoods to petition for alternative standards that can be granted when certain findings relating to safety and consistency are met. This issue rtay be addressed sooner as the Council has requested a policy that will enable the petition process that' wil likely be adop, ted prior to completion of the General Plan. In some cases, it doesn't make sense to install street improvements in the middle of an existing unimproved street. 4 In those cases, the city can take a deferred street improvement agreement that requires the property owner to install the improvements when other property owners on the same street are required to do the same. However, there is a time lii it on those a eements and the City in some cases must call those commitments prior _tol commitments front other property owners. Mentions previously answered and sorted into.fhe'g' ' is categories. DEVELOPMENT How feasible is it to implement the 1�hwahnee Principles? How much change is required and. hover long `would- it take? The Ahwahnee Principles encompass "big -ideas;" of walk ability, sustainability, open space and building a balanced community with a -"center focus " that could drive, all aspects of the General flan and shapeor the next twenty the conimuni ° ty years.lVlan y of the major goals and pol icier in the current 1993 General,Plan and the "Big Ideas " in the Administrative Draft encompass these principles and: the Task Force .has been discussing these concepts in your table groups: The rsitask is to determine if you agree with these principles, then you could test all policy recommendations against them. That is, does the plan implement these principles satisfactorily?; It is very feasible to implement these principles and the City has been implementing many of them for years. For instance, about 1'S-20 years�.ago the city decided to incorporate enhanced tree -lined pedestrian sidewalks and parkways along Stevens Creek Boulevard. j 11 Also, thirty years ago Vallco Fashion Park was designed with Ash trees to line Wolfe Road and at about the same time, the city adopted the North De Anza Boulevard plan that called for extensive tree planting in that area. Today, you can seethe effect of these deliberate policies with the extensive tree lined streets in these areas. Similarly, the city decided to implement a below market rate (BMR) housing program about 15 years which has generated about 200 affordable housing units. The current BMR program is projected to generate another 300 affordable units over the course of the updated plan if the proposal in the administrative draft to allow another 2, 000 units is approved. More recently, the city has been encouraging developers of restaurants to build outside dining to externalize positive activities. Consequently, Bds, Quiznos, Helios, Starbucks, Alottas Deli, Flames Restaurant (under construction), Verona commercial (under construction), and Whole Foods Market all have outside dining facilities. As these examples illustrate it does take time for trees to grow, and outside dining or below market rate housing to be built. The Ahwahee Implementation Principles advocate that the general plan is the place to incorporate the land use related principles. You have the opportunity to recommend to the City Council to what extent the Ahwahnee Principles should be reflected in the updated plan. ■ Can we prohibit the granting of waivers by the City Council as they pertain to building heights? You can recommend that the General Plan be structured to require stringent findings for exceptions to the height requirements or strict development agreements, similar to the one we currently have with Vallco Fashion Park. Such agreements would make it difficult to amend unless both parties agree. Beyond these measures that may make it more difficult to change, General Plans can be amended by subsequent City Councils. Vallco Park: what real influence do we have on what goes on in development of Vallco or other such shopping center, regarding type of store. Do we have a say about Vallco? Cupertino development approvals do not control decisions that are made by the private marketplace, i.e., which tenants will be in which store space. The commercial controls relate to uses that have different parking requirements, e.g., if a restaurant wants to go into a shopping center, it must meet the. restaurant parking requirements, or late night activities (past 11:00 PM) or entertainment activities, such as dancing or live music, require issuance of a separate use permit. Vallco has development potential locked into its Development Agreement, so they are guaranteed about 500,000 square feet of additional commercial or office space. This development must go through the public hearing process to obtain design approval for any physical design changes to the center but the general commercial uses are locked in by the development agreement through 2006. ■ Does mixed-use work? (answered at meeting) 12 Mixed-use is actually an old form of development that is making a resurgence in communities throughout the country: Mixed-use is seen as a foam of "smart growth" because it more efficiently uses the land area and can provided housing -opportunities nearby existing shopping areas where residents can walk to services or access public transit (bus routes).` Mixed-use is also seen as a Imeans, to activate commercial strips and provide resident -"eyes and ears" on the street thereby -reporting and deterring crime. Developers make the economic decision whether to invest in mixed-use, and they wouldn't make significant investments in a form of development if it didn't work. Cupertino has several examples of horizontal and vertical mixed-use projects in the Morita Vista area that were built in the 1980s and along Stevens Creek. Boulevard in the Heart of the City. Also, mixed-use exists in many surrounding suburban communities such as Santa Clara, Sunnyvale, Mountain View, Palo'.Alto,, Campbell and Los Gatos. Does the population increasebenefit the residents of Cupertino? Most of Cupertino's population increases over the past 25 years occurred as a result of annexations of existing development. Cupertino annexed approximately 10,000 residents from the City of San Jose in the rid -1980s, and about,5,200 unincorporated residents of Rancho Rinconada in 1999 and Garden Gate in 2001.. The fiscal. analysis for the Rancho Rinconada annexation demonstrated the revenues Iwould be slightly less than the cost of providing services. It could be argued that the cost of annexing the unincorporated pockets costs the city more to repair or replace -ailing infrastructure such as streets, sidewalks, streetlights and storm sewers. Additionally, the city has spent a considerable effort with code enforcement in these neighborhoods to "clean-up"'some dilapidated properties. The city approached these annexations- from the standpoint of -what was in the interest of `good government." That is Cupertino is the most logical local service agency and can provide municipal services more efficiently. than the County of -some other city. Consequently, it makes the most sense for Cupertino to annex and provide these essential services even though it may cost more to serve these areas than the revenues they bring in. Additionally, these islands consist of residents who enjoy all of the Cupertino amenities such as great schools and parks, etc., and are neighbors of Cupertino who should participate in all local decision making and become -Bell ;participants in the community in which they live. 'The remaining unincoporated area to annex is Monta Vista, which is a mixture of city and county lots and arguably should be within the city limits. The population increase from new residential development located in the core area of Cupertino is probably a fiscal plus for the city. First, new development must pay for needed street improvements, park fees, school fees, utility taxes; and construction taxes. New development must mitigate any known impacts such; as sanitary. 'sewer and traffic impacts. For instance, most of the widening along De Anza ;Boulevard was paid for by new development along that street and not .by the existing residents of the community. 13 In addition to sewer and traffic mitigations, the city could evaluate the impacts to the high school district and require that new residential development pay a one-time or possibly an annual fee to compensate the district for quantifiable impacts associated with new development. The fact remains that the number of high school students that will occupy condominium or townhouse developments along Stevens Creek Boulevard are considerably less per unit than the number of high school students generated from conventional single-family housing units. Staff is doing additional research on revenue analysis. How do we limit heights of the buildings so the mountains and views aren't obstructed? The city has ambitious street tree planting plans along Stevens Creek Boulevard and De Anza Boulevard that also blocks views of the hillsides. In actuality, Cupertino has many breaks in the building forms that afford views of the hillsides and the potential for continuous building walls that may block views is limited. However, General Plan policies could be devised to address this concern, although the concern would need to be defined, i.e., which views should be protected, what are acceptable heights, would such restrictions inadvertently discourage a vibrant business environment? Is Monta Vista mixed-use working with regard to retail? Are residents in mixed-use happy? Mixed-use in Monta Vista is predominantly residential over office with a few retail commercial uses located under residences. The mixed-use is located on streets perpendicular to Stevens Creek Boulevard, so they are not good sites for retail uses. There probably are inconveniences or nuisances when residential is located above office or retail, although people have been living in mixed-use environments for a long time and have not been deterred by these impacts. Many of the mixed-use developments in Cupertino are "horizontal" vs. "vertical" mixed use, so the residential uses are next to and not above the offic%ommercial uses. Also, it may be beneficial to look at vertical mixed-use in Los Gatos where six condominiums are located over the Le Boulanger restaurant next to the downtown park and apartments are located over the Siena restaurant on Main Street. The condominiums are re -selling in the $600,000 plus category (considered "affordable" in Los Gatos and the apartments appear fully occupied. Additionally, there are 20 apartments located over the Stacks Restaurant in Downtown Campbell that appear to be fully occupied. The concept of whether residents of mixed-use are happy is obviously difficult to answer. However, it should be noted that our desired housing type changes as we go through life's stages. A college student seeking a temporary living situation may be pleased to secure a mixed-use, presumably more affordable apartment in the Monta Vista area of Cupertino. 14 When that same person is raising a family they. will likely prefer a larger townhouse or. single family home. The: Task Force should focus on whether Cupertino should strive to provide a mixture Tof housing tYPes to satisfy the needs of residents as they go through the different life stages. Why is there so much potential for hotel.. :rboms, (1000 rooms)? The Vallco Fashion Park 1990 Developm' Mt Agreement .. locked in 1000 hotel rooms in the , Vallco area (until 2006). Marriott Courtyard and HiltonGarden Inn drew that down to a remaining potential of 713 rooms. Hotels are generally seen as a positive revenue generator for local government from transient occupancy taxes paid -by non-residents) with minimal impacts(traffic is typically off-peaks,c., Wols'are,_ not imvacted). A single " � hotel can generate from $350,000 per year for a 1,00+ room moderate cost hotel to $1,000,000 per year fora high.7'e fid hotel with 206+iboms -during good economic times. The 1,000 room number probably started in the 1970":s� when Cupertino approved an 18- story Marriott` Hotel (never constructed) on the Hewlett ,Packardprop erty at the corner of Stevens Creek Boulevard and Finch Avenue. How much development has been built and, approved between 2000 and 2003? Development Reallocation Table Revised 8,6-03 to show 2003 built and approved *Includes 535,000 square feet committed to Vallco Fashion'Park through 2006 **Includes 713 rooms committed to Vallco Planning Area through 2006 Menlo Equities is building a project near Vallco?What is. their vision and, 1990 2000 2003. Exist ngy Proposed Proposed Built Built BuiltandGeneral Changes General d approved Plan from Plan Existing GP Commercial 3,359/000 31317,426 31906f727' 4431t000 -256,864 4.,1741136 Office/Indust. 7,457f000 8.3251312 8,471,032 0-42K000 -107,995 91320005 Hotel 277 441 11501** 1/578 0 1/578 'Residential 17;,460 20,032 1032 2018 1 32 22,369- 21"278, 24,647 *Includes 535,000 square feet committed to Vallco Fashion'Park through 2006 **Includes 713 rooms committed to Vallco Planning Area through 2006 Menlo Equities is building a project near Vallco?What is. their vision and, They would like to build approximately 120 ownership condominium units with about 7, 000 square feet of retail commercial on the ground floor facing Stevens Creek Boulevard. They envision a mixed-use project that will provide housing to help support a mixed-use Vallco Park area along with a similar development on the HP site. Anybody who is interested can view the plans at City Hall in the Community Development Department. Also, staff will be incorporating this project into the Development Activity Report in during the week of August 18, 2003. The Development Activity Report is accessible on the City's web site at www. cupertino. org. How difficult is it for developers to work with our city compared to others? The degree of diff culty for developers is a function of many variables such as the complexity of the project, existing rules that are in place, environmental impacts such as traffic, tree preservation and noise, and the degree of input and issues raised by affected residents prior to and during the public hearing process. Staff attempts to alert developers to issues before they file a formal application and advise them of all relevant policies and development standards. Additionally, developers are encouraged to meet with affected neighbors to hear their concerns prior to finalizing plans. For more complicated projects it is not uncommon for the developer to hold three or four community meetings with affected neighbors. In the case of the Town Center development the plan was previewed to the neighbors who effectively lobbied the council and the applicant to amend the plan so that it conformed to all aspects of the General Plan relative to building heights prior to a final decision by the City Council. The plan went through numerous changes that took three years prior to its approval. We have heard many compliments from developers who are successful and have been criticized from those that aren't. In the end, the degree of diff culty for Cupertino developments is probably similar to other communities in the Bay Area who have similar standards for development quality and equally complex projects. ■ What is the status of Vallco redevelopment? Vallco Fashion Park (not including Sears and Penny's that sit on their own parcels) was sold in June to a group of local investors who plan to renovate and bring Vallco back to life. They initially plan to open a large 1,300seat restaurant including banquet rooms and a dancefloor. loor. They intend to provide some external cosmetic enhancements including fixing the fountains and installing decorative banners along Wolfe Road. Over the long term, they hope to attract more successful retail and restaurant tenants and would like to build some housing. The city hopes to encourage more commercial, lodging and/or entertainment space and would like to see Vallco renovated into an inside and outside mall with a mixed-use village format that will be successful over the long term. So far, the new investors have not proposed any new building activity and haven't asked for the City Redevelopment Agency to assist with any public or parking improvements. 16 ® Regarding Tra Vigne, how many businesses were in the shopping center and how much revenue did they generate? How many businesses currently and how mach income will they generate assuming full occupancy at today's rental rate? How many designated parking spots are allocated for the businesses and 5,500 sq. ft. Office space at the second level? The Tra Vigne site was formally occupied .by about a dozen tenants encompassing 19,100 square feet, including the P.J Afulligan's restau-°ant and.bar (which was closed), a shoe repair shop and several miscellaneous retail and office uses plus the Dairy delle restaurant located in a separate building on the corner. The center was an example of an older, under-utilized, poorly maintained, unattractive, partially vacant, under performing shopping center. Tra Vigne replaced it with 46 condominium, units and 11,300 square feet of retail and office on the 1.73aere site. Staff does not have specific numbers but estimates that the previous use was generating about $5,'000 in sales tax for the city due to the vacancies and predominantly office uses on the site. The new use should generate about double that amount with about half of the commercial space.. Additionally, the residential is required to pay X332,100 in one-time park dedication fees. and19,100 in construction tax. Due to the extraordinarily low property tax the new, valuation will bring in only a few thousand dollarsfin property taxes. You can view the project description on the City's web site at www. cupertino. org. What are the square foot numbers on that table that have been approved but not built out for commercial buildings? A new column has been added to the above table to answer this -question. HOUSING ® When we talk about affordable housing, do eve mean rental units? Affordable housing can mean rental or ownership units. The Cupertino _Community Services developnnent on Vista.Drive behind the Fire Station is an all rental project with 24 affordable units. T'he five BMR units in the Tra Vigne. development on Stevens Creek Boulevard and the 18 BMR units in the Oak Valley development on Cristo Rey Drive are ownership units. What percent of Cupertino residents also work in Cupertino? Currently there-a.re no good sources on`how many people both live and work in Cupertino. I would imagine the percentage is relatively low, probably below 10%, but we have no . data to back up that estimate. I assume you mean what are the criteria for persons wishing to qualify for the BMR units? Persons qualify for these units based on their median family income relative the HUD income limits for Santa Clara County per the following chart: HUD Income Limits Income limits are revised by the U. S. Department of Housing and Urban Development on an annual basis. Revised 4/03 The numbers across the top reflects household size. One-half of the rental BMR units are allotted to households making no more than 50% of the median income and the other half is designated for households making no more than 80% of the median income. For ownership units one-half of the units must be offered to households making 100 % of the median and the other half to persons making 120% of the median income. The households are also evaluated relative to whether they are Cupertino residents, work in Cupertino and if they are a public service employee such as firefighters or schoolteachers. The full text of the Housing Mitigation Procedural Manual can be viewed on the City's web site at www.cupertino.orz by navigating through the departments and then going to the page for Planning Building and Housing. Or, you can use the following address to get directly to the page with the reference to the Housing Mitigation Manual and then click on the PDF format of the manual on the bottom of the page: httpIzvww.cupertino.orgLcitL-government/departments_and offices/planningg and buil din index.asp How many apartments/ town homes are in the mixed-use area of Monta Vista? There are eight mixed-use buildings in Monta Vista, South of Stevens Creek Boulevard (fronting on Pasadena Avenue, Granada Avenue, Imperial Avenue and Pasadena Avenue) with a total of 23 housing units. 19 of these units are apartments and four are condominiums. ■ If we need more housing, why do we have such limited sizes for secondary units, which could be used as rental properties? Secondary units are limited in size because- they are allowed within existing single-family neighborhoods and intended for the purpose of housing family members or rented out. The city does not want secondary units to attract large household sizes with numerous vehicles and storage needs nor does the city want secondary units to take on the form of duplex districts or significantly add to the massing of residential structures in single- family neighborhoods. ® Why do we have to pay attention to ABIAG? (answered at meeting) The ABAG numbers represent a State-wide effort to provide more. housing opportunities and correct the imbalance of jobs to housing that has congested our freeways, polluted our air and cost $billions in needed road and transit improvements. Consequently, the "fair share" approach has been viewed as an effort to'enhance the supply and encourage many suburban communities to be part of the solution instead of part of the problem. Cupertino approved many more; job producing uses during the 1970s and 1980s exacerbating our imbalance of jobs to housing. So, we have -certainly added to the present imbalance. However, at the same time, we don't have full confidence in the ABAG housing numbers and the current number is only valid through 2006. Staff suggests that the Task Force first determine, what type of housing mix Cupertino wants for itself in terms of providing housing opportunities for its residents, opportunities for redevelopment -of the dated or underutilized commercial areas and then try to reconcile those desires with the ABAG numbers. 7ask Force members. should ask if providing,a variety of housing, types is desirable and if Cupertino wants to be part of the larger state-wide effort to correct the jobs/housing imbalance. Jurisdictions are subject to a court challenge if their Flousing Elements are not certified by the State, and the State Legislature has repeatedly. threatened to institute sanctions for cities that fail to meet their regional fair share.. if you ultimately recomImend the Council choose to ignore the ABAG fair share approach then you should be willing to accept the consequences which may include fiscal or legal sanctions. Some communities have been threatened with legal sanctions shutting down their ability, to issue building permits of any kind until they have complied with the State mandate. Usually these suits are brought about by environmental or affordable -housing advocates. ® VVh.at is the penalty if we don't meet the ABAG housing numbers? The State certifies housing elements. I a urisdiction does not have a certified housing g f j element, it is subject to a court challenge, arcd development activity could be shut down until the element is certified. In recent: years, state legislators have proposed fiscal penalties, but none has been adopted. 5,000 housing units adds howmany people? The draft General Plan proposes an additional 211300 units over the current General Plan. This represents a total of approximately 3, 8,00 units _(not 5,000) over what is either. built or currently approved (please refer to the Development Allocation Table fora full 19 reporting of the housing and non -housing development numbers). The 2000 Census reports 2.83 persons per household. Based on this number, 3,800 additional housing units results in 10,750 people. The household size is significantly lower for moderate density apartments or townhomes consequently the total population increase may approximate 2.0-2.5 persons per unit resulting in between 7,600 to 9,500 additional residents from the added predominately non -single family housing units. The Census reports Cupertino's 2000 population as 50,546. ■ Senior Housing: How are we encouraging the development of senior housing to include graduated/ assisted care, as well as it being affordable, independent living? The draft General Plan Policy 3-3 calls for a range of housing types and affordable levels. It allows for a range of densities. The higher density apartments or condominiums that are allowed would offer affordability, security and ease of maintenance to seniors. New assisted care developments would be allowed through the rezoning and use permit process. The General Plan supports federal funding sources that can be used to support senior housing. Proposed Housing Project at Villa Serra: number of current apartments, number of proposed condominiums, what arrangements to retain current professional residents, what arrangements for children who attend Garden Gates to still do so, what is height and how will buildings look compared to the surroundings? What is the approximate cost. The current proposal is to remove 194 units and construct 542 new units for an increase of 348 units. The units will most likely be "for rent" condominiums. Since the application is on hold, the applicant has not addressed relocation benefits of any of the tenants. Professional residents will receive the same benefits as all the other tenants. The applicant has not addressed allowing children to continue with school districts as of yet either. This will be discussed during the public hearing process. Building heights will be approximately 58-60 feet. Cost information is not available at this time. What can we done to encourage large, under -occupied single family homes in the City to be better utilized by encouraging renting out rooms - fewer restrictions should apply! Cupertino does not actively encourage renting out rooms in homes, but there is very little restricting someone from doing so. Building codes limit occupancy, but they are fairly generous. The zoning code allows up to 10 people for shared, non -transient occupancy (see definition for congregate residence). The number of cars parked on a property is limited. The Senior Center posts requests for tenants on bulletin boards for seniors. 20 ■ Forced Development vs. Jobs/Housing unbalance: If jobs are not there we won't need more homes. Number of employed:- people has shrink in the current economic downturn, so has the number of ABAG required number :of units been. reduced? The ABAG housing projections were based on "Projections 2000," which did not reflect a downturn in the economy. I "Projections 2003" shows a downturn for Cupertino between 2000 and 2005, and an upturn by 2010. The current ABAG .housing requirements are for the 2000-2006 time period, we won't know until the time period=s over what formula will be used for their next "Housing Distribution Model.-" TRAYFIC Traffic at Vallco - how will the revitalization of Vallco and the ISP property not cause a traffic nightmare?: New tenants in existing buildings at Vallco will not trigger any traffic review at least through the effective period for the -current development agreement (2006). If new construction is proposed, then traffic analysis will be required prior to approval. New development on the HP property will also require traffic analysis. Also, Wolfe Road was significantly overbuilt (8-9 lanes wide at different poihtoAnticipating a successful Vallco Fashion Park. The Task Force should evaluate if you are willing to absorb some added congestion in the interest of having a vibrant 1, enter. Alternatively, you may decide to recommend the City reduce the allowed building square footage and severely restrict the types of uses .in Vallco upon expiration of -the--development agreement to ensure traffic is not congested. This approach would beat the expense of significant revenues that such a vibrant center could generate. How feasible is it to narrow Stevens Creek street? A study to evaluate the feasibility of reducing the number of lanes from 6 lanes to four lanes on Stevens Creek Boulevard was recommended as a part of the proposed Crossroads Streetscape Plan and then deleted rom the plan because many persons questioned the feasibility of reducing the number of lanes and the effect on the speed and level of service through this area. The concept is to evaluate if Cupertino can reclaim a portion of Stevens Creek Boulevard as a community street and not a high=speed through access to the freeway. Cities such as Los Gatos, Saratoga and Los Altos limit the width of streets to retain the local suburban feel of their communities. Cupertino should evaluate if a four -lane option on Stevens Creek Boulevard better reflects the communities desire to be ,predominately suburban. The Crossroads Streetscape plan.ultimately recommended the provision ofon-streetparking while retaining the six through lanes similar to the front of Anderson Chevrolet, .to provide on -street parking for that business. 21 FISCAL ■ If we reduce the commercial and office space and add more housing, what effect will it have on the revenues? Reducing the potential for commercial and office might not have any effect on revenues, since the market has not built out to the potential in the past. However, if they were built out to their potential, it is possible that sales and use tax potential would be reduced. On the other hand, if outdated, commercial areas were replaced with residential or mixed uses, the loss of commercial uses might be more than compensated by increased property values and the perception of Cupertino as a vital city, which in turn attracts new business. ■ What is the cost per person for services? Attached is a cost/revenue analysis for the Garden Gate, Monta Vista and Rancho Rinconada areas done in 1997. At that time, the costs per person were: Garden Gate: costs of approximately $9 per person per year, Monta Vista: revenue of approximately $43 per person per year and Rancho Rinconada: costs of approximately $13 per person per year, or an average cost of approximately $5 per person per year. Proposed higher density infill development might be a "wash" since infrastructure is in place and there is a reduced need for code enforcement. Staff is working on providing additional information on this question. If there's an increase in population, how will the City be able to provide for all of the infrastructure that's affected, e.g., sewer system, water use? The Environmental Impact Report for the draft General Plan will analyze impacts on infrastructure. This will be available when the draft is set for public hearings. New development is required to mitigate their impacts and upgrade infrastructure. ■ Why are the shopping areas going downhill? Several reasons. One is that the long time owners are getting enough cash, flow off the property and don't want to bother with renovations/redevelopment of their areas. As the areas decline, the tenants leave to find nicer, more upscale retail centers so they can attract customers. The market is changing for Cupertino and many Bay Area communities away from the marginal strip centers into larger central shopping places such as Valley Fair, Santana Row and Downtown Los Gatos. Cupertino must evaluate if it wants to stick with the predominately strip approach or allow consolidation in Vallco, and Crossroads/City Center. ■ How much sales tax comes to Cupertino? 22 ■ 33.4% or $10,400,00 of Cupertino's 2003-2004 general fund revenues is expected to come from sales tax. SCHOOLS What role can the city play in addressing the school revenue formula from the state? The city does not have a role of play. This is between the State and the schools. Location for housing development: Have, other under/ undeveloped sites been researched in Cupertino? .Especially where school attendance quotas have not dee filled yeti And traffic congestion isnot horrendous? This can be inserted as a criterion for determining appropriate locations for new residential development in, the General Plan. However, school attendance impacts are difficult -,top redict and -most of the new development is anticipated in the Heart of the City area where capacity seems to be freed up with theplanned conversion of Collins to a middle school. PUBLIC SERVICES. MISCELLEANOUS How will the plan focus on the needs of children and their variety of ages? Park and recreation. The parks and recreation policies are found in the Land Use/Community Design element of the draft,General Plan (pages 2-55 to 2-75). The policies are -general-,, anddo not specifically address needs by age group. We will have a presentation by Cupertino's Park and Recreation Director during the "Sustainability" Task Force meeting. What has happened since: the last plan? Was it successful? Was it followed? Several references were made in the Task Force presentations to indicate to what degree the 1993 General Plan was implemented. The Developnnent Potential table shows the amount of commercial, office, hotel and residential development allowed in the 1993 General Plan and how much was actually built. The Housing Element Technical Appendix reports that 140 Below Market Rate units were constructed; 150 units were projected. Cupertino's traffic consultant reported at the first Task Force meeting that 23 the traffic Level of Service has not gone below Cupertino's standard of LOS D (see figure 4-D in draft General Plan). Operational question that do not directly relate to general plan policy. Please contact the individual staff members on the front page of this document if you wish to pursue any of these questions. 1. Can you have a special 1 -day traffic cop to help with traffic when the school opens on the first day? 2. Do you take care of the San Tomas Streamside Trail? (Bike and walking trail between Lawrence and Saratoga Creek) Great job! It is very popular! Will it connect to a trail network? How? 3. What about turning lanes for bikes? What about reflector bumps on outside of bike lanes? Light sensors in bike lanes? Why don't we do speed traps? 4. Why is there a sign on De Anza Blvd. near Hwy 85 as you go North that says that De Anza will be subject to delays from July through December? 5. How are traffic signal timings monitored/regulated? 6. Does Public Works have a City Arborist? Evaluate city tree health — when to prune? Who does tree trimming? Public Works or owners? Large trees obscure street lighting, signs, become safety hazards for low branches or broken branche. 7. Does Public Works still think "blinking red light ok to turn left' a good idea? Seems dangerous. 8. Pedestrians are hindered by interrupted/missing sidewalks in many high traffic areas, including near our schools. (McClellan east of Stelling, McClellan west of Monta Vista HS). Can improvements be made here without waiting for property owners to generally upgrade the properties? 9. Why are we not coordinating lights on Stevens Creek so that Cupertino residents don't have to stop at every single light in order to make a short shopping trip? 10. Why isn't there synchrony of lights on Stevens Creek (between Monta Vista and Tantau)? It makes no sense to have all cars stopping at nearly every block! Causes more asbestos and fumes in -the air and frustration of local drivers! 11. How much does it cost the city to paint crosswalks red? 12. Is there a system for regular inspections by the Fire Department for fire detectors in residential permits? G:planning/ genplan/ task force/ task force questions 24 P.-teTared by Roger Costa based on 19 responses. Cupertino General Plan Task Force Survey For each of the following items, please rate your personal view of it's importance,to a high quality future for Cupertino over the next 10 years, and your current level of satisfaction with the associated policies and strategies. outlined in both the pre -task force draft and the subsequent task force recommendations for the General Plan. ` There are also two task force evaluation questions. Note: The importance and satisfaction' ratings use a 10 -point scale: --� Please use whole numbers. 1me®®®®®10 Extremely Extremely Low High Satisfaction Satisfaction Importance w/ initial w/ TF of Draft Result Item 1. Transition of City from suburban to urban 4.6 _ 5.5 7.5 2. Identity and character of 'downtown! 5.11`` 5:4 7.1 3. Application of mixed-use zoning designations 5.2-5.611 -6.9 4. Economic health of the City 5.01 1 6.4 8.8 5. Dwelling unit cap levels 5:1 6.8 7:8 6. Residential densities for new developments 1 4.71 1 6.61 7.5 7. Affordable housing 5.0 4.6 ` 6.4 8. Impact on schools 9. Building heights for new developments .9 6.1 7.6 .> 10. Traffic congestion and levels of service 6.2 . 5.8 7.6 11. Traffic safety for pedestrians, bicyclists, and motor vehicles 5.9 , '5.211 7.1 12. Environmental preservation and sustainability 5.7 5.8 1 6.1 13. Health and safety , 5.8 6.1 6:6 14. Parks and recreation 6.5 6.6 6.3 ------------------------------------------------------------------------------- 15. Overall results of General Plan task force 7.3119.1 16. Process for General Plan task force 6.3 9.3 Other Comments: Name (optional): Activity Booth #1 Community Environmental Congress Resources ■I Encourage the design and Pros: Could improve air and water quality, increase construction of energy and resource occupant health, comfort and productivity, reduce energy ..- conserving/efficient buildings (Green consumption and the use of nonrenewable materials; Building Design) encourage the reuse of materials. Cons: Construction costs could be higher. Encourage the maximum feasible Pros: Cons: conservation and efficient use of electrical power and natural gas resources for new and existing businesses, industrial :Miresidences, and public use. l Require that the site designs Pros: Cons: NMI consider limiting overall site imperviousness, minimizing directly - connected impervious surfaces and, where feasible, maximizing onsite infiltration of runoff in areas of new development and redevelopment Provide open space linkages (via Pros: Cons: trail easements or trail linkages) within and between properties for r both recreational and wildlife activities, most specifically for the benefits of wildlife which is threatened, endangered or designated as species of special r concerns. Conduct a City wide sustainability Pros: Cons: inventory in order to identify issues, -i opportunities and planning alternatives. e Pros: Cons: �.;R Pros: Cons: ■I CITY OF CUPERTIN'O:`�7 Activity Booth #7 Community Environmental Resources Congress & Sustainability PrOS: Could improve air and water quality, increase Encourage the design and construction of energy and resource conserving/efficiI t buildings (Green Building Design). Pr Welt occupant health, comfort and productivity, reduce energy consumption and the use of nonrenewable materials; Green Buildign Design Guidelines for encourage the reuse of materials. Decrease the number 050 distribution to project applicants and prepare a of power plants and I pollutants. Green Building evaluation program for all ."FA Cons: Construction costs could. be higher. projects. Limitation on the design and development locations. Require that the site designs consider limiting overall site imperviousness, minimizing directly- Pros: Decrease the amount of urban runoffs. Helps to replenish the ground water contents. connected impervious surfaces and, where feasible, maximizing onsite infiltration of runoff in areas of new development and Cons: redevelopment Provide open space linkages (via trail Pros: Provide buffers for wildlife from developments easements or trail linkages) within and between at the same time increase open space. properties for both recreational and wildlife activities, most specifically for the benefits of wildlife which is threatened, endangered or Cons: Potentially increase development cost to the designated as species of special concerns. developers and decrese the amount of land available for development Reduce pollutants and impervious surface 175] areas associated with motorized vehicles, and PrOS: Reduce the amount of air and water pollutants. — increased number of motor vehicle trips resulting from development Cons: Potential limitation on the size and scale of developments and increase cost of developments. Require the preservation, and where ever Pros: possible the restoration of, areas that provide important water quality benefits (e.g., riparian Cons: C corridors, wetlands, buffer zones, any area in UPERJINO which plant or animal life or their habitats are rare or especlal)y-uApable.) Encourage land acquisition pfous-ch aAas. �� .F '� 41k Statement 8-6 Funding for transportation improvements is limited. Use three dots to select the three types of transportation improvements you think San Leandro should emphasize during the next 10 years: Street tee plantrig and Pavement repair and m. lanes and (xsktp- T m/fic',nimirtg' New m#Fc sgnah and Gat iuy tar banners, New sweets or weet Ramp imp w..a,ts m New Da -t—, Warn -ng Widening of Nwva W,, and res riping oder (please use the do beampai maintenance an pad-* me mires aid, as 'W" impraements and demmitve Tight,W csteru�a, 1880 and 1580 pomp= or munidpal for Inmrsecurra in major sweets like East po tlr notes and aaad) Speed humps imbstdal areas le 14th txlow): hardie larger muds - Aftiviq Booth #8 v , 9y Trampon"dition • � • f � ( � r I t I r i • r ( r ` � r t r t .' Statement 8-A Pros: (ons: Tm,clirg from eat to west in Sar) Leandro land ums along die selar]ed emt- t rade Provide a more direct and well marked east-west road connection between 1-880 could become ease, faster, and mare Hadd h: irripo ted by higttnr trine wiumes and 1-580 for cross town traffic. ranlrtient Trmfilc eali— slang some pamMiady east of E.19dt Street Sleet msrkntialwects-,Id okirase, kiij rvement—is Id be dgnifimnt Statement 8-0 Pros: (oils: Wluld grcady Irn(xae em6wF:st anus f,r Wadd Ix experrdre le moria and muki Promote the development of a railroad underpass or overpass along Davis Street and/ eme perry vehlds and e(ntina a dda s and d pkkc or have n gnG : of (cats nn axhdre or Marina Boulevard between San Leandro Boulevard and 1.880. mngesdon—orned Hid, Imsirrg it M um; near fhe Statement 8-( Pros. Cons. Carldhmvnrgmneirnpadsan Could provide a Mable die—ae to dMy My Water q i ty a,rd habim; v—Id -pie Encourage ferry service between the San Leandro Marina and destinations around in rr=.ar}t Sat Frand,14 nrd ndter destinnhera, m)goinp, d-1 dodging,, pas;,ily a the Bay, such as Downtown San Francisco and Oakland. esp H jar mmrnu ars. —d&-&I. expense m the Gtr, "uki,,.quire eOal park)ngpe, and berdi rgfadGOea the Marina; arid mold increme peck Iwur taffx re and from Marina. Ca ild also dvart funds avay from other trarsIr prariders. Statemenfi 8-D Pros: Cons: Ceald 1—id: n rrrcvc mnwnier,t alte-GrA, Could be more expernivr: than rmvrxvianal Explore the feasibility of shuttle bus service from San Leandro's two BART Stations to (m buses) for across benoeen OMT and bs —fm and equim a kisaand finking key destinations, employment centers, and neighborhoods in and around San Leandro. re0craid areas or rrkgor employment and heal subsldy da dmtrom Could t e an e(fe div,: Hay to —e'spedal need;' group; wdl as teens =1 swims Statement 8-E Pros: Cons: Could result in more mmeriont and CaulA mrInce rhe emrxmt ofmnrrty mulaih The highest priority for improving the public transportation system should be to ffequent bx seni e; would minimze for other forms ofpub"c vamt such as lad improve ACTransies basic bus service. Enure n+ears snualesorlighrml(meetcars). Statement $-F Pros: Cons: Cw1d help rhanncl trod frajfia awrry Arae flee City al—ey has desgrtatnj tudx Within San Leandro's Industrial areas, a limited number of streets should be designated as faro eskknuai s os, arid mLee wise aures, this policy could be seen as o Banda e "truck routes' so that truck traffic and neighborhood traffic are separated to the maximum and osemghr trod, paIWV In and around m wMadare truck routes een gird- Tills i—ase :S extent possible.Leanda. reetx,taA-, ts(xdaly in West Stan could tael time fl,, mirk; and Built u) more ca ipestiort mise, aid air potludon dartg the dedganed truck raves Statement 8-6 Funding for transportation improvements is limited. Use three dots to select the three types of transportation improvements you think San Leandro should emphasize during the next 10 years: Street tee plantrig and Pavement repair and m. lanes and (xsktp- T m/fic',nimirtg' New m#Fc sgnah and Gat iuy tar banners, New sweets or weet Ramp imp w..a,ts m New Da -t—, Warn -ng Widening of Nwva W,, and res riping oder (please use the do beampai maintenance an pad-* me mires aid, as 'W" impraements and demmitve Tight,W csteru�a, 1880 and 1580 pomp= or munidpal for Inmrsecurra in major sweets like East po tlr notes and aaad) Speed humps imbstdal areas le 14th txlow): hardie larger muds - a4�tl✓ 'g � ltd �, , � 6 C Community Activity Booth # Congress Walkability and Trails .. r Pros: Improves comfort and convenience of peds and 1) Balance mobility of the automobile with safe comfortable movement of pedestrians and bike travel thereby reducing reliance on the automobile. bicyclists. Helps to build a stronger community where people can ,j meet and greet each other. Owj iE EM Cons: Will reduce level of service for automobiles and possible add more traffic congestion. MM2) Calm traffic (i.e. slows speeds) on all cit p ) y Pros: Creates safer and more comfortable residential Streets. neighborhoods and arterial streets will better accommodate peds and bikes. - Cons: Will reduce level of service for automobiles and possibly increase congestion. _J 3) Require pedestrian access through new developments to ensure development is Pros: Ensures that new development is integrated into the community and doesn't become an island that integrated and accessible to the community. excludes other residents. Provides more places to walk and better community connections thereby enhancing the sense of community. r Cons: Burdens property owners with the public walking through their development. Pros: Ensures that all neighborhoods have an INS 4) Create a'/4 mile walk -able grid that serves all _ neighborhoods and which stitches open spaces identified safe, comfortable place to walk. Connects all r together. open spaces together. Cons: Will force walkways and trails to locate in areas where they don't belong. 5) Provide ped/bike access to and through the Pros: Provides more public accessibility through hillsides and create trails along creeks. Cupertino's beautiful hillsides and along creeks. are located along the back yards of single family CITY OF neighborhoods and trails create security concerns. Cons: CUPEkTINO Trails along creeks and in the hillsides will be expensive to purchase and maintain. 6) Enhance convenience commercial uses within Pros: Accessible convenience commercial reduces 5 minute walking distance (1/4 mile) of all reliance on the automobile and encourages healthy neighborhoods. walking. Cons: Convenience commercial uses should not be located in or near residential neighborhoods due to noise and safety concerns. 1. A "foot -friendly" man-made, physical micro -environment: wide. level sidewalks, small intersections, narrow streets, lots of litter containers, good lighting, and an absence of obstructions. 2. A full range of useful, active destinations within walking distance: shops, services, employment, professional offices, recreation, libraries, etc. W,hat-we do.. ... �y What we, do.' . \il' 2r 1. Strive to provide -park land equal to a minimum ®f three acresper LOOO people and narywh re possible parks of at least .305 acnes in size. � 6 di Wit`s I Use general funds grants in' lieu fees lev4ed7an la �., v _ and park facility. fees levied. on new: dwen�.n�n s se s ® acquire hien for sparks, improve parks, end build or expand parks. 3. Require private ®pew: space and recreational amenities where it makes, snse for new higher density residential pr®jecits,; nn addition to public ®pens space or park dedication f ees. ; 4e Lease 8 school playfields for open space. The City. constructed and maintained the fiends under a 25 -year cooperative agreement with Cupertino Unified Scho(o. District. The agreement expires in 2016. 5 Provide park and recreation services t® a wide range of Cupertino area residents. In 2000 -20011 there were 21,®0® (classroom) participants and 2,450 classes. 6. Operate 12 neighborhood parks and buildings, as well as, McClellan Ranch Park, Senior Center, Sports Center and Blackberry Fara (which includes the Retreat Center, Farm and Golf Course) 70 ' Offer recreational programs at non -city facilities, such. as, ice skating at vallco and aquatics at Cupertino and fonts Vista High Schools. 8. Plan other park and recreation projects such as a new sports center, skate park and -grails. ®w should Cuperti;nprovide more parks and en space? New strategiesa ® Acquire land in amounts less than 3.5 acres in park deficient areas Pro: Provides parks in areas that are historically deficient in parkland Con: Limits the range of pot6ntiat recreational activities. In the long run small parks are more expensive to maintain than larger parks on a per acreage basis. Develop portions of existing neighborhood or community parks to meet the needs of specific populations, such as teens and seniors. Pro Efficiently uses existing City park lands to serve the diverse recreational needs of the community. Con: Diminishes, or eliminates certain recreational activities in favor of other recreational activities. ® Secure and develop rail., corridors and creeks as linear parks and trails. Pro: Adds recreational space to park deficient neighborhoods. Links park -poor areas with park -rich areas. Connects disparate . parts of town into a more connected, walkable and cohesive community. Provides alternatives to traveling around town. Con: ` May disturb or intrude on the privacy of adjacent neighbors. Increases City costs for development and recurring costs for maintenance, and patrol costs for the City. ® Require new, large -area residential developments to provide public park/ open space. Pro: MeeECity's goal of providing at least 3 acres per 1,000 people for this addition to Cupertino's population. Con: Increases developer's costs. and decreases amount of land available for residential development, ® Acquire land outside of the City.limits for park purposes. Pro: Expands opportunities for the City to locate land suitable for park purposes. Con: bakes maintenance and operation more costly if the park is far from the service center. ® Establish joint ventures with school districts to build or operate new recreational facilities on school lands. Pro: Expands the inventory of sites the City may potentially use for park and recreation purposes. Con: Competes with other academic needs for land and buildings. Restricts operating times to non -peak demand hours. ® Evaluate facility use to determine if more residents can be served. Pro: Maximizes efficiency of existing facilities Con: May increase operating costs to serve larger number of residents. Colinj/ word documents/ Commcongressl W-hmo,we do..... To. protect and enhance the nel,q,hborhoods, 60 Build traffic calm cures in the street to address a variety of traf ftc relatedproblenu, including speeding vehicles act -through traffic., 1 70 _ Estab.lish residentparkingpennit,'zon&fOr orfioods impacted by overf parki from adjacent landuses. o Provide buifiding plan review and inspection activities to make sure new construction and remodeling of ins Safe andweff-buift. 10. Contract with agencies to provide renta(mediation services, and low-interest loans for home improvements to low and very low income , use ldso 14. Encourage ne borhood block parties by b(ockingpublic streets, providing liabili insurance appearance byfire and police units upon request and paras andrecreationleaders to l p 0 oranea o 1 FACTS Existing conditions What Cupertino has Existing General Plan Policies What Cupertino's policies are sn nc '� dill' �n neax"e ntor f*OV URE i10 r raim. ugn ti S: i li r ist rr sa :Ifs+ x€U .N-5 3-t r Principles j Ahwa.hnee Principles Ah ahnee Principle Preamble: Existing patterns of urban and suburban development seriously impair our quality of life. The symptoms are,; -more congestion and air pollution resulting from our increased dependence on automobiles, the, loss of precious, open space, the need for costly improvements to roads and public services, the inequitable distribution of>economic Articles resources, and: the loss of a sense of community., By drawing upon the best from the past Fact Sheets and the present, we can plan communities that will more successfullyserve the needs of Reports those who live and work within them. Such planning should adhere to certain Presentations fundamental principles. Guidelines Model Projects on` m n ty Principles. Local Index of Transit Availability 1. All planning should be in the form of complete and integrated communities containing Participation Too(kis housing, shops, work places, schools, parks and civic facilities essential`to the daily life d( of the residents. Currents 2. Community size should be designed so that housing; jobs, daily needs and other Case -Studies & Fact activities are within easy walking distance of each other. Sheets 3. As many activities as possible should be located within easy>walking distance of transit Funding Opportunities stops. Links 4. A community should contain a diversity of housing types es to enable citizens from a wide - range of economic levels and age groups to live within its boundaries. 5. Businesses :within the community should 'provide a range of job types for the community's residents. 6. The location and character of the community should be consistent with a larger transit network: 7. The community should have a center focus that combines commercial, civic, cultural and recreational uses. u.�r. �� 8. The community should contain an ample supply of specialized open space in the form of squares, greens and parks whose frequent use is encouraged through placement and design. 9. Public spaces should be designed to encourage the attention and presence of people at all hours of the day and night. 10. Each community or cluster of communities should have a well-defined edge, such as agricultural greenbelts or wildlife corridors, Ipermanently protected from development. 11. Streets, pedestrian paths and -bike paths. should contribute>to a system of fully connected and interesting routes to all destinations. Their design should encourage pedestrian and bicycle use by being small and spatially defined by buildings, trees and lighting; and bydiscouraging high speed traffic. - 12. Wherever possible, the natural terrain, drainage and vegetation of the community .should be preserved with superior, examples contained within parks or greenbelts. 13. The community design should help conserve resources and minimize waste. 14. Communities should provide for the efficient use of water through the use of natural drainage, drought tolerant landscaping and recycling. 15. The.street orientation, the placement of buildings and the use of shading should J contribute to the energy efficiency,of.the community. Regional Principles: 1. The regional land -use planning structure should be integrated within a larger transportation network built around transit rather than freeways. 2. Regions should be bounded by and provide a continuous system of greenbelt/wildlife corridors to be determined by natural conditions. 3. Regional institutions and services (government, stadiums, museums, etc.) should be located in the urban core. 4. Materials and methods of construction should be specific to the region, exhibiting a continuity of history and culture and compatibility with the climate to encourage the development of local character and community identity. Implementation Principles: 1. The general plan should be updated to incorporate the above principles. 2. Rather than allowing developer -initiated, piecemeal development, local governments should take charge of the planning process. General plans should designate where new growth, infill or redevelopment will be allowed to occur. 3. Prior to any development, a specific plan should be prepared based on these planning principles. 4. Plans should be developed through an open process and participants in the process should be provided visual models of all planning proposals. If you would like more background information on the Ahwahnee Principles (including where the name came from), please read the article reprinted from Western Cities Magazine. Intro I Ahwahnee Principles I Economic Development [ Community Design I Economic Development I Energy I Environment People and Community I Transportation I Waste Prevention ] [ Center for Livable Communities I Energy Information Clearinghouse ] [ Ahwahnee Principles I Events I Bookstore I Programs/Services Free Publications/Resources ] [ About LGC I Membership I Search Site Map I Contact Us ] VOLUME 8 e NUMBER 5 JULY/AUGUST 2003 leformo a calculating Reexamining the accident statistics helps Palo Alto qualifij for a tree -lined boulevard. alo Alto, California, a 59,000 -population city between San Francisco and San Jose, illustrates the trend toward con text -sensitive design and the role that painstaking highway' safety studies play in attaining attractive roads. Bicyclists;' civic -minded residents, champions of tree planting, a.nd par- ents of schoolcl-Lil.drenlobbied for changes to. El Camino Real,. a state road that carries 50,000 vehicles a day through the -af- fluent neighbor of Stanford University. In the 4.3 mile stretch of El Camino, the aim of local people was to plant the six -lane road's median more consistently with trees, make it easier for pedestrians to cross the 120 -foot right-of-way, establish bike lanes, widen the sidewalks, perhaps narrow some sections to four travel lanes, and generally make the corridor more ap- pealing. The state transportation agency Caltrans was willing to do context -'sensitive design, says Reid Ewing, a subconsultant to Oakland based Community Design and Architecture, the city's lead consultants on the project. But when the idea of planting large trees in a narrow median — less than 10 feet from traffic — was broached, transportation specialists. for . the state said statistics showed that "medians with trees had higher crash rates," Ewing says. "We took their report and turned it around and reanalyzed it," Ewing says. "'We found that medians with trees were safer than'untreed medians." As a result, Caltrans has allowed the city to start its plant- ing program by installing about 250 trees, even in parts of the median that are just eight feet wide. Along the entire stretch, j "we'd like to plant 1,000 trees," says Virginia Warheit, Palo 1 Alto senior planner. For that to take place, thin sections of the median, which now varies from three to 16 feet wide, would have to be broadened. That would be beneficial because it would create a refuge for pedestrians crossing the road, Warheit says: This fall the City Council is expected to vote on two alter native plans, one of which would reduce t1ae number of travel lanes on part of El Camino to four. Oddly enough, fewer lanes could actually help traffic move more smoothly.. Warheit says that the lane reduction, which calls for construction of bulb - outs. at certain intersections, would reduce the expanse of pavement and thus cut the time needed to cross the road by 28 percent. Motorists would spend less time stopped at traf- fic lights waiting for pedestrians to cross. Sidewalks now 7.5 feet wide would be widened to 10 feet and the street would be better marked for on -street parking and a 5 -foot bike lane. Caltrans readily agreed to reduce the travel lanes to 11 feet. Other consultants on the project are Fehr &Peers for traffic analysis, Joe McBride for urban forestry, LCC Inc. for civil �. engineering, and Urban. Advantage for photo simulations. I A Gw*overnor's Pardo.n,,16r: Ahe Housing'.�Elemeht r, at least a temporary stay of execution. Or so it_may Your next question may be, "But how can we update and feel like for some jurisdictions and organizations. With 0 adopt the Housing Element while maintaining both the wounds of battles and lawsuits still fresh; the last consistency and State certification?" The State, specifically item on a :planner's wish list . was another update of the calls out the need for periodic review of the housing element Housing Element: And yet that was just what was staring to determine whether a revision is required prior to the next them in the face, with some jurisdictions confronted with a` - update cycle. Reasons a housing.:element must be updated deadline of .June 2004. The. Governor's recentsigning ofprior to the -next ,update cycle'include: Senate Bill 491 (Ducheny) extends 'the planning period of 1. New policies, regulations, or requirements have been existing housing elements for one year and postpones the adopted that inhibit the ability to meet housing goals; due date for the next (4th) revision of local housing elements, beginning: with those :due in 2005 (SANDAG). All 2. Current goals, policies,_ and programs that are not housing element due ;dates from the third revision cycle, proving to be effective; or however, remain unchanged, as shown on the schedule 3. A comprehensive plan update is underway or (see reverse). ,general other portions of the general plan have been amended, making it necessary to revise the housing element to ® o achieve internal consistency. Jurisdictions can amend and adopt a Housing Element`prior �io�� to the next � planning cycle without . resubmitting for For some jurisdictions, the extension is of little impact ;as certification so :long as the Element does not undergo previous revision dates already loomed out three years or significant changes. An example of a significant change more. For jurisdictions in the SANDAG or SCAG regions, would be an overhaul of the land use inventory ' or a however., the additional year allows for better, preparation revocation of an :inclusionary housing ordinance: In cases of and improves . Housing Elements' Sisyphean' image. For significant changes, the jurisdiction, would need to; resubmit example, all SCAG jurisdictions now have until June 30th, the Housing Element ' for certification. The issue of 2006 to submit . a Housing Element for certification. Thissignificance can best be resolved through communication means that Housing Element update activities' should begin with the State Department of Housing & Community by late 2004 or early `` 2005. Additionally, jurisdictions Development. undertaking comprehensive General Plan updates between now and late 2004 should also include their Housing Insight into Land Use and Regional Growth Element as part of'the comprehensive update. On a; larger scale, revisiting the Housing Element novo can valuable insight into how expected growth needs 9�pdating without �� Figures compare with a jurisdiction's _capacity. and desire. This diction's You may ask, "How can we update the Housing Element insight can enable jurisdictions for be more effective without any RHNA figures?" In fact, nearly 80% of a Housing J participants in the development of the regional growth Element can be updated without RHNA figures. For example;; forecasts; Moreover, a concurrent review of the Housing and socio-economic profiles - particularly those that relied uponLand Use Elements will enable jurisdictions to generate an 1990 Census figures - can be updated with new ,2000, accurate and precise land use inventory in preparation for Census data or recent technical studies. Additionally, if not new RHNA figures. already done as part of an annual monitoring program, jurisdictions can track and record the number of affordable Summary units created during and' since the.:previous planning period . , ,, Housing programs and goals can also be updated, ' if necessary. All of this and more can be updated regardless :of . , :Jurisdictions can take advantage of the State's deadline +h- „uN,n;�„r„� extension by becoming more informed through data i. CENTER ti programmatic reviews. Although it may seem too early to begin reviewing the Housing Element, the work you do now will be repaid tenfold in terms of time, money, and sanity down the road. Update on AB 2292 In a March 2003 issue of CenterViews, we reported on some of the potential implications of AB 2292, the "No Net Loss" Housing bill that precludes downzoning of properties if it would result in a net loss of residential capacity needed to meet the jurisdiction's fair share housing obligation. The provisions of this law are especially important to consider when updating the land use inventory as part of the Land Use and Housing Elements. The jurisdiction must ensure that sufficient residential capacity is maintained to meet the jurisdiction's fair share housing obligation for all four income categories as stated in the certified Housing Element. In cases where the jurisdiction wishes to rezone or do ,nZvie I'anw for w.ofer. n+ LBcS, alternative SiLej + muss be identified. For example, plans to revitalize an area of the city or county by rezoning residential land for lower density residential or commercial uses would require the jurisdiction to identify alternative sites that could accommodate the allocated fair share housing obligation. This law has caused great confusion and controversy since its enactment in late 2002, with numerous organizations seeking amendments. One of the proposed amendments is AB 1192 (Dutra). This new bill would amend the provisions of AB 2292 and require that the jurisdiction serve as the responsible party for identifying additional sites to compensate for the lost residential capacity. AB 1192 includes an exception for cases when a project applicant requests in his or her initial application a density that would result in the remaining sites in the housing element not being adequate to accommodate the jurisdiction's share of the regional housing need. In that case, the jurisdiction may require the project applicant to identify alternative sites with a potential for increased density. Cases where the jurisdiction could not require applicants to identify alternative sites include changes performed through a jurisdiction's General Plan Update or instances where the jurisdiction requests the applicant to develop at lower densities. Other amendments are also proposed by the League of California Cities and the California Building Industry Association. The State Department of Housing & Community Development will publish guidelines on the law following amendments passed in the current legislative session. Housing Element Planning Periods Pursuant to SB 491, (Chapter 58, Statutes of 2003)' Effective July 14, 2003 Rev. 41h Rev Regional3rd Datei D. 06/030/05 San Diego Assoc. of Govts. San Diego County and all cities within the County 12/31/99 (SANDAG): So. California Assoc. of Govts. (SCAG): Counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, Ventura, and all cities within each County. 12/31/00 06/30106 Association of Bay Area Govts. (ABAG): Counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, Sonoma, and all cities within the County. 12/31/01 06/30/07 Council of Fresno County Govts. (Fresno COG): Fresno County and all cities within the County. Kern County Council of Govts. (Kern COG): Kern County and all cities within the County. 06/30/02 06/30/08 Sacramento Area Council of Govts. (SACOG): Counties of EI Dorado2, Placer2, Sacramento, Sutter, Yolo, Yuba, and all cities within each County. Association of Monterey Bay Area Govts. (AMBAG): Counties of Monterey, Santa Cruz, and all cities within each County. 12/31/02 06/30/08 All Other Local Governments: Counties of (all cities within each county): Santa Barbara, Stanislaus, San Joaquin, Nevada, Sierra, Merced, Kings, Tulare, Butte, Alpine, Amador, Calaveras, Tuolumne, Humboldt, Inyo, Mono, Lake, Mendocino, San Luis Obispo, Siskiyou, Colusa, Glenn, Tehama, San Benito, Del Norte, Lassen, Madera, Mariposa, Modoc, Plumas, Shasta, and Trinity 12131/03 06/30109 1 The due dates for this cycle were not changed by SB 491. . 2 El Dorado and Placer Counties have a 2009 option for the 4th revision. CenterViews is published by The Planning Center as a service to our clients and friends. This material is provided for general information purposes only and does not constitute legal advice. The Planning Center is a private consulting firm providing planning and environmental consulting services for both governmental agencies and the private sector. We have completed Housing Elements and General Plans for more than 100 cities and counties and are available to assist jurisdictions with reviewing, scoping, and updating all elements of the General Plan. Our newsletters and other information are available on our website. 1580 Metro Drive I Costa Mesa, CA 92626 Phone: 714.966.9220 1 Website: www.planningcenter.com Any questions or comments related to this CenterViews issue may be directed to Colin Drukker at cdrukker@planningcenter.com. Copyright © September 2003 by The Planning Center. All rights reserved. IN a .r,.�. Qheopinion ofthe E Ito ria +i i. 4_r • THURSDAY, DECEMBER 13, 2303. GE property • ! 'OeJ'• ' - i e __11 '•✓J BUT SAN JOSESHOULD KEEP SOME LAND FOR INDUSTRIAL USES A new shopping area close to the new Communica tions Hill neighborhood got a unanhnous thumbs -up froin>the San Jose City Council Tuesday night; and the, discussion of the proposal raised two interesting pohnts. One was encouraging, the other a caution. First,. the:;goodone. Cowncihnan Terry ,Gregory, who represents the Monterey Road industrial area, supported commercial development on.Geineral Elec- tric's'55 acres with one condition: that it not be retail as usual. That is, not another strip shopphng center with big ugly buildings atnd a vast sea of ulaeldtop. Gregory invoked the "town center" model the back-to-tlle-future;concept of'designing shopping ar- eas'whe're, people :can actually walk froni store to store without dodging cars h -i parl&lg lots, and which might even be pleasant` to look at•r' Suburban developers often dis- miss the idea, but it's working in, other parts- of artsof the countrySafi Jose`s The local example is Santana Row It's an unusual. case because A,; '• - YQ� county' of costly Ahnsies like �� r• t�e� . FaIIgI'ounds; imp oiting a .chapel ate``: oak Hill from Italy to use as a lviemonal , : flower .shop Forget all ;!` Park that. The fiuidamental snwrAcLaea� design idea,—, a street 1: cout4rYl- where people can Milk o 1/z ; ❑-Mea wa without dodging cars � --- need not.bre.ak the MERCURYWEWS bank. And it includes sone big box stores — even a Best Buy, which looks perfectly coinfortable h1 its pedestrian -oriented set- ting. A higher standard for retail areas will ensure that they hold up better over, time. Gregory made a good point. The comm-icil's,einthusiasm for this plan raises a note of caution,; however: While retail is appropriate for the GE.site because of its location and other econom is factors,: approvals of other. requests to change in- dustrial land to retail should be far from automatic. San Jose'needs to retahn plenty of Industrial laird for' a balanced economy. Wholesale conversions -to re 'ck fix Sales tax dollars, but tail will-bringin Sonne ciui , in the long. run they could cripple the city's ability to support cutting edge industry. New developments won't carve otic space for gritty machine shops. Once this land is'gone, it's gone for good.. The GE decision should be an example of thought- ful change, -nota signal that anythuig goes. 'Foreword, Suburbs—as we understand them in the United The post -World War II suburban boom was i States—really saw their genesis in the early 1800s. also transportation -driven, but now it was strictly These were places that were deliberately designed to automobiles and,freeways, not rail, that pushed sub - In his 1999 bestseller, A Man n' Full Tom Wolfe wrote of the .placeless- be physically and symbolically separate from the urban development. These new, communities, like ness of so many of our suburban landscapes, including the easternmost increasingly large, immigrant -filled, polluted, and Long Island's Levittown or Los Angeles's San noisy U.S. cities. The creation of thesefirst suburbs Fernando Valley, were different from the suburbs of reaches .of the ' Sa:n Francisco Bay area. _ was also driven by transportation: it had to be easy the 1920s and 1930s in one other key factor: they He had driven through that whole area, from Vine Hill, where he lived, onsuburban for a'businessman, for example, to travel from his didn't have a main street or a village center unless home to the city they happened to engulf an older community. They east to Pittsburg [California] and beyond, and it was now one vastgoulash. of By the early 20th century, when railroads and weren.'t places. They were simply street after street of Con domzniums other new; housing. The way tell trolleys were widespread arid`refiable,` virtually every single-family homes, with an occasional school and chewp only you could you , major U.S..city had, its suburbs. It was during this thrown in. But there were no true public realms, no ' were le�tvzn one.:communz rind entertn .another was when the anchises 4 - - g g period that severalclassic new:comrnunitiesemerged, civic centers, no main streets. started repeating itnd you. spotted ilnother 7 -Eleven, anotherendys anot%er such as Chestnut Hill and 'the Main Line, outside Some people claim that the regional shopping GerHome Depot. The new landmarks were not o�'lce towers or Philadelphia, Scarsdale, outside New York; Chevy malls that grew up on the outskirts of these suburbs Chase, outside Washington, D.C.; the great North were simply the, new version of a public realm. I dis- monuments or vit7h4h,or libraries or museums but 7 -Eleven stores. Shore suburbs, like Lake Forest, outside Chicago; and agree. A public realm is about community, not simply even Beverly Hills, a master -planned. community about consumerism. A public realm is an outdoor Generations of suburbanites have now come to realize that a 7 -Eleven, as whose first lots went on the market in 1906. These space in the heart of a community with a variety of useful as it is, does not a place make. early prototypical suburbs were not entirely bedroom uses. It is infused with civic pride and the lofty dreams • This book talks about the creation ofsuburbanplaces, which many would communities. They.weve more like villages, clustered of the community. A regional mall, by itself, is not. around train stations~and boasting little main streets Most .post World War II suburbs were bed - consider an oxymoron. But that wasnt always the case. Contrary, to popular with neighborhood -serving shops, a few apartments, room communities. They were great;places•to anise belief, suburbs are not a modern phenomenon. "Prior :to the 19th century, a church, a post office, anda library: real places. families, offering good housing at a reasonable cost. wherever you had a major city like London or Paris, Cairo, or Beijing, you 'With the rise of the automobile in the 1920s and But they weren't true places. This; of course, is the had outlying i development a ifew homes, a shop or two—that. eventually 1930s, these early suburbs—and dozens of newer crux of our suburban dilemma today. How do you "a ones—reallyreached`their heyday. In most instances, define place"? grew into a recognizable and separate village: a suburb.' they continued to cluster around train or trolley sta- tions and village centers. But` they started to get big ger, because people could now drive their cars to the train station. ppp 4FA _ O �+ A combination of many things—from architec- ture, to cultural institutions, to topography, history, economy, and physical. appearance—create place. But there is one more key factor: you must have social interaction to have a true place. Many suburbs stymied social interaction by physically fragmenting our lives. Our homes, jobs, shopping, entertain- ment, houses of worship, and civic institutions were all separated from each other. In effect, most suburbs became the antithesis of true places. The New Town Movement of the 1960s rose up in direct response to these placeless suburbs. Following European examples, these new towns were conceived as balanced and virtually self-contained communities—with housing of all kinds and price ranges; office and industrial jobs; and retail, enter- tainment, schools, houses of worship, and parks, all within close distance by foot, bicycle, or automobile. These new towns were all about creating place. Unfortunately, the new towns that were built also adopted many elements from modernist urban design that worked against place making, including large zones of separate uses and high-speed roadways designed exclusively for automobiles. They did, however, represent a genuine, community -scale planning effort to create distinctive, coherent places. Most of the original new towns fell into financial trouble. Of the two dozen or so true new towns that were planned in the 1960s, only a handful went into full-scale development, including Reston, Virginia; Columbia, Maryland; Irvine, California; and our company's Valencia, California. The vast majority of suburban development in the 1960s, 1970s, and 1980s continued to take the form of placeless communities. The last few genera- tions of Americans have rarely had the experience of coming together on a tree -lined street to shop, to walk after dinner, or to talk with friends, because typ- ical suburbia reduced the street to a single -purpose, pedestrian -intimidating traffic arterial. Fortunately, in recent years, the pendulum has begun to swing away from this development pattern. More and more people want to return to the tradi- tional main street or town center, particularly as our lives become more mobile, more global, more com- puterized, and more hectic. Despite all the talk about "going virtual," people still want a sense of belonging, a sense of community: a place. A new development trend is helping to put the place back into our communities. In a deliberate attempt to create a sense of place and identity, and to gain an edge when competing with other areas for future development and increased tax revenues, post—World War H suburbs across the country are building main streets from scratch or reinvigorating old town centers. At Newhall Land, we believe that these mulddi- mensional main streets are a key to suburban place making. That's why we are building one, named Town Center Drive. And that's why hundreds of other new suburban town centers, main streets, and urban villages are planned, under construction, or already completed across the United States. These new main streets are sprouting up. in virtually every kind of post—World War H community—from a sprawling suburb like Schaumburg, near Chicago, to Disney's new town of Celebration, Florida. They also take many forms—from streets that are several blocks long to tree -shaded town squares and village greens. These new suburban main streets are not out- door shopping malls masquerading as main streets. Like the small-town main streets of the pre—World War II years, they have a full range of everyday uses and activities—including office, retail, entertain - went, hotels, housing, and civic institutions like public libraries=all integrated within a pedestrian - friendly environment. They are places in every sense of the word,. and they are creating a sense of place for their suburban communities. Most important, town centers are enjoyed by people. As Fred Kent, president of Project for Public Spaces, once commented, "People like to gather in settings that attract other people. They like streets with stores. They like to move chairs before sitting in them, even if they move them right back to the position they found them in. And there are few things that people enjoy watching more than a pass- ing parade." Main streets and town centers are passing parades, motherhood and apple pie. They are old- fashioned and very contemporary. They are quaint and urban. Most important, they create a sense of place ... without a 7 -Eleven. In the near future, we may look back on the post—World War II decades as an anomaly—as the only time when communities lacked a true main street or "place." Gary Cusumano Chief Executive Officer and President Newhall Land Valencia, California Smart Growth in the San Francisco Bay Area: Effective Local Approaches A study commissioned by the San Francisco District Council of the Urban Land Institute June 2003 CONTENTS INTRODUCTION ............ 1 WHAT IS SMART GROWTH?. ........................ 2 LOCAL BAY AREAZMART.-GROWTH PLANNING PRIORITIES .,..3 SMART GROWTH STFWL-GIES, R INFILL DEVELOPMENT ......................... 5 0 TRANS IT-ORI ENTED DEVELOPMENT ....... I ........ il- n INCLUSIONARY HOUSING .......................... 16 m MIXEb_USE DEVELOPMENT ........ ...............20 ADAPTIVE RE'USE-1, .......................... .23 JOBS-HOUSING BALANCE ....................... 27, COMPACT DEVELOPMENT ............... ...... 31 ESSENTIAL -IMPLEMENTATIO,.K.: METHODS n COMMUNITY ACCEPTANCE TECHNIQUES ......... 35 a INF RASTRUCTURE FINANCING ............ 40 APPENDIX A. Guidelines for Land Monitoring .............. 46 APPENDIX B. Transit-Oriented Development, Planning: Guide .50 APPENDIX C. Preservation and Rehabilitation Tax Incentives ..53 APPENDIX D. Transfer of Development, Rights, Ordinance, ......57 APPENDIX E. A Cormunfty Walkability Code .............. 65 APPENDIX F. Implementation -Funding Sources ............. 69 APPENDIX G. Local Smart-11-Growth Tools ................. .83 APPENDIX H. Bibliography by Strategy .............. ...S5 0 APPENDIX 1. Generalized�:Biblj,Qgrapfiy` ............... an INTRODUCTION Cities and regions throughout California, and the state itself, are struggling to meet the dual challenge of promoting economic prosperity while developing equitable and sustainable patterns of growth. Many in the planning and development communities have looked for answers in a set of principles gathered under the rubric of "smart growth." Simply put, smart growth means planning and providing for growth that creates livable communities and that is economically sound and environmentally and socially responsible. The smart growth equation includes affordable housing, man- ageable traffic patterns, sensible use of resources, and access to open space. There are a growing number of examples from around the Bay Area and across the nation where communities have used smart growth strategies to guide development in ways that make the most of current resources while also preserving and promoting an enhanced vision for the future. This report reviews recent smart growth practices that could have the greatest impact and potential for success in the Bay Area. It identifies common characteristics of key local techniques, and describes how they have already been used to promote more sustainable and livable communities in the Bay Area. Included are techniques that have a specific area focus, as well as those applicable at a community -wide and region -wide scale. The report is intended as a tool for local communities struggling with the challenges of housing provision and affordability, traffic congestion, community opposition to more sustainable growth patterns, preservation of critical open space, redevelopment of underused sites, infrastructure financing, and maintaining strong economies. It is not meant to address all smart growth tools, nor is it an argument against alternative visions of growth. It is simply an attempt to catalogue and explain the keys to imple- menting a particular set of policy responses that, evidence suggests, will promote healthier and more sustainable growth patterns than past and current approaches have thus far produced. It is hoped that this information will lead to greater under- standing and acceptance of smart growth principles and practices throughout the Bay Area, and be a valuable resource for community leaders. SMART GROWTH IN THE SAN FRANCISCO BAY AREA: EFFECTIVE LOCAL APPROACHES i2 WHAT IS SMART GROWTHI? All smart growth principles involve .the concept of promoting more livable and func- tional communities. Advocates define smart growth communities as environments that: enhance mobility for allresidents; not just those with automobiles, as they carry out daily tasks, such as --traveling' to work or school, shopping, and maintaining community ties; accommodate the need for new` housing; employment growth, and population increase by making the most efficient use of urban land; preserve` and protect important open space and species habitat; 11 are respectful of the needs of neighboring jurisdictions and the region as a whole; and make the carrying out of smart growth practices. by developers,, lenders, builders, and other interested parties as simple and streamlined as possible. Smart growth is not a predetermined utopian vision of the future. It is rather an attempt to correct the ills of our current development pattern in principled and time - tested ways. Many of the principles of smart growth `are'not new. They are based on practices that have produced some of our most desirable living environments, be they small towns, suburban communities; or large cities. Smart growth does not seek to overturn the wishes of residents or, communities desiring a more dispersed lifestyle, nor does it attempt to prescribe a on e---size-fits-all pattern for living. It is primarily a series of alternatives to current development patterns that seeks to alleviate some of our current urban woes. LOCAL SMART GROWTH PLANNING PRIORITIES In late 2002, interviews were held with 20 local public sector planning and commu- nity development professionals representing 14 different localities in the Bay Area, including counties, large cities, towns, and suburban communities. This investiga- tion primarily focused on two issues: (1) the implementation status of local smart growth activities, and (2) smart growth strategies thought to have the greatest posi- tive impact on the future of the Bay Area. The purpose of the survey was to identify those strategies that are clearly understood, of interest, or currently being integrated into local planning and development review processes. Respondents were largely familiar with the list of smart growth strategies presented in the survey, and many had already made use of them in some capacity. However, several respondents indicated that while they were willing to consider various smart growth strategies, they were hindered by a lack of good information on implementa- tion techniques and past results. Respondents were most willing to consider these strategies: transfer of development rights (45 percent), coordination and collabora- tion with neighboring communities (36 percent), adaptive reuse (27 percent), densi- ty bonuses and other incentives (27 percent), transportation demand management (27 percent), inclusionary housing (18 percent), jobs/housing balance (18 percent), and creative funding for infrastructure (18 percent) . The survey also asked respondents to indicate which strategies they thought would have the greatest positive impact if implemented throughout the Bay Area. The most frequently mentioned were infill, transit -oriented development, compact develop- ment, jobs/housing linkage, and community acceptance techniques. Based on these findings, this report focuses on smart growth strategies that have potential for implementation and, if enacted, would have a significant impact on future growth patterns in the Bay Area. The strategies detailed are: ■ Infill development ■ Transit -oriented development ■ Inclusionary housing ■ Mixed-use development ■ Adaptive reuse ■ Jobs -housing balance ■ Compact development SMART GROWTH IN THE SAN FRANCISCO BAY AREA: EFFECTIVE LOCAL APPROACHES 3 Q SMART GROWTH IN THE SAN FRANCISCO BAY AREA: EFFECTIVE LOCAL`APPROACHES i I The report also -provides information on the following issues, which have been iden- tified as often critical in implementing smart growth stretegies Community_ acceptance techniques Creative infrastructure `:financing Where appropriate, the discussion of these strategies incorporates related approaches identified by the survey respondents, such:as density bonuses, transfer of development rights, and coordination with neighboring communities. For each strategy, the report provides a definition, describes how and where it might apply, and outlines implementation techniques. Illustrations of local best practices are also included. l Q SMART GROWTH IN THE SAN FRANCISCO BAY AREA: EFFECTIVE LOCAL`APPROACHES i I COMMUNI DESIGN NIPAl„;;ma�y��yy.t Pi,'O N BEST PRACTICES FOR INTEGRATING TRANSPORTATION AND LAND USE PROGRAM OVERVIEW S A N r AL C L A R A V -ley al Trun-spoilation Authority Part of. eve", t -you, take IN THIS DOCUMENT 1 INTRODUCTION 2 INTEGRATING TRANSPORTATION AND LAND USE 3 THE COSTS OF GROWTH 4 REALIZING THE VISION 5 PRINCIPLES FOR BEST PRACTICES 6 OVERCOMING BARRIERS 4 6 10 15 19 COi MUNITY DESIGN T � Pit j� fluat-,, N S P 0 N V7`ft,,, BEST CES FOR INTERNATIONAL T� NS.`,"PORTATION & LAND USE Transportation networks and land uses are intimately connected throughout the built environment —from trails to high-speed railways and from neighborhoods to city centers. The interplay of land use and transportation deeply influences our communities and our quality of life. So how can we design our transportation systems and. developments to Optimize both livability and mobility? The answersto this fundamental question are the focus Of The Community Design & Transportation Program "THE BEST WAY TO PREDICT THE FUTURE IS TO INVENT IT" -Alan Kay The Valley Transportation Authority (VTA) plays an important role in land development, and is dedicated to effecting positive changes in land use through its development and operation of a comprehensive multimodal transportation system. As caretaker of the existing transportation network and administrator of future investment, VTA supports growth with coordinated increases in transportation infrastructure and services. It can also use its transportation investments to channel growth and guide the design of new development. In an effort to guide new growth more actively, VTA is now strengthening the multimodal aspects of the county's transportation system. Many elements of the system are already in place or under development. For instance, since 1985 VTA has been developing an extensive light rail transit system. Today, the 29 -mile system spans from Mountain View to southern San Jose, connecting residential areas to high-tech employment sites; another 21 miles are planned to be in place by 2010. In addition, the planned BART extension to San Jose will provide an important regional rapid transit link to other Bay Area centers. These projects, along with commuter rail and bus service networks, represent some of the best opportunities for initiating change in the use and form of adjacent land. VTA's Community Design & Transportation (CDT) Program proposes new models for land use and transportation planning that are responsive to the diverse lifestyles and travel needs of residents and workers in Santa Clara County. These models are intended to provide mobility and livability options based on proven traditions of urban design and development, and also to respond to the dynamics of a changing society and new technologies present in the new millennium. The quest for homeownership and predominance of the automobile have defined the shape of postwar communities I In Contrast, Santa Clara County's pre World War II communities were designed for walking. kit ityi S Much of the post World War II landscape consists of inward -looking and poorly -connected subdivisions. HOW WE GOT HERE Santa Clara County has passed through several periods of growth and development, each with a distinct land use and transportation pattern. Historically an agricultural region, the county began the process of urbanization in the first half of the 20th century. At that time, mass transit provided the primary means of mobility for most people. Public transportation was integrated into the very fabric of our communities, since destinations had to be within walking distance of transit stations to be easily accessible. Transit lines evolved in concert with the city, often guiding urban growth. Cities were built for walking and structured around public transportation hubs. After World War II, tremendous changes in society and industry altered how our cities grew and how we lived our lives. One of these changes was the emergence of the private automobile as the primary role of travel. The car, coupled with home ownership, came to symbolize freedom and prosperity. With the constraints of fixed -rail removed, people could now travel anywhere for work and play. As more people moved to Santa Clara County, more houses, offices, and shops were needed. The mobility offeredby the automobile allowed this development to occur in the countryside, further and further from traditional cores. Out in the suburbs there was primarily one way to get around—by car. Two changes resulted. First, we began to design new development solely for ease of automobile movement, at the expense of travel by foot, bike, and transit. Second, we moved from mixing activities, like working and shopping in one place, to separating them out over distances traversable only by car. This model worked fine, so long as government -subsidized road building programs and seemingly endless supplies of land were available. It was under this model that the rapid growth over the last several decades has taken place. In the absence of regional consensus on how to grow, jurisdictions have competed for new development without regard to regional impacts. New approaches to dealing with growth are now taking shape, ones that recognize and foster the link between land use and transportation. The CDT Program presents a new paradigm for growth and development in the county by promoting approaches that maximize our existing investments in transportation infrastructure and energize our urban environments. COMMUNIFIT)t DESIC ;P0 THE BEST PRACTICES PROGRAM The Community Design & Transportation (CDT) Program is VTA's primary tool to promote projects and policies that integrate transportation and land use. Adopted as part of the VTA's countywide transportation plan, the Valley Transportation Plan 2020 (VTP 2020), the program is a collaboration between VTA and its member agencies, the cities, town and county of Santa Clara. The first work product of this program is a comprehensive "how-to" manual that provides design guidelines, planning tools, and policy guidance for coordinating transportation and land use in projects across the county. It addresses the location and type of development and its integration with existing and planned transportation systems, multimodal streets, and the "3 Ds" of transit -and pedestrian -supportive development—design, density, and diversity. The CDT is also about creating partnerships for success between VTA and its member business and the county agencies. Applications for development approvals, plans for construction and infrastructure projects, and designs for a range of private and public improvements stream across counters in 16 planning departments in Santa Clara County. Sixteen planning commissions, 15 city town councils, and the County Board of Supervisors are called upon to make decisions regarding proposals in their respective jurisdictions. Unfortunately, there is little recognition of the cumulative impacts of development and transportation projects across jurisdictional boundaries, and there is only limited coordination between VTA's provision of transportation services and land use decisions made by member agencies. -- X , . _ T ..." tom. t o v y a [ 0I PING; CTR- . NIL The CDT Progam is designed to help coordinate new development with VTA's multimodal transit system. F VTA's light rail system, connecting employment centers and residential areas: 29 miles and expanding quickly. USE OF THE BEST PRACTICES MANUAL Best Practices Manual Decision Makers Community Visioning and Planning Inter -Agency Cooperation - Design'and Development Community µµ Community & Agency Support '' M�nax Planning Regulations Design Principles and Standards -Marketing Materials Project Proposals 7'� a4..; .z'�'x �' ..� r't�a��* ��,,•f ;i Yc,..' s�° 1 � � �,''€ s F'Ht �e, Well -Designed and Sustainable Communities The CDT Program looks beyond these boundaries of jurisdiction and discipline. It identifies the elements of good development and multimodal transportation systems, and builds support for common and consistent application. A successful outcome requires that elements of good development and multimodal transportation systems be clearly identified, well understood, and embraced by agency staffs, decision -makers, and community members, as well as the development and business communities. These basic concepts and principles should be integrated into every aspect of the planning processes, implementation efforts, and management values of our cities. CDT creates an active partnership between VTA and Member Agencies with ongoing participation by local government staff and decision -makers. The program involves: Defining best practices in planning, design and development, with the understanding that they may vary from jurisdiction to jurisdiction. This collection of Best Practices has been compiled into manual of a Best Practices for Integrating Transportation and Land Use. • Providing CDT Planning grants to member agencies for special planning projects that implement the CDT Program principles and Best Practices through local plans and changes in regulations. • Identifying steps toward implementation of best practices that VTA and Member Agencies can take. These steps include changes to technical standards and procedures like traffic level -of -service (LOS) policies and planning efforts. Involving all stakeholders in a process of education, outreach, and implementation. Coordinating ongoing VTA activities such as the Proactive Congestion Management Program (CMP), Development Review, and Transit -Oriented Development (TOD), and station area planning and design with modifications needed to respond to the development of the CDT Program. Creating a Ions range vision for growth in the county that enhances the quality of life for residents and workers, coupled with an incremental, creative and realistic approach to implementation. t; AAMUNHY Q -SIGN &_.RAI 52,mm 7 In many ways, the rapid growth of the last few decades has been a blessing for the region. The formation and expansion of high-tech companies, which began in the 1960s and gained momentum in the late 1990s, has reinforced Silicon Valley's role as a center of technological innovation. Santa Clara County's success is seen in dramatic upsurges in its population, employment, income levels, and political influence on a national level. This growth came at a magnitude beyond prediction and at a pace difficult to match. Without the frame work for a regional response to growth, jurisdictions within the county could not mobilize toward a common vision, and new development often occurred in piecemeal fashion. As a result, much of today's urban form in Santa Clara County, like that of many other places in the western United States, is low-density, auto -oriented, and single -use, a landscape of disconnected groups of houses, strip malls along wide arterial roadways, and isolated office parks surrounded by parking lots. Long distances between destinations and low concentrations of jobs and housing have transformed the automobile from a convenience to a necessity. These places are inefficient to serve with transit service and make walking and bicycling difficult, dispiriting and after dangerous. This is borne out in today's travel patterns where most trips are made by car and relatively few trips are made by transit, walking and bicycle. By and large, this is a place for the automobile, rather than for people. Much of Santa Clara County was built for cars, not people. The CDT Program aims to make places that are walkable. 8 COMM i1J11JQES10tJ & TRANSPORTATION ,,. SANTA CL.A,PA COUNTY CO.MMTE PROFILE 20,00 Other 2% Source: RIDES for Bay Area Commuters Land use patterns and transportation options are strong determinants of mode choice. Most people in the Bay Area drive alone to work. The true cost of this urban form and its impacts on our quality of life are only now beginning to reveal themselves. They affect our lives in subtle and not -so - subtle ways, but all are related to how we have built our cities. Here are some of them • Traffic Congestion. Current projections put the number of desired morning peak trips in 2020 at 419,000, up from 323,000 in 2000. Transportation system capacity limits will not allow 90,000 of these trips to travel during the peak hour. More drivers fighting for limited roadway space will add pressure to an already overburdened roadway system. For residents and workers of Santa Clara County, this translates into more congestion, longer commute times, more stress, and lost productivity. Not surprisingly, traffic congestion has been identi- fied as one of the county's most critical issues. • Air Quality. Until all automobiles are zero emission vehicles, they will remain a significant source of air pollution. While it is difficult to directly link automobile emissions to health impacts, studies show that particulate pollution can cause a variety of health problems, from asthma attacks to cancer. The environmental impacts of air pollution are also significant and include global warming, smog, acid rain, and water pollution. • Land Consumption and: Open Space:.: Sprawling, low-density, piecemeal growth places a tremendous strain on one of our most precious naturalresources: the land itself. As the county evolved from its agricultural roots to the metropolitan present, fields, orchards, and grazing lands were converted to such urban uses as office parks, residential subdivisions, and shopping malls. Between 1984 and 1998, over 10,800 acres of agricultural land and other open spaces were paved over for development. This translates into nearly 2 acres each and every day during this 14 -year period! As a result, there are fewer places to take a walk in nature, fewer vistas of the pastoral countryside, more soil erosion, and more water pollution. • Jobs -Housing Imbalance. Santa Clara County has historically been job -rich and housing -poor. And during the rapid economic expansion in the late 1990s, the county added jobs at four times the rate of new housing. As of 2000, the jobs -to -employed - residents ratio has climbed to 1.16, creating over. 235,000` so-called `incommuters' who work in Santa Clara County but live elsewhere. The number of incommuters is; expected to rise to over 284,000 by 2020. The jobs -housing imbalance both increases traffic congestion on Santa Clara's roadways and' causes home prices to skyrocket. In July 2000, the median price of a single-family home in Santa Clara County was $547,000 -far beyond the means of most of the county's workers. • Sense of Place:.. While difficult to measure, a `sense- of -place' speaks to the identity we feel in associating ourselves to our communities. In Santa. Clara County, it is becoming increasingly difficult to hold on to a unique sense -of -place while auto -dominated, anonymous shopping centers, cookie -cutter housing developments, and faceless office parks that continue to sprout up here. & TRALEP-Q&TA,1104 9L Low-density residential development consumes huge swaths of the county's open space and agricultural land. THE ULTIMATE COST: OUR QUALITY OF LIFE These negative impacts ultimately translate into a decline in our quality of life. Residents and workers are spending more time commuting to work and less time for family, friends, recreation, and community. Traffic congestion throughout the day, not just during peak commute times, is getting worse. The open space we treasure, which gives the Valley its identity, is harder and harder to find and to get to. Indeed, what is at risk here is the quality of life that makes Santa Clara County worth living and doing business in: a robust economy, affordable housing, proximity to an educated and talented workforce, unique communities, accessible open spaces, and a clean environment. This high quality of life is a primary reason that many firms chose to locate in Santa Clara County. Unfortunately, a troubling reality is setting in—if the quality of life continues to decline, new businesses may choose to locate in other regions and present firms may leave for greener pastures. By promoting smart land use and transportation decisions, the CDT Program can help improve the quality of life in the county and safeguard its prosperity. Traffic congestion is everywhere, wasting countless hours better spent with family, work, or play. �`e As auto -oriented development has boomed, many areas have lost their distinctive qualities and our streets have become "place -less." CONTINUED GROWTH Because of the advantages offered by Silicon Valley's unique concentration of high-technology firms,. Santa Clara County will continue to experience significant growth over the next 20 years, as shown in the table below. Growth is coming; of that there's little doubt. The question remaining is how it will come. It has become inescapably clear that Santa Clara County needs to find more sustainable ways to grow. PROJECT[. i'l I�r? 41Ll� It i�� ;' E[Vl[ E[ GE€f7M l�l Sit[ fA CLARA CCtUPdIY' SoJrce. ABAG Frakeetiar�s 2i}00 4e � 20 20 f�angX000-202 c POPULATION 1.76 million 2.02 million 14.8% HOUSEHOLDS 0.57 million 0.69 million 21.0% EMPLOYED RESIDENTS 0.93 million 1.14 million 22.6% JOBS 1.08 million 1.31 million 21.3% VTP 2020 calls for changing the way we respond to growth in the planning of our land use and transportation. Expansion of the roadway system alone is not an adequate response to the county's continuing growth. Over the next 20 years, freeway capacity is expected to increase only 4%, compared with a population increase of 15%o and an employment increase of 21%. Multimodal transportation solutions linked with strategic land use policies will be essential to ensure the county's ability to keep pace with change. WHERE DO WE WANT TO BE !N 20 YEARS? Cities and towns across the county, the region, and the country are realizing that our business -as -usual approach to growth has contributed to unwanted impacts on our quality of life, and are looking for new ways to grow. Scattered throughout our own county are examples of smart investments, good design, and responsibly coordinated development. Some are large projects such as the new combined VTA and Caltrain Station in downtown Mountain View, the clusters of high-density housing in downtown San Jose, and The Crossings, a pedestrian -oriented development near the San Antonio Caltrain Station in Mountain View. Others are small but equally noteworthy interventions, such as the daycare center at the Tamien Caltrain/Light Rail Station. These projects capture the spirit of CDT. well-designed, high-density, mixed-use development along streets that can be reached by many travel modes. They are effectively integrated with their surroundings and include conveniently accessible transit stops, usable and attractive sidewalks, and building and landscape elements on a human scale. In short, they show us what our cities and neighborhoods can look like if we approach new development with sensitivity to mobility options, context, design, and the people who will live and work there. San Jose has encouraged housing development downtown, within a short walk of jobs, entertainment, and transit. In Mountain View, The Crossings brought an attractive mix of higher densities, pedestrian amenities, and transit orientation to the housing market—and succeeded. I 112 COMMUNITY DESIGN & TRANSPOR A childcare facility at the Tamien Intermodal Station eliminates an extra trip for many parents. Mixed-use development makes downtowns places to be. Downtown Palo Alto, one of the 'Cores' identified by VTP 2000. Some improvements can happen at a project level by focusing on good site planning and building design. Other improvements may require changes to local codes and standards, such as modifying level -of -service vehicle traffic standards to enable a well-designed project to meet requirements, or permitting more flexible zoning to allow higher density and mixed uses in selected locations. Still others may require regional coordination on projects with regional impacts or systemic and institutional changes such as overhauling financial structures that promote inefficient single -use development. In all cases, the keys to implementation of CDT are a common understanding of the program's goals and objectives and a commitment to ongoing efforts to achieve them. RESULTS �r A ��ilQ€�At SURREY ��'�ttiO l N DEVELOP ENTSource SmartC�ca�vihAnter�ca tQg� �. 85% favor on increase in coordinated efforts among jurisdictions to plan for growth • 83% favor establishing zones for green space, farming and forests outside of urban areas • 81% favor the state government giving funding priority to maintain services, such as schools and reds, in existing communities rather than in new growth areas • 78% support land use planning to guide the place and size of development . 77% support the use of state transportation funds for public transportation In San Jose, 101 San Fernando represents a new generation of Downtown housing that brings residents close to transit and urban amenities. z� •e _ r. „ s ; w, "t O wal mill i 5ro e - Ap t r V • a x x • x ' ' • + � _ ))_ # } 4 lip PL a tj �. • .«e ? � .' - e4" . ,• a "la ,,,� _ . it � is �a itY' lk w R" • r r k South-,County « r} �'' • A� vo 5 M 1 i , • • ai +A .y , a • �.* . « a N ". = a ,'"' «+n., . '� 7- �. f� Yf's ".."! _ -� S !lr` '«. nv'�' � ��" '' W' • :n>' 1 r. ,g r .?Ak, 'yb ' '` • �« f� r i � V' � y„.. ; J' _ - +� v��'\` !� � - F:�.•f4.sie. r�• r D , J 3 ' F¢. ♦ ,. +' ' � �� -� ,r. raw •,� M ' Till! F;F J }. , £ , #. ,,` .. .1 y ;T' ." �t• �C RRA i*.. y :. 4t. 10 1 r , ? VTA Cores, Corridors x & station Areas Vt{U LocalCounty Regional Core Core Core /' 4� 1 4 ♦Y � ' Ec� � . Corridors ac i NEW FRONTIERS FOR GROWTH: CORES, CORRIDORS, AND STATION AREAS Previously untouched lands at the urban fringe have generally been thought of as leading candidates for development. However, Santa Clara County's mature urban areas also represent prime development opportunities. In fact, sites that are vacant or currently underutilized offer advantages over outlying areas because they are already served by urban services and infrastructure. Furthermore, accommodating growth in already built-up areas plays a critical role in the protection of valuable open space at the edge. These areas constitute the new frontiers for growth, and are the focus of CDT, and support for this vision is growing among county residents. A recent survey found that more than half of Santa Clara County residents preferred to see compact, transit -oriented housing rather than conventional, lower -density development—a significant shift from earlier surveys. In VTP 2020, VTA and its Member Agencies identified potential future growth areas and defined them as Cores, Corridors, and Station Areas. These areas are the most likely to benefit from intensification and represent key opportunities for providing multimodal transportation alternatives that can serve the needs of new residents and workers. A recent voter -approved tax measure will enable VTA to invest billions of dollars in transportation improvements in the coming decades. Such an enormous commitment compels us to ensure careful and thorough coordination with land use policy, especially along multimodal corridors that offer transportation choices beyond the automobile. • Cores are districts that contain concentrations of residential areas, employment sites, and other destinations such as retail and cultural facilities. They are further distinguished as regional cores such as Downtown San Jose and Palo Alto/Stanford, county cores such as Downtown Mountain View and Gilroy, or local cores such as San Jose's Willow Glen or downtown Los Gatos. • Corridors are linear in shape, are centered on a single street or transit line, and often function as the `spine' of the surrounding community. Examples of corridors include N 1st Street, El Camino Real, Stevens Creek Boulevard, and Capitol Avenue and Expressway. • Station Areas are locations adjacent to rapid transit stations that already serve or will serve as a focal point for new development. 0 MUNN■0 S I* to MIN notown f6IC LGR eweV ON ..; y� 014 7110, 19 a fib -11 r ' M ■[, Technology firms, such as Adobe Systems Inc. in downtown San dose, are increasingly looking to core areas for access to housing, transit, and urban amenities. � •11.11. l � i '" •' � *lk Ground -floor retail complements offices or residential units above, providing convenient services and bringing life to the street. BUILDING BLOCKS FOR CHANGE PRINCIPLE 1. TARGET GROMffH TO CORES, CORRIDORS AND STATION AREAS Focusing growth on cores; corridors, and station areas is about doing more with less. New growth in these areas capitalizes on existing investments in infrastructure, including roads and highways, transit and other public facilities such as water and sewer lines. An added bonus of infill and redevelopment of existing areas is that it can divert growth away from the urban fringe, conserving open space and natural areas. Moreover, focusing growth to these areas may reduce the need for local governments to build—and maintain—costly new infrastructure. Targeting growth to existing core areas uses resources more effi- ciently, makes for more vibrant communities, and relieves develop- ment pressure on outlying Greenfield areas. PRINCIPLE 2. INTENSIFY LAND USE AND ACTIVITIES Compact development is a key feature of places that are vibrant and functional. While not appropriate every- where, higher intensities of uses, strategically placed on less land, particularly in cores, corridors and station areas, create the critical mass of activity that is necessary to cultivate viable transportation options; and ultimately, a sense -of -place. Higher -intensity land uses also help to. make places walkable. Where people can walk, transit thrives; nearby businesses flourish, street and public spaces, come to life. Regardless of the location, high- quality urban design and architecture must accompany planning for higher densities to make these places feel comfortable, attractive, and safe for residents and visitors. Higher densities make efficient use of land, support transit, and bring a range of housing types into the market. PRINCIPLE 3. PROVIDE A DIVERSE MIX OF USES Providing a mix of compatible uses within close proximity of each other can reduce the need for automobile trips and enhance community livability. For instance, when housing, offices, and retail shops are within walking distance, residents and workers can accomplish their daily business without using their cars; and are presented with the option to live near their jobs. A natural consequence is that activities occur all day and Mixed uses bring activity to the street throughout the day, and provide services where people live and work. people start walking around the neighborhood, necessary conditions for creating quality places. A diverse trip type and ridership base also makes all - day transit service more worthwhile to provide. The cores, corridors and station areas represent excellent opportunities for this kind of mixing. PRINCIPLE 4. DESIGN FOR PEDESTRIANS The hallmark of great places is space that feels good to walk through: great places are appealing to people on foot. Therefore, a central principle of the CDT Program is to design for pedestrians. The program focuses on designing the entire built environment, from streets and sidewalks to buildings to civic spaces, as comfortable and interesting human -scale environ- ments. This principle, combined with a diverse mix of uses and high-quality design, helps to create synergies that encourage walking, make transit more attractive, Architectural and urban design styles should reflect and reinforce their surroundings - this image suggest what not to do. and enliven public spaces. tural styles reflect and reinforce the unique character of New developments should be designed to create vibrant walk environments. PRINCIPLE 5. DESIGN IN CONTEXT Design that pays attention to the local context helps communities create a unique identity and establish a coherent, continuous urban fabric. Design in context means that the materials, design details, and archi- 8 _ COMM Ifs TI Y DE51G s` S.T E RON _4 the region and are appropriate for the neighborhood. But not just for buildings; streets, sidewalks, and civic spaces like urban parks, which are the public face of the community, also deserve the same design rigor. Design in context is also about forging connections by paying attention to the physical relationships between buildings, and between buildings and the public spaces that surround and connect them. PRINCIPLE b. FOCUS ON EXISTING AREAS Direct greater attention toward using land already dedicated to the urban fabric more efficiently before consuming additional land in outlying areas. Infill devel- opment, redevelopment, and brownfield sites in cores, corridors and station areas throughout the county are The "Crossings" infill project in Mountain View, converted an underutilized shopping center into a new neighborhood with a mix of housing types in close proximity to transit and shopping. ideal opportunities for accommodating new growth in a way that simultaneously strengthens existing commu- nities and preserves open space. Urban infill allows existing communities to grow organically, project -by - project, creating places of lasting value that continue to mature and improve over time. But sustaining is just as important as strengthening; after-care and mainte- nance programs are as vital as good planning and design for fostering sense -of -place and community. This is especially important with regard to the pedestrian environment, where people interact closely with their surroundings and notice details such as landscaping and pavement condition. PRINCIPLE 7. CREATE A MULTIMODAL TRANSPORTATION SYSTEM Great places are ones that offer a multitude of ways to get around. The county's best response to growing con- gestion is to offer residents and workers the option to walk, bike, or take transit to reach their destinations. A multimodal system means providing facilities for pedestrians and bikes, as well as for cars. Provision of viable transportation alternatives is not about removing the automobile; rather, it is about balancing the needs of all modes. It requires invest- ments to be made that work toward not just a compre- hensive transit network, but also a complementary system of continuous pedestrian ways and an intercon- nected bicycle system. In particular, streets play a central role in the success of a multimodal system; they are not always just for cars. Some roads will give prominence to the automobile and movement of freight, while others will focus on transit service and the pedes- trian environment. The finaloutcome is an intergrated street system that serves all users well, regardless of PRINCIPLE 8. ESTABLISH STREETS AS PLACES In addition to being part of the multimodal transporta- tion system that moves people and goods, streets are the most abundant public space in cities. Indeed, they are an integral part of a community's urban space and Streets can have multiple functions, serving as an extension of the sur- rounding land uses as well as moving traffic. identity, the settings for childhood game -playing, evening strolls, and neighborly chats. Rather than being viewed as just thoroughfares for cars, streets need to also be designed in context with their adjacent land uses. Planning for these multiple purposes requires changing the way we think of streets. It calls for street and street system design that distributes. traffic load among more, skinnier, streets, rather than saddling a few, wide streets with it. This strategy avoids overburdening any single street and allows for better attention to community -oriented` design elements, such as wide interconnected sidewalks, public landscaping and street trees. In urban areas, 25 to 30 percent of land area is typically devoted to streets and another 20 percent to off-street parking. In 2000, approximately 100,000 acres were devoted to streets and parking in Santa Clara County.. Each automobile demands at least 4 parking spaces, 1 at home, 1 of work, one at the mall and one on the roadway. With 1,130,000 cars registered in the County in 2000 plus and estimated 230,000 in -commuters (who need somewhat less than 4 spaces), this translates to about 5 million parking spaces in the county - or over 60 square miles of parking alone! • Providing parking for the cars associated with projected growth by 2020 will require another t i square miles of land - that's equal in area to an entire city the size of Cupertino. their mode of travel.; PRINCIPLE 4. INTEGRATE TRANSIT It is often the case that transit is relegated to the periphery of urban spaces, outside soundwalls or at the edge of high-speed roads. But only when transit is fully integrated with the community can it function effectively. Integration can be achieved either by extending community fabric out to connect with transit facilities, or by bringing transit service directly into the center of the community. For instance, light rail stations can become the heart of a community when surrounded by intense, mixed land uses, well-designed buildings, and high-quality pedestrian pathways. Thoughtful bus stop location and design, combined with signal and roadway improvements that assist operations, can give bus transit the same sense of per- manence and reliability as rail transit. In all cases, integrating transit involves designing for pedestrians In addition to its buildings and streets, a well-designed transit system will be an integral part of a place's identity. and considering the form and location of transit early in the design process. PRINCIPLE 10. MANAGE PARKING Managing parking is a vital component of the CDT Program because it affects both the built environment and the transportation system. Parking is perhaps the single most important element influencing the design of urban areas, taking up enormous amounts of land, and increasing project cost, and constraining project design. The treatment of parking helps dictate the character of a place, determining whether it will feel isolated from adjacent uses, or integrated into a contin- uous urban fabric. Parking is also a strong determining I I 20 CommUNITY D IGN &iRANC12r%DTATinN---� ,;4-F r- r t, PIN- } f wryy : The provision of free parking encourages drive -alone commuting, consumes large tracks of land, worsens air quality, and increases development costs. factor affecting travel mode choice. High parking avail- ability especially when free, promotes drive -alone commuting. A key to realizing the CDT vision is to manage parking in a way that does not dominate mode choice decisions or the built environment: like locating parking to the rear or side of buildings, hiding parking within buildings as shared -use garages, or sponsoring Transportation Demand Management (TDM) programs that make other transportation modes more attractive than driving alone. fAiPLEMENTffJG SES ' PRACTICES "THE SIGNIFICANT PROBLEMS WE FACE CANNOT BE SOLVED WITH THE SAME LEVEL OF THINKING WE WERE AT WHEN WE CREATE® THEM." The ideas and principles embodied in the CDT Program are widely accepted and have few opponents. Developers often state that they would like to build Best Practice -type projects. Yet projects that embrace such principles encounter numerous hurdles in the approval process. Government policies and processes have not kept pace with our new attitudes. A look at our institutional structure suggests five key areas where obstacles to implementing Best Practices exist. Local zoning regulations: Inflexible codes and rigid land use classifi- cations typically encourage low-density, large -lot developments, result in separation of uses, eliminate possibilities for mixed-use, and do not ade- quately recognize special conditions such as proximity to multimodal streets or transit corridors. • Rigid transportation standards: Traffic, engineering and street design standards are based on `peak' usage by automobiles and often; do not make provisions for bicycles and pedestrians. Parking requirements, too, are set for peak use and rarely take into account alternative travel modes that good design can encourage. . Lacy of focus on urban design: Individual buildings and develop- ments are often designed as self-contained "units, with almost no acknowledgement of their surroundings. Without urban design guide- lines, new projects are unable tounite to form a continuous urban fabric. • R,inaxncial and. Regulatory systems: Lenders strongly favor estab- lished models of development, and are often reluctant to finance projects that incorporate new ideas. Also, compliance with certain VTA and member agency policies sometimes precludes application of these princi- ples. As an example, rigid LOS standards preclude higher densities in already built-up areas even if there is high transit use. Procedures to overcome these obstacles can be onerous, costly, and time-consuming. Permitting and approval process Projects incorporating Best Practices features can encounter resistance in the approval process because they do not conform to current zoning regulations. The process of obtaining permission to incorporate Best Practices elements can delay project approvals and increase project costs. - Albert Einstein Photo simulation showing the evolution of a typical shopping center into a transit -supportive mixed use district, Source: Urban Advantage Oil MAKING BEST PRACTICES WORK - WHERE WE GO FROM HERE Finding ways to overcome these barriers are critical for success. Applying Best Practices wherever possible is an important first step but it should be accompanied by system -wide changes in process and priority. First and foremost, we need to consider the land use and transportation link early in the design process, whether in the design of streets, transit facilities, or development projects. Second, we need to incorporate principles into general plans and specific plans throughout the county. And third, we need to create and adopt innovations in zoning, regu- latory, and financial systems as incentives to encourage Best Practices in all new development. VTP 2020, VTA's new long-range transportation plan, calls for fostering "a high quality of life for Santa Clara County's residents, and continuing the health of its economy." While we have seen astounding success in the latter, the former has often eluded us. CDT PROGRAM ELEMENTS • Documentation of Best Practices Principles in a comprehensive manual. • Adoption of the Principles by the VTA Board of Directors. • Adoption of Resolutions of Commitment by VTA Member Agencies, (cities, towns and county of Santa Clara) whereby they pledge to incorporate the Principles and Practices into their planning, design, and approval processes. • Outreach to spread the word about CDT through workshops, presentations, and newsletters. • Updates to the Best Practices Principles and manual to incorporate our evolving understanding of land use and transportation interactions. • Provision of structure and framework that supports VTA's ongoing Transit -Oriented Development, Design Enhancements Program for VTP 2020, and Development Review activities, and other land use efforts. ACKNOWLEDOEMENTS Board of Directors Jane P. Kennedy Vice Chairperson/ Councilmember City. of Campbell Blanca Alvarado Supervisor County of Santa Clara Cindy Chavez Councilmember City of San Jose Pat Dando Councilmember City of San Jose Don Gage Supervisor County of Santa Clara Dena Mossar Councilmember City of Palo Alto Board Member Alternates Francis La Poll Mayor City of Los Altos Jim Lawson Councilmember City of Milpitas Pete McHugh Supervisor County of Santa Clara Joe Pirzynski Councilmember Town of Los Gatos Ken Yeager Councilmember City of San Jose Santa Clara Valley Transportation Authority Peter M. Cipolla General Manager Michael P. Evanhoe Chief Development Officer Carolyn. Gonot Deputy Director, Congestion Management Program Chris Augenstein Principal Transportation Planner, CDT Program Manager, Congestion Management Program Judy Nadler Mayor City of Santa Clara Thomas Springer Mayor City of Gilroy Manuel Valerio Councilmember City of Sunnyvale Forrest Williams Councilmember City of San Jose Ex -Officio Members James T. Beall, Jr. Supervisor County of Santa Clara John McLemore Santa Clara County Cities Association Representative to MTC 00-O.Morw sAw7A C L A R A 04 rMe Valley Transportation Authority - Part of eery trip you take 3331 North First Street San lose, CA 95134-1927 (408) 321-2300 TDD only (408) 321-2330 email: rdt@vto.org 01 /05-3474 2500 G`UIDED AND SELF -GUIDED TOURS, CUP I. I" PRE CUP I. IN THIS DOCUMENT INTRODUCTION 2 GUIDED TOUR SELF -GUIDED TOUR 18 4 WEB TOUR 33 The purpose of this tour book is to showcase examples of planning and development in Cupertino and nearby cities that reflect the Vision and Guiding Principles in the draft General Plan, particularly connectivity; mobility; a balanced community; and vibrant mixed- use businesses and "Heart of the City." Other sources provided to the Task Force support these same notions, such as Smart Growth, the Ahwahnee Principles, Congress for New Urbanism, Valley Transportation Authority and others. PROjECT MOBILI T Y BALANICFi?$ , 7 y CONNUN (I r r s Park Place 0 Mountain View The Crossings Mountain 0 View 933-935 Villa Street Mountain View 348-364 Bryant Street 0 0 Mountain View 939 W. Dana Street 0 0 Mountain View View Street Mountain View Cour de la Ville Los Altos Miramonte Townhernes , Mountain: View The Gateway 01 Campbell Fremont Avenue Los Altos Downtown Los Gatos Willow Glen San Jose Hamptons Cupertino Arioso Apartments Cupertino PROJECT CONNECTIVITY MOBILITY BALANCED VIBRANT MIXED-USE COMMUNITY BUSINESS AND HEART OF THE CITY Astoria Townhomes • 0 Cupertino Orchard Grove Campbell Ainsley Square Campbell Tra Vigne 0 • Cupertino Stevens Creek Village Cupertino • 21672 Granada Avenue Cupertino College Villas 0 Cupertino Campo de Lozano • 0 Cupertino Orion Lane/Wallin Court Cupertino Cupertino Community Services • • Cupertino Baker Park San Jose City Center Plaza • Redwood City Rivermark • Santa Clara Santana Row San Jose Orenco Station • Portland. INTRODUCTION N% Park Place, Mountain View Development Statistics Residential Unit TVDe Number 1 -Bedroom 2 -Bedroom 3 -Bedroom Total Site area (acres) Residential Density Site Parking Commercial Space Size Size 64 56 - 120 89,160 sf 3.2 acres 37.7 du/acre 1.2 spaces/unit 1/220 sf comm. Use 7,050 sf total Restaurant, Personal Services Development Analysis ■ Combines retail with residential uses well and has a strong street presence. ■ Commercial spaces occupied by successful food/services uses. ■ Development blends well with other phases of development and downtown context. 9 - CASTRO STREET 6 GEN ERALPLANGUIDEDTOUR ftp A F i 0 9 - CASTRO STREET 6 GEN ERALPLANGUIDEDTOUR The Crossings, Mountain View Showers Drive Development Statistics Residential Unit Type Number Du/Acre Parking/unit Single Family 102 11 2.7 Townhouses 33 33 1.0 Row Houses 99 38 1.8 Condominiums 128 70 1.0* Total 359 Site area (acres) 7.5 acres x`200 Caltrain spaces in underground garage can also be used by residences at night. Commercial Space Size Use 2,000 sf Restaurant, Personal Services Development Analysis n Transit -oriented development with easy access to Caltrain and VTA buses. New Urbanist design with mix of housing types, emphasis on a strong sense of neighborhood and street presence. o Garages are located to rear of lot or units have alley access for parking. GENERALP'LA GUiDEDTOUR 7 IFORNIA STREET GENERALP'LA GUiDEDTOUR 7 ( U LTI - FAMI LY: Mountain View 933-935 Vida Street Mountain View Development Statistics Residential Units Site area (acres) Residential Density Site Parking 20 units 20,500 sf 38 du/acre 2.3 spaces/unit Development Analysis ■ Development blends well into downtown context. ■ Residential entries have a strong presence on street. BRYANT STREET 8 GEN ERALPLANGUtDEDTOUR H w LL H a OW 348-364 Bryant Street Mountain Vier � r 4 Development Statistics Y Lr } $ Residential '• Units 20 units Site area 22,500 sf Residential Density 38 du/acre Site Parking 2.3 spaces/unit Development Analysi's ■ Example of townhomes in a downtown setting. GENERALPLA NGUIDED-TO lR 9: F, m /ao-Nib, RIM"MW re W s m r. t a O-. 0 4 R g View St. Mountain View Development Statistics Residential Units Site area Residential Density Site Parking 7 units 28,500 sf 11 du/acre 2.5 spaces/unit ® Development blends well with downtown neighborhoods. ® Residential entries have a strong presence on street. ® Garages are located to rear of lot. View Street GENERALPLA GUIDEDTOUR 11 Coeur de la Ville, Los Altos Second Street Development Statistics Residential Units 12 units Residential Density 39.6 du/acre Development Analysis ■ In the downtown. ■ Includes two below market rate units. Lincoln P,7 k IDOin .1 t W ft G iJJ VallooI "� C 12 GENERALPLANGUI.DEDTOUR W Edith AL N Mirarnonte Townhomes, Mountain View Development Statistics Site area 1.83 acres Site Parking 145 total Residential Units 21 units Residential Density 21 du/acre Commercial Space Size Use 27,300 sf Office Development Analysis n, Example of mixed-use commercial -and' residential project on a busy street (EI Camino. ReaL). -1- ---------- ELCAUMPEAL GENI EIZALPLANGUIDED-TOU R 13 The Gateway, Campbell Development Statistics Site area 0.74 acres Site Parking 1 space/unit (non -dedicated with commercial parking available in the off hours). Residential Units 20 units Residential Density 27 du/acre Commercial Space Size Use Retail, restaurant, office Development Analysis ■ Example of mixed-use in a downtown context. 14 GENERALPLANGUIDEDTOUR Downtown,, Los Gatos Development Analysis ® While Cupertino does not expect to have a downtown like Los Gatos, this example does how how residential can be located above retail and restaurant uses. T!-,.72r- 1j. >1j qI 7z r.: G'ENE'RALPLANGUIDED` OUR M {.: YAC Los Altos Fremont Avenue,, Los Altos Development Analysis • Example of traffic calming • Wide street was modified with a landscaped median '101 Lisp Ln % g . ilk ._y..._ -.-- �...-�--' L - . �� .......... 2002 Navigation Tis 1000 ft E) :."W 3 Yahoo! 16 GENERALPLANGUIDEDTOUR or Nroe, "t Willow Glen,.. San 3ose Development Analysis ® Four [ane road that functions successfully as a downtown. GENE RALPLANGUIDED-TOU R 17 Sim .. F=.qr 0.0 0.5 mi 'J& N 18 GENERALPLANGUIDEDTOU R Hamptons,, Cupertino N. Wolfe Road and Pruneridge Avenue Development Statistics: Residential Units 342 units Site area 13.4 acres (gross) Residential Density 25.5 du/gr.acre Site Parking 1.96 spaces/unit Development Analysis n Note the large lawn, area, which: gained park credits for the developer. GENE RALPLANSELF-GUIDEDTOUR 19 Arioso, Cupertino N. Wolfe Road and Pruneridge Avenue (behind Hilton Garden Inn) Development Statistics Residential Units 201 units Site area (acres) 7.01 acres (gross) Residential Density 28.7 du/gr.acre Site Parking 2 spaces/unit Development Analysis ■ Example of newer apartments in Cupertino. exat Dice e! NU=W& to a PtOLPIR ROAD IL 20 GENERALPLANSELF-GUIDEDTOUR Astoria, Cupertino Imperial Avenue Development Statistics Residential Units 56 units Site area 4.15 acres (gross) Residential Density 13.5 du/gr.acre Site Parking 3.17'spaces/unit Development Analysis ■ Live/work_units along; Imperial Avenue:. ■ Minipark at rear. ■ Trail connection through project,, connects to McClellan Road via Honeywell site. j 4 W. E111- � a �' � .. i .7!�E�.:....«i eu _ � � � � '+� _ ..'' � fi •ma=r — i . � i �� ` �`�` Y R '.� St. `9i 1"� iii �� ,i„ �-• .�- GENERALPLANSELF-GUIDEDTOUR 21 Orchard Grove, Campbell Civic Center Drive and Campbell Avenue Development Statistics Residential Units 20 units Site area 1.8 acres (gross) Residential Density 11 du/gr.acre Site Parking 3.5 spaces/unit Development Analysis 0 Live/work units. rM z IF,-] F CC ri JI'L-- MCanipbell L Budd Ave Q ii 22 GENERALPLANSELF-GUIDEDTOUR r 6*Glinc 'I" insley Square,Campbell Civic Center Drive and Campbell Avenue Development. Statistics Residential Units 51 units Site area . 4.25 acres (gross) Residential Density, 12 du/gr.acre Site Parking 2.96 spaces/unit Development Analysis ® Homes have entries and porches facing the street. ® Development fits well into the downtown context. PM srx wAk ��.IM E ERALPL SELF-GUIDEDTOUR 23 TraVigne, Cupertino Stevens Creek Boulevard and Blaney Avenue Development Statistics Residential Units 46 units Site area 2.24 acres (gross) Residential Density 34 du/gr.acre Site Parking 110 spaces total for residential and commercial uses (134 spaces required by code). Commercial Space Size Use 5,355 sf Retail 5,949 sf Office Development Analysis ■ Combines retail and office with residential uses and has a strong street presence. V. 24 GENERALPLANSELF-GUIDEDTOUR c� V tea: m _ i f Stevens Creek Village, Cupertino Stevens Creek Boulevard and Tantau Avenue Development Statistics Residential Units 40 units Site area 1.36 acres (gross) Residential Density 29.4 du/gr.acre Site Parking 1.68 spaces/unit Commercial Space Size Use 4,000 sf Commercial Development Analysis ® Affordable housing units ® Has a street presence. ® Individual residential entries on Stevens Creek Boulevard could relate better to the street and could be more in scale with adjacent developments. STEVERS 4ZR SK BLV'a. GENERALLY LANSELF-CUIDEDTOU 2.5; 21672 Granada Avenue, Cupertino Development Statistics ResidentialL goo _1 Type Number Size r Unit T YP .# d 1 -Bedroom 1 1,044 sq. ft. ..lad Site area (acres) 0.11 acres Residential Density 9 du/gr. acre Parking 6 spaces provided for both uses (10� spaces required by code) Commercial Space Size Use 1,621 sf total Restaurant, Personal Services Development Analysis ■ Mixed-use office and residential. ■ The building blends well with the character of development in Monte Vista. C PARKING 1 ►noes � so- lr�� • n•. 4 f � o e F r+rrs�1 ��`' �•-- � F t L. ! ! OFFICE t - 1 uLWG k. 1 �U1 l a� �a�rtiwe�er N GRAMDA AV£. 26 GEN ERALPLANSEL.F-GUIDEDTOUR College Villas, Cupertino 1006G S. Stelling Road Development Statistics Residential. Units; 8 units Site area 23,179 sq.ft. Residential Density 11 du/gr. acre Site Parking 3.4 spaces/unit Development Analysis ❑ Units have entries facing the street and garages to the rear. • ,�ti b 1 STORY 733:5` � ...�.. , 7 � t x. 21/ST6�R1Y k •�,� ._� u► 2 ST4=Y 2 k �^ 2112 $TU I suit ntNCO s{jtt:ti N& -;i 4 18. s'54 2162- Campo de Lozano, Cupertino Rodrigues Avenue Development Statistics Residential ire Units 8 units Site area 1.0 acres Residential Density 8 du/acre. Site Parking 4 spaces/unit F -. Development Analysis MEW ■ Project includes improvements and access to the wi; Regnart Creek trail. ■ Rear homes face the creek. Ir .....t— —•— ;. r"'..�.«"�'-=}.'i"=fir._. 4• .' ,i 7F— J 4w w . &V lis+i+tlk:1C&ltTui; r t. +�.Si l ' 28 GENERALPLANSELF-GUIDEDTOUR Orion Lane/ 'alfiCourt, Cupertino Development Statistics Residential Units 8 units Site area 3.01 acres Residential Density 2.65 du/acre Site Parking 4 spaces/unit Development Analysis ■ Homes along Orion Lane relate well to neighborood. ■ Trail provided along Regnart Creek, which connects to Orogrande Place. n ^a r � S �� til gd W ` . 10 �r e` m +aF � nm ai'ata s�-i��116"•� .- �.,,,. r 118" �a GE ERALPLANSEL.F-GUIDEDT UR 29 Cupertino Community Services, Cupertino Vista Drive Development Statistics Residential Units 24 units Site area 2.2 acres Residential Density 11 du/acre Site Parking 1.4 spaces/unit Development Analysis ■ Affordable housing units. ■ Mixture of residential and office (CCS) uses. J STEVENS CREEK BOULEVARD 30 GEN ERALPLANSELE-GUIDEDTOUR M Baer Park, San Jose 4748 Campbell Avenue and Fallbrook Drive Development Statistics. Residential Units 98 units Site area (acres) 2.9 acres approx. Residential Density 33.3 du/acre. Site Parking 2.3 spaces/unit Development Analysis ■ Adjacent to a park, an elementary school, and a City community center. ■ Buildings have strong presence on street and are differentiated to add interest to the streetscape. d' i 11ttt,� )o0 Ln GENERALPLANSELF—GUIDEDTOUR 31 MIXED ..0 City Center Plaza, Redwood City Main Street and Middlefield Road Development Statistics Site area (acres) 1.9 acres Residential Units 82 units - Residential Density 43.2 du/acre Commercial Space Size Use 17,11r�--000 sf totai DerstaHFant, Ret-+;lrar , CeRege Extension Development Analysis ■ 100 affordable for low and moderate income residents. ■ Project includes six live/work lofts. Kaiser -=w —"€ Pernnw-nte-Redwood ILI U i f &oado m i nrin ft 32 GEN ERALPLANSELF-GUIDEDTOUR nor r f A► rr f N f. GE ERALPLANSELF-GUIDEQTOUR 33 R verma rk, Santa Clara Development Statistics Site area 152 acres Residential Units 1830 for -sale and rental Commercial Space Size Use 136,000 sf total Grocery, Restaurants, Personal Services Development Analysis ■ Traditional neighborhood retail center and a main street promenade consisting of housing, shops and restaurants. • Development includes a fire station, library and a K-8 school. ■ A trail system connects to the Guadalupe River Trail and pocket parks throughout the community. httD: / /www.centexhomes.com/San-Francisco/N44352._as http://www.rivermark.net V MASTER SITE PLAN 34 GENERALPLANWEBTOUR i Santana Row,. San Development' Statistics Site area 40 acres Residential Units 1200 rental Commercial Space Size Use 680,000 sf total Bookstore,, Retail, 213 -room Hotel, Boutiques Restaurants, 6 -screen Theater Development Analysis ■ An urban development featuring a combination of retail, hotel, theater and high-end residential. units. ■ Main street promenade consisting of housing, shops and restaurants. ■ A trail system connects to the Guadalupe River Trail and pocket parks throughout the community. http://www.santanarow.com http://www.interiandusa.com/SantanaRow.htm GENERALPLANSELF-GUIDEDTOUR 35 &U-1.710"Y'VOlo I .h �A.+�i �.. Nor• Downtown, Walnut Creek The heart of the downtown area is zoned for pedestrian -retail creating a strong and well integrated retail core. The BART station area is zoned for mixed use; the city encourages high density housing (up to 80 units/acre) and office development here to promote the use of BART. The city encourages development of affordable housing by offering incentives for developers. A free city -funded shuttle bus transports people around the downtown area, to the BART station and to local office parks, in an effort to make the area accessible without a private automobile. The city prepares specific plans for the downtown area to determine the best use for an area. http: / /www.waInutcreekdowntown.com/index. html http: / /www.waInutcreekrea[estate.info/dtn.htm http: / /windowshopusa.com/ http://www.diabtomag.com/0l!09/feature1c.htm WALNUT CREEK MAO 10:141" r Pt- *,% Mrr. Vw.wrYrv.'Yri4 1,w mfr lit I�M�V+F Ip.*w14,.M Iww..nw i IMy�YrW. MY.w M 1►tlM�l W. Now �C= 36 GENERALPLANWEBTOUR Orenco Station,, OR Demetoprnent Stat Mfics Site area 190 acres Residential Units 1400 rental 450 for -sale Commercial Space Size Use 65,000 sf total Retail, Office, Restaurants Development Analysis ® Development is adjacent to a. light rail stop. ® The main street is designed with brick facades, bay windows and balconies creating a strong urban enclosure. ® Homes are closer to the street and feature detailed Craftsman and English Cottage exteriors and front porches ■ Recreational areas consist of a large central park and many pocket parks. http: / /www.orencostation.com A ,' S'Ingle Family ax a. Homes t �. b. Sates Center; "s Y4 Mew#�Yi P'ii1k;K- � Tiovm CENTER SHOPS GENERALPLANSELF-GUlDEDTOUR 37 Congress for New Urbanism www.cnu.or Local Government Commission www.lgc-ori 38 GENERALPLANWEBTOUR General Plan (GP) Process lissue';Alternative PC, e Administrative — �� Pu�ii� i �i �ii� Public He6dng _..._�_ .... Rei .- OP L�ri GP — P Drab com OMS pac Enitai �i��t�i 1 L i ... .. Repa t _ ®ui�uii Pubar ngs 01hii P The sates and times are: Tuesday, March 2, 3:00 - 6000 PM (Public testimony, Council direction) t ^� CITY OF CUPERTINO -Of Co-Ifte FI Section 1., What's Happening withthe • eneral Plan VVha't* is the General Plan What has happened so far What is happeningnow What happens next Hove to stay involved Section 2 Vision. for Cupertino' Section. 3. Implementing the Vision L;arLT e. Hb— 'meg Circulation Environmental Iles®urces %sustainability. Health and Safety. List of Exhibits'. Exhibit 1 = General Plan Meetings and Dates do i CITY OF CUPERTINO DRAFT, GENERAL PLAN WHAT'S HAPPENING WITH THE GENERAL PLAN The theme of the revised General Plan is "Building Community." All General Plan policies should serve that concept. The proposed General Plan's new and retained "big ideas" are described in this Briefing Book. Most of the new "big ideas" can be viewed as improvements to the quality of life in Cupertino, such as providing more neighborhood planning, parks and trails and environmental protection. One of the proposed changes is to de-emphasize commercial and office/ industrial growth potential and emphasize residential potential. Most of the existing General Plan's "big ideas" have been retained. WHAT HAPPENS NEXT Following the City Council/ Planning Commission study sessions, the Draft General Plan and Environmental Impact Report will be released and public hearings will be scheduled before the Planning Commission and City Council. Meeting dates will be published on the Cupertino web site (www.cupertino.org). Documents will be available for purchase or review at the Planning Department and for review at the library. 6 CITY OF CUPERTINO DRAFT GENERAL PLAN HOW TO STAY INVOLVED Community participation is important in planning the City's future. General Plan notices will be published in the newspaper prior to public hearings, and will be posted on the web page. A mailing list is also maintained by the Planning Department. Any interested person may address the Planning Commission and City Council in writing prior to the public hearings or by speaking at the public hearings. Contact the Planning Department at (408) 777-3308 or planning@cupertino.org for further information. Section 2 Community Vision CupertinO aspires to be a balanced community with accessible hillsides and creeks, quiet, attractive residential neighborhoods, exemplary parks and schools and a vibrant, mixed-use "Heart of the City." The City will be safe, friendly, connected, walk -able and inclusive for all residents, with ample places and opportunities for people to interact and recreate. BUILDING COMMUNITY The underlying purpose of the General Plan is 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 and play. The Guiding Principles, goals, policies and. implementation strategies are all aimed at achieving this objective. CITY OF CUPERTINO DRAFT GENERAL PLAN 7 COMMUNITY VISION GUIDING PRINCIPLES The General Plan is based on twelve guiding principles that will build a complete and integrated community in which to live, work, learn or play. The policy structure of the General Plan elements directly supports and implements these principles: I. Neighborhoods. Neighborhoods must be safe and attractive and "full-service," with convenient access to parks, schools, trails, bicycle paths and nearby shopping facilities. They should have identifiable edges and centers anchored by open space located on park sites or schools. 2. Health and Safety. Great communities are healthy, safe and secure for people and property. Safety measures include conventional police, fire, paramedic and health services; disaster planning, safe buildings and site design with eyes and ears oriented to the public streets, neighborhood watch programs, protection from natural hazards including earthquakes and landslides and an ample supply of safe, well-designed parks, open space, trails and pathways. 8 CITY OF CUPERTINO DRAFT GENERAL PLAN 3. Connectivity. Connecting people and neighborhoods is a major challenge facing cities interested in enhancing the sense of community. Safe trails, paths and sidewalks, and streets with traffic calming measures weave the community together and enhance neighborhood pride and identity. 4. Mobility. The ability to move about safely and efficiently must include a variety of travel modes to accommodate all of the city's residents, so a child is able to walk or bike safely to school, a senior citizen can access bus lines and a commuter can rely on the regional highway, bikeway and transit system to get to work. Streets, pedestrian paths and bike paths should comprise an integrated system of fully connected and interesting routes to all destinations. Bus stop at Vallco Fashion Park 5. Balanced Community. Great communities are multi -dimensional places where people of all income and age groups reside, with a full range of land uses including local shopping, education, employment, entertainment and recreational options. They offer residents a full range of housing choices to accommodate changing housing needs of a demographically diverse population and include housing, jobs and daily needs that are within easy walking distance. 6. Vibrant, mixed-use businesses and "Heart of 4P the City." Great communities have. a well- defined edge and a geographical center that the community is drawn into. Commercial districts must be vibrant, attractive, friendly and comfortable with inviting pedestrian spaces and personal services that meet the daily needs of residents with "people - activated" spaces including coffee shops, bookstores, restaurants and movie theaters, and personal services such as laundries and hair salons. 7. Attractive Community Design. Cupertino A prides itself on maintaining attractively designed buildings, landscapes, and COMMUNITY VISION The Oaks Shopping Center beautiful streets and parks that enhance and complement the overall community fabric. Buildings should frame the street and . landscaping should be designed to offer relaxing, intimate pedestrian spaces. 8. Diversity.' Cupertino embraces and celebrates 'ft its diversity and seeks to offer a range of programs that meet the needs of the full spectrum of demographic and age diversity in Cupertino. The city will enhance equal opportunities for all of its residents, despite age, cultural or physical differences. 9. Education and Technology. The educational system in Cupertino has an international reputation for high achievement and excellence. Quality facilities and programs that enhance learning (schools, libraries, book CITY OF CUPERTINO DRAFT GENERAL PLAN 9 COMMUNITY VISION Cupertino Village Shopping Center stores, internet infrastructure) are essential to maintaining and enhancing the community fabric and identity. Cupertino seeks to enhance the cultural activities with a new library and community hall. 10. Environment and Sustainability. Cupertino seeks to enhance or restore creeks and hillsides to their natural state, limit urban uses to existing urban areas, prioritize sustainable concepts encouraging environmental protection, recycling, conserving resources and minimizing waste while preserving the natural terrain, drainage and vegetation. 11. Fiscal Self Reliance. Cupertino City government will strive to be fiscally self-reliant to ensure the continued ability to deliver 10 CITY OF CUPERTINO DRAFT GENERAL PLAN essential high-quality municipal facilities and services to its residents. 12. Responsive F-� Leadership. in development partnerships government residents. Government and Regional The city is committed to of community leadership, local an active populace and making more accessible and visible to Section 3 Implementing The Vision POLICY 2-2 POLICY 2-53 POLICY 2-63 POLICY 2-68 POLICY 2-70 POLICY 4-3 POLICY 2-5 POLICY 2-21 POLICY 2-22 POLICY 4-7 LAND USE called for, including determining if New Big Ideas special street widths, sidewalk requirements or light fixtures are ,`fll Community Connections desirable for any neighborhoods. Promoting community connections is a new emphasis in the land use element, and is carried over into the circulation element. Connections between different land uses are achieved through mixed-use development, bicycle and pedestrian paths between neighborhoods and public paths within new, developments. Neighborhood Planning Planning for distinct neighborhoods is proposed. Existing distinct neighborhoods — Monta Vista, Oak Valley, Fairgrove - are recognized. Identification and planning for additional unique neighborhoods is The City puts up a sign for the Fairgrove Eichler neighborhood Revised Development Allocation 4V The physical form of. the City results largely from the development and ME design regulations established in the General Plan. Development potential is established in the General Plan. Development is allocated to Special Centers, as shown in Figure 1, except for the neighborhood residential development allocations that occur citywide. Figure 2 shows the maximum proposed building heights. Table 1 shows the existing development distribution and compares the development potential of the current General Plan with that of the proposed General Plan. Development in the proposed General Plan is allocated to specific special centers. Allocations are flexible and may be redistributed from one geographical area to another if necessary. CITY OF CUPERTINO DRAFT GENERAL PLAN 11 POLICY 2-20 Ma�,z IMPLEMENTING THE VISION , i --- ----- ........ 7 l ` QOffice /industrial 1990 Built High Density Residential Existing General Plan Educational Commercial Area (S .Ft.) Neighborhood Commercial Corridors Commercial 44441 4,431,000 W. Monta Vista AEea -Office /Industrial Area (S .Ft.). Neighborhood Commercial Center Subject to Heart of the City 9,428,000 Design Guidelines Hotel Rooms 1 e * * * *Urban Edge 411 Hillside Transition 1,578 _... City Boundary 17,460 --- Urban Service Area Boundary 22,369 Sphere of influence — — Boundary Agreement Line Unincorporated Areas =_-•-- Freeways and Expressways 0.s I11100 am 3000 Feet 0 ears loon at rrxs t N110 Oniony Residential and Community Form Ti. C117 if Th Cal dsimmre4 ..� I.m Aft. ` *WKTIAD Roan North De Anza �`�..� , ;T "Aoyf1,4 Light Industrial and 4K G Residential Mixed Use Vailco Regional Vallco Commercial, Light Industrial "�► Crossroads Area Entertainment R&D and Commercial and Residential iti and Residential a Residential ` Mixed Use LL Mixed Use Monta De Anza Vista College A .terata» 7 Bubb Road Light Industrial and Residential Mixed Use ` /14 ** Fc� meow i rnrE i L / $TEVFN$ CREEK BLVD ¢ Mixed Use Civic, Stevens Creak Wvd. Office, Commercial Neighborhood and Residential Commercial, Office and Residential �f p—oaWAA 0-0 - F Tie O y d S— Jar South De Anza Neighborhood Commercial / Office Corridor and Residential FIGURE 1- COMMUNITY FORM TABLE 1- DEVELOPMENT POTENTIAL 12 CITY OF CUPERTINO DRAFT GENERAL PLAN 1990 Built 2000 Built Existing General Plan Proposed General Plan Commercial Area (S .Ft.) 3,359,000 3,317,426 4,431,000 4,174,136 -Office /Industrial Area (S .Ft.). 7,457,000 8,325,312 9,428,000 9,320,005 Hotel Rooms 1 277 411 1,027 1,578 Residential Units 1 17,460 20,032 22,369 24,647 12 CITY OF CUPERTINO DRAFT GENERAL PLAN Maximum Building Heights The City of The City of Sunnyvale Los Ahos HOMESTEAD ROAD.771L i i7T 71 "J— �.Z "A z. ..... lir, ,IIS Fo 14' NkCLELLAN OA It m ------------------- - -------------- . ...... J, 3 IMPLEMENTING THE VISION Setback Ratios Maintain the primary building bulk below a 1:1 slope line drawn from the arterial street curb line or lines exceptfor the Crossroads and Valloo, areas. For the Crossroads areasee the Crossroads Streetscape Plan. For the Vallco area: For buildings up to 60 feet in height, maintain the primary building bulk below a 1.51 slope line drawn from the Stevens Creek Blvd, Homestead Road and Tantau Avenue curb lines and below 1:1 slope line drawn from Wolfe Road curb line. For buildings over 60 feet in height, maintain the primary building bulk below a 2:1 slope line (i.e, 2 feet of setback for every 1 foot of building height) drawn from the Stevens Creek Blvd., Homestead Road and Tantau Avenue curb lines and below a 1.5:1 slope line drawn from Wolfe Road curb line. The City of Santa Clara ... ........ ENS CREEK BLVD T Ji -r-" CIN IJ Building Heights Residential setback 30 Feet to be determined . ..... 30-4S Feet Rooftop mechanical 30 Feet adj. to res. equipment andutifity structures may exceed 4S Feet/ stivulatedheight 55 Feet wlexcep. ri,,grations if they are 55 Feet enclosed, centrally located on the roof and not visible from 60 Feet adjacentstreets. 60 Feet Typical +60 Feet for Gateway Areas City Boundary — — — — Urban Service Area Boundary Sphere of Influence Boundary Agreement Line ............ .... Unincorporated Areas ................. . n as I Mile 1000 2000 3000 Feet 0 sce. 1000Meters CITY OF CUPERTINO DRAFT GENERAL PLAN 13 *City Center Park BOLLINGER RD T Ji -r-" CIN IJ Building Heights Residential setback 30 Feet to be determined . ..... 30-4S Feet Rooftop mechanical 30 Feet adj. to res. equipment andutifity structures may exceed 4S Feet/ stivulatedheight 55 Feet wlexcep. ri,,grations if they are 55 Feet enclosed, centrally located on the roof and not visible from 60 Feet adjacentstreets. 60 Feet Typical +60 Feet for Gateway Areas City Boundary — — — — Urban Service Area Boundary Sphere of Influence Boundary Agreement Line ............ .... Unincorporated Areas ................. . n as I Mile 1000 2000 3000 Feet 0 sce. 1000Meters CITY OF CUPERTINO DRAFT GENERAL PLAN 13 IMPLEMENTING THE VISION Commercial development: Commercial square footage decreased by approximately 42,000 square feet between 1990 and 2000, as shown on the previous table. Several large and a number of small commercial demolitions occurred, which were not offset by new commercial development. The proposed General Plan commercial buildout is less than the current General Plan allows. This is due to the unrealized potential for commercial development and the interest in allocating more development potential to residential rather than non-residential development. Office development: Office development increased by approximately 758,000 square feet between 1990 and 2000, with the largest developments being Hewlett-Packard and Symantec (now Portal). Office potential is slightly decreased in the proposed General Plan. Hotel development: Hotel development increased by 134 rooms between 1990 14 CITY OF CUPERTINO DRAFT GENERAL PLAN and 2000 with the addition of the Hilton Garden Inn. The Cypress Hotel is counted in the proposed General Plan buildout figure of 1,578 rooms, because it was not built in 2000. Many of the remaining hotel rooms are committed to the Vallco area, through the Vallco Development Agreement. The number of allowed hotel rooms appears to have increased from the existing General Plan, but only because the Vallco committed rooms were not counted in the existing General Plan buildout. Residential development: An increase of 2,278 housing units is proposed above the existing General Plan buildout. All of that increase will occur in the Special Centers (e.g., Vallco, Homestead, and North De Anza Boulevard). The maximum proposed density is 35 dwelling units per gross acre, except for the Homestead Center, which is 50 units per gross acre, as previously approved in the existing General Plan. The residential buildout in the neighborhoods will not increase. POLICY 2-19 Jobs/Housing Balance Improving Cupertino's jobs/housing balance has been addressed by providing significant incentives for mixed-use development. The proposed base floor area ratios are 0.15 in all non- residential planning areas, so property owners will need to receive allocations for additional square footage and may choose to include housing as part of a mixed-use development. The jobs/housing balance also is enhanced by requiring major new or redeveloped office /industrial projects to include housing at a ratio of two dwelling units for every 1,000 square feet. (This is based on an estimate of 3 employees per 1,000 square feet and 1.5 employees per household, resulting in 3 employees needing 2 housing units.) The jobs/housing balance of the proposed General Plan is 1.8 jobs for every household. IMPLEMENTING THE VISION Pedestrian -friendly Crossroads Area The Crossroads Area Streetscape Plan, which is undergoing separate 1 consideration, is linked to the General Plan policies that enable and support the Streetscape Plan. The Plan envisions a unique streetscape and shopping district on Stevens Creek Boulevard between De Anza Boulevard and Stelling Road, with retail buildings along wide sidewalks and residential uses above or at the rear of the property. The maximum height allowed is increased from 45 to 55 along Stevens Creek Boulevard to allow for pitched roofs. The height adjacent to residential areas is 30 feet. Vallco Area Street Orientation, Pedestrian Linkages Vallco Fashion Park is proposed to be integrated into its surroundings by relating development to the street and providing connections to adjacent office/ industrial uses. Hotels, housing and entertainment activities are highly CITY OF CUPERTINO DRAFT GENERAL PLAN 15 POLICY 2-3 POLICY 2-27 POLICY 2-28 POLICY 2-30 IMPLEMENTING THE VISION encouraged. The mall has a development agreement, which expires in 2006, that allows an additional 535,000 square feet of commercial/ office space. New office development east of Wolfe Road must be associated with two housing units for every 1,000 square feet of office space. Office square footage available to Vallco Park is approximately 227,000 square feet north of I-280 and 384,000 square feet south of I-280. Homestead Road Mixed -Use Area POLICY 2-31 Any additional commercial development in this area would trigger a plan to include residential uses in the proposal. High density residential potential was already approved in the Villa Serra area. Public Art Requirement POLICY 2-62 As a result of a recommendation from the Fine Arts Commission, a 1% set aside of a project budget for on-site public art is proposed. An ordinance 16 CITY OF CUPERTINO DRAFT GENERAL PLAN would be adopted to implement this policy. 3 Revised Park Acquisition Strategy The acquisition strategy is to require park dedication when development is proposed in park deficient areas. These are the Rancho Rinconada, Vallco and Homestead/Stelling areas. Blackberry Farm will transition to serve more Cupertino residents, and school playing fields will be preserved for recreational uses. Blackberry Farm Future Uses Currently Blackberry Farm is not counted toward park acreage, since it does not primarily serve the community as a recreational resource. The future use of Blackberry Farm is proposed for study through the Blackberry Farm Master Plan process. This will include discussion of the restaurant/bar use at the golf course. POLICY 2-76 POLICY 2-77 POLICY 2-64 Public and Quasi Public Uses POLICY 2-84 The existing General Plan requires a General Plan amendment if a public or quasi -public activity is proposed in a zoning district not zoned for these uses. This is an inefficient process, especially for quasi -public uses like small churches and daycare centers. A policy is proposed that allows public and quasi - public activities in commercial and office land use categories with zoning and use permit review based on two criteria: 1. The proposed project must have similar building forms, population, traffic, noise, and infrastructure impacts as the existing land use categories. 2. It must maintain a commercial interface in commercial designations. Retained Big Ideas Long Term Growth Boundary POLICY 2-9 The long-term growth boundary contains Cupertino development within IMPLEMENTING THE VISION Attractive Building and Site Design the existing urban service area. The only changes in boundaries that are anticipated are through annexations of unincorporated islands and by defining more logical boundaries with adjacent cities. �o! Attractive Buildings, Sites and Streetscapes (retained with increased emphasis) Attractive design is encouraged, POLICY 2-14 including articulation of wall and roof planes, pedestrian -scaled building details, high quality architecture and y CITY OF CUPERTINO DRAFT GENERAL PIAN 17 IMPLEMENTING THE VISION materials, and the relationship to the neighborhood for residential development. g3Economic Development (retained with increased emphasis) POLICY 2-38 Economic development policies convey THROUGH Cupertino's interest in being responsive POLICY 2-43 to local businesses and to seek opportunities for interaction with them. Office uses that generate revenues to the City, such as local sales offices, are encouraged. Apple Computer, Hewlett Packard and Vallco Fashion Park will have potential for additional development, for example. Hillside Protection POLICY 2-44 Policies to protect the hillsides are THROUGH retained, including limiting POLICY 2-49 development on ridgelines, hazardous geological areas and steep slopes. Clustering development in major hillside subdivisions (in the 5-20 slope density designation) is required. 18 CITY OF CUPERTINO DRAFT GENERAL PLAN Historic and Cultural Resources Archaeologically sensitive areas and POLICY 2-58 heritage trees are protected. Public art is THROUGH promoted. POLICY 2-62 Neighborhood Parks The neighborhood park program is POLICY 2-69 maintained and enhanced with policies POLICY 2-76 regarding retention of school sites as POLICY 2-78 recreational resources. The ratio of 3 acres of park per 1,000 population is retained. The proposed General Plan provides for more than enough parkland at this ratio, if all types of parks are counted. Trails (retained with increased emphasis) Trail connections are emphasized in the POLICY 2-68 proposed plan. The Cupertino Pedestrian Transportation Plan is referenced for implementation. POLICY 3-1 HOUSING New Big Ideas Additional Housing Units to Improve 4't Jobs /housin Ratio The existing housing element was adopted in October 2001, to comply with ABAG's estimated new construction need of 2,325 units between 2001 and 2006. The proposed General Plan allows for 2,278 units above the ABAG units, for a total of 24,647 units at buildout. All of the additional units are located in the Planning Districts as shown in Figure 3 on the following page.. Neighborhood residential growth is not increased over that allowed by the existing General Plan. Incentives for construction of residential development are described in the jobs/housing balance section above. Mixed-use development and requiring a residential component in new office. development are envisioned as the means to achieve the additional residential growth. The maximum density allowed is 35 dwelling units per gross acre, which is no more than three IMPLEMENTING THE VISION. stories, except for the Homestead area, which was previously approved for a maximum of 50 units per gross acre and up to four-story building heights. Retained Big Ideas Adequate Sites to Meet ABAG Estimated New Construction Need The ABAG requirement for 2,325 units between 2002=2006 is retained, as mentioned previously. Housing Mitigation Plan New office and industrial developments pay an affordable housing fee, and residential projects of 10 or more units are required to have 15% Below Market Rate units. Cupertino Community Services CITY OF CUPERTINO DRAFF GENERAL PLAN 19 POLICY 3-1 POLICY 3-2 IMPLEMENTING THE VISION Housing Allocation The City of j The City of sunnysale Us Abs NOW �_. Home stead Vallco Park a 0 North ` E North De Anza Blvd. %g i The City Of va11col, Santa Ctma Park m �' f �% Menta Vista4 � +• � � Heart Ot the city ck�r coater Bubb Road -- --� / .r` y -....... The C8y o/ San low t � Steen C.0 FIGURE 3 — HOUSING ALLOCATION 20 CITY OF CUPERTINO DRAFT GENERAL PLAN Affordable Housing Fund The City's Affordable Housing Fund provides financial assistance to affordable housing developments in Cupertino. Density Bonus Program The Density Bonus Program provides a density bonus and additional concessions for developments of 6 or more units that provide affordable housing for families and seniors. Housing Rehabilitation Program This program provides financial assistance to eligible very low and low- income homeowners to rehabilitate their housing units. POLICY 3-2 POLICY 3-5 POLICY 3.5 ---- Planning District Housing Units Monta Vista 142 Vallco Park South 700 Heart of the City 619 I� City Boundary --- Homestead 705 - --- Urban Service Area Boundary City Center 495 North De Anta Blvd. 300 -- Sphere of Influence ® Vallco Park North 303 —"— Boundary Agreement Line Bubb Road 81 ! Unincorporated Areas Undesignated 100 0 0.5 TOTAL UNITS 3,445 1 Mie 0 1000 2000 3000reet t� 0 500 1000Mete,s g FIGURE 3 — HOUSING ALLOCATION 20 CITY OF CUPERTINO DRAFT GENERAL PLAN Affordable Housing Fund The City's Affordable Housing Fund provides financial assistance to affordable housing developments in Cupertino. Density Bonus Program The Density Bonus Program provides a density bonus and additional concessions for developments of 6 or more units that provide affordable housing for families and seniors. Housing Rehabilitation Program This program provides financial assistance to eligible very low and low- income homeowners to rehabilitate their housing units. POLICY 3-2 POLICY 3-5 POLICY 3.5 CIRCULATION New Big Ideas Increased Emphasis on Pedestrians and Bicyclists POLICY 4-3 Implementation of the Pedestrian and Bicycle Plans is called for. Pedestrians should be given ample time to cross streets at signaled intersections. To enhance walking, reduction of through traffic lanes on streets with four or more lanes should be considered. Different road improvement standards will be designed to suit the areas or neighborhoods served. For example, rural and semi -rural road improvement standards would typically not have sidewalks. Urban standards may include wide sidewalks and on -street parking. Traffic calming POLICY 4-12 Traffic is discouraged from using local neighborhood streets by employing traffic calming measures. Traffic management plans will be developed for neighborhoods affected by unacceptable levels of through traffic. IMPLEMENTING THE VISION Retained Big Ideas Participation in Regional Transportation Planning and Public Transit Cupertino will continue to participate in POLICY 4-1 the Congestion Management Plan. Regional planning includes continued support for bus and rapid transit service. Rapid transit is shown 'along Stevens Creek and De Anza Boulevards, although implementation is not programmed or funded. „ nq Encouraging Alternatives to the f Automobile Carpooling, Transportation Systems POLICY 4-2 Management programs and telecommuting are promoted as alternatives to the automobile. CITY OF CUPERTINO DRAFT GENERAL PLAN 21 IMPLEMENTING THE VISION Levels of Service A B Level of Service at Selected Signalized Intersections (see table 4-2 for exact description of intersections) Morning Afternoon Existing Existing 2000 /_ '\ 2000 Projected \ r Projected L 2020�� 2020 iMorning Afternoon I ( I 0 O's 1 Mile _ I 0 1000 2000 3000 Feet 1000 Meters I 0 S00 FIGURE 4 - INTERSECTION LEVELS OF SERVICE 22 CITY OF CUPERTINO DRAFT GENERAL PLAN Maintaining Level of Service (LOS) D except for E+ at Three Intersections to Accommodate Crossroads/Heart of the C— 4 (retained but modified to accommodate pedestrians) This traffic level of service is retained as the standard in the proposed General Plan. LOS D is described as "approaching unstable flow, high congestion (tolerable delay)." Traffic modeling for existing 2000 traffic and traffic for the proposed General Plan shows that none of the existing or future intersections are projected to be less than LOS D- as shown in Figure 4. POLICY 4-5 IMPLEMENTING THE VISION ENVIRONMENTAL RESOURCES/ Retained Big Ideas SUSTAINABILITY Su ort For Minimizing Air Quali New Big Ideas Im acts (retained and modified to A# Sustainability prohibit use of wood burning fireplaces POLICY 5-1 Promoting sustainability is a significant, in new construction.) new policy direction for the General This may include the provision that Plan. Sustainability incorporates Smart wood -burning fireplaces certified by the Growth principles advocated by the Environmental Protection Agency are Association of Bay Area Governments allowed. (ABAG) and many Bay area cities in Protection o ection Of Natural Areas their plans. Sustainability is based on the perception of the community as a Sensitive areas are protected. Clustering holistic system, where people are development away from sensitive areas, inescapably related to the community's such as riparian corridors, wildlife natural resources and other habitat and corridors, public open space environmental conditions. Sustainable preserves and ridgelines is encouraged. planning integrates and balances environmental decisions with economic Protection of Water Resources retained considerations and recognizes the with increased emphasis) symbiotic relationship between the In recent years water management natural environment, the community emphasis has shifted away from supply and the economy. side efforts such as the creation of dams POLICY 5-2 Policies require or encourage the use of and reservoirs to water conserving and POLICY 5-3 alternative energy sources, such as solar efficiency technologies, used in energy, use of sustainable construction planning, design and construction of materials, energy efficient buildings, sites, buildings and land uses. The fuel-efficient vehicles and staff and proposed General Plan emphasizes public training and education. controlling urban storm runoff through CITY OF CUPERTINO DRAFT GENERAL PLAN 23 POLICY 5-4 POLICY 5-5 POLICY 5-8 THROUGH POLICY 5-14 POLICY 5-19 THROUGH POLICY 5-37 IMPLEMENTING THE VISION the reduction of impervious surfaces and detaining storm runoff on the site of new development. Retaining and restoring natural watercourses is also called for. POLICY 5-38 Reduction of Solid Waste Stream THROUGH (retained with increased emphasis) POLICY 5-44 Greater emphasis is placed on recycling in the proposed General Plan, including reuse of building materials. 24 CITY OF CUPERTINO DRAFT GENERAL PLAN POLICY 6-1 IMPLEMENTING THE VISION HEALTH AND SAFETY Retained Big Ideas ' Seismic/ geological Review of Development Proposals, (retained and modified with a simpler hazard zone system) Designations of Cupertino's seismic and geologic hazards have been simplified. The type of �- S - _ i z t ca; G etsmac an Geo Hazards LEGEND Hazafdzones: r f , F .Fault Rupture F . , �'. _, .� � - � • .i r rT t r�J ( _ __.m_ �- L_..d seismic Ground Deformation vl^ Landsiiding ~ EE ff, inundation Liquefaction r z H Hillside SeeTabk6-Af6fa Valley descripdonofrhe # 1 sreveus ca[eK s:vo/ taws Fault -•-- Urban Service Area Boundary l ` �' �• / - ! �r --- Boundary Agreement Line\1D `�i� •+ ��,_� J. muautnu i! < �.v . \\ lei r n 1 _ ') ....-.. _......_ ._ . - r mn n a ouu e¢n nn � ll11 NnOSFECTraAA 7 J- , &, !'h Cy �r.nt,vnat FIGURE 5 - SEISMIC AND GEO HAZARDS F CITY OF CUPERTINO DRAFT GENERAL PLAN 25 IMPLEMENTING THE VISION 26 CITY OF CUPERTINO DRAFT GENERAL PLAN review required, such as a soils or General Plan. Those people or agencies geological reports, depends on the type responsible for participating, and how POLICY 6-41 of development and hazard zone they will be trained, are described. THROUGH location. The new designations are POLICY 6-47 POLICY shown in Figure 5. Flood Protection THROUGHH POLICY 6-21 Fire Protection Measures Construction in the flood plain is Fire protection measures, such as early regulated to ensure that structures and project review by the fire department, the natural flood plains are protected are included in the General Plan. from flood damage. POLICY 6-34 THROUGH Disaster Planning (retained with Protection from Noise Impacts POLICY 6-40 increased emphasis) Noise impact analysis indicates a slight The City's disaster plan is described increase in noise levels in 2020. Noise more thoroughly in the proposed protection policies include review of noise impacts on new development and minimizing traffic noise impacts on neighborhoods. 26 CITY OF CUPERTINO DRAFT GENERAL PLAN a Exhibits EXHIBIT 1 General Plan Meetings and Dates City Council Scope of Work for General Plan Review - 02/02/01 Urban design session with City Council and Planning Commission - 04/30/01 Visioning session with City Council. - 06/22/01 Visioning session with City Council and Planning Commission 07/09/01 Community General Plan Update meeting - 07/17/01 Economic Development Committee briefing - 08/15/01 PC Housing Element Study Session - 08/27/01 PC Business Interests briefing -10/02/01 Adopted Housing Element -10/15/01 Bicycle and Pedestrian Committee meeting -11/15/01 Planning Commission Study Session on the amendment process and the major General Plan themes - 11/26/01 Fine Arts Commission -11/27/01 Land Use Element study sessions with Planning Commission -12/10/01, 01/14/02, 02/11/02 Circulation Element/Transportation Element Study Session with City Council and Planning Commission - 01/28/02 Environmental Resources Element Study Session with Planning Commission - 02/25/02 PC Preferred Development Alternatives Study Session with Planning Commission - 04/28/02 PC Community Congress - 05/03/02 Valley Transportation Authority with the City Council and Planning Commission - 08/19/02 CITY OF CUPERTINO DRAFT GENERAL PLAN 27 Executive Summary Executive Summary Key Findings Based on an analysis of the survey data, GRA offers the following key findings: Overall Evaluation of Cupertino Residents were asked why they chose to live in the City of Cupertino. This question was pre- sented in an open-ended format, which means that respondents were free to mention any attribute without being constrained to choose from a list. Once data collection was complete, responses were coded into logical categories. Among the specific reasons mentioned by respondents, `School system' was mentioned most frequently, followed by 'Job', 'Friends/ family', Enjoy/like the City', and 'Affordable housing'. The next question in the survey asked respondents what were the two most important issues facing Cupertino. This question was also presented in an open-ended format. The most important issue facing Cupertino was 'Education', followed closely by `Affordable housing'. However, a substantial portion of residents `Don't know', while other participants felt `Man- aging traffic' and `Controlling growth' were the most important issues. Evaluation of City Services A sizable majority of Cupertino residents indicated that they were either `very satisfied' or `somewhat satisfied' with the job that the City of Cupertino is doing to provide municipal services. Less than one in ten residents were either `somewhat dissatisfied' or `very dissatis- fied' with the job that the City is doing. The remaining five percent were undecided or declined to state their opinions. Compared with GRA's other municipal clients in California, the level of satisfaction expressed by residents of Cupertino was slightly above average. Residents who have lived in Cupertino for a relatively longer period of time were more likely to be 'very satisfied' than were those who have lived in Cupertino for a relatively shorter period of time. Specifically, 46 percent of those who have in Cupertino for 10 years or more were `very satisfied'. In contrast, only 40 percent of those who have lived there for less than 10 years were 'very satisfied'. However, it should be noted that residents who have lived in Cupertino for less than 10 years reported being 'somewhat satisfied' more often than those who have lived in the City longer. Respondents located in 'Northeast' Cupertino were the most satisfied with the overall job the City was doing to provide city services. Those respondents residing in the `Northwest' and `Southwest' also reported relatively high satisfaction ratings as well. Residents in the 'South- east' quadrant gave lower satisfaction ratings than their counterparts in other areas of the City. The next question asked residents to identify the level of importance for different municipal services. Cupertino residents considered `Police Services', `Garbage Collection', and `Traffic City of Cupertino Godbe Researd) & Analysis Page 2 Executive Summary Safety', as the most important services provided by the City, followed by `Library Services', Recycling Program', `Street Pavement Mainteriance', and `Sidewalk Maintenance'. The `city website'; `Th&Public Access Channel', and `The Government Meeting Channel' were considered the least important city services of the municipal services tested in the survey. Respondents were also asked to identify their .level of satisfaction wid-i the different City ser- vices. Residents in;Cupertino showed a moderate level of satisfaction with most of the rnunicipal'services 16ste& in the survey: Specifically, Cupertino residents were most satisfied with"the City's efforts to provide `Library services',, followedby `Quinlan Community Center facilities', `Park and picnic area maintenance',',and `Police services'. Respondents were less than `somewhat satisfied' with `The public access channel', The Government Meeting Channel', `Traffic safety', and `Economic development efforts'. GRA Also examined the importance. ,and satisfaction rating of each service relative to the overall average -importance and satisfaction ratings of all services. The average level of sat- sfaction was divided by the average level of importance for each service. The resulting ratio describes the relationship between satisfaction and importance, and is an indication of the level of sat sfactionfor a. is 6n level of importan The higher the score fora given'service, the less need the residertsfeel there is forthe City to focus on improving the provision of that service: Conversely, the lower, the satisfaction -importance ratio, the, greater the need for the City to improve that service. Because each service was rated using the same scale within importance and satisfaction.meas46s-; satisfaction -importance ratios can be meaningfully compared for each service. Based onthe coiriparsonbetweenthe importance and satisfac tion ratings; thefollowng areas offer the greatest opportunity for improvement: `Manage traffic safety', `Economic development efforts', `Street pavement maintenance', `Sidewalk maintenance', and _`Recycling program'. F Examining file importance and satisfaction scores also affords an opportunity to identify which City services should at least;be maintained at the level they are at now (i.e., those ser- vices that received high importance;and high satisfaction scores). These services included `Libraryservices `Garbage collection% and `Police services'. When participants of the study were askedif they believed there were any services not cur- rently provided by the City thaf-should be, 71. percent believed'that the current services pro- vided by the City were sufficient, Afollow-up question was presented in an open-ended format, which allowed those respondents who stated that current services were not sufficient to identify those services thatshould be.offered,by the City. Suggestions for possible services to be provided varied widely: Irl turn; the `Other' category was left with the largest amount of suggestions. `Expand cleaning/inaintenance', `Affordable housing', Teen programs', and 'The other' category is a collection:of responses.that,.each, separately, accounted for less than one percent in the overall sample. City of Cupertino Godbe Research & Analysis Page3 Executive Summary 'School improvement programs' were all frequently mentioned services that could be pro- vided. Some respondents could not recommend a new service the City could provide, while others believed 'Safety services' and 'Expand public transit' would be important additions to the currently provided services. Parks and Recreation Results from questions presented earlier in the survey showed that 'City Recreation Services' was rated more than 'somewhat Important' by Cupertino residents. Respondents were then asked about their general satisfaction with the programs and activities offered by the Recre- ation Department. The majority of Cupertino residents were either'very' or 'somewhat' satis- fied with the recreation activities and programs offered by the Recreation Department. Approximately five percent of residents were dissatisfied either 'Very' or 'somewhat' and 28 percent did not reveal their opinion. Respondents' satisfaction with Cupertino's programs and activities offered by the Recreation Department were then examined while considering. their area of residence, age, and ethnic- ity. Residents in the 'Northwest' quadrant were the most satisfied, followed by those in the 'Southwest', and then 'Southeast' quadrant. Residents in the 'Northeast' were the least satis- fied with the programs and activities offered by the Recreation Department. Across the age groups, respondents under the age of 26 and between the ages of 37 and 56, reported the highest level of satisfaction with the Recreation Department. Respondents who reported to be of 'Chinese' and 'Asian Indian' descent, on average, reported higher satisfaction scores with the programs and activities offered by the Recreation Department than those who described themselves as 'White' or 'Other'. Respondents were then asked whether they or a member of their household had visited spe- cific parks within Cupertino over the last 12 months. Over three-quarters of respondents indicated that they or members of their family had visited 'Memorial Park', which was vis- ited more than any of the other parks tested. The next most visited park was 'Blackberry Farms', where over 40 percent of respondents indicated that they or members of their family had visited it in the last twelve months, followed by 'McClellan Ranch Park', 'Creekside Park', 'Cupertino Sports Center', 'Linda Vista Park', and 'Jollyman Park'. If respondents indicated that either they or a member of their household had visited a park within the 12 months prior of the study, they were then asked about their motivation for vis- iting City parks. Once again, the question was presented in an open-ended format. Most respondents reported visiting a park to 'Take a walk'. Many had visited a park to 'Exercise', 'Take children to a playground', or 'Enjoy nature/outdoors'. Others reported a park visit in order to 'Spend time with friends/family', or 'Have a picnic'. The least frequently mentioned reasons for a park visit was to 'Take a nap', and 'Read'. In another open-ended question, respondents were asked where they usually went when they walk or bike in Cupertino. Forty-six percent of respondents indicated that they usually walk Cay of Cupertino Godbe Research & Analysis Page 4 ■ Executive Summary or bike to a `Park or recreation area'. Approximately a third of the respondents said that when they are walking or biking, they do o `Around (their)neighborhood', followed by 13 percent that indicated they go Shopping/errands%grocery store'. Eight percent of the respon- dents said `I don't walk or bike anywhere'; and 'five percent said they walk or bike to `School'. Potential Municoa6Projects. In the first question concerning potential municipal projects, respondents were read several potential locations fora public sculpture. Residents were then asked which location they thought to be most a ro riate for a sculpture. The locations that were even were Quinlan b PPP P g� , Community Center, City and the library area, Memorial Park; or one of the neighbor hood parks. Thirty-nine percent of the respondents believed that the `City Hall and library' would benefit most from the addition a sculpture. Twenty=five percent thought that a sculpture should be built in.`Memorial Park',12 percent indicated `Quinlan Community Center'; and five percent said= neighborhoodpark'. Almost one fifth of the respondents declined to respond to the question or did not know. With 49 percent of its residents indicating that the `City Hall and library' would be the best location for the addition of `a, sculpture, the `Northeast' quadrant held the strongest opinion of where a sculpture should be bu0t 'in addition, residents of the `Southeast' quadrant also indicated a strong preference for building a sculpture at the `City Hall and library'. The next question had respondents indicate theirlevel of support for the City of Cupertino to use existing City funds to establish a network of, paths and roads for people who are walking, biking, or rollerblading. There was strong support for the proposals with over 80` percent of respondents believing that proposal would be a good use of City funds. Approximately. 12 per- cent opposed the idea. Although, overall, residents indicated strong support for using City funds to establish a net- work of ,paths and roads, support was lowest witll respondents ages 47 to 56. Respondents ages' 26 and under showed the strongest support for the proposal. Respondents were informed that building the paths and, roads would take away :space on streets and roads' currently being used by cars. They were then asked again if they would sup- port establishinga-network of;paths and roads ,for walking, biking, or rollerblading, know - I" 41nn4.;4TtTn1,TM 411ro nc1r/]T7 cn ,6 nn cfroofc and rnnAc Ciinnnrt fnr, fl -in nrnnncol rlarrp,3corl 1 i Executive Summary Participants were also informed of a proposal involving plans to create a downtown area along Stevens Creek Boulevard. Three-quarters of respondents supported these plans, which would include developing benches, trees, and additional shopping opportunities in the area. Twenty-one percent opposed the idea, and four percent either declined to respond to the question or did not know. Respondents were presented with two opposing opinions concerning the future of downtown Cupertino. They were then asked which opinion was closer to their own. The first option stated that if the City creates a downtown area along Stevens Creek Boulevard between Stell- ing Road and De Anza Boulevard, the City should also remove a lane of traffic along Stevens Creek Boulevard. This would make it easier and safer to walk around the downtown area. Removing a lane of traffic in each direction would provide additional space for on -street parking and still leave two lanes in each direction. The second option stated that if the City creates a downtown area along Stevens Creek Boulevard between Stelling Road and De Anza Boulevard, the City should do it without removing a lane of traffic along Stevens Creek Bou- levard. It also suggested that there is room to create a downtown area without removing a lane of traffic. Removing a lane of traffic in each direction would slow down cars and increase traffic congestion. After hearing theses opinions, 60 percent of the respondents agreed with the second opinion, whereas only 26 percent said the first opinion was closer to their own. A very small portion agreed with `Both' or `Some of each', seven percent indicated `Neither', and four percent did not respond or did not know. Recycling Residents were next asked questions focusing on Cupertino residents' experience with the curbside recycling service the City is proposing. First, respondents were asked if they would support a proposal for curbside recycling once a week instead of every two weeks. Fifty-five percent of the residents of Cupertino support increasing curbside recycling service from once every two weeks to once a week. Eighteen percent 'strongly opposed' the proposal, and 17 percent `somewhat opposed' the idea. Residents were then informed that if curbside recycling was done once a week instead of every two weeks, it would cost them $4 more each month. The next question asked them if they would support the proposal given the cost increase. After informed of the additional costs, there was a substantial decrease in support. Approximately 55 percent supported the proposal prior to learning of the increase in cost, and 38 percent supported it after receiving the additional information. The largest change in opinion was shown in those respondents who `strongly opposed' the proposal with an increase of over 21 percent, from approximately 19 percent to 40 percent. Crime and Ethnic Relations The next set of questions in the survey focussed on crime and ethnic relations within Cuper- tino. Respondents were asked if they felt that crime in the City of Cupertino had increased, decreased, or stayed about the same in the last five years. Just over half of respondents indi- cated that they believed crime had `Stayed about the same'. Twenty-one percent thought City of Cupertino Godbe Research & Analysis Page 6 Executive Summary crime had `Increased', ,and 11 percent felt that it had `Decreased'. Seventeen percent -either did not respond to the question, or did not have an opinion. Almost twice the percentage of respondents who `own their homes, as opposed to rent, believed that crime had `Increasedin the past five years. Conversely, a, much larger percent- age of those who rent believed hat crime had `Decreased'. In addition, owners believed that crime had `Stayed about the same' more than renters. A much Higher percentage of males` than females indicated that they felt crime had `Decreased', and females more often than males said hey crime had `Increased'. The next series of questions were designed to assess the opinions of residents in the City of Cupertino ondifferent issues involving ethnicity and the City's efforts to improve race Tela tions Respondents were asked how they would rate race and ethnic relations in the City of Cupertino. Over eighty percent of residents believed that race and ethnic relations in the City were either' `Excellent' or `Good'. Nine percent felt that relations were `Poor', five percent believed they were `Very poor', and five percent did not know; or did not'give a response. Ninety-six percent of the residents of Cupertino who indicated a `Chinese' ethnic b ackground felt that race and ethnic relations in tlie'Cty were either `Excellent' or `Good'. Respondents in the `Other' category reported the lowest combined ratings of `Excellent' and `Good'. Participants were then informed that approximately 49 percent of Cupertino residents are members of ethnic minority groups. After they were given this information, respondent were asked howthe increased diversity has affected -their feelings toward other races. Sixty percent of the residents indicated `No change in how I feel'. Twenty-six percent of the respondents believed they had become `More sympathetic/open', 10 percent felt `More resentful/closed', and 5 percent said that they did not `know how the diversity had affected `them, or did not respond to'the question. The responses to the question of increased diversity were examined by the ethnic background Of the respondents. `No .change in how I feel' responses were evenly distributed across the:dif- ferent ethnic backgrounds. Consistent with respondents' overall responses to race relations in the City of "Cupertino, higher percentages of `White' and `Other' ethniciiies reported being `MoreresentfuUclosed' than `AsianIndian' or `Chinese'. Those indicating that the increased diversity ifti the City had made them `Mord sympathetic%pen' were `Chinese', followed by `Asian Indian'., `White', and `Other'' - When respondents were asked' what they thought about the City's effort to improve race rela- tions in the City:of Cupertino, approxiniatelyhalf of the respondents believed it was doing `About the right amount'. However, A percent of the residents believed the City was doing `Not enough', and l3 percent suggested it was doing `Too much'. There were also almost one fifth'who indicated that they did not know, or declined to respond to the question. City of Cupertino Godbe Researd) & Araalypis Page 7 Executive Summary Housing and Neigbborbood Projects The City of Cupertino was interested in ascertaining the amount of support residents have in the building of apartments, condominiums, and townhomes in the area along Stevens Creek Boulevard from Stelling Road to Wolfe Road. When asked, over half of the respondents opposed building. Approximately 40 percent of the respondents indicated that they support building in the areas. Furthermore, a much larger percentage of renters than owners support the building of apartments, condominiums, and townhomes in the area along Stevens Creek Boulevard. Follow up questions were asked that attempted to determine which issues would make resi- dents more or less likely to support the building of apartments, condominiums and townho- mes in the City. Of the issues examined, residents would be most likely to support the building of apartments, condominiums and townhomes in the City if it 'Offers affordable housing to those families who cannot afford a single-family residence in this area' followed by, `Cuts commuter time by offering housing alternatives for those who choose to live near their work' and `Helps local businesses attract workers by offering workers affordable conve- nient housing'. The next series of questions asked if residents were aware of different neighborhood pro- grams. Respondents indicated, overall, that they were most aware of the `Neighborhood watch' program, followed by `Earthquake preparedness', and `Neighborhood block parties'. Only ten percent of the residents were aware of `Electronic Community Alert (E -CAP)'. When level awareness of programs offered in the neighborhood was examined by city quad- rant, differences in levels of awareness were reported for 'Earthquake preparedness' in the `Southeast', and `Neighborhood block parties' in the 'Southwest', where residents reported the highest levels of awareness. In addition, compared to other City quadrants, slightly lower levels of awareness were reported for the `Neighborhood watch' program in the `Southwest' quadrant. The level of awareness of neighborhood programs with residents of the City was also exam- ined, by age. Overall, respondents ages 57 to 66 were most aware of the neighborhood pro- grams. Specifically, on average, respondents ages 57 to 66 were most aware of `Earthquake preparedness', `Neighborhood block parties', and `Electronic Community Alert Program'. Respondents ages 36 and under reported the lowest level of awareness of the neighborhood programs, overall. Respondents were next asked to identify their level of satisfaction with the neighborhood pro- grams. All of the programs received overall relative satisfaction ratings of, at least, `some- what satisfactory'. The 'Neighborhood watch' program received the highest ratings, followed by `Earthquake preparedness', and 'Neighborhood block parties'. `Electronic Community Alert (E -CAP)' received the lowest satisfaction ratings. City of Cupertino Godbe Research & Analysis Page 8 Executive Summary Satisfaction ratings of the neighborhood programs was then examined by City quadrant and age. With regards to age, much lower satisfaction ratings were given to the programs, over- all, by respondents 26 and under, followedby respondents ages 27 to 36 and 37 to 46. In gen- eral, respondents over the ag&of 47 gave higher satisfaction ratings for the neighborhood programs than those under the age of 47. Information Diweinination in In order to find out how residents gathered, information about City issues, events, and ser - Cupertino vicesin the,City of Cupertino, respondents were asked to indicate the information sources they used. The Cupertino Scene was the.source that respondents predominantly used to find out about local news and programming, foU6wed by the Cupertino Courier and `Other'. A smaller number of respondents reported using the `City website' and `Television'. The San Franco Chronicle and `E-mail' were the sourceaeast used by residents. When residents were asked where they accessed the Internet, most of respondents reported accessing the Internet at `Home', followed by `Work ; `School', and the `Public library'. Nine percent of the respondents indicated that they did not access the Internet.` The survey results show that 91 percent of Cupertino residents had access to the Internet. Respondents who `had accessed the Internet were -then asked whether they had visited the City's web site. Close to 60'percent of Cupertino's residents had never visited the City's ;web site. Thirty --nine percent of respondents reported visiting the City website at least once, and three percent either did riot answer the question, or did not know.. Overall, the largest per- centage of respondents who had not visited the website were over the age of 57. Residents were then asked whether they or any members in their household had ever watched the Cupertino Government Channel on television. Fifty-nine percent of Cupertino's residents indicated that neither they nor anyone in their household had ever watched the channel.,Forty percent of respondents had watched the- Cupertino Government Channel at least once, and l percent either, did not know, 4. declined to answer. The majority of respon- dents who indicated they had watched. the Cupertino Government Channel were aged 47 or older. Seventy-five percent of residents 26 and younger had never watched the channel. Residents:were then asked,: if given achoice, would they prefer the City of Cupertino to hold Town Hall meetings on the weekend or during the week. Forty-five percent of residents indi- cated that they would prefer to have Town Hall meetings held on the `Weekend'. in contrast, 32 percent said'theywould prefer to have them held during the week. Approximately one fifth of the residents had `No preference' what day of the week they were held. Furthermore, residents preferred time for Town Hall meetings, whether on weekdays or weekends, would be from `6 pm to 8 pm'. The second most favored time was in the mornings from `9 am to 12 pm', followed by `12 pm to 3 pm', and `3 pm, to 6 pm' (890. Executive Summary Conclusions & Recommendations Based on the research objectives for this study and the findings of the analyses, GRA is pleased to offer the following conclusions and recommendations: Comparison of results from the May In May of 2000, GRA completed a resident survey for the City of Cupertino that included 2000 survey many of the same questions that were asked in the current survey. For those questions asked in both studies, the results were generally similar. Results from both the May 2000 survey and the current survey showed: ■ 87 percent of Cupertino residents stated they were either `very' or `somewhat' satisfied with City's overall effort to provide municipal services. ■ Less than five percent of Cupertino residents stated they were. either `very' or `somewhat' dissatisfied with the park and recreation activities and programs offered by the City. ■ Over 80 percent of Cupertino residents stated that race and ethnic relations in the City were either `Excellent' or `Good'. City Satisfaction As stated above, Cupertino residents remained quite satisfied with the City of Cupertino's overall efforts to provide municipal services. A large majority of residents in the City were either `very satisfied' (490 or `somewhat satisfied' (44%) with the City in general. Cuper- tino residents also expressed a fairly high level of satisfaction with the specific city services examined in the survey including library services, park and recreation services, and senior citizen programs. Of the 22 municipal services examined in the survey, eighteen received a satisfaction rating of higher than 1.00, indicating that, on average, Cupertino residents were more than `somewhat satisfied' with over eighty percent of the different municipal services examined in the survey. Traffic Safety and other Areas to By providing their perceived importance of, as well as their level of satisfaction with, the focus improvement municipal services, Cupertino residents identified several important areas where the City has an opportunity to improve*service provision. Traffic safety along with garbage collection and police services were seen as having the highest level of importance when compared to the other municipal services examined in the survey. However traffic safety unlike garbage col- lection and police services received a relatively low satisfaction rating, with only economic development efforts receiving a lower level of satisfaction. Traffic safety followed by eco- nomic development efforts and street pavement maintenance provide an excellent opportu- nity for the City of Cupertino to make a few specific improvements with certain municipal services, that residents perceive as important, while building on the strong overall satisfac- tion that residents share for the City of Cupertino. Issues of Importance For the most part, residents' concerns about the most important issues facing Cupertino have not changed substantially from the previous survey conducted by GRA in May of 2000. City of cupertnlo Godbe Research & Analysis Page 10 i Executive Summary l Education is still an I important issue with Cupertino residents--overa. quarter of all residents claim it.to be the most ifiportant issue facing Cupertino in-boththe current survey and the survey completed two years ago. However, unlike other GRA municipal clients, issues related to traffic and affordable housing have become less importantto residents over the last two years. The percentage of respondents who -stated `Affordable housing' was the most impor- tant issue. facing the community, dropped by approximately 11 percent from 37 percent to 26 percent.Traffic related issues faced a similar drop in importance among residents with 3.3 percent stating it was the most, important issue in May of 2000 with current survey only revealing. 20 percent of respondents mentioning that issue. Controlling growth saw the larg- est increase in residents who.mentioned it as the most important issue facing Cupertino, with five percent of respondents stating it was the most important in May of 2000 to 16 per- cent in the current study. Popularproposals for improving the The proposal ,to establish a network_of paths and roads, for walking and biking within the City of Cupertino City'as well asthe creation of a downtown area along Stevens Creek boulevard were warmly received by Cupertino residents. Over 80 percent of residents initially supported the idea of establishing a network of paths and roads with the Citp.`This level of support only dropped by about 15 percent when it was added that this network of paths and roads would take space away from areas designated for automobiles. Support fora newly created downtown area along Stevens Creek boulevard received similarlevels of support with three out of every four residents supporting the proposal. In general, residents agree that both of these proposals .will imurove the City of Cupertino. Ethnic Relations As it was two years ago, race and.ethnic relations remain an important issue withint he City of Cupertino. The overall perception of race relations in Cupertino has not changed signifi- cantly with over 80 percent of residents stating they are either `good' or `excellent'. However there -were some results from the I current survey that should be considered' regarding race relations in Cupertino. Respondents who claimed to be `Caucasian I White' or `Other' were much more likely to state that race', relations in Cupertino were either poor or, very poor. These findings do not indicate that race relations are worsening in Cupertino only that cer- tain ethnic groups tend to perceive the current conditions of race relations in:the City differ- ently. Cityof Cupertino Godbe Research & Analysis Page 11 CUPEkTINO Community May 3, 2002 Summary Report Pian, r/8 . Ar, � tew �-nmi i - X. (� CITY OF CUPEkTINO Community Congress May 3, 2002 Summary Report General Pian Update BUILDING COMMUNITY Sponsored by the Cupertino City Council Mayor Richard Lowenthal Vice Mayor Michael Chang Council Member Sandra James Council Member Patrick Kwok Council Member Dolly Sandoval Contents Topic Area • Introduction • Walk -Ability, Bike -Ability and Trails • Neighborhoods • Circulation ■ Environmental Resources / Sustainability ■ Development Nodes • Commercial and Office Development • Housing ■ Open Space and Parks Prepared by: MIG, Inc. 800 Hearst Avenue Berkeley, CA 94710 City of Cupertino Page # ------------------------------- 1 ------------------------------- 5 ------------------------------- 7 ------------------------------- 11 ------------------------------- 15 ------------------------------- 17 ------------------------------- 21 ------------------------------- 23 ------------------------------- 25 • City Manager's Office • Department of Community Development Introduction As the City of Cupertino prepares to update its General Plan, community residents came together to consider, discuss and make recommendations on potential policy directions or strategies that preserve and enhance the City's environmental, residential, and commercial assets while improving the quality of life for those who live and work here. The directions presented in this report resulted from community participation and will guide and inform the City in updating the General Plan and implementing it over time. This document summarizes the Community Congress that took place on May 3, 2002 at the De Anza College Campus Center. It describes the activities and purpose of the event and documents community feedback on a set of potential strategies proposed by the City and presented at the Congress for public review. Overview of the Objectives of the Congress In preparing for the Congress, staff from various City departments created a list of potential strategies pertaining to eight different areas related to Cupertino's growth and development, community character, transportation and natural resources, including the following topic areas: ■ Walk -Ability, Bike -Ability and Trails ■ Neighborhoods • Circulation ■ Environmental, Resources / Sustainability ■ Development Nodes ® Commercial and Office Development ■ Housing ® Open Space and Parks Congress attendees expressed their opinions on the potential strategies along a spectrum ranging from strong agreement to strong disagreement. Possible pros and cons were listed next to each potential strategy, that is, the implications or trade-offs that could be associated with the implementation of each. The idea behind these potential strategies was to provide a structured yet wide range of options participants could consider, as well as their benefits and costs. Participants voted using sticky dots indicating their level of agreement on the strategies shown on each poster, organized by the topics listed above. The dots were later tallied and are summarized in this report. City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 1 The General Plan Update The General Plan is a statement of goals, policies, and programs that guides Cupertino's long-range development. It is an expression of our community's vision and priorities and provides a sense of direction. California state law requires each city to adopt a General Plan. Cupertino adopted its General Plan in 1993. It encompasses a set of long-range goals for the City's physical and social development—goals that best meet the needs of its residents. The Plan contains five elements: land use—community character, housing, transportation, environmental resources and public health and safety. It embodies a vision for the City, stating: "The General Plan foresees a future for Cupertino in which our growth is carefully managed, thus maintaining and enhancing our quality of life, protecting our natural heritage and ensuring long-term economic vitality."' The City initiated a series of planning events in early 2002 that will culminate in the formulation of a General Plan Update later this year, that echoes the collective vision of the citizens of Cupertino and responds to contemporary demands and issues. Therefore, the Update is an important step in maintaining a strong, safe, and prosperous City. Congress The Community Congress began at three o'clock in the afternoon of May 3, 2002, at De Anza College and lasted until approximately eight o'clock that evening. Nearly 200 participants attended. The event began with an open house in which attendees circulated freely to review the different issue stations and become acquainted with the policy areas and potential strategies listed on the charts. Participants were given "topic cards" and received stickers on visiting each of the eight stations. Completed cards were than returned and entered into a drawing that occurred at the end of the evening. The Congress officially commenced with welcoming remarks from Mayor Richard Lowenthal. Steve Piasecki, the City's Director of Community Development, gave an overview of the General Plan Update and stressed the importance of community participation in its creation. Doug Suisman of Suisman Urban Design then presented a Powerpoint slide show and talk entitled "Building Community and Creating a Sense of Place," which examined some of the concepts and history of community planning and placed them in the context of Cupertino's history, current assets, opportunities and challenges. Doug Suisman stressed that if residents want high quality "places" where people can gather and comfortably interact then the community must balance the needs of roads, referred to as "paths," in relation to "place." The presentation was followed by a preview of the evening's activities by Carolyn Verheyen of Moore Iacofano Goltsman, Inc. (MIG), who briefed participants with instructions for the upcoming dot exercise, small group sessions and final reporting of group conclusions. 1 City of Cupertino website www.cupertino.org City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 2 The Dot Exercise and Small Group Sessions The dot exercise collected and gauged input on potential strategies to be incorporated into the General Plan Update. Participants were given one dot for each strategy with which to cast their opinion. They placed the dots according to their level of agreement or disagreement with each strategy. The exercise encouraged participants to analyze and "weigh in" on optional policy directions as well as to generate a tally of support for each of the identified areas, a collective memory of the event and results to guide future policy. Following the dot exercise, participants broke into two, hour-long, small group sessions on the eight issue areas and discussed the results of the dot exercise and suggested new strategies that should be considered in the overall General Plan Update process. Participants chose which issue groups to attend based on their personal interests. Each small group was supported by a representative of the City, to record remarks on large flip charts and a representative from MIG, to facilitate the discussion. The City representatives also helped clarify questions and concerns on the specifics of the potential strategies. During the first part of the small group sessions, participants discussed policy strategies and interpreted the results of the dot exercise. The discussion was focused on the potential strategies and the reasons why they received or did not receive support. Participants also proposed new and revised strategies. Participant input was recorded and is listed later in this report. This general discussion was then transitioned into a more specific group task: Participants were asked to generate "One Bold Step," a concrete and straightforward action that could be implemented as a practical step in the direction agreed upon by the groups. It could be short or long-term in nature. Because the groups had to debate and compromise on the issues, the Bold Steps were not necessarily a full group consensus but rather a single, discrete recommendation for action to the City. The groups were assigned to formulate a Bold Step, write it as a large poster and nominate a group representative to present it to the Congress as a whole. The first and second small group sessions were separated by a dinner for all participants. At the conclusion of the small group sessions, the entire Congress reassembled and each of the sixteen small groups sent its representatives to present the Bold Steps. Representatives were given the floor and microphone and used creativity and humor to present their groups' ideas to the audience. The Bold Steps were all received with applause. The night concluded on this note of optimism and a feeling that everyone had participated actively in discussion, deliberation and imagining an even better future for Cupertino. A drawing was held and winners were awarded prizes for their involvement. The Congress concluded with final remarks by the City Council on next steps in the creation of the General Plan Update. City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 3 Report Organization The remainder of this report summarizes the information generated at the Congress. In order to preserve the conceptual sequence in which the ideas were voted on and discussed, the information is presented by issue area. First, a summary chart of the dot exercise is shown for each issue area. Each chart contains the various potential strategies as proposed by the City on the large charts. In order to summarize and easily compare the data, the dot tallies were converted to percentages and the neutral votes were excluded. Therefore, the numbers appearing in the bar charts represent the percentages of people who either: 1) Strongly Agree, 2) Agree, 3) Disagree or 4) Strongly Disagree with each strategy. In analyzing the charts, it is important to take into account the level of agreement or disagreement and consider why this might have been the case. The "Post -It Note" comments from the dot boards are listed directly under the dot exercise tally. Each small group session began with general discussion on the topic and ultimately culminated in the formation of the Bold Step statements. The comments that were recorded on the flip charts appear below for each group, followed by the groups' respective Bold Steps. The single "Bold Step" is highlighted in yellow. Two of the written comments did not address any of the subject areas but instead focused on the organization of the congress. These comments are listed below: ❖ Well organized, but nothing for seniors. I think you want me to move out of Cupertino so you can get more tax $$ for stupid things. ❖ Make sure people who live, rent, and/or own a business (not employees) to these meetings only. They actually own and work in person there. (Not people who own property and live somewhere else) The people who live here are the heart of Cupertino. City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 4 CUPERTJNO. Wilk-Ability,Bike-Ability&Trills Balancing mobility of auto with safe movement of pedestrians & cyclists Calm traffic (Le. slow speeds) on all city streets N O .Ej) Require that new development is integrated into neighborhoods and accessible to the community. r.. tC Create a 1/4 mile walk -able grid that serves C all neighborhoods and stitches open spaces and parks together. O CL Create trails along creeks and provide ped/bike trail access totthrough hillsides Provide convenience commercial uses within 5 minute walking distance (1/4 mile) of all neighborhoods. 0% 25% 50% 75% 100% ® Strongly Agree 13 Agree ❑ Disagree E Strongly Disagree "Sticky -Note" comments from the Walk -Ability, Bike -Ability & Trails Dot Board: Need to make bicyclists feel safe — so people with get out of their cars. More pedestrian crosswalks. Should have a pedestrian controlled stoplight. Do not force owners to sell or donate land & lose their privacy. lh of a mile is adequate. Need a pedestrian light at Hyde and Bollinger. The Safeway is not really nice to go to because of the traffic. •o• Reduce width of "neighborhood arteries" like Columbus Avenue to slow traffic. Speed bumps! Horrid in neighborhoods. •�• Well-designed speed bumps are good. Not big, bumpy ones. City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 5 Walk -Ability, Bike Ability &Trails Group 1 Add policy to fill in sidewalk gaps — cutback landscaping, lights "flicker". Soften convenience commercial policy Create "true" bike lanes Some neighbors don't want connections to parks Ped/bike as viable as the car Too much development resulting in neighborhood traffic Make safe to cross Need safer crosswalks Need more pedestrian overpasses Residential streets are too wide Narrow streets like SCB People speed in neighborhoods Make Stevens Canyon Road bikeable Narrow travel lanes and reduce speed limits Shorten distance between stops Need better enforcement that favors ped/bikers Ped/r/w city/ped only crosswalks (San Mateo) Orange posts @ stop intersections Traffic signals @ school hours Traffic speed machines Ped Island @ Sedgwick School More bus routes to encourage walking Need signage for peds SCB more walkable thru design Group 2 Have to slow traffic down Do one trail that goes somewhere SCB/DAB is "harrowing" Add no r/t on red Encourage parents to let kids walk to school Need continuous trails Design Rec. trails to they don't attract cars Stevens Canyon Road needs to be fixed Connect to hills/library etc. LGCT is positive asset to neighbors Connect entire city for walking and biking. Making pedestrian/ cycling as viable as the automobile. Demonstrate the viability of this goal by completing one trail that connects several major destinations. One Bold Step Connect paths to places by completing ASAI' a demonstration project utilizing creeks and trails connecting two focal points in the city. BOLD STEPS ❑ Access out of "dead-end" neighborhood ❑ ❑ Utilize creeks/RR ❑ ❑ Point "A" to "B" demo project ❑ ❑ Utility & recreation ❑ ❑ Complete all sidewalks ❑ ❑ "Walk Cupertino" campaign net walk ❑ ❑ Speeding enforcement One trail that works Walkable/bikeable around schools Connect entire city (walk & bike) Peds/bikes as viable as auto Street festival to close Stevens Creek Blvd. or De Anza Blvd. each year No right on red at major intersections City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 6 Neighborhoods %-.AvPFRTJNO& Evaluate neighborhood connectivity via school, parks, shopping and other neighborhoods. Identify distinct neighborhoods and potential gateways. Develop gateway signage and O monuments. Encourage neighborhood retail centers within walking distance of the neighborhoods. .- 0.- 0 +O ®. Discourage the creation of flag lot land divisions in non -hillside areas. Develop uniform street planting plans for the neighborhoods. 0% 25% 50% 75% 100% Strongly Agree ®Agree ® Disagree OStrongly Disagree "Sticky -foie" comments from the Neighborhoods Dot Board: Encourage cyberspace connectivity for neighborhoods. A major grocery store. (Neighborhood) City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 7 Neighborhoods Group 1 NEIGHBORHOOD CONNECTIVITY ❑ Improve connections to places o Easy physical access to schools, parks, Senior Center, Nimby issues o Need sidewalks on Stelling throughout city. Some areas don't want sidewalks o Hard to get on Bubb Road in the morning (school traffic) o Hard to get on McClellan Road in the morning (school traffic) o Crosswalks for children (Vai & Bubb) o Need police at school when it opens o Safety for kids (fast cars) o Why don't kids walk to school? o Only 1 child per car o Does resident parking permit zone conflict w/ school traffic o Kennedy has great connections o Railroad conflicts with school traffic? o Magnet school a major problem? o Increase safety for bicyclists o Barrier at Pacifica not needed o RR as a bike/ped. Path o HWY 85/RR big barriers o Orange Avenue major ped. Route — "no sidewalks" o McClellan Road near from De Anza — Byrne needs sidewalks ❑ Uniform street planting o Different street trees looks bad o Afraid street trees — (lead to) sidewalks o Unique neighborhood identity o Maintenance problems w/ certain trees (roots) o Neighbors (disagreement on point) need to choose tree — weigh pros & cons, look at long-term growth o Should replacement trees be the same as the rest? o Problem with overgrown shrubs One Bold Step BOLD STEPS Empower neighborhood ❑ People should replace cars in the community: people>cars decision-making!! ❑ Neighbors should define their neighborhoods ❑ Enhance differences between neighborhood identities o Different light standards o Monuments? ❑ Respect neighborhood wishes/neighborhood planning by neighbors ❑ Realign San Jose/Cupertino boundaries to include W. San Jose ❑ Can neighborhoods work together? Cooperation ❑ RR row as a bike/ped path City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 8 Neighborhoods Group 2 NEIGHBORHOOD CONNECTIVITY ❑ Connections to schools o Improve kid/ped safety 0 Parents blocking driveways/congestion (streets — parking lots during school time) o Faria (option Portal) — Miller o Monta Vista o Portal o Kennedy ❑ ' Have to be in a car — can't walk to anything o Need closer proximity to services. Bank, store, dentist, library, etc. ❑ Can we reduce traffic? ❑ Ped. Signal timing needs to be lonnnngerrrr.... ❑ Alternative transportation to popular destinations. Shuttle, Jitney, etc., public trans (fee & free) ❑ Neighborhood retail centers o Within walking distance 1/4 mile? o Seniors cannot walk distances o Mixed-use a good use of land o Profitable to build neighborhood retail? o Traffic regulations preventing retail development ❑ Street tree planting o Damage to sidewalks — Liquid Ambers o Uniformity okay, but shouldn't damage improvements o Existing street tree program good o Choices with range o Not a single tree o Trees vs. smooth sidewalks o Graph dots to gage agreement (strongly agree/agree) vs. disagreement (disagree/strongly disagree) ❑ Neighborhood identity o Identity strong already — don't need to spend money o Concern it would divide City One Bold Step BOLD STEPS ❑ Leave us alone ❑ Steady as she goes ❑ Address school traffic issue — children's safety ❑ Monster homes need to be controlled ❑ City needs to be pre -active in enforcement ❑ Encourage neighborly communication & cooperation ❑ Beautify, increase safety, reduce vehicle traffic offer attractive transportation alternatives ❑ Publicize Neighborhood Watch & Emergency Preparedness in Cupertino Scene _City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 9 This page was intentionally left blank City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 10 �`CUPE RTIN 0 a Ci rr. c«udi o n Consider reducing the street width on certain four ane streets by adding medians or parking lanes. Develop traffic management plans for neighborhoods affected by unacceptable levels of through traffic. 0% 25% 50% 75% 100% Strongly Agree D Agree D Disagree D Strongly Disagree "Sticky —Note" comments from the Circulation Dot Board: Bury highest density through traffic underground. Where is the survey that people will walk? They don't now. Challenge the premise that "Downtown Village" should be a the Crossroads. Would like to see a lot of pedestrian overpasses. Each neighborhood problem is unique and should be dealt with a special solution. Reduce width of "neighborhood arteries" like Columbus Avenue to slow traffic. City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 11 Evaluate reducing the street width in the Crossroads area of Stevens Creek Boulevard by adding medians or parking lanes to create a 41) pedestrian -friendly 'Downtown Village.' R'S mob.. Develop bus and/or light rail rapid transit services in the Stevens Creek and north De Anze Boulevard corridors. CLProvide more time for pedestrians to cross streets at specific intersections, even if LOS for auto traffic is reduced. ... Develop traffic management plans for neighborhoods affected by unacceptable levels of through traffic. 0% 25% 50% 75% 100% Strongly Agree D Agree D Disagree D Strongly Disagree "Sticky —Note" comments from the Circulation Dot Board: Bury highest density through traffic underground. Where is the survey that people will walk? They don't now. Challenge the premise that "Downtown Village" should be a the Crossroads. Would like to see a lot of pedestrian overpasses. Each neighborhood problem is unique and should be dealt with a special solution. Reduce width of "neighborhood arteries" like Columbus Avenue to slow traffic. City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 11 Circulation Group 1 NEIGHBORHOODS LEVEL OF TRAFFIC ❑ Need to look at neighborhood traffic with cut thru traffic ❑ School traffic to get there from other areas ❑ Safety because of illeizal parking other alt. to drivintj in children ❑ Too much traffic around schools. How is it measured to come w/ solution ❑ Diversion lanes w/island. Drop off for school off road ❑ Traffic situation should be reported REDUCE #OF LANES ON 4 LANES * Bollinger Road & Homestead Rd ❑ Balance road use to be equal for ped/bike & veh. ❑ Take an 8 lane to 6 lane does make cozy street One Bold Step Addressing intra -city vs. inter -city circulation! ❑ Con - neighborhood traffic increase ❑ Public transportation form other cities need to improve. Cut through community. Needs to stop at nodes to shop or dine ❑ Depress De Anza under SCB - commute traffic ❑ How many ped. will use the area? Things are spread out too far. Not feasible to walk. ❑ Growth — need to look at how to mix use and keep balance keep level of service but be ped friendly ❑ De Anza College — more parking on street would cause huge traffic issues of movement ❑ Re -visit the public transportation viability ❑ Higher density will put more stress on environment and create more congestion. Don't allow higher density ❑ No land to build on ❑ Flow model — need to look at breaking it into pass through traffic and neighborhood traffic ❑ Increase of students at De Anza will effect traffic ❑ Slow growth will push people out of the area and require people to commute farther. ❑ Time is valuable people may not want to stop in Cup to shop or dine ❑ Work with other cities to handle the traffic issues ❑ How long will we add lanes to handle additional traffic ❑ Cut through traffic still a problem/not using HWY 85 ❑ NO DOWNTOWN — Cannot walk comfortably because of traffic. No meeting destinations. What will it take to improve this round -about at De Anza & SCB ❑ Intra -City vs. Inter -City traffic values City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 12 Circulation K=9 LANE REDUCTION ❑ If reducing lanes then we need to gain from it. Larger parkway slow travel lanes for businesses ❑ SCB is more the inter street ❑ De Anza is only access to HWY 280 & HWY 85 — reduction will be restrictive to access hwy ❑ Cannot do just one thing without a ripple effect ❑ City Center or Down Town needs to be started now ❑ De Anza moves traffic to other cities ❑ Street too unfriendly to want to walk — not enough going on even if streets are reduced ❑ Why do we want to change? ❑ Need to create an envir to keep people in City and attract them ❑ Multi -phase develop and restrict traffic ❑ Shuttles to help move people from Vallco to Gabs, etc., - need to route around to residential areas — FREE SOLAR ❑ To reduce lanes very costly, what if you did the reduction and no one came? We have looked at before. LIGHT RAIL SYSTEM Down SCB — General Plan ❑ Cheap means of transportation they work ❑ Busses — free — at least one line TIME FOR PED. CROSSING ❑ Change times to help ped. get across as needed if possible ❑ May cause longer wait but may get people out of car ❑ Install countdown timer to tell ped remaining time to cross ❑ Mary @ SCB changes that were made were not ped friendly but to benefit cars ❑ City does not seem serious about ped friendly ❑ We have removed some destinations ie: SCB @ Blaney ❑ Need to have the places to go to make us want to walk ❑ Avg. person will not walk 2miles one way ❑ Forcing the choking of traffic to get ped will force into neighborhood ❑ Depress SCB ❑ Ped overcrossing De Anza & SCB ❑ School traffic - need a strategy to handle this problem, encourage bike use ❑ School busses — where did they go? ❑ Children should walk — Safety One Bold Step ❑ Busses to expensive and parents will not pay ❑ District parking — centralize then bus Focus on -Inter-city circulation ❑ Need to re -survey parent about bussing ❑ Bus pollution increases with more busses ❑ Pollution due to traffic sitting longer at signals ❑ School zones — people will travel longer distances to get around the congestion ❑ Look at City as a "blank slate" for when "Big One" happens that we can rebuild the city the way we want if planned in advance ❑ Our roads are for Cupertino and not for travel thru. Don't focus on getting people thru town. City of Cupertino Community Congress, Wy 3, 2002 General Plan Update Page 13 This page was intentionally left blank City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 14 Encourage Green Building Design (buildings that operate in an ecological and resource efficient way). M •d Encourage the use of solar energy and other � alternate renewable energy sources a+ i Cl) W Reduce the amount of solid waste by Orequiring building materials to be recycled 0 for all projects Require the reduction of impervious surface materials & investigate ways to retain run- off on new developments 0% 25% 50% 75% 100% I IM Strongiy Agree 13 Agree 13 Disagree ® Strongly Disagree "Sticky -Note" comments from the Environmental Resources/ Sustainability Dot Board: Address pesticide use, especially in parks. Should encourage conservation. Should encourage efficient night lighting that doesn't light up the sky. "All" is a bad word. You can consume more resources in recycling than you save. Never say "all". Should make it easier to return deposit bottles and cans. An agency to report water wasters after there is enormous wasted water in streets. City_ of Cupertino Community Congress, May 3, 2002 General Plan Update Page 15 Environmental Resources/ Sustainability Group 1 GREEN BUILDING ❑ Loss of energy ❑ Greenhouse effect ❑ Cost of energy ❑ Healthier to work in ❑ Cost is down in the long run ❑ Enhance public info on G.B./seminars o Energy efficiency o Pesticides o Buildings SOLID WASTE/RECYCLING BUILDING MATERIAL SOLAR ❑ Sell back energy — revenue ❑ Rebates in bills ❑ Encourage hybrid vehicles ❑ Clean air ❑ Enhance pub. Info on solar ❑ Decrease construction costs in the long run, utility/construction ❑ Large scale food waste collection for composting ❑ Putting solar on new library ❑ Cover the whole penn. W/ geodesic dome ❑ Recycling/reuse of historically significant building materials ❑ Permit fee rebates for recycling of demo waste like San Jose One Bold Step • Put solar panels on the new library!! • And Passive Solar ADDRESS PESTICIDE USE ❑ Public education on this ❑ Reduce pesticide use on public places/parks/landscaping/horticulture w/ respect to allergents Group 2 GREEN BUILDING ❑ Less pollution ❑ Natural resources benefits ❑ Water conservation ❑ Less smog/better indoor/outdoor air quality ❑ Create a creek restoration program in the City esp. SCB ❑ Recycle old comp. Parts BOLD STEPS ❑ Create a public info/education program ❑ P h* . h D A SOLAR ❑ Cost savings ❑ Natural resources conservation ❑ Always there One Bold Step Make all city buildings showcases for "Green Building" design!! Starting with library artners ip wit e nza ❑ All new public buildings (new library) shall install env. Best prac. ❑ Public/private incentives for utilizing env. Best practices New library as show case for green building design & renewable energy tech. City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 16 6!m 1,11711111 111 ;1 1 1 11 1 Val I co: R edevei op as an entertainment/res. node. Provide out -door street - orientedstores & plaza Downtown Village: Develop CO mixed-usewith 1) Buildings •rm closer to street, 2) wider 4) sidewalks, streetlight, 3) active L groundfloors V) rG City Center:Providegateway r plaza/park at intersection of ,I Stevens Creek & De Anza. G Redevelop as mixed-use, Q. connecting to Civic Center Nodes & Linkages: Develop pedestrian -oriented street scopes t o st i t ch different nodes together 0% 25% 50% 75% 100% El Strongly Agree p Agree ❑ Disagree p Strongly Disagree "Sticky -Note" comments from the Development Nodes Dot Board: Something must be done. The City loses sales tax revenues. Vallco is easier to access than Hwy 280, so it really should be more desirable. What is the height on all buildings? (Downtown Village) (Downtown Village) Yes, but not necessarily at the Crossroads. (De Anza Boulevard & Stevens Creek Boulevard) Needs to be a real walking environment. Not just more buildings closer to the street. Sidewalks big enough for outside cafes and restaurant seating. Mention was made of entertainment at Vallco. One concern I have is the cost. However, I have an idea — make the entertainment be relatively cheap to produce and be unique. Make it a comedy club and/or improv. club. City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 17 Development Nodes Group 1 ❑ Walkable Stevens Creek corridor connecting new & old centers o Identifiable o Transit friendly o Sense of place o New building/bus. o Pedestrian Friendly o Street Enclosure VALLCO ❑ Is this practical since it is privately owned ❑ Strong vision to influence Vallco ❑ Residential may not fit — traffic & services ❑ Restaurants/movies will add life ❑ Residential will add life ❑ Tax incentives to convert dream to reality ❑ Totally different/unique to compete with Valley Fair ❑ Include HP/Compaq in dev. Plan ❑ Concentrate our "center" in Vallco — pedestrian place ❑ Concerned about entertainment o Has not succeeded in other areas (SJ/Palo Alto) ❑ May be something like Westgate ❑ More restaurants/food court /Applebee's etc. $$ here! ❑ Redo existing & turn inside out (Galleria, LA) ❑ Include teens ❑ Skateboard park ❑ Theater in Rose Bowl CITY CENTER — Park ❑ Can't be achieved because too much development already ❑ New developments should maintain the quality so people keep coming ❑ Should have uses that `finish the puzzle' DOWNTOWN VILLAGE ❑ Love town center idea ❑ Perfect location — center ❑ Have existing retail — build on ❑ Keep traffic through ❑ Not as big as Vallco — better place ❑ Would like a place PA/LG to "hang out". ❑ Expensive to change building formats ❑ Divert traffic around & make it ped/bike friendly ❑ Stevens Creek can't be diverted One Bold Step Make Oak Street the center of a pedestrian -oriented Cupertino Bring back a bookstore NODES & LINKAGES ❑ Light rail on SCB — median connecting to SJ/Caltrain ❑ Shared parking bet. uses. Keep parking free corporate lots BOLD STEPS ❑ Tear down Vallco & start fresh ❑ Light rail ❑ Connect our centers for residents, bikes & peds. (SCB — De Anza/Oaks, Target, Vallco) ❑ Create a sense of unique place (beautiful, walkable, restaurants, benches, more trees) ❑ Markers on Ped. Paths — miles walked and calories burned ❑ Places - destination (microbrewery) ❑ Residential w/ mixed use ❑ Connect continuous businesses ❑ New businesses — bookstores ❑ Have something to look at City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 18 Development Nadas W=l VALLCO ❑ Better department stores as anchors to compete ❑ Look at city's needs when redeveloping Vallco ❑ Make Cupertino a destination to spend $$ - conf/restaurants ❑ Place to "hang out"/walk l ❑ Currently "user -hostile" change 0 Develop more residential since location is not conducive to downtown ❑'+ Revitalize w/ entertainment & compete with Valley Fair. Build on current ❑ ' Family -friendly ❑ Use current infrastructure ❑ Redevelopment areas gives city more influence — use it ❑ Use city resources aggressive to create a place it wants ❑ Opportunity to provide affordable housing — dense 5-6 stories ❑ Of access to freeways ❑ Tear down — put IKEA ❑ Consider HP/Compaq when redeveloping Vallco DOWNTOWN VILLAGE ❑ Encourage ex. & new businesses/bookstores/shoemaker ❑ Don't take lanes or bring buildings close — create traffic prob. ❑ SCB — not the place ❑ Don't concentrate on Vallco — create centers that are connected ❑ Oaks is a good location — downtown ❑ Already thought of — rejected. Don't try again — will create hodge podge ❑ Need model of any area that would fit ❑ Need to expand SCB ❑ Need 2-3 stories — don't over build ❑ Strolling bridges to walk above streets ❑ Could create "bad development" ❑ Already have "Cupertino Village" — enhance CITY CENTER — Park ❑ Open space w/ happy sculpture ❑ Apricot/cherry trees — orchard idea ❑ Too much traffic for usable park TOWN CENTER ❑ Notice entire city for meetings LINKAGES Walkablevv, Stevens Creek Boulevard -- Connecting new and old City centers ® Identifiable o Sense of place © Pedestrian ftiendly ® Transit (light rail) friendly • New businesses o Built to edge, street encl. ❑ No connections — too much traffic ❑ Need too much critical mass to be successful — not Cupertino ❑ Oaks — Great location — MGM PKT, sports center/De Anza ❑ Town Center/Civic Center better location ❑ Use money (to reduce lanes) & get book store instead ❑ Provide enjoyable ped/bike routes ❑ Walk anywhere safely/seamlessly ❑ Distinguish type of work neighborhoods & connect trails ❑ Trails to hillsides, consider horse/bikes etc. City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 19 This page was intentionally left blank City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 20 `ky�IPIERT& Commerad & Office Development Reduce commercial, office/industrial and hotel potential citywide. Require major office projects to build housing (2 (0) units for every 1,000 sq. ft. of office space). M 4) L 0) Increase the number of housing units relative to _N jobs. t0 C W -W O CL Continue to concentrate development along major roadways. Retain (do not expand) small neighborhood commercial areas, & offer these areas mixed commerclaUresidential development opportunities. 0% 25% 50% 75% 100% ® Strongly Agree O Agree 0 Disagree ® Strongly Disagree "Sticky -Note" comments from the Commercial & Office Development Dot Board, ❖ Consider connecting existing commercial to mixed-use or high density residential with preference for affordable housing with teacher/police/fire department priority. ❖ Whatever you do, make sure there is enough parking — perhaps underground. ❖ De -annex land. Give land north of 280 to Sunnyvale, Santa Clara, San Jose or county. ° Specific # of housing?? Need individual evaluation. • How high will buildings be? City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 21 Commercial & Office Development Group 1 RETAIN, DO NOT EXPAND NEIGH. COM ❑ What is a small neighborhood? ❑ Keep small businesses ❑ Mixed-use — retail & residential ❑ Strike a good balance ❑ Potentially have employees live above ❑ Want to expand retail — consider mixed for vacant land REDUCE DEV. POTENTIAL ❑ Maintain or slightly increased — NOT reduce ❑ Improve existing dev, take of what we have ❑ Balance — don't be a bedroom comm. ❑ Hotel w/ conf. Centers boost small restaurants BOLD STEPS ❑ Balanced growth (Commercial, office, residential) ❑ Vallco park — live up to potential (make it a park) ❑ Homes then offices ❑ Create destination ❑ Density needed to get critical mass Group 2 RETAIN, DO NOT EXPAND NEIGH. COM ❑ Support mixed use ❑ Ties community to existing areas ❑ Tough to get loans (home purchase). Rental units, not ownership DEV. ON MAJOR ROADS ❑ Market takes care of it ❑ Focus on Stevens Creek ❑ Focus on Vallco area ❑ Reduce dev potential o RDA makes $ - focus there ❑ Office tied to housing o Bad to mix too much res w/ non -res. o Convert office to res. ❑ Don't lock into J/H ratio ❑ In -lieu fees instead of new units KEEP DEV. ON MAJOR ROADS ❑ Could attract light rail ❑ Keep out of neighborhood ❑ Light rail — employment, not stopping One Bold Step Create a destination in partnership with all stake holders while maximizing the potential of current resources -balanced growth ❑ Build housing over retail — vertical mixed ❑ Make unique shops — something they can't get elsewhere — identity ❑ Max potential of current comm. prop. ❑ Partnership — City & Business ❑ Public & Private Partnership One Bold Step Building Community Promote Incentives for Mixed Use in Commercial Development BOLD STEPS ❑ Build diverse community ❑ Commercial services near jobs ❑ Mixed use ❑ $ incentive — private/public win win situation ❑ Flexibility ❑ Build community ❑ Promote inc. for mixed use in com City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 22 C U-R—TINO '' Ij J Increase number & Intensity of residential untie along major corridors of the city Encourage production of more second - dwelling units on single-family residential parcels O �a+ (0 n., rt+ Require non-residential development In selected areas of the city to include housing O O 13. Develop housing that Is affordable to a diverse population (young famlles, seniors, physically challenged) Require in•Ileu fees to support affordable units for new commercial (retail) development 0% 25% 50% 75% 100% D Strongly Agree O Agree O Disagree O Strongly Disagree Additional comments from the Dousing D®t Board: Affordable housing should be located in walkable, high-density areas. City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 23 Housing Group 1 I Mixed use tied to Downtown Village Design is not important o Not too high Traffic may increase Quality of life — environmental concerns Smaller units more affordable Schools impacted by more units Teachers need housing in community Some housing for public service employees Cluster new housing together o Does not increase density in neighborhoods Short-term Vallco w/ low & very -low housing w/ entertainment center More zoning code enforcement o More proactive Afraid of looking too much like LA, Santa Monica Long-term: Hanson/Kaiser site for housing w/ variety of housing choices Group 2 Problem is low wages Balance jobs & housing Balance of schools, housing & parks Residents can't afford to buy home today Trade-off b/t housing & good quality of life More housing ruins quality of life Public service employee can live elsewhere Limit growth Public service employees are valuable Scatter affordable units Provide variety of housing choices Ll Job turnover with P/S employees ❑ Developers have fewer rules ❑ Second units may impact neighborhoods negatively ❑ Traffic and parking ❑ Redevelop Vallco as mixed-use w/ res. ❑ Add units to Hanson/Kaiser site ❑ Variety of housing choices needed ❑ Co -housing One Bold Step Stevens Creek Boulevard /De Anza Area: Integrate mixed-use development with transit and affiliated housing with consideration given to environment, quality of life and infrastructure. Short-term : Develop Vallco with mixed-use including low and very low income housing with entertainment/mis. centers. Long-term : Utilize the future Hanson/ Kaiser site to satisfy greater housing needs with variety of housing choices. o Can't afford homes Buy large homes & convert to 4-plexes, etc. SCB/De Anza — integ. Mixed-use dev. W/ transit & aff. Hsg. With consideration to environ. & quality of life & needed infrastructure City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 24 6' 'CUPERTIN05 Opm, S pme & P cr ks Acquire land in amounts less than 3.5 acres Ir park deficient areas Evaluate facility use to determine If more residents can be served Establish Joint ventures with school districts to build or operate new rec. facilities on school lands 0% 20% 40% 60% 80% 100% Strongly Agree ® Agree ® Disagree 0 Strongly Disagree Additional comments from the Open Space and Parks Dat Board: Small parks can be used for specific population services. Example: Teen Center. This may address the maintenance issue. Consult with teachers in plans. Let schools use the property during school hours and after for school activities. _City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 25 Develop portions of existing neighborhood or community parks to meet needs of specific populations (e.g. teens and seniors) O O cy Secure and develop rail corridors and creeks tee° as linear parks and tralls. in '@ Require new, large -area residential .a+ O developments to provide public park(open W space .a.. O I0 - Evaluate facility use to determine If more residents can be served Establish Joint ventures with school districts to build or operate new rec. facilities on school lands 0% 20% 40% 60% 80% 100% Strongly Agree ® Agree ® Disagree 0 Strongly Disagree Additional comments from the Open Space and Parks Dat Board: Small parks can be used for specific population services. Example: Teen Center. This may address the maintenance issue. Consult with teachers in plans. Let schools use the property during school hours and after for school activities. _City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 25 Open Space and Parks Group 1 ❑ Everybody loves parks o People walk in parks o People use the parks ■ Meeting place ■ "Stage" • Memorial Park & other parks successful ❑ Require develop. to provide o Integrate open space into new developments o Increase density to preserve open space ❑ Buy open space w/o density ❑ Preserve natural areas o Wildlife corridors o Ree trails in c't i y o Wildlife in regional parks o Keep McClellan as a preserve ❑ Re -think exist. Parks to be more natural o Native landscaping o Environmental ed. ❑ Joint Venture w/ schools o Teach stewardship at schools o Teach leadership w/ park stewardships o Consult with teachers on planning ❑ Connect green space o Stevens Creek Trail o Saratoga Creek o Street trees One Bold Step Go Native! (Park landscape, wildlife habitat, environmental education) City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 26 Open Space and Parks 1 16 ❑ People support parks o They move here for: open space, schools, climate o Peace of mind o Parks for all age groups (Everybody) ® Require open space from developers or enough money o Most effective contribution + o Add space at Biltmore ❑ Add space — more dispersed green space ❑ Parks for SR & young kids o Teens community need — neighborhood problem ❑ Teahouse in parks o Sister city garden o Library ❑ Multigenerational parks o Gym instead of Teen Center o Gym provides physical exercise & social interaction ❑ Joint Venture w/ schools o Community use off -hours ❑ Trails o Stevens Creek trail ❑ Need more land — not enough left ❑ Shuttle bus to parks on the hour o Extend bus service to parks /open space ❑ Walking routes o Map o Cross town trail o Streets more friendly One Bold Stege Create community through parks Concessions! Gardens! Gathering r ❑ Connections o BBF to McClellan o Stevens Creek Trail o Public transit connections o Cross town trail to public transit ❑ Community garden o Let people garden areas that are currently vacant o Add gardens to high density areas o Bamboo garden (classic Chinese garden) ❑ Joint venture/De Anza to create a beautiful park on campus ❑ More trees ❑ Parks in park def. Area ❑ Park concessions o In many parks o Bocce ball/horseshoes o Games like checkers ❑ Create the feeling of community in parks ❑ Welcome to Cupertino City of Cupertino Community Congress, May 3, 2002 General Plan Update Page 27 When: Friday, May 3,2002,3 p.m.to s p4m. Dinner will be provided. Where. De Anza College Hinson Campus Center 21250 Stevens Creek Boulevard, Cupertino Free parking in student parking lots (Map .enclosed). Topics: Keynote speaker and Urban Designer Doug Suisman will present examples of how to create a "sense of place and vitality in public and private spaces. Participants will reflect on anticipated growth and future needs in Cupertin's General Plan.* Discussionswill focus on: Commercial Development ® Environmental Resources & Sustin�bility Housing ® Jobs ® Neighborhoods ®pen Space & Parks ® Transportation-& Traffic ® Walkability & Trails RSVP. Please respond by Monday April 29 to Laura at (408) 777-3331, or e-mail laurai@cuperltino.org, or return the enclosed card. *The General flan is the blueprint that governs growth and addresses change. 1 State law rpni iirPC Pa -h ii Iricriir Finn to I, ni i a 2 ■ Introduction neighborhood may need to be balanced with the overall needs and potentially greater goal of building a community. 2) Neighborhoods. Neighborhoods are the building blocks of the community. They must be safe and attractive and shoed be anchored by open spate Ilocated on park sites or schools. All residents should L have convenient access, to parks, trails, bicycle paths and. nearby shopping facilities. The plan identifies strategies to protect and enhance existing single-family And multi -family neighborhoods, protect. residential areas from incompatible uses and create attractive, new mixed -*use neighborhoods. 3) Health and Safety. Great communities protect the health, safety and security of people and pr6perty. Safety measures; include conventional police,. fire, para-medic—and health services. They also .include disaster plaphingp safe b�ooDdi�g and site design, protection from natural hazards including earthquakes and` landslides and extend to sate, well -designed -parks, open space, tr.ails and pathways. 4) , Connectivineighborhoods remains one o� the major r challenges facing cities interested in enhancing the sense o community. Freeways and 'arterial streets sever neighborhoods, and developments wall themselves of from noisy,66orri' atible uses and busy streets. We. trails, paths and sidewslks an, . ssfe sheets uu O uputa Lu of It PUPUadl wo sww ba OUP UUA*Lul vp , r restaurant ®r movie theater that POOI, ��j®y:. : Y ' rkS frequenting. Cupertino Qs committed' ti y Introdud ®i1 10) Education and Technoiggy. The educational system in Cupertino has an international reputation for high achievement and excellence. Quality facilities and programs that enhance learning (schools, libraries, book .stores, Internet infrastructure) are essential t® maintaining and enhancing the community fabric and identity. The Plan supports the school districts' efforts t® maintain the quality of educational cpportdnities in Cupertino. 11) Environment and Sustalnebll'sty. Great communities. protect, cherish and enhance their environment., Cupertino is fortunate to have a range of environmental -settings, from undeve.loped. natural hillsides to semi -natural creeks ani �otiVe landaped. parrs in urban areas. The Plan addresses how the hillsdes will continue to be protected and how creeks will be ennan _ d cr restored to their natural stag in the urban areas. The e�vironrneht is f rther protected by limiting urban land uses t® existingurban areas. Sustainable " concepts encouraging environmental protection, recycling, and minimizing use 'j of non-renewable resourcesare all addressed. 12) ` Fiscal Self Reliance. focal government fiscal resources ,have been undermined tosatisfy the state ®t Clifornia fiscal or energy needse The volatility c local fiscal. �er�usl tlPe�ens't�ei�ality o cities to deliver high quality Public 'facilitiesand services to its residents. Cupertino City government will strive to be fiscally self- reliant elfreliant t®. ensure the continued ability to deliver essential.,high-quality municipal facilities and services to its residents. 3 Responsive Government and, Regional ea r l�' �e s � . The Galan i - emphasizes the city's cemmitmerit to community participation ani development of leadership, local partnerships and ah, interested, active populace. Cupertino will continue to be an activq, leader ®n regional issues affecting its residents and; support, innovations that make government more accessible and visible to residents. ,Key.�. ss_o Demographic: Both )_;iI .,I Santa l_ I (I i.' and the City: �o s 's 1a�!: ! 1 !'(I If11' to Q' 0 }j4Lpir i( - r rate projected" to be .1 ! I ! �,Moetno ( �ll I (�� ' i" `_; t r f !-_ I ! i''ave'rag'e - i,��l_ household :t �,;;�� I'I ��i.r1 __ , _ t',^f ��1! fit_'��j -f �B�i'`� !II 2000, compared r o 6 I1,99G. t dsize will • e nf pe ` (; o I fl 2005 % persons p.r. j household. Ni of ! per household :' I also peak in the County in 2005,,� with 3.05 pers, 6 ns per household. THF r.HOPPR`CiOMnl rFMBFPAI FI AN 0 s The most dramatic demographic change in the future will be the sharp increase 6n the number of pecp&e 65 and older. Cupertino median age f6810 - s that trend, it increased from 36ye'ars in 1990 t® 33 years in 2000. } ■ Introduction .Planning implications are that job growth will. continue* to increase in the region and Cupertino, and will outpace housing growth. Providing adequate numbers of housing units at affordable prices will continue to be a challenge. Reliance on sale taxes as a revenue source will continue to motivate, the City to attract commercial businesses to the community. Public Services: The General Plan assumes that Cupertinos- urban service area will not be expanded during the 2myear planning period, since future growth can he accommodated in the existing urban area where services can be provided. (The following subjects will be discussed after -meeting with dept. heads) Water: The Santa Clara Nlley Water District is responsible for water supply, flood protection and watershed m nagernent in Santa Clara County. About half of, the County. 's 'water supply comes from groundwater. The. District reports that with the implementation, of the Integrated water Resources , Plan proferred Strategy, there are sufficient water supplies to meet the heeds 'of the ounty through year 2020; assuring the groundwater storage at the` beginning of a drought event has not been seriously depleted by previous events. Cupertino's water suppliers. are San Jose water Company and `California water `Company. Except in the case of prolonged. drought, the Santa Clara Valley water District anticipates an adequate water supply t® meet San Tse water®i�pany's Projected demand throughout the year 2020. 7hc COmpany has.a comprehensive water conservation. program, and rep®rts that water demands can be met through properly managing , available supplies and by encouraging moderate permanent reductions in water use. Parks and Recreation: Cupertino. provides a variety of park sites and recreational programs. Park sites consist of tot lots, neighborhood parks, community parks and school fields. Cupertino's standard, ratio for park acreage per population is met currently, as well as with the General Plan build out. [Priorities for new parks will'he giyep to neighborhoods least served hy parks and to hew denser oeve6®pments that are punned in areas previously Commercial ®r office/industrial. Use of school fields will be sought through purchase of surplus land or, continued leasing. Linearparks and trails will serve as recreational space for park -deficient neighborhoods and will serve as links between neighborhoods. Availability of funding? Recreational priorities will focus on the underserved; including young people and the aging or disabled Library: Merry, is there a summary'? Streets ® maybe drop Sanitary sewer Education° - "'1. Rd n Ip_ �n _ nn _ n _-n - - - - - The Fremont Union. High School District reports that enrollment has been increasing in the past ten years and is projected to increase in the future. Enrollmeht growth is most -likely bei � �ener ted by miiies, moving into the area with school -aged children who attend public sch6ois. ®e �za College projects a signifi nt increase in enrollment and facilities in the next decade, with enrollment increases ®f approximately 3%, per year. Projections, reflect the general population increase in the area, the significant increase in the number of high school grad ates and the demand for higher levels of technical skills. A draft °2000 ' master plan proposed an increase to 32, 000 students by 2010. Planning implications are that while school districts in the area are .experie�cing growth and schools are cat eity, Cupertino's new residential construction is not likely to significantly . impact the elementary schools and high schools. The projected growh of be Anza College could exacerbate Cupertino's joos/housing. irnbal�Oce' and traf N c impacts. THE cUPER INO GENERAL PLAN 7 0 4 I� - Environent High-quality air is fundamental to,, the health of people, nature and the economy. ®zone standards in the [day Area were consistently exceeded in the last .decade, although the number of ox .ding days per year declined. Levels of particulatematter, ® dusty smoke and soot ® have been decreasing -since. 1990. The Bay Area Air ` Quality Management District continues its efforts to attain the o zone' and regional haze standards in the future. Sustainable development, which improves the quality of life in the present while ensuring continued prosperity in the future, ,is la timely concept that envisions using land, energy, water and other resources efficiently and responsibly. Sites are designed so that rainwater stays on site and .seeps into the grounds buildings are designed for solar access and use of natural light, water, paper and building materials are recygied and reused. The. plain assumes the need. to conserve resources throughout the life of the plan. Both the Santa Clara County Parks and. Midpen nsula Regional ®ped Space .District own and manage public lands in the hillside4 adjacent to Cuertinoo These parr and�e spate lands area recreational, visual and biological resource to all of Cupertinwari.0 surrounding communities. These lands, as well as potential additions to them, are hosts to hiking, biking and equestrian trails that are local and regional - serving -M anning a pfioataons are that premiums will be placed on the use of natural resources for both development and recreational purposes. Use of water, air; energy and Rancho San Antonio natural materials will be monitored and conserved. Buildings will be retrofitted or designed for energy efficiency. ®pen lands will be evaluated I for future park purchases and trail access. Transportation `ravel demand in the County will continue to increase significantly over the next 20 years. The widening gap"between Jpb and population, growth and roadwaycapacity expansion means that a growing p y p g g pool of commuters.will . be Tunable to find room on the roads. The error out pent-up demand for roadway space will limit Ithe ability t significantly reduce c®ulgostion over the 20 -year planning horizon. -Strategies to address this challenge. include neer transit investments, roadway improvements, bicycle projects and integrating transportation and land use planning that supports walking, 10 I ■ P� Introduction COM-Mun1tv..Seftim Cupertino, located in the Bay Area and Santa Clara County, is a blend of smell -town neighborhoods, local and regional serving commercial areas' and high-technology incubators and headquarters, encompassing 11 square miles. Cupertino .was incorporated in 1955. It is served by major transportation corridors and County nus transit. Most of Cupertino is on leveB ,grou*nd that rises gently to the west. , The incline increases at the channel of Stevens Creek, forming a s�6rt pl6teaW near Foothill Boulevard: The plateau ends at the foot of the steep ontebblio system. of ridges, ;,which extends -along the west and south edges of-up(O tiro, creating a dramatic amphitheater onckdro t® the valle floor lost ®f p y the hillside lards within upertino's West end of Stevens Creek boundary agreement area are unincorporated. County lands are Jncldded in upertino's planning area because State legislation requires that the General Plan cover not only the city's boundaries but ".any land outside its. boundaries which in the planning agency's judgment hears relation to its planning." Purpose ofthe.ever I ° The Cupertino General. Plan -provides . a coherent vision of the, City's future by -integrating the aspirations of residents, businesses and officials into a comprehensive strategy for guiding future development and managing change. The General Plan describes the long-term goals. for the City's future and g ides daily decision®making.. The time . frame of the Plan is 2000®2020. The Plan contains the Cify,,s official policies on land use and community design, transportation, housing, environmental resources and public health and safety. It provides guidan about growth, housing, transportation, neighborhood improvement and municipal, service delivery. Conflicts between mutually desirahlo goals are inevitable.. for instance, automobile mobility will coh ict with a safe, walk -able community.' The. space and signal time grante6toi the automobile will expand the street width and reduce the level of service an8 der ptio o'saety®r the pedestrian. The Plan attempts to reconcile these conflicts in the interest of building a cohesive community. In some cases, the conflicting, goals must both compromise to provide a reasonab,lo ,level of s6rvice to hots competing interests. these are conscious choices th' the city makes in the interest of building community. The General Plan 'reconciles these conflicts in the best overall interest of the community.' 12 The number of amendments to the General (blah is limited- by State law, which specifies that a mandatory element may not be. amended more than four tees a year. Cupertino ordinances require that the City Council determine it a public hearing should be set to consider a General Plan amendment, General Plan Im lementation The General Plan is the foundation for planning in .Cupertino. All physical development Faust be consistent with it. StOte haw also requires that zoning be consistent with the General Doan. The General Plan programs are carried :out through a myriad of City plansend apprvai procedures, such as special planning- . areas, use permits, subdivisions, the capital improvement program and park planning.,,, The implementation Section of the General Plan ;is the tool for determining priorities and assignments for parrying out the General Plan. The annual General Plan review, as required by State law, provides the opportunity to evaluate the City's progress in implem'Priting the plan and to assess if mitigation measures are being followed and if new policy direction should be considered. GAPIanning\GenPIan\GP Introduction3.doc I THP M BPPR`liImn rm=mi=PAi Pi Aid@ j I j I _ �m '® gaplanning/rnaps/HedtageTree CID. CITY OF CUPEkTINO City Of Cupertino Heritage Tree List (In conformance with Ordinance No. 1573, Section 4) R Tr_eeID.SP r t YEN . � : _ :t: , � _ { _ -TY�1� ~20971 SDE GNA .. , , i =u: - ;�� `; . Tree planted Mabel William Noonan's Grandfather, Samuel 1 Pepper Tree Pepper Tree Lane Williams in 1888. Mabel was a teacher in the Cupertino Union School District for 17 years, well loved and known for her enthusiastic promotion of Cupertino and its history 2 Kolter Pine 20900 McClellan Road Planted between 1900 and 1909 by Karla Friedrich. He was the Historian of Cupertino until 1950. He was a resident of Cupertino 1 and a native of San Francisco, born in 1869. 3 Coast Live Oak 21971 McClellan Road Considered magnificent specimens to be preserved. 4 Coast Live Oak 21971 McClellan Road Probably one of the largest trunk diameters seen on these species. 5 Almond Tree 10026 Orange Avenue Planted by Samuel Williams. 6-38 California Fan Palm Avenue right-of-way Planted by John T. Doyle to line the main.entrance to the Las Palms from South Foothill Blvd. Palmas Winery. Doyle was a prominent attorney, author, historian To Scenic Blvd. and vintner. For additional information about these heritage trees, contact the Cupertino Historical Society or refer to City of Cupertino file 81,004.154. 12/99 G -./plann ing/misc/HeritageTrees.doc Transportation �� ■ ■s. aG.mw ' �V! .1-:.•iF..._ . ,�nHty•„•,t�=�+ 7- J �� aannln _ ■ 4' e: = .■ �i `� ' �t t me.■r' ■ �� IMF 11 c p W. ,��II �� ■/(011fi �� V :o Iiiifteff of\YlPa�■sl�"f•1a i� �uui+7�� t fit±�� ' �`�� =��`=�� ■ ■ /ane `/III.��L - IIIII`f/ICj i- _ -■� ■� • `�i1► �♦�•�i�fja r�, ® • g'. ■. ■ �. i r �..f Ott �� :c _: �`�.� .:•� Ito RAW -�: �►_ �; ••-(�,i��ai - Iii♦ •4q' Qom% /�+'�" �� J �� 4.. ` ! ■` � '- v intim .Gam en.w� \�� C- i:!fu.. � `c.' •.i►��' a rnm .-umn wet[. „"� n �v a.rnnn p *§'R 5-14 = el n� �� `-� `��"►% ;- Lt'�i Iii rr J€� �,4" �iaa - Illllilriiryuaio ■ �pii = t f i � � i�.ar rr\f/■■ .. i .i �I 1/IIIIC ity� a, i. bfla� oum; flair m _ -_____ -� � ■ �1` � E?� 3'a� � ■ 5 --? .1111111. � ��►`� � � j E CJ Allis ■ ai f u a►r .. i'u OC :. Mzmai �� 1( � � �� : �.►i�i►�iq 'f��+��►rC �" 5� 71'x' '.. it .►j�� .' �� '. _ f_ .5 _G.N 155END ��G.' `.'., G,/iN= = unu. i► fare .�L�i ii��.��-ter-_emu,••-�'�'uu =._:� r _5 1a 4t o. Gary Chao From: Ciddv Wordell Sent: Thursdav, April 18, 2002 2:59 PM To: Colin Jung Peter Gilli; Vera Gil; Gary Chao; Aarti Shrivastava Cc: Steve Piasecki Subject: Wording on "neve strategies" Re: Community Congress new strategies: Steve pointed out that the neve strategies should be worded very conceptually so they can be understood at a glance. Look at the wording in the sample strategies 1 handed out, e.g., "Require in -lieu fees for neve commercial (retail) development. April 1, 2002 Mr. Steve Piasecki City of Cupertino Director,of_ Community Development 10300 Torre Ave. Cupertino, CA 95014 Subject.- Letter ofEngagement for Community Congress Dear Steve: Based on our conversations and email correspondence, T have drafted this letter of engagement to provide planning, preparation, facilitation and recording services in connection with the City's upcoming Community Congress. Please review the revised scope of services and budget outlined below. City of Cupertino Com unity Congress IG Preliminary, Scope of Services Task 1.0 Community Congress Preparation. MIG Principal, Carolyn Verheyen, will consult with City staff to refine the specific objectives, issues, and structure for the Community Congress. Based on this consultation, MIG will coordinate logistics with staff and assist with preparation of the agenda and comment sheet. Additionally, MIG will offer Wconsulta-,theyclesigpZ% graph c ma ails for tl eMay'3bd event. Professg®goal `i[ irmb-- (All hours include travel time) Carolyn Verheyen 7.0 hours@ $150.00/hr.................................................................$1050.00 Project Associate 3.0 hours @ $ 85.00/hr.. .........................................$255.00 Ptiouc�t�®,ri�.aiage 4.0 Hours @ $95.00/hr............................................... $x380.00 G a, g � �Associ to 2.0 hours @ $85.00/hr........................................... $170.00 Professional Time Subtotal............................................................ .................... $1,855.00 Direct Costs (mileage, communications). ........................ .............................$35.00 Yaslk- 1 Estimated Cost....... .............................. $1,890.00 Task 2.0 Community Congress Facilitation" Carolyn Verheyen will facilitate the Community Congress on May 3,d. Participants at the event will have the opportunity to learn more about the ,General Plan, test major issues related to the Plan, and build on strategic directions from the previous Community Congress. A team of 8 MIG facilitators will engage stakeholders to actively participate in the small breakout sessions of the retreat. I j COMMUNITY CONGRESS,ULE AND TAS 3/28/02 SCHEDULE 3:0.0 Sign in i Open Douse: Factual Displays around the room on the table topics (Self education) 3:30 Opening Remarks p g :OS Richard Lowenthal, Mayor :10 Steve Piasecki, Framework (previous congresses, general plan background) :30 Doug Suisman, urban designer :05 Carolyn Verheyen, MIG (explaining the schedule) 4:20 Dot Exercise (Participants visit each issue station and place a dot on their preferred strategies. A stamp is put on the attendee's program at each station they go to:) 5:00 Small Group I (8 small groups) (each participant will attend two small groups of their choice) 6:00 Dinner 6:30 Small Group II (8 small groups) 7:30 One Bold Step (a rep. from each group, 16 in all, come forward with a poster stating One Bold Step they recommend for action. The poster is displayed on the wall for all to see as they leave. Drawing'(anyone who got stamps for all 8 stations is eligible to win, and must be present). 8.00 Adjourn . l TASKS TASK PERSON Mailing and publicity Laura Cidd Redo scope and send to Ciddy for contract Carolyn Get quote for printing and mounting displaydisplgy boards - Gary Video/audio interviews Prepare ®pen House displays (factual information regarding issues for table topics) Liddy, Gary and all planning staff Coordinate with Doug Suisman Cidd Coordinate with Ike Aria College Laura (visit room., food, music for arrival and departure) Signs for room identification, table topics Laura? Prizes for drawing,Laura? P®Wer®lnt Lu ment C1 Channel? Audio e ui ment 1VIiG " Flip charts markers dots stamps MIG Nameta s pen§ Laura Strategy matrices MIG - original Gary — reproduction on boards Text - Ciddy and staff MISCELLANEOUS: ® Fax floor plan to Carolyn Laura 0 Cupertino State of the City. 2002 Hosted by The Cupertino Chamber of Commerce and Cupertino Rotary you! i I My wife and kids, my parents L -i Fellow councilmembers9 past and present Entar(�� 0 KnapF Now a short video showing the Rp,.Pt nf Cllnprtl*nn xn'R�s�a��,�, r k...' I hal'Iengezi Economy — and our revenue strea-m . A saturfibrary Affordable Housing D'Oevelopment what, -we have _.. I r- , \To downt.Lown, and an automobile orientation C -1 0 on tive_rat.- u outh who don't feel , LXP all Ill REO By DEPARTMEN'T ark s, & RecrezAl on, Debt Service .per; up ' & s Law:: Enforcement ■n ion ,��.+�.{g; S 9% 'C'apital Cc.] ui end - n 1 , v ft -Opm`? Services, �_.. d' Public Worker .. E-,�-,- r, . r — r� -. , . i: r r .��" f L �. s n' 3 tr✓ r r -.r.' r �t -. -r •+ k •t=! _. ( ., r , - r <. , 4. F, f .» ? . N .Ar. .�':. : .., °'",r Md: .a „ ,'r r d .. _. . %, z %,, � „s,e� ? ,.. - t x'' k ssrr �,rfr � �[ �" a �trr s- on S .i it' w comers Yot-,fth who don9t feel valued Development'stress on what we have Is 6 No downtown, and an automobile orientation Constrixti ve integration. of new comers Youth who don't feel valued h�Yk h� w h q w a h L h� h ., ... .. .., .. .. �e e... .. 'S b.S{*f.1u�bS.Ra. _ 95r'rmc. . Y>_au xr ,. �`ne.,....�PS'":. Sm .::.j..,�sk�r,,,c..tc 2�"Aa i�.��"^r'«:M� ,�'_. '�k'�X��.. �:. -%ur -.--.conomy revenue �, lu'Development stress o wh d we have j No downtown,and an automobile orientation Constructive integration Youth who don't tceach ou t an d show a..�....�'^'c. d aarir-i rs e ✓ and Get beyond "Parallel Play" trust, at we are planning Housing using programs Reach out and show and earn respect and trust. Get beyond "Parallel Play"... or iii iet Youth know we value them 0 0 0 Develop a pedestrian ontentation 0 ,r As'an u i immigrants and old timers are in peace co -existence CommunityNV"e now need. to continue to move toward doing L-hings together' and buil ding a larger ■ We have improved communication We will jointly do a Lunar New Year parade Measure M will be a campaign .wm..ev .. .. .. .....:..y..........«6�..d....�s��..�...�.��.,....�.w.w......... «. s...x.w.ea,..s...,......1.i:G� '+pvw.ntlG{c?A+1 "tAei •WA.:ivEd +'�-. usu��, s_un. •aa,a, uasisw uery M ' $ �.-��'J' r ' "?°a "v$.� k 4vN- ,4",, ,{ f ■ Work to let youth know we value them RM��i r��' Oi�'aria h �� ^t�e- 9 Youth q. �s �G r Cornerstone Project says �•� 1 of our _rv_�Iwl i As indiviauals, i• a lot, but `` kids don't know. We • do more., The City needs i through programs and facilities. Today we start a program Youth" with the Chamber of Commerce, the YMCA, the Teen Commission, and the Cornerstone Project .d 't forget the crab feeds on 2/15and 41 ear w� .gam r y f v ak f n" m: # �' .n.:,. $ �°' 1`'' ;a.& * "'" �., c ,5>z A�'' � r .�� '.a-�`�k a-`� n :ss�•� x" - rt� •e. m,a .a ...tea �• ,., ams,+ .,yg &qy <'.!>'R�°fir ,, y,y „,.>wR§ �N¢,d+ <°. � ,�°'� ;"�$�` �"�" :s' xax�:i+»�� I� '�..�gU�, kt, i " r vVaIkab1*11'*ty and Community 1,:,. This year we will build our first trail — at the Saratoga/San Tomas Creek , ., .,........ „. .x�. .. .. r .. ... o .. � 'a''`.,$.�•�2�.�s��'�aF: �z�_��k='�"��s't`�"C�'��w'�.. �,H4R�-r�",'"�'.`:., u.'�`Y.4 ., v-s'ar ,f��'. u..�...3 gsk��ii�'aLd4d11rdy2t#r!s*.nn„.,:mnyiaF;rmruea.r�uaz;err±xa.anrwr.',.a.�a:,e� �rRIM n hg .. .. _. _ ..: d.. .V .+.:X P"xx. r• 1 .Y -F s? x ^'F A=iENDJ9 r.. ,(',P'.R%3`.a.. 'p". mg _ t _.—.d.�.. _.... �.�r4. t a l+ tis s xv " —010,16- r, - s 6 Rr alkabi"li'Oty and Community � Tra Vigne mixed use 40%roject -� Marketplace center with streetscape d"yrys f® Do n w town V 111 a e at Tar etMervyns g g ...�r possible reconfiguration of Stevens Boulevard ,. Center TownChic with -*integrated ate d ��°- ta•,PYq. k[k d xtldl j Center 9 . ?... ,.. w.:. "+. r��r."v°w: y, a:\. -..x" >. .. .,. .... .rk...... .: ......;.. �=•ro •r4, 'E3�'ab .ri- *^•a _ ..... .... . .. .. ... .:.:.« .�.. •. -;:< . ,._„ a.:,.. ,,.... �w ... . ,..,w'x:'+�°.`'�'..^,r:`.+.....V..e?w.,..?........,.,.. ,..., ._ ...�_`'� r ..,. _ .. ,,..... ..,. _ .. > _ . - .w :. ,.,,�. �c .. .' 4�x�i �x .. v� ... �.1. .� .�.+. d'e'w` SF...A,.... .. ,f,� ,..., ,., m,. A N.' �hhl„ -. .-:: :;, ,«.. ...,;, ;�: "3^r..:^+t I". , w.. �� - ? N�.: :. ,1:£ri :,.m .. ,�.. 1,3i 4 .,.+.'•*'. �. ..:;<-� ,. d a'�- `.1�,.. t", �'X"', +", ,'rK'34.�_ +: .;.�,;. , , : - , . , r r«.� � . , rix r E . A' wa �'�» k'k� �a� r� a. ,i � � . k 7< � s ., , 7 s k �� a + �„i �' "Y �, • ; : c % � , ,„ u¢ , :-� : ' ' ' , � � L:r` , ,7 .:. , c- � 'ls � K ,1�.. I � 1 a :�; � is R�•�� ,�'�•1`r+8r' Z"4�k,iPF t}"s) +C } *�Y'� '1;. •. re uenAskedUestions What's going on with Vallco? hat's - Oaks heatre? What's the lanat a �an o What's going on with the Skate Park? What's all that building a Center Y MIS „k,, µ 5� �31911. ,. WC%; will let youth know we value them r We will prevail through this recession with solid management 1 Fin 'f without Children �. 36% \ Single Pa � r ��w1th Pill i 89 S30% 1 firs 'c A in -Scale P iiesir n 5 I� 2 3 Ml El VE 2 �W&c tA El m 5 1L �' tea +R 1 tr � a 0 0 5 . �....� . y:o v \ z LU IREs aE 9s... �a pp Ii nt� ` ifta�u 4 rg: 9 !!!! 0=4 mm whatWO)O... E i�� irecycl inged-id provide curb side pick up servi,ces for residentiM,and conimercial. recvcled ma -term The Citv :has inest- the State required 5-0% solid waste reductigoe al. ,on ceddar,unde t4 "P - 6hi the iffis�� of re f m, t �r bit 4dentialand is! Al waste to. stormdraims *'Require site csialls to minindze mipervio4s cover that the sites be p:repc-r ed accords to the BOst M,qngement Practices (-Rmpl -for W CUPERTINO, Ella urban runoff NN� 5P, P--roLectthe, ,hfflsides.byffiiyitingdev-elcipn-Le-i-itson:steep slopes, prominentridgeline - s and riatural. i -areas near creeks 14.18°010 . Chapter 14@19 Ce Protect aesthetic and scenic beauty; D. Assist in the absorption of rainwaters, thereby ITAGE AND SPECHAEN TREES. ,preventingerosion of to soil, protecting a P P � gaganst flood hazards and the risk of landslides; Sectionse Z. Counteract 'air pollutants .by protecting the 14.18®010Purpose- kn.o., wn capacity of trees to produce pure oxygen 14.1$®020 DeffinitionsiX from carbon' dioxide, 14®18®030 Retention promoted. Maintain the climatic balance (e.g., provide 14®1 ®040 Designation- shade)$ 14®180050 'Heritage tree lisp Go Help decrease potentia damage from wind 14. 18.060 1 Of protection. vel®cities, 14.18®070 Recordation,, HeProtect, specimen and heritage oak trees. 14.18.0 -Identification to 4 For the above reasons, the Citywands it is in the 14.18.090 Application to remove. public interest, convenience and necessity to enact 14®1801 Notice list to accompany regulations controlling the care , and. removal of application. speoianen'and heritage trees within the City in order .4®18.110 App to retain as many. gees as possible, consistent with 14.18.120 Permit required for removal., the individual righ to develop, -maintain and enjoy 14.1&130 -Enforcing authority. Pivate and p6lic r®P to the; fullest possible , 14®18.140 )Exemptions. extent. 14®18.150 Application.for-permit. Specimen and heritage trees are considered a 14®lil®160 i ®r to inspect. -valuable,, asset to the co i itye Tine pr®t tion of 1®1S®170" ' evie ® appli ' tion. such trees in all zone districts including residential 14 18 .view` ar a zones is intended to preserve. dais'. valuable ''asseta . 14.15®190. otection o . c®fit °®n® ®rhe 1573'§ 2, 1991° Ord.:1543 § 2, 199 1) 14.18®2 Protection plan before permit grmat d 1418.020 Definitions. 14® 1 pp t to tie Unless otherwise s ,.the following definitions prate ion.pe to this chapteka 14®lil® 0 Notice of ' action on permit— Ae 'City" means the City of Cupertino.. situated Appeal. in the County ; of Sana .Clara, Cal foMI& 14®1$®230 Penalty. "Develo ed resndefntnal99 means an al le lot B. p of record, zoned single- °lye duplex, agrgcultttral 14®18®010 Purpose. residential and residential ° side, I apy sticture In enacting this chapter, the City, of peen® (principal. or accessory) ,constructed thereon. recognizes the substantial economic, environmental Ce �`Hedtage des` means any tree or grove of and aesthetic importance of its tree population. The trees which, because of factors ineludiang, but not City finds that the preservation df specimen and ° °ted t®, its historic value, unique quality, g° s heritage a gees on ovate sand publicproperty,aid P p We - hei ht or s ecies, has been f6u�nd b the chi c- P Y the protection of all trees during construction, is tural and Site 'Approval o °ttee to have a "special necessary 'for the best interests of the pity and ®f significance to the c® flty° the citizens and public thereof, in order to: De "'Oak tree"' shad include all, trees of oak gem A' Protect, property values, nus, including, but not limited to, the `Walley oak - ° Assure the continuance of quality develop- Q ercus lobata,) and California Live oak (Quercus menti a folia). 378-1 (Cagewno 9.)0). 14.18.020 E. "Owner" shall. include the legal owner of real property within the City, and any lessee of such owner. F. "Person" shall include an individual, a firm, an association, a corporation, a co -partnership, and the lessees, trustees, receivers, agents, servants and employees of any such person. G. "Private property" shall include all property not owned by the City or any other public agency. H. "Public property" includes all property owned by the City or any other public agency. I. "Specimen tree" means any of the following: 1. A tree which has a trunk with a circumfer- ence of thirty-one inches, is approximately ten or more inches in diameter, measured at three feet above natural grade slope; 2. A tree required to be protected as a part of a zoning, tentative map, use permit, or privacy protec- tion requirement in an R1 zoning district. Species Measurement From Single -Trunk Diam- Multi -Trunk Diame- Natural Grade eter/Circumference ter/Circumference Native Trees: Oak trees 4-1/2' 10" (31m 20" (63ff) California Buckeye 4-1/2' 10" (31") 20" (63") Big Leaf Maple 4-1/2' 12" (38") 25" (79") Nonnative Trees: Deodar Cedar 4-1/2" 12" (38") 25" (79ff) 'Blue Atlas Cedar 4-1/2" 12" (38") . 25" (79A) (CUPU ID0 9-00) 378-2 14.1 8.020 J. "Tree removar' means the destruction of his/her use at his/her discretion in order to obtain twenty five percent or more (in a twelvemonth the retention objection° period) of an heritage or specimen tree,by cuttin' , P ) Y g P Y g Ca Privacy protection planting in R1 zoning retarding, girdling, or applying chemicals. (Ord. districts shall be maintained. Landscape planting .1835 (part), 19999 Ord. 1810 (part); 1999, Ord. maintenance includes irrigation, fertilization and 1715 (part), 19969 Ord. 1573 § 3, 1991° Ord. 1543 pruning as necessary to yield a growth rate expected § 3, 1991) -for a particular species. Where. privacy protection planting dies it must be replaced within thirty days 14.18.030 Retention promoted. with the location, size and species described in Heritage and specimen trees are considered an Ordinance ' Ido. ,1799 (privacy protection) and its asset to the community and the pride of ownership appendix. The affected property owner, with privacy and. retention of these species shall be promoted. protection planting on their own lot, is not required The Director of Community Development shall t®maintain the required:,planting. (Ord. 1810 (part), conduct an annual review, of the status of heritage 1999; Ord. 1630 (part), 1993;1 1543 §§ 4.4, 4.5, trees and report the findings to the Planning. Com- 1991) mission. (Ord. 1715 (part), 1996° Ord. 1543 § 4.1, 1991) 14.18.070 Recordation. Heritage and specimen trees -required to be re - 401$®®4® I3esignationo tamed under Section 14.41°020 I29. except for trees The Planning Commission, may,,b resolution, on public property, shall have retention information : designate a tree or. gn grove of trees as a heritage placed on the propertydeed. vi.,a conservation tree(s). Prior to adoption of such a resolution, not easement in :favor of the City, private covenant, or less than ten days' written notice shall be delivered other method as deemed appropriate by the Director. to the owner. If the owner =of the property protests T'he recordation shall be c®pleted by the property the designation an appeal can be initiated. (Ord. owner at the time of use permit; zoning, tentative 1715 (part), 1996; Ord. 1630 (part), .1993; Ord. map or ;initial/new building permit issuance. (Ord. 1543 § 4.2, 1991) 1573 § 4.6, 1991° Ordo 1543 § 406, 1991) 14010®�® Heritage tree list. 14®18a080 Identifica trim: A heritage tree' list shall, be created and amended Heritage gees shall :have on them an identifica� by resolution. 'The list shall include the reason for tion tag, purchased and; laced by the City,.inscribed designation, tree circumference, species name, coil- with the following information: mon name, location and heritage tree number. (Ord. 1543 § 4.3, 1991) CITY OF CITPERTIht® HERITAGE TREE NO. .14.18.060 Plan of protection® Please do not prune or cut:< A. The Planning Commission shall consider a before contacting the City.: plan of protection developed by the Community Development Department or a City -retained certified (Ord. 1543 § 4.7, 1991) arborist. The protection plan shall include infonna® tion for correct prpriing,, maintenance and fertilizam 14®180090 Application to remove® tion methods. If an application for heritage tree; removal is E. It shall be the property owner(s) responsibili- submitted, the, request shall be forty ed, to the ty to protect the tree.`The plan shall be provided for Planning Commission for review and approval. It is 1 the applicant's responsibility: toprovide supporting - 378°3 (cugerdn® 11-99) 14.18.090 documents as requested by staff or the Planning Commission. (Ord. 1630 (part), 1993: Ord. 1543 § 4.8, 1991) 14.18.100 Notice list to accompany application. The applicant shall provide with the application a list of names of all persons owning and/or occupy- ing real property located within three hundred feet of the property involved in the application. Where a property is a multifamily dwelling with more than four units, the name of the building manager will be supplied on the list. Notice of the Planning Commis- sion hearing will be mailed to the names on the list. (Ord. 1630 (part), 1993: Ord. 1543 § 4.9, 1991) 14.18.110 Appeal. An appeal of the Planning Commission's decision may be submitted to the City Council, in care of the City Clerk within five working days of the decision. No tree shall be removed until the appeal process has been concluded. (Ord. 1630 (part), 1993; Ord. 1573 § 4.10, 1991: Ord. 1543 § 4.10, 1991) 14.18.120 Permit required for removal. Except as provided in Section 14.18.140, no person shall directly or indirectly remove or cause to be removed any specimen or heritage tree as herein defined, within the City limits, without first obtaining a permit to do so in accordance with the procedures set forth in this chapter. (Ord. 1543 § 5.1, 1991) 14.18.130 Enforcing authority. The Director of Community Development, or his/her authorized representative, shall be charged with the enforcement of this chapter. (Ord. 1543 § 6.1, 1991) 14.18.140 Exemptions. This chapter does not apply to the following: A. Removal in case of emergency caused by the hazardous or dangerous condition of a tree, requir- ing immediate action for the safety of life or proper- ty (e.g., a tree about to topple onto a principle dwelling due to heavy wind velocities). A subse- quent application for tree removal must be filed within five working days as described in Sections 14.18.150 — 14.18.170 of this chapter. B. Removal of all deciduous, fruit -bearing trees. C. An approval for the removal of any tree granted by virtue of a zoning, use permit, variance, tentative map, or Planning Commission application approval. D. Removal of any tree in a developed residen- tial single-family, residential duplex, agricultural residential and residential hillside zoning district, except heritage, specimen or trees planted to comply with privacy protection pursuant to Chapter 19.28 (Single -Family Residential (R-1) Zones) except those planted on the affected property'. owners' lot. E. Public utility actions, under the jurisdiction of the Public Utilities Commission of the State of California; as may be necessary to comply with their safety regulations, or to maintain the safe operation of their facilities. (Ord. 1835 (part), 1999; Ord. 1715 (part), 1996; Ord. 1630 (part), 1993; Ord. 1543 § 7.1, 1991) 14.18.150 Application for permit. A. Applications for specimen or heritage tree re- moval permits shall be filed with the Department of Community Development on forms prescribed by the Director of Community Development and shall state the number and location of the trees to be removed, and the reason for removal of each. B. Applications for heritage tree removal shall be referred to the Planning Commission for final re- view and approval in accordance with Sections 14.18.090, 14.18. 100 and 14.18.110. Requests shall be reviewed pursuant to Section 14.18.110. (Ord. 1630 (part), 1993; Ord. 1573 § 8.1 (part), 1991: Ord. 1543 § 8.1 (part), 1991) 14.18.160 Director to inspect. Upon receipt of an application for removal of a specimen tree, the Director of Community Develop- ment or his/her authorized representative will, within fourteen days, inspect the premises and evaluate the request pursuant to Section 14.18.180 of this chap - (Cupertino 11-99) 378-4 14.18.160 • ter. Priority of inspection shall be given to those rem specimen or heritage tree may be granted if one or quests based on hazard or danger of disease. The both of the standards is meta Director of Community Development may refer any A. That the trek or trees are irreversibly dis- such application to another department or to the eased, are in danger of falling, can cause potential Planning Commission or an appropriate committee damage to existing or proposed essential structures, of the City for a report and recommendation. Where or interferes with private on-site utility services, appropriate, the Director of .Community- Develop- E. That the location of the trees restricts the ment may also require the applicant, at his own economic enjoyment of the property by severely expense, to:famish a report from a staff -approved limiting the use of property in a manner not typical - arborist, certified by the International Society of ly experienced by owners of similarly zoned and Arboriculture. Applications for tree removal may be situated property. (Ord. 1573 '§ 9.1,1991 ° Mrd. 1543 granted, denied, or granted with conditions. The § 9.1, 199 1) Director of Community Development may,' as a condition of granting a permit for removal of a 14018®190 Protection during construction. specimen tree, . require the applicant to replant or, Specimen, heritage trees and other trees required replace a tree with more than one tree when justified to be retained by virtue of a zoning, subdivision, use to replace lost tree canopy. (Ord. 1573 § 8.1 (part), permit, variance, or Architectural and Site Approval 1991: Ord. 1543 § 8.1 (part), 1991) Committee application approval, and all.trees pro- tected by this chapter shallbe protected during 14.18®170 Review of application. PP demolition, grading and construction:operations. A request for removal of any heritage or sped- (Ord. 1543 § 10°1, 1991) men tree protected by a condition of approval asso- ciated with a. zoning, tentative map, use permit, 14.18.200 Protection plan before permit variance and architectural and site approval applica- granted® tion may be:a roved b the Director o - Y approved Y f CornYnuni A. A plan to protect trees described in Section ty Development if deemed unsafe or diseased or can 14.18.190 shall be submitted to ' the Director of cause potential damage to existing or proposed Public- Works and ;to the Director of Community essential structures. The Director of Corrununity Development prior to. issuance of a demolition, Development may also require the applicant, at his grading or building permit. The plan shall be pre - own expense, to furnish a report from a staff ap- pared and signed by a licensed landscape architect proved arborist, certified by the International Society or arborist certified by the International Society of of Aboriculture. If removal is requested for any Arboriculture and shall be approved by the Director other reason, the application, -shall be referred to the of Community Development. The Director of Corn- PlanningCommission which originated_. the condi- munity Development shall evaluate the tree protec- tion. Notice of any public hearing under this chapter tion plan based upon the tree protection standards shall be given in the same manner as provided in contained in Appendix A at the. end of this chapter. Chapter 19.116 of this code. (Ord. 1835 (part), Po The Director of Community Development 19999 Ord, 1715 (part), 1996; amended during 12/93 = may waive the requirement for a tree protection plan supplement: Ord. 1630 (part), 1993° Ord. 1543 § both where the construction activity is determined 8.1(part), 1991) to be minor in nature (minor building or site modifi- cation in any zone) and where the proposed activity 14m1$a180 Resew standards® will not significantly modify the ground area within Each request for tree removal shall be evaluated the drip line or the area immediately surrounding based upon the standards listed under subsections A the drip line of the tree. The Director of Community and P below. Approval of a permit to remove a ' . � Development shall determine whether the construe - 378 -4a (Cupertino 11-99) 14.18.200 tion activity is minor in nature and whether the activity will significantly modify the ground area around the tree drip line. (Ord. 1543 § 10.2, 1991) 14.18.210 Applicant to guarantee protection. The applicant shall guarantee the protection of the existing tree(s) on the site through a financial instru- ment acceptable to the Director of Planning and Development. (Ord. 1543 § 10.3, 1991) 14.18.220 Notice of action on permit—Appeal. A. Notice of the decision on an application for a specimen tree removal permit by the Director of Community Development or his designated repre- sentative, shall be mailed to the applicant. B. Any decision made by the Director of Plan- ning and Development may be appealed to the City Council. Such decision may be appealed to the City Council by filing a written notice of appeal with the City Clerk within ten working days after the mailing of such notice. C. The City Clerk shall notify the applicant of the date, time and place for hearing the appeal. The City Council may affirm, reverse, or modify the decision of the Director of Community Develop- ment, and its decision shall be final. (Ord. 1573 § 11.1, 1991: Ord. 1543 § 11.1, 1991) 14.18.230 Penalty. Violation of this chapter is deemed a misdemean- or unless otherwise specified. Any person or proper- ty owners, or his agent or representative who engag- es in tree cutting or removal without a valid tree removal permit is guilty of a misdemeanor as out- lined in Chapter 1.12 of this code and/or may be required to comply with Sections 14.18.150- 14.18.170. Notwithstanding any other provisions of this section, the unauthorized removal of a tree planted solely for privacy protection purposes pursu- ant to Section 14.18.060 C shall constitute an infrac- tion. (Ord. 1810 (part); 1999: Ord. 1731 (part), 1996; Ord. 1543 § 12.1, 1991) 378-5 (Cupertino 6-99) The purpose of this appendix is to outline standards pertaining to the protection of trees described in Section 14.18.200 of Chapter 14.18o The standards are broad. A licensedlandscape architect or, International Society of Arboriculture certified arborist shall be retainedto certify the applicability of the standards and develop additional standards as necessary to ensure the property care, maintenance, and- survival of gees designated for protection. Standards Im A plot plan shall be prepared describing the relationship of proposed grading and utility trenching to the trees designated for preservation. Construction and grading should not significantly raise or lower the ground level beneath tree drip lines° If the ground level is proposed for modification beneath the drip line, the. architect/arborist shall address and mitigate the inspect to the tree(s). 20 All trees to be preserved on the property, and all trees adjacent to the property shall be protected against damage duringconstruction operations by constructing a four -foot -high fence around the,drip line, and armor as needed.. The extent of fencing and armoring shall be determined by the landscape architect. The treeprotection. shall be placed before any excavation or grading is begun and shall be maintained t in repair for the duration- of the construction work. 3. No construction; operations shall be carried on within the drip line area of any tree.' ree designated to be saved except as is authorized by the Director of Planning and Developments 4. If trenching is required to penetrate the protection barrier for the tree, the section of trench in' the drip line shall be hand dug so as to preclude the cutting of roots. Prior to initiating anytrenching within the barrier approval by staff with consultation of an arborist shall be completed. 5. Trees which require any degree of fill around the natural grade shall he guarded by recognized standards of tree protection and design of tree wells. 6m The area under the drip line of the tree shall be kept clean. No construction materials nor chemical solvents shall be stored or dumped under a tree. 7: Fires for any reason' shall not be triads within fifty feet of any tree selected to remain and shall be limited in size and kept under constant surveillance. 8m The general contractor shall use a tree service licensee, as. defined by California Business and Professional Code, to prune and cut off the branches that must be removed during the grading or construction.. No branches or roots shall be out unless at first reviewed by the landscape archi- tect/arborist with approval of staff 9® Any damage to existing tree crowns or root systems shall be repaired mediately by an approved tree surgeon. (Cupertino 6-99) 37-6 a S`on 5 nvi ron mental Resources/Sustainam It INTRODUCTION Sustainable planning and development is that which fulfills the needs of the SIDEBAR present without lirnating the ability of future generations to meet their own lFExnvcE 'NEXT needs. It is an holistic planning construct which incorporates the need to: 1) plan BOX for the City's future physical changes while recognizing that the community's environmental resources are fragile, invaluable and interrelated, and 2) to integrate and balance planning, and environmental " decisions with economic considerations. In summary, the concept pf sdsf Aihability recognizes tae need . for;.a. symbiotic. relationship between the natuir' environ ent ' the Comm unity and the economy. In the long term, protecting `and sustaining the City's viable ecological communities and environmental resources: will result in the protection of both the human and natural environments. Planning for the location of land use activities is one of the fundamental componp.ents of sustainability. Past land use practices have resulted in: I) inefficient urban patterns by isolating h®uSin, regal . uses and emplyrr�en tions from one °bother, and 2)' scattered, low density development- 106a which relied'ansolely on the. > automobilef®�° access al trspgr$ata®n. Speefncaly, unsustainable growth has resulted in: l®ss of natural habitat and open: space, IiL deteriorating air and water quality, increased traffic and a loss a,, ,congestion :of sense of community.' Sustainability requires .. a change from past land use ..' plaagng to a system which creates and 'rnaintalns.>; �) competent and efficient s{ coinnunity . facilities; 2) human scale. neig]hborh®ods and, 3) a sense of coMmu.nity while preserving environmental resources. The City's sustainable environmental resource management planning program is based upon the perceptron of the ; coinunity as a,holistic system < of dynamic interdependencies were people ': are inescapably related : to the community's natural resources and other environmental conditions. These conditions Include not only typical topography.,,-airl. ,and water quality,- surface drainage, and open space etc., but other life 6�dld'life) as well. The Environmental Resources / Sustainability element contains an inventory of the. City's key environmental issues and- resources and includes policies for the efficient use and conservation of these resources. Included are the following specific areas of environmental concern: .CITY ;OF CUPERTINO 2001 GENERAL PLAN II 14 r CHAPTER NAME 2 1. Green Buildings 2. Energy Conservation/ Efficiency 3. Air Quality 4. Wildlife and Vegetation 5. Mineral Resources 6. Water Resources OVERALL PRINCIPLES The Environmental Resources/ Sustainability Element and implementation strategies are based upon the following fundamental principles: The linking of resource management and economic determinations. Conservation/ Efficiency ( the protection and intelligent use and reuse of renewable and nonrenewable resources ). Reduction of waste ( re -use and recycling). Resource Management ( for the benefit of future generations ). Prevention/ Mitigation (of significant environmental impacts). Restoration ( of impacted environmental resources ). Innovation ( in building technologies, including the substitution of materials ). Community Participation ( the comprehensive involvement of City government and the private sector). Preparation and dissemination of educational material. CITY OF CUPERTINO 2001 GENERAL PLAN S GOAL A: O ACHIEVE A SUSTAINA L� '��`�� ® THE ITY QF tjpE, TIN®� AND 6Y IN OEI �NC�9 .TI�a� EGION", TIDESTATE AND THE' ATIONb Policy 5 — o . Ad®� and in�plen�ent the,above. fundamental principles of sustainability 1. Adopt and ,flmplement m.Unflcipall eInergy policies and m`ivlem.entation programp which include the cflty's planning .and regulatoryprocesses. 2. C®nduc a City - wide sustainability invent order to identify issues, oppofltu,nflties a�a-plarg al$ir.ataves.: 3. Prepare and implemen a comprehensive sustainability (ene °gy) plan aS a ; Part.of . the City`sGeneralPlan.(See -Energy, Conservation/ Efficiency portion, of this Section.). I The planning, , construction and ` flnauntenance of hulldi has an.,_..,, extraordinary effect ® n. en flrOn entalresources. Buildings. consume signific t quantities of water, wood and, energy, (nationally,:. buildings consume one-third of all the energy and two-thirds of ; the electricity). In addition, buildings are a significant source of interior and exterior urban air quality problems; they also generate large quantities of waste and affect climatic change. A ` "green" building is one that is designed, constructed; renovated and maintained in an ecological and resource efficient mer. Green buildings provide opportunities, not only for conservation and efficient resource use, but 'healthier also to createstructures and., long term, cost savings. �r s CITY OF CUPERnNO 2001 GENERAL PLAN . . I CHAPTER NAME PLANNING AND REGULATORY PROCESSES Currently, the City of Cupertino is part of the urban fabric which contains approximately 85 percent of the State of California's population. Consequently the City, along with other communities, is in the best position, through its planning and regulatory processes to promote and implement effective energy conservation/ efficiency sustainability programs in such areas as: Land Use Planning and Zoningthe provision of higher density housing in proximity to employment centers and transportation corridors and the inclusion of mixed use development where appropriate. (See Chapter 2 -Land Use) Transportation Planning: Consideration of alternatives to the automobile such as increased car pooling, flexible work schedules, use of bicycles, pedestrian pathways and telecommuting. Support of multi- modal public transit to reduce congestion, air and water quality pollution and the significant costs of road construction. Encouragement of reduced width street design. Strengthen street tree protection. (See Section 4 -Circulation) Subdivision Reg Lilation: Ensure that subdividers and builders comply with the California Subdivision Map Act solar access requirements in order to provide for maximum heating and cooling opportunities. Require the inclusion of additional shade trees and landscaping for energy efficiency. Use of Discretionary Development Permits (Use Permits): Require, as conditions of approval for new and renovated projects, the provision of energy conservation/ efficiency applications. Regulation of Building Design: Ensure designer, developer and builder compliance with California Title 24 Energy Efficient Building Standards and encourage architects, building designers and contractors to exceed "Title 24" requirements for new projects through the provision of incentives. Require solar heating for swimming pools, cabanas and other related accessory uses where solar access is available. Encourage the use of alternative renewable energy sources where feasible. Educational Outreach: Provision of educational materials, seminars and staff training on energy conservation/ efficiency for those who design, build and manage building facilities, and for those who regulate building design and construction. Y.. CITY OF CUPERnNO 2001 GENERAL PLAN s CHAPTER NAME 8 11. Encourage the use of energy cogeneration systems through the provision of an awareness program targeting the larger commercial and industrial users and public facilities. 12. Establish and maintain an Energy Information Center or Kiosk at City Hall where information concerning energy issues, building standards recycling and subvention is available to the public. 13. Convey to the business and industrial communities that energy conservation/ efficiency is, in the long term, economically viable and beneficial. 14. Encourage alternative, energy efficient transportation modes such as: "clean" multi -modal public transit, car and van pooling, flexible work hours, and pedestrian and bicycle paths. v CITY of CUPERTINo 2001 GENERAL PLAN ;' Air Ouality CONTINUE T® MAINTAIN SUSTAINA I�E`AIR QUALITY LEVELS FORTHE CITIZENS CE CUPERTINO., .UTILIZE "LOCALP `NNING EFFORTS T6' "ACHIEVE USTAI BLE`:RE I NAL AIR QUALITY. INTR DU TION Air quality remains amoderately significant problem in the Bay Area Pasfln following more than three decades of progress in cleansing our air as air pollution causes, a significant: amount -of discomfor ,, Illlaess and death ;.in, thfls region. In addfltnon,:natflonal or word-wide plluon issues, the:depletflon of;the . ozone layer, and world-;wide : cl coati change- pose serious challenges' "°for cognmunitieS seekflng..a sustainable future. Qe �Thnle much."<.progress as been,ach eved in m®a'tori ng nd re ue'fl�g.fixed or point sour ces ,. of: pollution ,such as factories.- and,,, power'an lar��s, �o�lutgon lo�- Oflfl�" ®r ®b�le_S®u°ceSSuch; aS.®tonveaflcleS�rate property etc., r" h� , g" co times ,to rove ��.gl�usflve" challonem � ,The.t ®lnaeS,and Strata e5 fldeflitified fln -.. " the "Green Buflldflngs" and "energy" portions of this Genual' "Phan and. those listed below,are designed to innprove,.air quality toA sustainable level. Clean ai.r .is a natural resource.- of vital in�potance, as stated above,, ,air. , pollutants can cause health problems, especially f®rchildren, the 'elderly and people with heart or ling problems° Healthy adults may- experience synnptoms,.,, dunng peric - of intense exercises Pollutants imay :also cause d am, age vegetation,,annmals and property° The Federal,_.and: State Clean Air Acts, .;are the prflflnary " regunlat®rS;= of,,: quality,y- lout da to da res onslbilities fall under t]he regionaly_ Area allay. ,, _ Management Nstnct (PDQ .)o State and Tedera�. Clean lair St clardS ay°e occasionallv. exceeded in"Santa Clara County.: Air pollution potential is based upon the tendency for high pollutant concentrations to develop at avers ati potential is dependent, upon the amount of pollutants ennitted into the aiin° and •the local atmosphere's .ability to transport and dilute the pollutant. Jhe Count topography, prevailing �orind pattern and frequent air inversions combine to catch and hold., the pollutants. that the urban area releases' daily into the air. Air " pollutionfls composed of 'a vast assortment ofuses and particles which can be; grouped 'in three categories." .; particulate matter,. carbon , nmonoxide and., oz®nee A lame proportion of air pollution in Santa :Clara County is automobile 'related° - The existing ' development ` pattern, countywide., cont° butes to the: fux°then° ; . de$eriorati�n of "air .qulitya dor exaunple the `majority of affordable housing tot° w. ow t® flnodei°ate einpl®yeas is outside of the Couanty or in adjoining cities. This l r a CTI'Y OF CUPERTINO 2001 GENERAL PLAejN f. I CHAPTER NAME planning and control efforts, in spite of substantial increases in population, traffic, and industrialization. The last full Air Quality Plan was adopted in 1991 and has had three updates since, including the last in December 2000, to assess compliance and adopt needed measures to meet those standards that are still not met in the Bay Area. At present the District is designated as non-compliant only for State and Federal ozone standards and for State particulate standards. Local governments are expected to participate in adopting policies to support District, State and Federal air quality management planning. Air pollutant emission reductions will continue to come from motor vehicle emission standards and the retirement of older poorly controlled vehicles, improved inspection and maintenance, tighter controls on new and existing stationary sources, and transportation planning and control measures. RESPONSIBILITIES OF THE CITY. While air quality is often regarded as a regional or state problem, it is important for local land use and growth decisions to support improvements in air quality. The land use, circulation, energy and environmental policies that comprise this General Plan will contribute to meeting BAAQMD and ARB Air Quality improvement plans. AIR QUALITY POLICIES The General Plan's Circulation Element encourages alternative modes of transportation to reduce traffic on major streets, making commuter trips more efficient. It also encourages protection of residential neighborhoods from through commute traffic. ,Increasing the efficiency of traffic flow will decrease congestion and air pollution. Using traffic management devices such as diverters, circuitous road system and stop signs to discourage traffic in residential neighborhoods increases air quality by making trips longer and increasing stopping and starting. The Steven Creek Boulevard Plan Line /General Plan Study demonstrated that improving the boulevard flow would decrease congestion and pollutants. It also showed that a diverter system on Bvrne Avenue and OranLye Avenue would make trips longer, potentially increasing neighborhood air pollution. Policy 5-4• Air Pollution Effects Review projects for potential generation of toxic air contaminants at the time of approval. Confer with BAAQTVM on controls needed if impacts are uncertain. Policy 5-5: Dust Control Continue to require water or oil application to control dust during demolition and construction on large dry areas. Policy 5-6: Clean Air Education Continue the Citywide public education program regarding the implications of the Clean Air Act and provide information on ways to control emissions. CITY OF CUPERTINO 2001 GENERAL PLAN CHAPTER NAME � policy US _W 7 LanWLL Use Decisions Continue to assess the potential for air pollution effects of future land use and transportation planning ,and insure that planning decisions support regional goals of improving air, quality. Polak 5-8: Home. Occupations Continue to allow hone occupations in residentially zoned properties to reduce the need to commute to works Policy, 9 Trey Planting Increase panting of trees on City property and. encourage the practice on. privatep�°®pure Policy 5-10: Low Emission and Fuel Efficient Vehicles Set a good example. by pursuing City use of .fuel-efficient and low polluting vehicles. .Policy5-110 Walking, jogging and Bicycling Encourage walking, logging and bicycling instead of driving in the City - Assist In mfor'nung citizens about car pooling and staying inside on. "Spare the Aie high -pollution days. Policy . 120 se ®f ®pen Fires and B laces Provide information to citizens about illegality of open fares and high pollution potential of fireplace use. Make available BAA literature : :.on reducing pollution' from. fireplace ase. Prohibit the use .of woo�l- burning fireplaces in new construction. CITY CUPERTINo OE 2001 GENERAL PLAN } 1 Wildlife and Vegetation GOAL A: Preserve, Protect and Improve Special Areas of Natural Vegetation and Wildlife Habitation as Integral Parts of the Sustainable Environment. Biodiversity, which includes a diversity of plants and animals found in nature, provides the foundation for the ecosystems which are required to sustain life. Hence, the City's current and continued health and prosperity depends, in part, on the ability of its natural resources to renew themselves. Cupertino's wildlife and natural vegetation resources are concentrated in the relatively undeveloped western foothills and mountains and along Stevens Creek not on the valley floor. Urbanization of the valley floor has rendered this environment ill-suited to the needs of wildlife and native plants. Most of the native vegetation was removed by historic agricultural activities and the introduction of non-native grasses and crops. Native vegetation was further reduced by the more recent construction of homes, businesses, industries and infrastructure that supports this suburban community. The loss of vegetation also meant a concomitant loss of wildlife habitat which provided food, cover and shelter for numerous wildlife species. STREAMSIDES Riparian vegetation grows along stream courses where there is fertile soil and ample water. It often appears as a distinct band of vegetation when contrasted against other uses. Such vegetation can be found along Stevens Creek, Permanente Creek, Regnart Creek, Heney Creek and portions of Calabazas Creek. Common plants include willow, California bay, California buckeye, Coast live oak, coyote brush, poison oak and California blackberry. Riparian habitats are considered among the most valuable habitats for wildlife because of the presence of water, lush vegetation and high insect populations. Less disturbed riparian areas support a wide variety of wildlife, including amphibian, reptile, bird and mammal species GRASSLANDS Grassland habitats occur on the lower slopes of the western foothills and at scattered locations at higher elevations in the Montebello Ridge system. Much of these areas were formerly used for pasture and are largely composed of non- native grasses. Plant species occurring in this habitat include wild oat, clover, rye grass and vetch. During the spring season, displays of wildflowers are expected which may include California poppy, plantago and owl's clover. Reptile and mammal species adapted to dry conditions are common in this habitat. They include the western fence lizard, western rattlesnake and common ' CITY OF CUPERTINO 2001 GENERAL PLAN . a CLATTER NAME 2 king snake. Man -mals, include a variety of burrowing rodents, Such as meadow mice and California ground squirrel. Brushldnds Brushlands are a scrubby, dense vegetation type that often integrates with woodland habitat. This vegetation is, often ;found on dry, rocky, steep slopes. Dominant plant species include. c9yo. e brs�sh, poison ® , California sage and ceanothuse Common animal species include: scrub lay,. California quail and deer mouse, - Mule deer, brush. rabbi$, bobcat and coyote utilize brushlands as part of a larger home range. FooTHILL WOODLANDS AND FORESTS Characteristic of the woodland ve etatnon are' scattered oak trees with an undergrowth in some are,of plants and low Shrubs Higher elevations in the Montebello Foothills include mixed hardwood trees and evergreens, including redwoods° ®odlatbs benefit wild as a' food sources d as shelter, nesting or, cover., they aelp control erosion from,,: fb6thl l' drainage basins; they reduce wind Speeds, increasing the oxygen in the . atmosphere and neutralizing certain. - air pollutants. Woodlands provide vi ual relief from the urbanized valle floor. The y Montebello' Ridge system's extensive tree c®vervies. season color variation va ety o£ shape and definition of hillside c® $® s sect'' or Seed eating birds and marrunals are common n the woodlands a.nd are preyed upon by raptors and owls that also inhabit ,these areas. 'l'he larger mammals, deer, coyote, etc., utilize theseareas as well. IMPACTS AND MOTMAMoN Human, activity, particularly, urban development `anal resource extraction, is the most destructive influence on plants and anim sin Cupertino. Urbanization of mountain lands and construction of neer housing 'next to streambeds wdl t likelydest.�oy veetaon. Grading for roadSd buildingsites, and leveling for septic tank, dram fields also destroys:veetaon an :eeaes potential for soil erosion.. . Fire also threatens vegetation and the animals that depend on at for food and shelter. Fare suppression as a mixed blessing to the natural environment. It , maintains the scenic beauty of the, waldlan,ds;, piotee$s ia£e. and property, -and, at least on the surface, enhances wildlife habitat tut'also are a natural phenomenon. Some local mountain plant species rely on prnodnc, lour -intensity fires to eminate Seeds and cut down. co'etnn latatso �Tnfldl�fe forced ®u� b g.�. ,, fire may be able to survive if, there as a suitable env iromnent nearby. But of development and other human changes..of e e� ronrnenf make a new home for wildlife nrnpossible, certain anunals n ay be forced out ®f $he urban fringe or out of Cupertino's planning area: altogether - . ' L CITY OF CUI'ERTTNU 2001ENE L PLAN AN i CHAP'T'ER NAME 3 These policies will protect animal and plant life in Cupertino's planning MFCxIm Policy 5-13: Public Project Landscaping Encourage public and quasi -public agencies to landscape their city area projects near native vegetation with appropriate native plants. Policy 5-14• Development Near Sensitive Areas Encourage the clustering of new development away from sensitive areas such as riparian corridors, wildlife habitat and corridors, public open space preserves and ridgelines. Strategy Consider specific protection tools for riparian corridor protection, such as a riparian corridor ordinance or development and preservation guidelines._ Policy 5-15: Landscaping Near Natural Vegetation Emphasize drought tolerant native plants and ground covers when landscaping properties near natural vegetation, particularly for control of erosion from disturbance to natural terrain. Policy 5-16: Natural Area Protection Minimize lawn area and maximize the number of native trees. Strategy Amend the RHS ordinance to emphasize drought tolerant native plants and native trees and to minimize lawn area. Policy 5-17: Hillside Property Fencing Confine fencing on hillside property to the area around a building, rather than around an entire site, to allow for migration of wild animals. Policy 5-18: Recreation in Natural Areas Limit recreation in natural areas to activities compatible with preserving natural vegetation, such as hiking, horseback riding and camping. Policy 5-19: Public Access Provide public access to wildlife observation and fishing sites consistent with preserving important wildlife habitat. Policy 5-20: Recreation and Wildlife Trails Provide open space linkages within and between properties for both recreational and wildlife activities, most specifically for the benefit of wildlife which is threatened, endangered or designated as species of special concern. Strategy Amend the RHS ordinance to require identification of creeks and water courses on site plans and require that they be protected from adjacent development. The ordinance could state that trail easements for trail � r. linkages may be required if analysis determines that they are needed. +tY i! CITY OF CUPERTINO 2001 GENERAL PLAN ...; a CHAPTER NAME 4 Mineral Resources The State ®f California., recognizingthe value of ��°ese n� the State's mineral deposits, in order to achieve a sustainable facture, enacted the, Surface Mining and Reclamation. Act of 1975.(SMAlZA)e The objective of SM.ARA is to assist local governments in conserving mineral deposits for ;future use. The State identifies,mineral resource areas and. requires that �urisdicti®� recognize then .d. emphasize conservation and development o these areas. These mineral resource areas are Shown in Figure Where are i�iner�l resource areas.. theIlty's: boundary agreement areas and in the City hrnitso Within: Cu erto's boundary,,, -,'a reernent areas there are two quarries, Hansen'S forrnerlv,:known as Perinanen.te ' and. Stevens : Creek, �. _ �. .-;" which have 'been desg nated by the Stag as having berg depositg of re ona]t or state significance. Since the qua -me: are ;: i ;the u�Ilnc�rporated area' Santa Clara County has regulatory �urisdictio. . the Co n yys n ,ral resource policies. are directed toward :preser`7in existinresource areas and, where feasible, designating new areas and expanding exIlsti�fl sites. Within CU ?ertfln®'S City lIlnlits ;are classi, ed m feral resource areas for which the State also requires policies suppoi°tin , preservation and extractiom Most of the areas are already developed; intor residential and other uses: One. area, the "Gravel Pit" is considereddepletedo �'&aese areas, therefore, would not benefit from conservation. The areas $hat would benefit rom. conservation are outside the City limits. . Cupertino's proposed policies. recognize the existence,, and potential of the identified mineral resource areas. However, pr®posed policies reflect an underlying assn np.�on that quarryes 'should be Yfl $ed. to their existing operatgons in terms of noise, and traffic. Fob many years, p Cu ertino residents have -expressed concern. about quarry pollu�on; "noise and traffic. Cupertino officials have. stated At public hearings that opera. con trdls mad limits should be. set. ' New areas cot Id be accessed as'.kink as current noise and traffic levels are not exceeded. and environmental concerns are met Policy 5-210 Mineral Resource Areas New mineral extraction 'areas may be considered 'thin C�pe�ino's sphere of influence, but the cumulative ainpaet.c.esing d proposed activity should not e�ceeed present operations in terms of nose and traffic. Work with Santa Claw County: to assure that,mining operations outside the City limits are consistent with the City's General Plan, that restoration plans are adequate, and that mining activity is not extended into undisturbed lands without adequate do��entation off economic purpose and environmental impacts and mi *ga, ons. Strategies 1. 'Traffic and Noise Studies. Perform $raffic and : noise studies if applications for increased mineral extraction activities are prop®sed. CITY OF CUPERTIIVO 200 GENERAL PLAN s. 1! AKCREEK BLVD _ I : Urban / Suburbacity— -- `, 1 Developed - Hart Low Densi Unsuitable ROAD W Hillside. \ for _ , • .\85, ;.;.:K Incompatible Extraction eowWERFO -� r _ • �:� : withiFi�y� Extraction & Depleted ' %: ` •. RAINBOW = ' •'r =\� _ r1 •I DRIVE • PROSPECT -, : • ROAD 'Sr ','1 • .C9e�sdjf 77,; Z. .1i:l:. !. '.iir.yl n. moi` i1 •.. r.a Unincorporated Area Outside the, "Urban Service Area, is Appropriate;'::,- _ _r Conservation;.' �� :and Future �J` Extraction Source: State of Califomia Resources Agency. Department of Conservation. 2\ MRZ-2 Areas where adequate information \\\� indicates that significant mineral deposits are present, or where it is judged that a high likelihood for their presence exists. 3\ MRZ-3 Areas containing mineral deposits \ the significance of which cannot be evaluated from available data. � � Mineral Resource Areas • • • • • • • • Urban /Low Density Hillside Boundary --•—•-- Incorporated Area — — — Urban Service Area Boundary — - - Boundary Agreement Line Figure 5-C. Mineral Resource Areas in Cupertino. CITY OF CUPERTINO 2001 GENERAL PLAN CHAPTER NAME 2e joint Study Process. Establish a joint study.p��cess in the. sphere of influence and boundary agreement areas with Santa Clara County to reach agreement on future land uses. Policy 5-22; Mineral Ertraetion Control Control scenic restoration. and noise pollution as w as air and .wafer -I pollution in mineral "extraction quarrying., processing and transportation. .Policy 5023. Incompatible Land,,Uses. Conserve,mineral resouurce areasoutside the City by not all®wi n incompatible lad uses in and around iAbntafued mineral, resource areas. Uses considered incompatible are high, density residential, low density residential with high unit value, public facilities and industrial: and commercial:uses with intensive impacts. Policy 5-24. 'Recreation at Old Quarries Look info the desirability. of designating abandoned quarries for passive recreation to rehabilitate the land.., _ es u rces Water, GOAL.A.-, Protect, n rveand cre:he it:Use, of cr _ _ esurce as -they are �ta1 the �r nt9 an®no i GOAL 13:1 Strive to In' ize the Oluantity and Improve the uallty .vfStorn, wai6e Rundff oist�rat ; 6th the Protection of roup � er Quality and _ r u d ter a ar a realm T3he City's sustainable future i inarf, dependent upon adquafe supply of ,clean water as well as the effective `nnena�einent of natural "watershed resources: An addition to fuhdah�ental health. and sanitation, an adequate potable wafer supply provides significant public and private benefits such as: irri atioh, ,. ecological habitatre'eafion opportunities an� aesthetics. In recent years water, management emphasis has shifted away from Supply side efforts such as the deiatiori. of darns end `reservoirs to wafer conserving and efficiency technologies used in planning des Y -n and construction of sites, buildings and land uses. PRESERVATION of WATERSHEDS Cupertino has 12 square mules of very productive watershed—hillside land with abundant vegetation and heavy rainfall. This watershed is important to the City,the county and the region assurface runoff from these hillsides. flows info stream corridors, and Storm. drain ` systems d everntually terminates at the wildlife refiuges and environmentally sensitive area of the `southern portion of CITY OF CUPERTINO 2001 GENERAL PLAN l CHAPTER NAME 6 San Francisco Bay. It is, therefore crucial that the City's watershed, including stream corridors, be protected from pollutants, siltation, sedimentation erosion and loss of vegetation. GROUNDWATER RECHARGE FACILITIES The groundwater basin is the largest supply of water in Santa Clara County. It has an estimated storage capacity of 1,770,000 acre feet, compared to reservoir capacity of only 160,000 acre feet. The Santa Clara Valley Water District prevents too much water from being drawn out by wells by placing recharge sites, sometimes called percolation ponds, throughout the valley where the geological composition of the soil is suitable. Two of these are located in Cupertino. Policy 5-25: Ground Water Recharge Sites Continue to support the Santa Clara Valley Water District to find and develop groundwater recharge sites within Cupertino's planning area and provide for public recreation at the site where possible. Policy 5- 26: Other Water Sources Encourage the research of other water sources, including water reclamation. Policy 5-27: Industrial Water Recycling Encourage industrial projects, especially at the building permit approval stage, to have long-term conservation measures including recycling equipment for manufacturing and pooling water supplies in the plant. Work with the Cupertino Sanitary District to carry out this policy. Policy 5-28: Natural Creek Beds Retain creek beds, riparian corridors, water courses and associated vegetation in their natural state to protect wildlife habitat and recreation potential and assist groundwater percolation. OTHER WATER RESOURCES Cupertino has three major water suppliers: California Water Service, Cupertino Water Utility and San Jose Water Company. A private water service cooperative, the Reglin Mutual Water Company, serves part of Regnart Canyon. Water comes from two main sources: wells fed by groundwater, and imported water from the Rinconada Treatment Plant. Cupertino receives approximately 1.7 million gallons a day from the underground sources and about 4.5 million gallons a day from the Rinconada plant. Stevens Creek Reservoir yields about 2,500 acre feet per year to the seasonal run-off from groundwater recharge. The Santa Clara Valley Water District projected the total demand for Cupertino at about 6.85 million gallons a day in 1995, which could be reduced through conservation. URBAN WATER CONSERVATION The Santa Clara Valley experienced a drought from 1988-1990 and additional years of drought are expected. The four water companies within the boundaries of the City enforced water restrictions in response to the Santa Clara K" y CITY OF CUPERTINO 2001 GENERAL PLAN CHAPTER NAME 8 Policy 5- 33: Water Conservation Program Undertake programs for long-term water conservation at City buildings including installation of low flow toilets and showers, installation of automatic shut off valves in lavatories and sinks and water efficient outdoor irrigation. NONPOINT SOURCE POLLUTION Nonpoint source (NPS) pollution is caused by the accumulated debris and chemicals on streets and pavements which are carried by water runoff into the storm drain. system and eventually into South San Francisco Bay. Unlike pollutants that come from a point source, such as a sewer pipe, NPS pollutants are washed from streets, parking lots, neighborhoods, construction sites and other exposed surfaces throughout the City. While NPS pollutants come from a variety of sources, many of them are familiar to residents because they originate from the home and automobile. NPS pollutants include detergents, paint products, pet wastes, garden pesticides, fertilizers, eroded soils, motor oil and car exhaust. Since the storm drains are separated from the sanitary sewers, pollutants carried by water runoff into the storm drain are not treated and flow directly into the creeks and streams that feed San Francisco Bay. Previously, it was widely believed that wastewater treatment plants, industries and other "point sources" were the main contributors of contaminants to the Bay. Today, nonpoint sources are recognized as significant contributors to Bay pollution. The concentrations of NPS pollutants can have deleterious effects on aquatic wildlife which include the impairment of growth, reproduction and overall health of sediment -dwelling organisms, fish and other wildlife. Some toxic substances accumulated by aquatic organisms enter the food chain when consumed by larger fish, birds or humans. GOVERNMENT ACTION At the instigation of South Bay cities, the Regional Water Quality Control Board and federal mandates have required the protection of San Francisco Bay through the control of nonpoint source pollution. Fifteen Santa Clara County jurisdictions, including Cupertino, that discharge into San Francisco Bay have joined together to develop and implement a Storm Water Management Plan. This association of agencies, known as the Santa Clara Valley Nonpoint Source Pollution Control Program, is continuing to identify feasible solutions to control nonpoint source pollution. Policy 5-34: Nonpoint Source Pollution Continue to support and participate in the Santa Clara Valley Nonpoint Source Pollution Control Program in order to cooperatively reduce nonpoint source pollution with other cities that discharge storm waters into San Francisco Bay. Policy 5-35: Storm Water Runoff Encourage the reduction of impervious surface areas and investigate opportunities to retain or detain storm runoff on new development. •-- x CITY OF CUPERTINO 2001 GENERAL PLAN -�COMMENDED CHANGES TO Section 2 Land Use/Community Design INTRODUCTION The Land Use/Community Design element is the keystone of the General Plan. It unifies the other elements of the General Plan by providing an overall policy context. It deals with the central issues of growth and the quality of the community, and helps define the desired balance among the social, environmental and economic costs and benefits associated with growth. Most of the Guiding Principles as described in the Community Vision are manifested in this element. The arrangement and type of land uses determine community identity and character. They determine how and where people interact, and how much they enjoy living and working in their community. The land use element policies will help Cupertino evolve into a more integrated, walk -able, cohesive community with an identifiable center and well-defined edges. The underlying form of the community is well suited to accomplishing the objectives of enhancing the existing neighborhoods, while developing a more integrated and vibrant development pattern. Some of the factors that must be included in achieving the desired community character are: the preservation of its natural setting, maintenance and improvement of its attractive residential neighborhoods, the creation of lively public places, the provision of quality public services and facilities, the integration and connection of different land uses, the vitality of business and manufacturing, and the maintenance of a strong tax base for government and school operations. PLANNING CONTEXT Development History Cupertino was incorporated in 1955 and grew from a lightly settled agricultural community of 2,500 people into a suburban community during Silicon Valley's expansion in subsequent decades. Cupertino was a desirable place to live because of its attractive natural setting and close proximity to employment centers and major transportation thoroughfares. Since incorporation, Cupertino also developed an excellent public education system, quality public parks and facilities, popular shopping destinations, and an efficient street system. More recently, Cupertino has introduced compact urban development in the City Center and at Vallco Park and has gained a reputation for high quality corporate campuses and headquarters buildings. Land Use Pattern Cupertino's land use pattern is built on a conventional suburban model with: predominantly single-family residential subdivisions and land uses with distinctive commercial: and employment centers areas separated from the surrounding residential areas. The development pattern is influenced by topography. Starting with the western foothills,, the predominant land use is semi -rural, with steep terrain, larger residential lots and an abundance of native and non-native vegetation. There are few multi -lane streets and sidewalks are intermittent. From Stevens Creek to Highway 85, the pattern is more suburban. The residential neighborhoods have a more uniform pattern. The residential lots are smaller and there is a patchwork of nonresidential sites: schools, small retail and office centers, and a small industrial park. East of Highway 85 the land use pattern becomes more urban in character. De Anza College, as well as retail, hotel, office and industrial buildings, are located along major transportation corridors. While the predominant housing type remains suburban -style, single family residences, there are an increasing number of multi -story buildings, including higher density apartments. Transportation Pattern The suburban pattern forces most residents and workers to rely on their automobiles for their daily activities. Cupertino has responded by creating an automobile -based land use and transportation system. Building sites were designed for the convenience of the automobile, with buildings set back far from the street and ample parking in the front. Streets were widened to accommodate larger volumes of automobile traffic to the detriment of other forms of transportation, including public transit, bicycling and walking. This transportation pattern isolates residents socially from interaction with their neighbors. The City seeks to modify this pattern of development that isolates residents and impedes the building of a cohesive community. The City seeks to decrease reliance on private automobiles as the sole means of transportation and increase opportunities for frequent interactions among its residents, workers and visitors. Cupertino COMMUNITY FORM Communities and neighborhoods must have centers and edges to enhance their distinctive character. The Community Form Diagram, Figure 2-B, defines distinct planning areas, transportation and trail corridors, and the edges of the City. The diagram identifies the extent of the urban edge and where the transitions occur to the suburban and semi -rural development patterns. Urban Centers The Community Form diagram defines the primary employment and activity centers in North De Anza, City Center and Vallco Park and the retail commercial centers in the Vallco Fashion Mall and the Crossroads Area. These concentrated areas selectively -combine higher density residential uses with commercial uses. Housing built along major boulevards offers opportunities to add a greater variety of housing types that have not been historically built in Cupertino. Reserving land for additional housing will add vitality to these corridors, place the security of "eyes and ears" on the street, shorten commutes and support existing businesses. These centers will be connected by lower -intensity, mixed use retail, office and residential developments along Stevens Creek and South De Anza Boulevards. GOALA A COHESIVE, CONNECTED COMMUNITY WITH A DISTINCTIVE CENTER AND AN IDENTIFIABLE EDGE Policy 2-1: Concentrated Development in Urban Centers Concentrate development in urban nodes and do the it aon of selectively include housing with office and commercial uses where appropriate in designated centers. Strategy: Mixed use. ?�Fe-Consider mixed-use development in the selectively designate r'. urban centers. Policy 2-2: Connections Between Centers and the Community Provide strong connections between the employment and commercial centers to the surrounding community. Strategies: 2 1. Neighborhood connections. Enhance pedestrian and bicycle connections to surrounding neighborhoods in new development. 2. Public access. Provide pedestrian and bicycle paths through new projects to enhance public access to and through the development. Community Form The "Crossroads" shopping district is proposed to be the centerpiece of the urban nodes. It is. located at the historic core of town and consists of specialty shops, grocery stores, convenience stores, dining establishments and residential uses that form a strong base for a central focal point. The Crossroads Area Streetscape Plan allows new buildings to be close to the street, with wide sidewalks to accommodate pedestrians. It calls for on -street parking to buffer pedestrians from traffic impacts, outdoor dining, attractive street furniture, and landmark elements at the Stevens Creek Boulevard/De-Anza Boulevard intersection to create an attractive, walk -able shopping district. Policy 2-3: Crossroads Area Streetscape Plan Create a vibrant, feed -u -e -shopping village in the Crossroads area, where commercial and residential uses and roadway design encourage pedestrian activity. Strategies: 1. Conformance to Plan. Require development along Stevens Creek Boulevard between approximately Stelling Road and De Anza Boulevard to conform to the Crossroads Area Streetscape Plan. 2. De Anza Boulevard/Stevens Creek Boulevard Landmark. Secure landscape easements from properties at the intersection of De Anza Boulevard and Stevens Creek Boulevard for construction of a future landmark, which may include open space, landscaping and other design elements at the corners. Reserve a permanent landscape easement as'a condition of development at all four corners of the intersection to allow the construction of a future landmark, excluding the southeast corner of the Stevens Creek/De Anza Boulevard intersection. Land at the southeast corner will be an open space area and gathering place. By reshaping the built environment and the transportation system to fulfill the land use goals and diagram, the City can begin to attract residents to central, public spaces. The City -centered form of development will encourage activity,, attractive public uses, and a pedestrian -friendly environment. Policy 2-4: Active Spaces Encourage active, publicly oriented land uses to locate in the urban nodes. Strategies: 1. Active Commercial Uses. Recruit active: commercial uses such as restaurants, cafes, bookstores, commercial entertainment uses and movie theaters to locate within.. the Vallco or Crossroads planning areas. 2. Zoning Incentives. Provide zoning incentives such as greater flexibility onthe allowable floor area ratio and setbacks for these preferred commercial uses. 3. "Sense of Place." In order to create a "sense of place," require development' plans to incorporate elements that are oriented toward pedestrian -scaled outdoor uses along major boulevards, including parks, plazas, seating areas, outdoor dining and public art.. 4. Public Areas. Ensure that public areas are. attractive and designed to meet the open space, and recreational needs of surrounding areas. Neighborhoods Planning for the unique aspects of neighborhoods and connecting neighborhoods to each other are important General Plan principles.. Neighborhoods are the building blocks of community form. They should include a definable edge (e.g., major streets, creeks) and a center, usually comprised of a neighborhood school or park. The. surrounding land uses= exist to enhance. and support the 3 neighborhoods with services, jobs, schools and shopping. These services should be within walking distance to decrease reliance on the automobile. At the same time, neighborhoods must be protected from incompatible development and undesirable traffic impacts. Policy 2-5: Distinct Neighborhoods Plan for neighborhoods that have distinctive edges, an identifiable center and safe pedestrian and bicycle access to surrounding uses. Policy 2-6: Neighborhood Protection Protect residential neighborhoods from noise, traffic, light and visually intrusive effects from more intense developments with adequate buffering setbacks, landscaping, walls, activity, limitations, site design and other appropriate measures. Strategy: Create zoning or specific plans that reduce incompatibilities between new development and existing residential neighborhoods: daylight planes, minimum setback standards, landscape screening, acoustical analysis, location and orientation of service areas away from residential uses and limitations on hours of operation. Circulation Community form includes the circulation system that connects people internally and externally. The system shown in Figure 2-13 includes roadways, transit corridors and trails. Highway 85 defines the edge between the urban areas and the suburban and semi -rural areas. Opportunities will be pursued to reduce road width and number of lanes on roads that cross from urban to rural areas. Landscaping will be more informal, with trees and shrubs becoming more dominant and closer to the street. The circulation system will be balanced so that automobile traffic does not overwhelm other forms of transportation. Policy 2-7: Defined and Balanced Circulation System Define the circulation system as a hierarchy of street widths from urban to rural areas. Balance the roadway system between automobile and pedestrian/bicycle needs. City Gateways Gateways are important in creating a memorable impression of a city, often using formal elements, such as buildings, arches, fountains, banners, signage, special lighting, landscaping and public art. Gateways may also be dramatic without constructed devices, and are not always found at the city limits. For example, the street over -crossing at Lawrence Expressway and Stevens Creek Boulevard is a definite gateway to the east edge of Cupertino, even though it is not located in Cupertino. Policy 2-8: Distinctive Community Gateways Provide distinctive community gateways at major entry points that create a unique community identify for Cupertino. Strategies: 1. Gateway Plan. Develop a gateway plan for the City's entry points. Identify locations and design guidelines for the gateway features. 2. Landscaping Treatment. Accentuate the edges with landscaping and road patterns that announce entry into a different space. 3. New Development. Review properties next to community entry points when they are developed or redeveloped for opportunities to reflect the gateway concept. Urban Service Area The City must focus its resources and energies on places where its residents already live, work, shop and play. The City desires to grow for the next 20 years within its existing urban service area. The City's long-term growth boundary defines the area where the City intends to expand its services over the next 20 to 30 years. Thus the current urban service area boundary is coterminous with the City's long-term- growth, boundary. This does not preclude opportunities for the City to adjust its boundaries with adjacentcities where it is desirable to create logical community form. For the year 2020 timeframe, the amount of land in Cupertino will remain essentially the same except for additions resulting from the annexation of small, unincorporated islands and potential boundary realignments with abutting cities in valley floor locations. GOALB A COMPACT COMMUNITY BOUNDARY THAT ALLOWS EFFICIENT DELIVERY OF MUNICIPAL SERVICES Policy 2-9: Long Term Growth Boundary Allow modification of the long-term growth boundary only in conjunction with a comprehensive review of the city's General Plan. Policy 2-10 Urban Areas Focus City resources in urbanized areas where the City has previously agreed to provide services. Policy 2-11: Urban Service Area Expansion Work with Los Altos, San Jose and Sunnyvale, as appropriate, to create boundaries that define logical municipal service areas. Strategy Tax -Sharing Agreements. Consider entering into tax -sharing agreements with adjacent jurisdictions in order to facilitate desired boundary realignments. Policy 2-12: Annexation of Small, Unincorporated Islands Actively pursue the annexation of unincorporated islands within the City's urban service area, including the Monta Vista and Creston neighborhoods and other remaining small, unincorporated . islands. COMMUNITY DESIGN The previous Community Form section of this Element outlines the urban design strategy for the City. The following section provides more specific direction to implement the community's design themes. Past planning encouraged development of attractive but separate uses that discourage interaction. As the city matures, design policies promote buildings and spaces that invite people into the public realm, stitch different parts of the community together,. and instill a sense of civic identity. Building Form Development must convey a community image of well-designed buildings and active public spaces. The size, color, material and design of buildings—and the placement on their sites—result in a cumulative design statement that shapes the image of the community. Building form refers not only to the mass and bulk of buildings, but the relationship of buildings to each other. Cupertino's existing building form reflects policies that direct greater intensity to the high activity areas, provide for plazas and outdoor areas and respect Cupertino's neighbors by reducing building scale from larger to smaller buildings. City-wide standards and policies are described below, while specific development standards for different areas in Cupertino are described in the. Community Development section of this element. GOALC A HIGH SENSE OF IDENTITY AND CONNECTIVITY" Policy 2-13: Urban Building Forms Concentrate urban building forms in Vallco Park, City Center and Crossroads/Heart of the City planning areas. Strategies: 1. Maximum Building Heights and Setback Ratios. The maximum height and setback ratios for new buildings in various planning areas are specified in Figure 27D. Cupertino.'s'taller 5 buildings are allowed in the commercial, office and industrial nodes. The height at the edges of these nodes is reduced when adjacent to residential or other low -intensity uses. Setback ratios are established to assure that the desired relationship of buildings to the street is achieved. E—xeeptions 3reeesq that the gfeatef height enhanees eity identity and does not negatively aff-eet Fesidefitial areas. 2. Multiple -Story Buildings and Residential Districts. Allow construction of multiple - story buildings in Vallco Park, North De Anza Boulevard, City Center, Crossroads and the Heart of the City 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. 3. Cohesiveness of Buildings. Ensure that the scale and interrelationships of new and old development buildings complement each other. If the project has many buildings, they should be grouped to create a feeling of spatial unity. 4. Changes in Building Scale. Avoid abrupt changes in building scale. A gradual transition between low-rise to mid -rise buildings should be achieved by using the low-rise buildings at the edge of the project site. Consider the relationship of building scale on both sides of a street. Setback Ratios Maintain the primary buildiing bulk b oor a 1:1 slope line drawn from the arterial street curb line or lines except for the Crossroads and Vallco areas. For the Crossroads area, see the Crossroads Streetscape Plan. For the Vallco area: For buildings up to 66 feet in height, maintain the primary building bulk below a 1.5:1 slope line drawn from the Stevens Creek Blvd., Homestead Road and Tantau Avenue curb lines and below 1:1 slope lire drawn fromWolfe Road curb line. For buildings over 60 feet in height, maintain the primary building bulk below a 2:1 slope line (i.e., 2 feet of setback for every 1 foot of building height) drawn from the Stevens Creek 'Blvd., Homestead Road and Tantau Avenue curb lines and below a 1.5:1 slope line drawn fromWolfe Road curb line. Maximum Building Heights Figure 2-D. Maximum Building Heights. Amend Figure 2-D as herein stated by section. Building and Site Design Cupertino has long-standing policies that reflect an interest in high-quality and interesting building design. While the City' has a mix of architectural styles, certain areas, such as Monta Vista and the Heart of the City, have distinct design guidelines. More recently, as interest has increased in creating pedestrian friendly environments, building styles are encouraged that frame the street and are inviting to the surrounding area. An over-riding concern is the visual context of the proposed buildings, which should not overwhelm neighboring buildings. Policy 2-14: Attractive Building and Site Design Emphasize attractive building and site design during the development review process by giving careful attention to building scale, mass and placement, architecture, materials, landscaping, screening of equipment and loading areas, and related design considerations. Strategies: 1. Sensitive Design and Site Planning. Encourage sensitive design and site planning that avoids monotonous and M monolithic buildings through the City's development review process: Design: and site planning techniques should 'include articulation and- segmentation of the wall and roof planes, pedestrian scaled building details, visual openings in the wall plane, smaller building footprints, appropriate building and story setbacks and hierarchical landscaping. 2. High Quality Architecture and Materials. Set high standards for architectural quality by requiring use of natural materials, particularly as accents, and authentic architectural detailing, such as real balconies. and window trim. 3. Parking Placement in New Development. Place parking out of sight, behind or underneath buildings. Review the design of the below -level parking facilities with the City's police agency to minimize crime potential. 4. Development Review. In the City's development review process for major projects, require computer simulated modeling and photo montage of development proposals and architectural review by City staff or a consulting architect. 5. Design Guidelines. Utilize existing design guidelines, such as Heart of the City and Monta Vista, in reviewing development projects. Update the guidelines or create guidelines for dditional areas if needed to achieve a cohesive design concept. Cupertino's residential stock is largely single family; 70% in the year 2000. Even so, the number of multi -family units increased by over 1,500 units between 1990 and 2000, with three notable new apartment complexes comprising most of those units. Seventy-five percent of the residential units allowed under build -out of the General Plan are multi -family, due to the emphasis on infill, mixed-use development. Clearly attractive multi -family design is critical to maintaining a high-quality living environment. 6 View Preservation Devise and implement a policy to encourage developers to limit building heights in order to preserve hillside views throughout the City. Policy 2-15: Multi -Family residential Design Maintain a superior living environment for multi -family dwellings. Strategies: 1. Relationship to Street. Relate building entrances to the street, utilizing porches or stoops. 2. Provision of Outdoor Areas. Provide outdoor areas, both passive and active, and generous landscaping to enhance the surroundings for multifamily residents. Allow public access to the common outdoor areas whenever possible. The approach to single family,residential design has evolved in recent years from quantitative control of floor area ratio and setback regulations to qualitative control: over design, including hearings before the Design Review Committee. Design regulations and guidelines are in place that require design review of larger, two. -story residences; applicants must demonstrate that their proposals blend well into the neighborhood. Numerous requirements for. reducing second story wall heights and breaking up wall planes are included, as well. The: distinct architectural design ofone neighborhood, Fairgrove, is recognized for its unique Eichler architecture; special development regulations and guidelines were adopted for this neighborhood. Several other neighborhoods have chosen to protect their single story styles by requiring use permits if second stories are desired. Additionalimprovements to single family residential design control may be needed to further enhance neighborhood compatibility and quality, such as reducing the visual impact of garages. Policy 2-16: Single -Family Residential Design Preserve the character of residential neighborhoods by requiring new development to be compatible: with the existing neighborhood. Strategies: 1. Design Regulations and Guidelines. Ensure that design regulations and guidelines address the size, style, materials of new construction and the relationship of the proposed changes to the existing neighborhood, including privacy impacts. Consider amendments to the regulations and guidelines if additional measures. are needed to ensure attractive and compatible designs. 2. Design Review' Committee. Maintain the Design Review Committee to review larger proposed homes and homes requiring exceptions to the regulations,.. - 7 Streetscape and Transitions Cupertino's streets heavily influence the City's form and the lifestyles of people who live here. Streets can form neighborhood boundaries and add to the sense of community, but they can also compartmentalize and cut off other areas, causing isolation. Streets become barriers when they are difficult to cross or do not offer a sense of protection from vehicular traffic, thus closing off one neighborhood from another. According to studies, speed, even more than the volume of traffic, greatly influences the activities of people who live nearby. To help create streetscapes that promote the General Plan themes of connectivity and walkability, streets must be landscaped and framed with buildings to provide beauty and interest. Policy 2-17: Streetscape Design Consider unique streetscape choices for different parts of Cupertino. Strategies: 1. Street -oriented Building Design. Orient commercial buildings to the street by placing them toward the front of properties. Orient residential buildings to the street by providing entries and stoops fronting the street. 2. Sidewalk Locations and Widths. Determine appropriate sidewalk locations and widths. In the Crossroads area, sidewalks should be located next to the curb, and should be wide enough to accommodate a concentration of pedestrians. In the neighborhoods, sidewalks should be separated by a landscape strip from the curb, in most cases, and be of standard width. 3. Medians. Enhance major streets with landscaped medians to beautify the streets and serve as traffic calming devices. 4. Street Trees. Maximize tree landscaping along arterial street frontages between buildings and/or parking lots and their adjacent street curb lines consistent with land use visibility requirements. S. Intersection Landscaping. Provide substantial landscaping at all arterial intersection corners. 6. Neighborhood Trees. Develop uniform tree planting selections for neighborhoods. Policy 2-18: Context of Streetscape Landscaping In public and private landscaping projects subject to City review, select landscaping designs that reflect the development context. Strategies: 1. Urban Landscape. Landscape urbanized areas with formal arrangements of ornamental plants. 2. Rural Landscape. Provide a transition to a more rural landscape on Homestead Road west of Highway 85, Stevens Creek Boulevard west of Highway 85 and De Anza Boulevard south of Highway 85. Landscape rural and semi -rural areas informally with native plantings. COMMUNITY DEVELOPMENT The Community Form section of the Land Use Element and Figure 2-13 described the overall physical structure of Cupertino. The Community Development section describes how growth potential is allocated to different areas of the City, in terms of square footage and height. The type of development, that is, commercial, office, etc., and other design requirements, are also described. How the City allocates growth through the General Plan is critical in determining the type of community Cupertino will be in the future. New housing, retail, office and industrial growth directed by the City to specific areas with specific intensities can contribute to building a more balanced and satisfying community for its residents. Balancing Land Uses Cupertino historically has more jobs than housing. When this imbalance is multiplied many fold by adjacent cities, there are regional consequences that include high local housing costs, residential sprawl into outlying areas, congestion of the transportation system and increased air �96 pollution. The General Plan's development allocation policies; will improve the jobs/housing balance by increasing. potential housing units and decreasing non-residential square footage. GOAL D THRIVING,_ BALANCED COMMUNITY Policy 2-19: Jobs/Housing Balance Strive for amore balanced ratio of jobs and housing units. Strategies: 1. Housing and Mixed Use. Allocate housing or mixed-use development on certain commercial, office and industrial sites that de not have fflt de opffief-A oteli �" LT1L tlV LVlll�iC11 L consistent with long-term City revenue projections (See Policy 2-X Economic Development. 2. Housingi � I � . Since thequalityof f Cupertino schools (elementary and high school) is a primary asset of the City, care shall be taken to ensure any new housing will not adversely impact these systems. ee ef Had -,--&F e€ two t, , ge „11 a fflee -' 4 1 1 - + + build 1 t same Fatie.. Unew _ _ ___ _ _ _ _ 1L LV VlL11 tl. 11V l.LVl i� v ++V Allocating Development Potential Development activity should be controlled so that private development fulfills City goals and priorities. There is. a finite amount of new development that can take place before traffic levels exceed the City's desired transportation level of service. Full "build -out" is not an urgent goal. The uncommitted development potential from properties that are not "built -out" should be alloeated reserved to meet future City development needs and overall goals. On a case-by-case basis, the City may allocate development potential to private developments based on the community benefits the project would provide. The remaining uncommitted development potential will be allocated as shown in the Development Allocation Table. Further adjustments to these allocations may be necessary to ensure that the City's economic needs and goals are met. Citywide development potential is calculated by summing the development potential from each of the City's areas. Each area has unique development concepts applied to it to determine its potential. Individual properties are assigned: base development potential, but most property owners will need to apply for additional allocations to develop their properties. Policy 2-20: Diversity of Land Use Maintain a city structure of Neighborhoods, Commercial areas, Employment areas and Education/Cultural areas. Provide sufficient development opportunities for these areas in order to enhance their distinct character and functions, while maintaining. the desired transportation levels of service. Strategies: 1. Citywide Development Allocation. Allocate new development citywide in accordance with the following Table 1 and. 2'-A Development Allocation. 2. Development Criteria. Floor area ratios for non-residential uses maybe exceeded through the development review process using established criteria for evaluating projects. Floor area potential not fully utilized in new development will be returned to the relevant development allocation category. 3. Flexible Allocations. Allow flexibility among the allocations assigned to each geographical area. Allocations may be redistributed from one geographical area to another if necessary and if no significant environmental impacts, particularly traffic, are identified. 4. Allocation Review. Review allocations of the development priorities periodically to ensure that the development priorities meet City needs and goals. 5. Development Agreements. Unused development potential committed in development agreements may be reallocated following the expiration of each development agreement after public hearing. TABLE 1 - DEVELOPMENT POTENTIAL :those in the pipeline plus the Vallco potential Table 2-A. Development Allocation. Neighborhood Commercial (sq. ft.) Office (sq. ft.) Hotel (rooms) Residential (DU) 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout: Monta Vista 88,816 99,698 416,557 456,210 - - 760 902 AAGU Oak Valley - - - - 178 178 �O Fairgrove - - - - - - 220 220 Other Areas 17,376 18,307 FO Commercial Centers Heart of City 1,182,456 1,476,115 510,531 521,987 - 77 238 4S7_ 500 10 Vallco South 1,110,700 1,645,700 708,057 1,091,824 - 713 - 700 0 Homestead Rd 238,735 193,678 69,550 69,550 126 126 484 4-89 800 Other Areas 494,576 495,415 268,735 250,604 - - 6 345 Employment Centers N DeAnza Blvd. 44,979 51,372 2,048,021 2,266,206 - 123 - 300 City Center 29,358 79,011 1,032,072 1,149,513 - 224 219 714 Vallco North 127,806 133,147 2,843,144 3,069,676 315 315 551 $34_ 0 Bubb Road - - 28,645 444,435 - - - 81 Citywide 3,317,426 4,174,136 8,325,312 9,320,005 441 1,578 20,032 2 22.347 (Adjust to densities stated herein.) [Note: There was strong task force support for reducing the growth in residential dwelling units to approximately 2,300 dwelling units, and prohibiting mixed-use at the Crossroads. There are two proposed approaches for doing this The task force voting was split 55145 in favor of eliminating mixed-use development in Vallco North and South. The approach for elim:inatingall residential growth in the Vallco areas plus the Crossroads, and reductions in Homestead are reflected in the policy changes here under Commercial Centers in Section 2 of the GP. The second approach of only eliminating mixed-use growth in the Crossroads and simply limiting mixed-use growth elsewhere is reflected under Housing in Section 3 -Implementation Program 1. Neighborhoods and Non -Residential Centers NEIGHBORHOODS Many of Cupertino's residential neighborhoods are distinct enclaves, such as Garden Gate, Linda Vista, Monta Vista, Rancho Rinconada and Oak Valley. Factors that contribute to their distinct character are architectural style, density or street boundaries. These and all neighborhoods must be planned carefully to be sure that residents live safely and comfortably, that they have access to shopping and recreation and that their property investment is reasonably protected. Neighborhood planning is affected by different neighborhood characteristics. Multi -family or mixed-use neighborhoods may have easy access to shopping and transit; single-family neighborhoods may be more isolated from services. Homes in most neighborhoods have suburban, one -and two-story architectural styles, while others have chosen to retain a single -story appearance or unique UU1 1990 Built 2000 Built Existing Gen. Plan DRAFT Gen. Plan Task Force Gen. Plan Commercials ft 3,359,000 3,317,426 4,431,000 4,174,136 4,431,000 Office/Industrials q ft 7,457,000 8,325,312 9,428,000 9,320,005 9,320,005 rotel Rooms 277 411 1,027 1,578 1,429` Residential Units 17,460 20,032 22,369 24,647 L 22,36( :those in the pipeline plus the Vallco potential Table 2-A. Development Allocation. Neighborhood Commercial (sq. ft.) Office (sq. ft.) Hotel (rooms) Residential (DU) 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout: Monta Vista 88,816 99,698 416,557 456,210 - - 760 902 AAGU Oak Valley - - - - 178 178 �O Fairgrove - - - - - - 220 220 Other Areas 17,376 18,307 FO Commercial Centers Heart of City 1,182,456 1,476,115 510,531 521,987 - 77 238 4S7_ 500 10 Vallco South 1,110,700 1,645,700 708,057 1,091,824 - 713 - 700 0 Homestead Rd 238,735 193,678 69,550 69,550 126 126 484 4-89 800 Other Areas 494,576 495,415 268,735 250,604 - - 6 345 Employment Centers N DeAnza Blvd. 44,979 51,372 2,048,021 2,266,206 - 123 - 300 City Center 29,358 79,011 1,032,072 1,149,513 - 224 219 714 Vallco North 127,806 133,147 2,843,144 3,069,676 315 315 551 $34_ 0 Bubb Road - - 28,645 444,435 - - - 81 Citywide 3,317,426 4,174,136 8,325,312 9,320,005 441 1,578 20,032 2 22.347 (Adjust to densities stated herein.) [Note: There was strong task force support for reducing the growth in residential dwelling units to approximately 2,300 dwelling units, and prohibiting mixed-use at the Crossroads. There are two proposed approaches for doing this The task force voting was split 55145 in favor of eliminating mixed-use development in Vallco North and South. The approach for elim:inatingall residential growth in the Vallco areas plus the Crossroads, and reductions in Homestead are reflected in the policy changes here under Commercial Centers in Section 2 of the GP. The second approach of only eliminating mixed-use growth in the Crossroads and simply limiting mixed-use growth elsewhere is reflected under Housing in Section 3 -Implementation Program 1. Neighborhoods and Non -Residential Centers NEIGHBORHOODS Many of Cupertino's residential neighborhoods are distinct enclaves, such as Garden Gate, Linda Vista, Monta Vista, Rancho Rinconada and Oak Valley. Factors that contribute to their distinct character are architectural style, density or street boundaries. These and all neighborhoods must be planned carefully to be sure that residents live safely and comfortably, that they have access to shopping and recreation and that their property investment is reasonably protected. Neighborhood planning is affected by different neighborhood characteristics. Multi -family or mixed-use neighborhoods may have easy access to shopping and transit; single-family neighborhoods may be more isolated from services. Homes in most neighborhoods have suburban, one -and two-story architectural styles, while others have chosen to retain a single -story appearance or unique UU1 AN T-! CD®�IDg�u CD o �� a o h�lq � CD CDo � NO 00 W J N J of O O .p 00 W O 00 O 00 W N � r y t'.) oo W o w 0000 W CNIt Ol N , D � � O � � O h � N oo 00 �w(-n Jt -h C:) 00 '}-y w Ol N \10 z w 00 o w w CN w 00 �-•� O -I� O v� O O N CD � O r+ uj 00 O F - N O F--+ �p N ^ W Uri C) 000 J N � Implementation 1• Housing Units by planning district Add about 2,340 new residential units as specified in the existing general plan versus 4,615 new units citywide in the draft. Option 1 (includes some housing at Vallco, but none in the Crossroads area) Area # of Units Density # units/ acre # of acres Monta Vista 142 Up to 12 11.8 Vallco Park South 125 Up to 25 5 (of 20 Heart of the City 443 to 25 17.7 Homestead Road --Up 493 Up to 35 14.1 City Center 494 to 35 14.1 North De Anza 215 -Up Up to 25 8.6 Vallco Park North 228 Up to -25 8.7 Bubb Road 81 Up to 20 4.1 Undesignated- 116 U to 20 6.5 Total 2,337 Option 2 (includes no housing at Vallco, and no housing in the Crossroads area) Area # of Units Density # units/ acre' of acres Monta Vista 142 Up to 12 11.8 Vallco Park South 0 0 0 of 20 Heart of the City 262 Up to 15 17.7 Homestead Road 316 to 22 14.1 City Center 495 _Up Up to 35 14.1 North De Anza 300 Up to.35 8.6 Vallco Park North 0 0 0 (of 8.7 Bubb Road 81 Up to 20 4.1 Undesignated 719 ? ? Total 2,315 G: \ Planning j Ciddy `Implementation 1.doc architectural features. Planning for neighborhoods should consider proximity and connections to necessary services, and setting design standards for private property and public rights of way that reflect the character of the surrounding area. Neighborhoods must offer housing opportunities to meet a spectrum of lifestyle needs. Cupertino encourages a variety of housing types, as demonstrated in the housing element of the General Plan. Mixed residential and commercial uses are especially encouraged, since they provide more affordable housing and offer residents easy access to shopping and work. Ample housing must be available to Cupertino employees to assure that housing prices and locations are within reach. While several neighborhoods have planning procedures in place, others require identification of and planning for special needs. Policy 2-21: Unique Neighborhood Character Identify neighborhoods that have an architectural style, historical background or location that contribute to a unique neighborhood, and develop plans that preserve and enhance their unique qualities. s9rrategies: 1. Neighborhood Plans. Initiate or respond to requests to create Council approval for any budgeting needed to prepare the plans. 2. Neighborhood Zoning. Despond to requests from neighborhood groups to develop zoning regulations to address their interest in preserving neighborhood character, such as single story homes or distinctive architecture. Policy 2-22: Neighborhood Street Planning that help create neighborhood identity, improve safety, increase opportunities for social interaction and connections to shopping, schools, recreation and other destinations. Strategies: 1. CircuMon patterns. Evaluate neighborhood circulation patterns and eliminate pedestrian barriers. 2. Public Facilities. Evaluate existing and planned public facilities, such as schools and parks, to improve pedestrian access. 3. Street Trees. Develop uniform street tree planting plans for each neighborhood. 4. Neighborhood Entries. Define neighborhood entries through architecture, landscaping or land forms appropriate to the formal or rural character of the neighborhood. Vehicular electronic gates should generally be discouraged, because they isolate developments from the community. 4. Street Requirements. Determine if special street widths, sidewalk requirements or light fixtures are desirable for any neighborhoods. Policy 2-23: Compatibility of Lot Sizes Ensure that zoning, subdivision and lot line adjustment requests related to lot size or lot design consider the need to preserve neighborhood lot patterns. s9rragagies: 1. Mnirnurn hot Size. Increase the minimum lot size if the proposed new lot size is smaller than and not compatible with the surrounding neighborhood. 2. Flagg Lots. Create flag lots in proposed subdivisions when they are the only reasonable alternative that integrates with the lot pattern in the neighborhood. MONTA VISTA Three neighborhoods have special plans in place. The first is the Monta Vista neighborhood, serving since the late 1800's as an attractive farming, and second home community, and emerging into Cupertino's primary neighborhood of historical interest. It consists of both commercial and residential uses. Monta Vista's commercial area is governed by the Monta Vista Design Guidelines. The Guidelines provide a cohesive approach to architecture, landscaping and public improvements for that portion of the Monta Vista area. Additional planning is proposed to update the Guidelines and address the whole area. Policy 2-24: Monta Vista 11 Retain and enhance Monta Vista as a residential, commercial and industrial node, with adequate pedestrian and bicycle access. Thecommercial district should serve as a neighborhood commercial center for Monta Vista and its adjoining neighborhoods. Mixed-use with residential is encouraged. The industrial area should be retained to provide small-scale light industrial and service industrial opportunities, while remaining compatible with the surrounding residential and commercial uses. Strategies 1. Interconnected Access. Individual properties shall have interconnected pedestrian and vehicle access and shared parking. 2. Parking. Commercial properties or commercial portions of properties may rely on public parking on Pasadena and Imperial Avenues to meet their off-street parking needs within the area bounded by Granada Avenue, Stevens Creek Boulevard, Orange Avenue and the Union Pacific right of way (see figure below). 3. Storefront Appearance. Commercial and office buildings shall include a storefront appearance to the public street, and shall not be separated from the public sidewalk by extensive landscaping or changes in elevation. Office building buildings shall be designed to accommodate future entrances from the sidewalk for future retail uses. 4. Residential Streets. Residential street improvements shall maintain a semi-rural appearance, except that Safe Routes to School streets, or any others so designated by the City Council, shall have sidewalks. 5. Development Intensity. Utilize a 0.15 Floor Area Ratio for non-residential uses. Flo nn pity amettities afe provided. Development alleeations f6f the planning afea shall not be exce e unless alleeations a-Fe tfattsf�tTed ffem another at:ett. Residential densities afe shown the land tise fflap. areas without specified residential densities require a residential allocation. Commercial (sq. ft.) Office (sq. ft.) Hotel (rooms) Residential (DU) 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout Monta Vista 88,816 99,698 416,557 456,210 - - 760 902 6. Building Heights. Two-story buildings with some three-story elements. 7. Monta Vista Design Guidelines. Evaluate the Monta Vista Design Guidelines to determine if revisions are needed to the architectural and circulation specifications. OAK VALLEY The Oak Valley neighborhood was developed in the late 1990's as a single family neighborhood in a natural area. It is nearly surrounded by Santa Clara County Park and Midpeninsula Regional Open Space lands. The 178 homes are clustered on 67 acres of the property, and public parkland is designated on 145 acres. Development was directed away from steep slopes, view sheds, riparian corridors and areas of tree cover. Architectural styles were approved that complement the natural setting. Policy 2-25: Oak Valley Retain and enhance Oak Valley as a unique neighborhood surrounded by natural hillside areas and private and public open space. Strategies 1. Development Intensity. Development intensity is governed by a development agreement that includes the use permit and other approvals. These approvals describe development areas, intensity and styles of development, public park dedication, tree protection, access and historic preservation. The theme of the approvals is to balance development with environmental protection by clustering development, setting it back from sensitive environmental areas and preserving large areas in permanent open space. 2. Architectural Design. Residences are required to reflect traditional architectural styles and use of natural materials. Commercial (sq. ft.) Office (sq. ft.) Hotel (rooms) Residential (DU) 12 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout Oak Valley------ 178 178 FAIRGROVE The Fairgrove neighborhood is located in eastern Cupertino, and consists of a group of 220 Eichler homes built in the early 1960's. The area has maintained a consistent Eichler architectural style. In collaboration with the Fairgrove neighborhood, the R1 -e — Single Family Eichler zoning was adopted. The zoning includes regulations that govern setbacks, roof slope, materials and other unique Eichler features. Eichler Design Guidelines were also adopted, which property owners use voluntarily to preserve the Eichler style while remodeling their homes. Policy 2@26a Fairgrove Preserve the unique character of the Eichler homes in the Fairgrove neighborhood. Strategies 1. Zoning. Require all new construction to conform to the Rle zoning (Eichler Development Regulations) 2. Design Guidelines. Encourage residents to incorporate the design guidelines illustrated in the Eichler Design Guidelines prepared for the Fairgrove neighborhood. Commercial (sq. ft.) Office (sq. ft.) Hotel (rooms) Residential (DU) 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout Fairgrove ------ 220 220 OTHER AREAS The remaining neighborhoods are areas that are not planned as unique neighborhoods at this time and are not mixed-use zoning areas. Development intensity is determined by existing zoning and land use designations. Commercial (sq. ft.) Office (sq. ft.) Hotel (rooms) Residential (DU) 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout Other Areas ----- 17,376 18,307 COMMERCIAL CENTERS Commercial areas in the City offer a variety of goods and services directly to residents in the neighborhoods or the larger region. Vallco Park and the Crossroads Area are the primary, concentrated commercial areas. General Plan allocations for other commercial nodes are for local -serving commercial needs. Commercial/residential mixed-use is encouraged in all commercial nodes. HEART OF THE CITY Policy 2-27: Hea#1 of the City Create a positive and memorable image along Stevens Creek Boulevard of mixed use development, enhanced activity nodes, and safe and efficient circulation and access for all modes of transportation. Development Activities: A majority of the commercial development allocation should be devoted to enhancing activity in the major activity centers. Mixed commercial and residential development may be allowed when they provide community amenities and are pedestrian -oriented. Land uses between the activity 13 centers should help focus and support activity in the centers. See Policy 2-29 for development activities in these areas. Development Intensity: Below is the development allocation for the entire Heart of the City area. See Policies 2-28 and 2- 29 for development intensity in the Heart of the City sub areas. Heart of the City: Commercial (sq. ft.) Office (sq. ft.) Hotel (rooms) Residential (DLI) 2000 Built Buildout 2000Built Buildout 2000Built Buildout 2000 Built Buildout 1,182,456 1,476,115 510,531 521,987 - 77 238 �4-57500 Design Elements: The Heart of the City Specific Plan and shall provide design standards and guidelines for this area. They promote a cohesive, landscaped Yfry-streetscape that links the major activity centers. 14tey afe intencled to pfomotel'11611 quallity developfftent, etteettfage ierea s ei visibility and to 4affie the st�eet-. Building Heights: See building heights map (Figure 2-D). Strategies 1. Heart of the City Specific Plan. Revise the Heart of the City Specific Plan to reflect modified plan -area boundaries, preferred development patterns, land use distribution and height limits for each sub -area of the Stevens Creek Planning Area. 2. Traffic Calming. Evaluate options for traffieon Stevens Creek Boulevard to improve the pedestrian environment by proactively masa ing_speed limits, their manual and automated enforcement, and traffic signal synchrony. CROSSROADS AREA Policy 2-28: Crossroads Area Create an active, pedestrian -oriented shopping district .,its, ~ ii iealong Stevens Creek Boulevard, between De Anza Boulevard and Stelling Road. Development Activities: Development along Stevens Creek Boulevard shall have retail uses with storefronts on the ground level. Commercial office uses may be allowed on the second level. Residential „s„s f:e peffflitte� on t1te seeonel or third level of buildings, of loeated at the rear of the property. These residential uses should aet as a buffer between the ,ffi! eoffipatients of the shopping distriel Development Intensity: Floor Area Ratio: 0.15 commercial/commercial office. �-ddufing are Kousirv�&,�tv: 15 dwelling units pef gross aere. Design Elements: Buildings shall eonsist ef veftieal of hefizental mixed use developments, twe to thfee stefies >- et . e withd stifl t ,,,.�"rr� -tet height, lines, ffiedules aleng Steveiis Gfeek Beuievat:d and ad j,,eent *,.e Primary ground -floor entrances ZIrLi,�LCCC ALLLLC JCL V1✓�.�. shall face the street. fs and stoops ll'' i'',, b i,sh llt7G two steties in height. Developments with a residential eofflpanent shall 'C " Space. -The streetscape shall consist of wide pedestrian sidewalks with inviting street furniture, street trees, pedestrian -scaled lights with banners, small plazas, art/water features, Oil 9 reef pafk-i-ng, pedestrian crosswalks with special paving, and other elements identified in the 14 Crossroads Area Streetscape Plan. Designs should include entry features at the Stelling Road/Stevens Creek Boulevard and De Anza/Stevens Creek Boulevard intersections to mark the Crossroads area. A landmark feature shall be provided at City Center Park at the Stevens Creek and De Anza Boulevard intersection to mark the center of the city. Ba�1Mng Heights: dee 1i., 1 '�-. ',-� ----, r�g - ID).Maxitnum of 35 feet. Strategies: 1. Crossroads Area Streetscape Plan. Prepare a specific plan for Stevens Creek Boulevard between De Anza Boulevard and Stelling Road, with the objective of creating a unique streetscape and shopping district. The Crossroads area presents a unique pedestrian-oriented activity center, which will be a positive and memorable gathering place for Cupertino citizens and visitors. The plan shall include the following elements: A land use plan specifying the type, intensity and arrangement of land uses to promote pedestrian and business activity. A design plan that provides for an attractive pedestrian streetscape. The design plan shall contain guidelines that foster pedestrian activity and create a sense of arrival. 2. Shared parMng. Require shared parking agreements throughout the area, with overall parking standards reduced to reflect shared parking—,ef.-sa=e_a� Parking areas may be located below-grade, in above-grade structures or behind the buildings. Above grade structures shall not be located along street frontages and shall be lined with active uses on the ground floor. 3. Cornmerc W-offlce Uses. Allow commercial-office uses above ground level retail to be drawn from the commercial allocation for the area. 4—..Re d level of buildings or to 1, 1lJ cA.l i+1- r� �-.v w-w r�r%Ti �1�t�n as-i the LIle S-V rTi51l-IC�II v - 1 -- ^l - J reial 1 3. STEVENS CREEK BOULEVARD Policy 2-29: Stevens Creek: Boulevard Retain and enhance Stevens Creek Boulevard as a mixed commercial, office and residential corridor connecting De Anza College, Crossroads, City Center and Vallco Fashion Mall. This corridor extends from Highway 85 to the eastern city limits and is split into three segments: "West," "Central" and "East." The Crossroads Planning Area is between the Western and Central sections of the Stevens Creek Boulevard Planning Area. Development AcUvkles: The Stevens Creek Planning area includes the "Heart of the City" development standards and guidelines. Residential or office developments shall be considered in mid -block parcels. Parcels on or near intersections shall have a neighborhood commercial component. Project -specific development allocations will be determined on a case-by-case basis. 1. West Stevens Creek Boulevard (from Highway 85 to Anton Way): This area includes the Oaks Shopping Center and the De Anza Community College campus. New development in this area should' ypo'mixed incort)orate mixed commercial/residentiallresi(e,F-L+HaII uses. 2. Central Stevens Creep Boulevard (from Cie Anza Boulevard east to Perimeter Road): New development shall consist of commercial/commercial office uses on the first floor. Office uses are permitted on the second floor. Residential and residential mixed uses are allowed. 3. Bast Stevens Creep Boulevard (from Perimeter Road to eastern City limits): New development shall consist of commercial/commercial offices uses on the first floor. Office uses are permitted on the second floor. Residential and residential mixed uses are allowed. 15 Development Intensity: F��lo, o[�r�Area Ratio: 0.15 for commercial/commercial office. epdi planniftg Residential: UP to 35 dwelling units per gross acre -in City Center to Perimeter Rd. Up to 25 units per acre elsewhere. Design Elements: Buildings shall be located at the front setback line defined in the Heart of the City Specific Plan. Parking shall be located to the side or rear of the buildings. Building Heights: See building .Maximum 45 feet City Center to Perimeter Rd. Maximum of 30 feet elsewhere. VALLCO PARK SOUTH Policy 2-30: Vallco Park South Retain and enhance Vallco Park South as a large-scale, --.-- ,e,a commercial area that is a highly ung -regional commercial, office and entertainment center. with suppefting highe density residential developme-- - This area is specifically not intended as a mixed-use center, but rather as a hub for fiiture. city revenue producing uses (i.e retail, hotel, commercial. Development Activities: 1. A regional shopping mall and office and industrial buildings are the main features of this area. Hotels are also allowed in the Vallco Park area. Daytime and nighttime regional entertainment activities, such as a movie theatre complex, are highly encouraged in the mall area. As part of the development agreement, office and industrial uses are also allowed. The precise mix of land uses shall be determined via a master plan and an approved use permit. The City has formed a redevelopment project area encompassing the regional mall properties. The redevelopment area allows for most of the funds derived from the "tax increment financing" to go to the redevelopment area. "Tax increment" refers to the amount of the property tax value increase above the property tax value at the time of the redevelopment area approval. -T�e are: The regional mall site has a development agreement with the City to allow an additional 535,000 sq. ft. of commercial area above the 1,110,700 sq. ft. of space, which existed on July 1, 1991. The development agreement expires in 2006. This area can be used as additional Mixed use commercial, office, industrial and/or hotel building space. The development agreement ties many of the mall's future development activities to the regulations and policies in effect at the time of its adoption. New affiee development east of Wolfe Read must be asseeiated with new fesidentia.t Development Intensity: Floor area ratio: 0.15 for office/industrial. Floor- afea faties may be exeeeded a,,ting th cted-elopment re i . erre tfansfeffed fteffl anothef afea. Hotel development is dfawft ft -am the hetel alleeation ift this rea: Residefitial! 35 dwelling, uiiitshgfess aere. Vallco Park South Commercial (sq. ft.) Office (sq. ft.) Hotel (rooms) Residential (DU) 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout 1,110,700 1,645,700 708,057 1,091,824 - 713 - 4000 Design Elements: To better integrate the shopping mall with the surrounding community, encourage any new retail development to provide outdoor shopping experiences in continuity with the present indoor shopping. New office development should also be pedestrian -oriented. To achieve this, proposed projects should: 1 . Avoid parking structures along the Stevens Creek Boulevard frontage, and minimize the height and bulk of parking structures visible from public streets. 2. Develop pedestrian linkages between the industrial park and the regional mall. 3. Provide active retail uses facing the street or outdoor pedestrian corridor with connections to the interior mall area, residences and industrial park. 4. Design parking areas relatively free of pedestrian barriers and shopping islands. 5. Site buildings to create a strong street presence. Buildings facing the street shall be designed in consideration_ of the scale of the buildings across the street. 6 . Reduce heights and increase setbacks for new development proposed adjacent to residential areas. 7 . Include pedestrian amenities: landscaping, furniture, lighting, fountains, canopies, special paving materials and other features to enhance pedestrian activity. 8. Retain the trees along the I-280 frontage, Wolfe Road and Stevens Creek Boulevard as much as possible when new development is proposed. . Building Heights: See building heights map (Figure 2-D). HOMESTEAD ROAD Policy 2-31: Homestead Road Create an integrated, mixed' -use commercial and housing village along Homestead Road, consisting of three integrated areas. Each area will be master planned, with special attention to the interconnectivity of these areas. Development Activities: A commercial area will be located at the southeast corner of Homestead Road and Stelling Road. Residential uses are encouraged along: with the commercial component. A highmedium-density residential area will be located in the mid -block area between the two commercial areas. The residential area will include a new, public park. Homestead Road Commercial (sq. ft.)' Office. (sq. ft.) Hotel (rooms) 2000 Built Buildout 2000 Built" Buildout 2000 Built Buildout 238,735 193,678 69,550 69,550 126 1`26 Development Intensity: Residential (DU) 2000 Built Buildout 484` +,4-&9._a0 0 Floor Area Ratio: 0.15 commercial/commercial office. Floor aratios b y � e exceeded �a,fiftg may V Residential: -5-0-up to 35 dwelling units per gross, acre. Design Elements: Buildings facing the street shall consider the scale of the buildings across the- street.: Building Heights: Maximum Height of 35 feet Strategy Develop r a. conceptual plan for the Homestead Road Planning Area. REMAINDER OF NEIGHBORHOOD COMMERCIAL AREAS Policy 2-32: Remainder of Neighborhood Commercial Areas. IVA Retain and enhance neighborhood commercial areas, which provide goods and services to neighborhood residents and visitors. These areas include: • South De Anza Boulevard. • West side of Stevens Canyon Road across from McClellan Road. • Intersection of Foothill Boulevard and Stevens Creek Boulevard. • Homestead Road near Foothill Boulevard. • Northwest corner of Bollinger Road and Blaney Avenue. • Southeast corner of Homestead Road and Blaney Avenue. • North side of Stevens Creek Boulevard between Highway 85 and Mary Avenue. • All other non-residential properties not referenced in an identified commercial area. Development Activities: Developments are encouraged to include a neighborhood commercial presence along the street. Developments may be occupied solely by neighborhood commercial or residential uses, but not solely by office, commercial -office or general commercial uses. Buildings may be one or two stories in height, to be determined on a case-by-case basis. Ground -level uses near the street must be neighborhood commercial uses with a traditional storefront appearance. Second -level areas may be commercial office or residential. Residential uses should be used as a buffer between commercial uses and neighboring low-density residential properties. Landscaping may be used as a buffer in smaller developments. Development Intensity: Floor Area Ratio: 0.15 neighborhood commercial. Residential: Residential density is dependent on the neighborhood context, with a maximum density of 15 dwelling units per gross acre. Commercial (sq. ft.) Office (sq. ft.) Hotel (rooms) Residential (DU) 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout Other Areas 494,576 495,415 268,735 250,604 - - 6 345 Strategy Neighborhood Commercial Zoning. Develop a Neighborhood Commercial Zoning Ordinance that defines the uses and development regulations for this zone. Rezone appropriate areas to this zoning district. EMPLOYMENT CENTERS NORTH DE ANZA BOULEVARD Policy 2-33: North De Anza Boulevard Maintain and enhance North De Anza Boulevard as a regional employment center with supporting commercial and residential land uses. Development Activities: Office, industrial, research and development with supporting commercial and residential uses. New office development must be associated with new residential development at a ratio of two units for every 1,000 sq. ft. of office space. Development Intensity: Floor Area Ratio: 0.15 office/industrial. ceepmerr b' Residential:1---U to 25 dwelling units per gross acre. Commercial (sq. ft.) Office (sq. ft.) Hotel (rooms) Residential (DU) 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout North De Anza Blvd. 44,979 51,372 2,048,021 2,266,206 - 123 - 300 Design Elements: An extensive landscape setback next to De Anza Boulevard is required from Alves Drive to Route 280. The landscape area shall be complemented by landscaped medians and generous private landscaped areas. The 50 -foot landscaped setback may be reduced according to project frontage size, scale and development type. Driveways and streets onto De Anza Boulevard shall be discouraged to avoid disrupting the continuity of landscaping and the flow of traffic. To strengthen the visual effect of this landscaped corridor, new buildings should be sited to frame the street and landscaping. Pedestrian features, such as company stores, outdoor seating and front entries are encouraged. L WUng Heights: See building '„-,igIBIES ffiap yL «;r_ aximum height 30 feet. CITY CENTER Policy 2-34: City Center. Maintain and enhance City Center as a kHrgemoderate-scale, �rmedium density, mixed use district a � ayL-i11ie—13,alati-eii that will provide community identity and activity and will support retail uses in the Crossroads Area. Development Activities: Office, housing, hotel, public facilities, stores, restaurants and mixed uses. Development IntensKy: Floor Area Ratio: 0.15 commercial/commercial office/office: Fleef afea ..`ties may be ,,,.ee a�d ietlief caea. Residential: Up to 3.5 dwelling units per gross acre. Commercial (sq. ft.) Office (sq. ft.) Hotel (rooms) Residential (DU) 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout City Center 29,358 79,011 1,032,072 1,149,513 - 224 219 714 Design Elements: Buildings are of varied form and height. A public park is located at the southeast corner of Stevens Creek and De Anza Boulevards, combining open space, landscaping, public art and retail uses that front the plaza. It will serve as a focal point for community identity and will include pedestrian connections to the Crossroads area. BuRdong Heights: ."ife Maximum height of 45 feet. Height exceptions have been granted to create a high activity node in this area. No further exceptions shall be granted. VALLCO PARK NORTH Policy 2-35: Vallco Park Worgh Retain Vallco Park North as an employment area of predominately office and light industrial activities, with neighborhood commercial uses. Suppofting fesidenfial. Development Activities: Hewlett Packard also has a development agreement for its 95 -acre campus site bounded by Wolfe Road, Homestead Road, Tantau Avenue and Pruneridge Avenue, which commits the City to the development policies of the 1993 adopted General Plan, excluding the policies on additional mitigated development that were later rescinded. This development agreement expires in 2015. Rest eftti Future potential retail uses are eiie,,,,,. age a a potential for this area. Neighborhood commercial, and hotel aid fess (.,.,t;,,' uses are allowed. Vallco Park North Commercial (sq. ft.) Office (sq. ft.) Hotel (rooms) Residential (DU) 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout 127,806 133,147 2,843,144 3,069,676 315 315 551 8-54551. Development Intensity: U Hewlett Packard's development agreement locks in the remaining floor area allocated to their property. After the expiration of the development agreement, and for other properties in this area, the floor area ratio is 0.15 for office, industrial and commercial uses. °:loot .,re .",f;os tuat ,-be t; ens Design Elements: b Building Heights: See building heights map (Figure 2-D) Bugs ROAD Policy 2-36 Bubb Road Retain the Bubb Road area primarily as an low-rise industrial and research and development area. Development Activities: Allowed uses consist of those described in the West Valley Industrial Park ordinance. In addition, neighborhood commercial and residential uses are allowed. Compatibility of non -industrial uses with industrial uses must be considered when reviewing new development. Development Intensity: Floor area ratio: 0.15 for industrial and neighborhood commercial. Abe exeeeded dtifing the development review pfeeess i;tc c`use of: athef e0mmunity amenities z loeations Residential: 35 -Up to 20 dwelling units per gross acre. Commercial (sq. ft.) Office (sq. ft.) Hotel (rooms) Residential (DU) 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout 2000 Built Buildout Bubb Road - - 428,645 444,435 - - - 81 Design Elements: Local serving commercial is encouraged along the street frontage to provide services closer to employment centers and to encourage pedestrian activity. Building Heights: 30-45 Maximum of 30 feet EDUCATION/CULTURAL CENTER DE ANZA COLLEGE Cupertino is home to De Anza College, an outstanding community college with 25,000 students in 2000. It is a valuable educational resource for students and a cultural resource for residents who utilize the performance and art activities of the College. De Anza College also provides a venue for bringing the community together for meetings and citywide celebrations. As .De Anza College grows, opportunities will be sought to further integrate its activities into the community. A portion of the campus at the intersection of Stevens Creek Boulevard and Stelling Road is included in the Crossroads Plan, in hopes that small commercial activities could be located there. Housing on the De Anza site is encouraged to help meet student/staff housing needs. In. addition, traffic mitigation measures are encouraged to address circulation and levels of service. Policy 2-37: De Anza College Support De Anza College in its role as a valuable community resource, and seek oppoti.unities to integrate future activities into the community. Development Activities: Small commercial activities and housing are encouraged in addition to traditional college functions. Design Elements: 20 Building locations should minimize visual impacts on surrounding residential neighborhoods,. Commercial activities should be considered along the street front as part of the Crossroads planning area. Circulation patterns should be designed to direct traffic away from residential neighborhoods. ECONOMIC DEVELOPMENT Cupertino enjoys a diverse economic environment that includes high technology headquarters and divisions, start-up companies, regional and local shopping centers and other valuable community services and stores, such as banks and restaurants. Development policies must take into account traffic, housing and community character impacts, as well as the economic health of the community, opportunities to revitalize older retail centers and provide for the growth of the City's business community. The economic benefits of development to Cupertino, such as sales, user and hotel taxes, s,..e,al a also must be considered in development policies to offset Cupertino's low percentage share of local property tax revenues. GOAL E THRIVING AND DIVERSE BUSINESSES THAT BRING ECONOMIC VITALITY TO THE COMMUNITY, WHILE BALANCING HOUSING, TRAFFIC AND COMMUNITY CHARACTER IMPACTS CITYWIDE Cupertino has multiple points of freeway access adjoining commercial centers (e.g. Valleo North and South, and The Oaks) capable of supporting regional shopping, entertainment, hotels, and other business -to -business sales activities that can generate revenues for the city without adversely impacting local traffic congestion. Development policies shall reflect the lon -tgL erm economic value of these centers to Cupertino. Policy 2-38ao Economic Development Plan City staff shall prepare an annual forward-looking 10 -year revenue forecast keyed to the commercial zones within the City. This forecast shall include the specific development assumptions and proactive strategies supporting the forecast for each zone. Land use decisions affecting these zones shall be made with detailed understanding of their fiscal impact on the cites projected long-tenn revenue strealn. Cupertino is. interested in working with local companies and businesses to maintain a high quality community. City officials strive to be responsive to the needs of local businesses and seek opportunities for interaction with them. Policy 2-38 Partnerships Encourage the private sector to participate in partnerships with nonprofit or public agencies to provide community benefits and services. Policy 2-39: New Businesses and Business Retention Encourage new businesses and retain existing businesses that provide needed local services and municipal revenues, contribute to economic vitality and enhance the City's physicalenvironment. Strategy: Collaboration with. Business Community. Collaborate with the business community to facilitate growth, development and infrastructure improvements that benefit- residents and businesses through the City's Economic Development Committee and other resources., Policy40: Maintain Streamlined Development review and Building Permit Processes Provide efficient and timely review of development proposals, while maintaining quality standards in accordance with city codes. Look for solutions to. problems, be responsive to 21 community concerns, promote positive communications at all levels of review and provide analysis and advice to decision -makers to help them make informed decisions. OFFICE/INDUSTRIAL DEVELOPMENT The Vallco Industrial Park, North De Anza Boulevard, City Center and West Valley Industrial Park employment nodes contain most of Cupertino's office/industrial development. Office/industrial areas have evolved into office/research and development, more than industrial. Apple Computer headquarters and the office/industrial facilities of Hewlett Packard are major office developments in Cupertino. The two office towers and the mid -rise office buildings at the intersection of Stevens Creek and De Anza Boulevards, and the smaller companies in the West Valley Industrial Park on Bubb Road are other significant developments. Office/industrial development brings prestige and vitality to the City. However, consideration needs to be given to maximizing economic benefits to Cupertino, as well. Policy 2-41: Revenue Analysis of Office Developments In reviewing office development proposals, encourage office uses and activities that generate significant revenues to the City, such as local sales offices, capturing point of sale internet transactions and business to business tax revenues. COMMERCIAL DEVELOPMENT Cupertino's most significant commercial center is Vallco Fashion Park. Because of the economic decline of the Vallco Fashion Park , the City initiated a redevelopment project area there in 2000. Redevelopment funds will be used to foster the revitalization of this regional shopping center through mall expansion, infrastructure improvements, and economic development programs.-Tnd Other significant commercial areas are along Stevens Creek Boulevard, including the Crossroads area and Monta Vista. While there has been some facade improvement in recent years, there has been no major reinvestment in the commercial centers in decades. Reinvestment is needed to upgrade or replace buildings and make other improvements so that these commercial areas are more competitive and better serve the community. Policy 2-42: Vallco Redevelopment Area Facilitate redevelopment in the Vallco Redevelopment Area as a distinctive, tflix .attsel- regional shopping and entertainment center, with fesidential ffnd hotel uses. Strategy Master Developer. Facilitate development by working with the property owner or a Master Developer. Policy 2-43: Incentives for Reinvestment Provide incentives for reinvestment in the existing commercial areas. Strategies: 1. Mixed-use..-Mlaw Consider mixed-use (office, commercial, residential) in certain commercial areas to provide more community identity, pedestrian activity and housing opportunities _witlhOut marginalizingy tax -revenue producing businesses. 2. Shared or Reduced Parking. Consider shared parking or reduced parking requirements as incentives to construct new commercial development without constructing unnecessary amounts of parking. 3. Streetscape Improvements. Consider streetscape improvements to such areas as the Crossroads area to encourage redevelopment of the area as a pedestrian -oriented, mixed-use village and to contribute to housing or community design goals. HILLSIDES Cupertino's hillsides are an irreplaceable resource shared by the entire Santa Clara Valley. The hillsides provide important habitat for wildlife, watershed capacity to prevent flooding of 22 urbanized areas, a wide vegetative belt that cleanses the air of pollutants, recreational opportunities for residents, and visual relief from sprawling development. Allowing low -intensity residential development in the foothills provides a realistic use of private hillside lands, while preserving important environmental, recreational and aesthetic values. GOAL F MLLSI®E PR®TECTMN Policy 2-44: Hillside Development Standards Establish building and development standards for the hillsides that ensure hillside protection. Strategies: 1. Ordinance Regulations and Development Approvals. Apply ordinance regulations and development approvals that limit development on ridgelines, hazardous geological areas and steep slopes. Control colors and materials, and minimize the illumination of outdoor lighting. Reduce visible building mass through such means as stepping structures down the hillside, following the natural contours, and limiting the height and mass of the wall plane facing the valley floor. 2. Slope -density Formula. Apply a slope -density formula to very low intensity residential development in the hillsides. Density shall be calculated based on the foothill modified, foothill modified —acre, and the 5-20 acre slope density formulae. Actual lot sizes and development areas will be determined through zoning ordinances, clustering and identification of significant natural features. Policy 2-45: Previously Designated Very Low Density: Semi -Rural 5 -Acre Allow certain hillside properties to develop using a previous General Plan Designation. Strategy Properties Designated in 1976 Generra� Nan. Properties previously designated Very Low - Density Residential: Semi -Rural 5 -Acre Slope Density Formula as described in the amendment to the 1976 General Plan concerning the land use element for the hillside area may be subdivided utilizing that formula. Properties previously subdivided in conformance with the Very Low - Density Residential: Semi -Rural 5 -Acre Slope Density Formula have no further subdivision potential for residential purposes. Policy 2-45: Existing Legal Lots in Foothill Modified and Foothill Modified 1/2 - acre Slope Density Designations Require discretionary review of hillside or R1 properties if development is proposed on substandard parcels, on slopes greater than 30% or on any other areas where studies have determined the presence of health and safety problems. Strategy EreepUon process. Review these development proposals through the exception process. Policy 2-47: Clustering Development in Subdivisions Cluster lots in major subdivisions in the 5 -20 -acre slope density designation, and encourage clustering in minor subdivisions in the 5 -20 -acre slope density designation. Strategy Reserve 90% of the land in private open space to protect the unique characteristics of the hillsides from adverse environmental impacts. Keep the open space area contiguous as much as possible. There will be some scarring from hillside development as roads, housing sites and public and private subdivision improvements are graded. So, improvement standards must balance the need to furnish adequate utility and emergency services against the need to protect the hillside, vegetation and animals. Roads should be narrowed to avoid harming trees and streambeds. Grading should be kept to a minimum by prohibiting mass grading for building sites and by allowing narrow driveways, instead of public streets, to serve more than one lot. Policy 2-40': Rural Improvement Standards in Hillside Areas 23 Require rural improvement standards in hillside areas to preserve the rural character of the hillsides. Strategies: 1. Mass Grading in New Construction. Follow natural land contour and avoid mass grading in new construction, especially in flood hazard or hillside areas. Grading large, flat areas shall be avoided. 2. Retaining Significant Trees. Retain significant specimen trees, especially when they grow in groves or clusters, and integrate them into the developed site. The Montebello foothills at the south and west boundaries of the valley floor are a scenic backdrop to the City, adding to its sense of scale and variety of color. It's impossible to guarantee an unobstructed view of the hills from any vantage point, but people should be able to see the foothills from public gathering places. Policy 2-49: Views for Public Facilities Design and lay out public facilities, particularly public open spaces, so they include views of the foothills or other nearby natural features, and plan hillside developments to minimize visual and other impacts on adjacent public open space. Strategy: Development Near Public Open Space. Remove private driveways and building sites as far as possible from property boundaries located next to public open space preserves and parks to enhance the natural open space character and protect plants and animals. Most of the hillsides in Cupertino's planning area are unincorporated and undeveloped, so County policies dictate their final land use. County policies provide for low-density residential, agricultural, park, open space and wildlife uses, as well as mineral resource extraction. Clustering and dedication of open space are required for residential development. Most policies are compatible with Cupertino's, except for those relating to expansion of mineral resource areas, which conflict with the City's hillside protection and compatible land use policies. County development, particularly if located near Cupertino's urban fringe area, should consider Cupertino's General Plan. Visual impacts, road access, traffic impacts and other service demands should be assessed in consultation with Cupertino's plans and personnel. Policy 2-50: Santa Clara County General Plan Hillsides policies found in the Santa Clara County General Plan adopted in 1994 are included in the Cupertino General Plan by reference and are applicable to the unincorporated hillside area. These policies are incorporated because they are consistent with hillside protection goals. If changes are proposed in the County plan that are inconsistent with the City's hillside protection goals, then the City should protest those changes as well as not incorporate them into the City's General Plan. Policy 2-51: County Development County development, particularly if located near Cupertino's urban fringe area, should consider Cupertino's General Plan. PUBLIC SERVICES AND FACILITIES An important part of Cupertino's quality of life is the high standard of public services and facilities enjoyed by residents and workers in Cupertino. This section discusses schools and the library. Other services and facilities—police, fire protection, utilities and waste disposal—are discussed in the Public Health and Safety Element of this Plan. SCHOOL DISTRICTS Cupertino is served by excellent institutions of public education. Cupertino Union School District, Fremont Union High School District and Foothill -De Anza Community College District provide nationally acclaimed elementary, secondary and post -secondary education, respectively. This group of school districts is one of the primary attractions of Cupertino for home buyers, particularly families with school-age children. While the City is not directly involved in the 24 provision of education, it does control growth and development that can affect: schools by increasing_ student enrollment beyond the means of schools to service them. It is thus crucial for the City to continue working with its school districts to maintain their current high quality. Policy 2-52 Planning for Schools Recognize the financial impact of increased development on the school districts' ability to provide staff and facilities. Work with the districts to assure that the continued high level of school services can be provided prior to granting approval for new development. Policy 2-53:: Pedestrian Access Create pedestrian access between new subdivisions and school sites. Review existing neighborhood circulation plans to improve safety and access for pedestrians and bicyclists to school sites. Policy 2-54: De Anza College Allow land uses not traditionally considered part of a college to be built at De Anza College. Such land uses should further integrate the campus into the community, provide facilities and services not offered- in the city or alleviate impacts created by the college. LIBRARY SERVICES Cupertino Library is another important community resource, with 54,326 Cupertino area residents. holding library cards. The library is operated by the Santa Clara County Library under the Joint Powers Authority Agreement, and is funded through library -dedicated property taxes and City general fund revenues. The original 24,000 sq. ft. library building on Torre Avenue was opened in 1971. In 1988, the building was remodeled to add 13,000 sq. ft. for a total building area of 37,000 sq. ft. Circulation (the number of items checked out) has increased each year since the library reopened in 1988. Circulation has increased by over 1,000,000 items annually, an increase of 144% from 693,130 items circulated in fiscal year 1989-90 to 1,693,807 items circulated in fiscal year 2000-01. The number of annual visits to the library has increased over 60% in that same time, from 337,030 visits in 1989-90 to 540,983 visits in 2000-01. The library collection has also outgrown the remodeled_ facility. In 1989-90 the collection numbered 211,947 items. In 2000-01 the collection numbers 312,614 items. Shelves are crowded; there are not enough seats, nor enough public access computers to meet public demand. Library staff has reorganized shelving, seating, and collections to make the most efficient use of space, and has provided new technology for enhanced service to the community. As a result of the need for improved library services, a new library was approved by the Cupertino City Council, with the support of the Santa Clara County library staff. Policy 2-55 Library Service Level Recognize that if the community desires a higher level of library service, cooperation County of Santa Clara and City of Cupertino in expanding library services and facilities is required. Policy 2-56 Library Planning Integrate and coordinate any library facility planning into all applicable General Plan policies, such as transportation, pedestrian and bike trails. Policy 2-57: Improving Library Service Encourage the library to continue to incorporate new technology to enhance service levels: within the, library system. Encourage the continued evolution of library collections and. services to meet theneedsof Cupertino residents of all ages, its richly diverse population, and its local businesses. Historic Resources 25 Before European settlement, Native Americans resided in the area that is now Cupertino. The Ohlone Indians had lived in the Rancho San Antonio area for over 3,000 years. The area. was first explored by Spanish soldiers when an expedition led by Colonel Juan Bautista de Anza passed through in March of 1776, and later was settled by numerous European immigrants who recognized the potential of the fertile land. They established farms and soon enjoyed a thriving agricultural economy. The village of Cupertino sprang up at the crossroads of Saratoga - Sunnyvale Road (now De Anza Boulevard) and Stevens Creek Road. It was first known as West Side, but by 1898, the post office at the Crossroads needed a new name to distinguish it from other similarly named towns. John T. Doyle, a San Francisco lawyer and historian, had given the name Cupertino to his winery, in recognition of the name bestowed on the nearby creek by Petrus Font. In 1904, the name was applied to the Crossroads and to the post office when the Home Union Store incorporated under the name, The Cupertino Store, and moved to the northeast corner of the Crossroads. Many of Cupertino's pioneer settlers planted grapes in the late 1800s. Vineyards and wineries proliferated on Montebello Ridge, on the lower foothills, and on the flat lands below. As these orchards flourished the valley became known for a profusion of blossoms in spring. Many more people passed through the Cupertino area first by electric railway and later by car to view all the blossoms in the "Valley of Heart's Delight." Because of the electric railway, the Monta Vista area of Cupertino developed. Monta Vista was the name of its first housing tract. In the late 1940's, Cupertino was swept up in Santa Clara Valley's postwar population explosion. Concerned by unplanned development, higher taxes and piecemeal annexation to adjacent cities, Cupertino's community leaders began a drive in 1954 for incorporation. Incorporation was approved in a September 27, 1955 election. Cupertino officially became Santa Clara County's 13th City on October 10, 1955. Today, Cupertino is part of a world-renowned high technology center, known as "Silicon Valley," and is home to several companies producing leading edge computers and software. Historic properties show Cupertino's past. These sites remind :residents of the colorful people who built and occupied them. Most of the historically significant properties are privately owned. Private owners and City government can work together to maintain the historic value of these properties. A successful example of this cooperation is the rehabilitation of the De La Vega stable in the Rancho Deep Cliff residential subdivision. The "Tack House" was refurbished extensively inside but its exterior remains much the same. It is the 61 -home community's recreation center and meeting hall. GOALG PROTECTION OF HISTORICALLY AND ARCHAEOLOGICALLY SIGNIFICANT STRUCTURES, SITES AND ARTIFACTS Policy 2-58: Landmark Rehabilitation Undertake an active partnership with private owners of landmark structures to rehabilitate the buildings for public or semi -private occupancy in order to retain their historic character. Strategy Flexible Standards. Allow flexible interpretation of zoning ordinance and building code standards not essential to public health and safety. These could include reduced on-site parking provisions or lesser setback distances. Policy 2-59: Archaeologically Sensitive Areas Protect archaeologically sensitive areas. Strategy Development Investigation. Require an investigation for development proposed in areas likely to be archaeologically sensitive, such as along stream courses and in oak groves, to determine if significant archaeological resources may be affected by the project. Also require appropriate mitigation measures in the project design. Policy 2-60: Native American Burials Protect Native American burial sites. 26 Strategy Upon discovery of such burials during construction, take action prescribed by State law, including stoppage of work in surrounding area, notification of appropriate authorities and reburial of remains in an appropriate manner. Policy 2-61: Heritage Trees Protect and maintain heritage trees in a healthy state. Strategy Heritage Tree List. Establish and periodically revise a heritage tree list that includes trees of importance to the community. CuKura� Resources Public art enhances Cupertino's image by giving it character and identity, and making it attractive to residents and visitors alike. It enhances a business's image by providing good public relations and good will within the community. The City intends to make public art a reality by promoting it in public and private development and by incorporating art works into future revitalization plans where possible. GOALf`nl A CIVIC ENVIRONMENT WHERE THE ARTS EXPRESS AN INNOVATIVE SPIRIT, CELEBRATE A RICH CULTURAL DIVERSITY AND INSPIRE INDIVIDUAL AND COMMUNITY PARTICIPATION Policy 2-62: Public Arts Stimulate opportunities for the arts through cooperative relations between local business and the City. Strategies: 1. OrrdMance. Develop and adopt a One -Percent for Art ordinance, which requires public and private development to set aside 1 % of their total project budget for on-site art. 2. Promote Art. Promote visible artworks in public and private development and gateways to the City. 3. Public Art Guidelines. Follow Public Art guidelines to assure that the proposed public art is appropriately scaled and fits into the context of its surroundings. 4. '-` must Workspace. Encourage the development of artist workspace, such as live/work units. OPEM SPACE, PARKS AMD TRAILS Cupertino's open space policies and programs have guided the development of regional, community and neighborhood parks, playing fields and trails that are treasured resources to its residents. Residents and workers have numerous nearby choices for enjoying nature, hiking, golfing, playing tennis or soccer, working out or just playing. These activities build community by bringing people together in common gathering places and tying neighborhoods together through connecting trails. [3E00NAL RESOURCES Several public agencies share the task of acquiring, maintaining, accessing and developing open space lands for the enjoyment of residents of Cupertino and its neighboring cities. Some of these public open space lands provide high or low -intensity recreation; some emphasize scenic beauty; others preserve vegetation or wildlife habitats; still others help control urban sprawl. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT The Midpeninsula Regional Open Space District, created in 1972 by the County electorate, states that its mission is "to acquire and preserve a regional .greenbelt of open space land in perpetuity; protect and restore the natural environment; and provide opportunities for ecologically sensitive public enjoyment and education." District lands in Cupertino are designated for low intensity 27 use to give long-term protection from encroaching urbanization. These lands are acquired according to four principal criteria: scenic preservation, preservation of unique sites, the: guidance of urban form, and low intensity recreational opportunities. Guidance of urban form requires cooperation and coordination with Cupertino's planning efforts. Consequently, the District contacts jurisdictions when purchases are considered within their spheres of influence or boundary agreement areas. The City has policies that encourage the Midpeninsula Regional Open Space District and the County Park System to complete phases of their programs and to buy certain properties it feels need to be owned by the public but still kept undisturbed. The City recognizes that fiscal constraints on regional, as well as local, park financing will affect park acquisition programs. SANTA CLARA COUNTY Most of the hillsides in Cupertino's planning area are unincorporated and undeveloped, so Santa Clara County's hillside policies and ordinances dictate their final land use. The County's General Plan calls for the hillside area to be preserved in an open condition with uses that support and enhance the rural character, which protect and promote wise use of natural resources, and which avoid or reduce the risks imposed by natural hazards found in these areas. Allowed uses include very low-density residential development, mineral extraction, agriculture, grazing and wildlife refuges, among others. In 1997, as part of the review and approval by the City of Cupertino for partial development of the San Jose Diocese's St. Joseph's Seminary property, in the Cupertino foothills, the County was able to acquire 133 acres of open space lands at no cost, to add to its previous holdings in the area. SANTA CLARA COUNTY PARKS PROGRAM The Santa Clara County park program operates on a voter -approved measure in which a fixed portion of the property taxes are set aside from the General Fund to acquire and develop a regional park system. It emphasizes completing Upper Stevens Creek Park and its connection to Stevens Creek. Because the upper portions of Stevens Canyon are environmentally important, the County Parks and Recreation Department has made a commitment to purchase lands to connect these two parks. Another important County park that serves Cupertino residents is Rancho San Antonio County Park, south of I-280 and west of Foothill Boulevard. GOAL I A FULL RANGE OF PARK AND RECREATIONAL RESOURCES, FOR LINKING THE COMMUNITY, OUTDOOR RECREATION, PRESERVATION OF NATURAL RESOURCES AND PUBLIC HEALTH AND SAFETY Policy 2-62: Stevens Creek Park The Santa Clara County Parks program should pursue the goal of connecting upper and lower Stevens Creek Parks. The County parks budget should pursue acquisition to the extent possible and emphasize passive park development in keeping with the pristine nature of the hillsides. Work to keep the watershed and storage basin properties of Stevens Creek. Policy 2-63: Continuous Open Space Actively pursue inter -agency cooperation in acquiring properties near the western planning area boundary to complete a continuous open space green belt along the lower foothills and to connect the open space to the trail system and the neighborhoods. SANTA CLARA VALLEYWATER DISTRICT The Santa Clara Valley Water District can help Cupertino carry out its open space policies by continuing its policy of cooperating with local government to fund access and restoration projects. It helped Cupertino prepare its natural flood plain policy for Stevens Creek between Stevens Creek Boulevard and the Stevens Creek reservoir and directly helped to buy open -space lands within McClellan Ranch Park. The Water District has a plan to partner with cities and the county to provide access to creekside trails and parks for recreational opportunities, This plan, the "Clean, Safe Creeks and Natural Flood Protection" plan, requires the Water District to incorporate trails;. parks and recreational opportunities into existing or new flood protection. projects. The City of Cupertino's main role in open -space planning, in the past, has been in developing neighborhood parks. In the future, in order to create a stronger sense of community, Cupertino needs to also develop and emphasize more community park facilities. Presently Memorial Park, which encompasses the Community and Senior Centers, is the only venue for community festivals, large group events and cultural programs. The development of new community recreational facilities, such as a skateboard park, community gym and teen center, have not been proposed for inclusion within neighborhood parks due to the intensity of use, noise and unacceptable traffic they would generate. The Sports Center, 6.2 acres at Stevens Creek Boulevard and Stelling Road, was acquired as an extension of Memorial. Park. It is one of the few City -owned sites appropriate for intensive recreational use, due to its location on major arterial streets, its proximity to public transit and its location in relationship to the Community and Senior Centers. Blackberry Farm is a 33 -acre park, open space and golf course facility along Stevens Creek Boulevard between Scenic Boulevard and Byrne Avenue that charges aper -person entry fee and is only open weekdays in the summer. The City is preparing a master plan for this facility in combination with the adjacent McClellan Ranch, Simms and Stocklmeir properties. Council goals for the plan include accommodating year -around use, incorporating a trail system, minimizing neighborhood impacts and restoring Stevens Creek corridor. The City's master plan for this entire acreage is intended to convert the facilities from majority non-resident to majority resident use and will allow the inclusion of the acreage in the park inventory. Policy 2-64: Future, Use of Blackberry Farm Retain some form of revenue -generating potential at Blackberry Farm (through the life of the - municipal bond that financed its purchase) as the uses are transitioned from non-resident to resident use. Increase community park acreage, and consider the financial implications of this transition. Strategy: Blackberry Farm Master Plan. Prepare a master plan for Blackberry Farm, and solicit broad public participation. Policy 2-65 recreational Opportunities for Special Needs Provide more recreational opportunities for special needs groups,- such as a Braille or fragrance park for the blind,. and wholly accessible trails for the aging and/or disabled PRIVATE OPEN SPACE RESOURCES There are several private, open -space and recreational -activity businesses in Cupertino's planning area, including a golf course, riding stables. and clubs offering tennis and swimming. They are valuable to the community because they provide services thatare not traditionally provided by the public sector. on City or regional parklands. Land use controls and incentives should be incorporated into public policy so these operations can continue. Private open space has been secured through the development review process. Several hillside subdivisions, as well as valley floor apartment complexes, offer both natural and improved recreational facilities to their residents. Utility system power line corridors in the City's- foothills are another category of privately controlled open space. An example of public-private. partnership for the joint use. of 29 private open space is the approximately one -acre site at the southeast corner of Stevens Creek and De Anza Boulevards. Adjacent to a hotel and apartment complex, this privately owned area is available for public use. Policy 2-66: Private Open Space and Recreational Facilities Encourage the continued existence and profitability of private open space and recreation facilities through incentives and development controls. Policy 2-67: Public Use of Private Open Space Seek cooperation from private landowners for public use of private open space. TRAILS Trails and paths connect people to each other and to open space and park resources. They provide an alternative to driving from place to place. Promoting more trails and connectivity along creeks, hillsides, and through neighborhoods is a major goal of the General Plan. Providing access to open space and parks is not completely dependent on trails. Sidewalks and streets can also connect pedestrians to their destinations. However, occasional barriers break the continuity. These need to be identified and corrected. The status of the six major trail corridors is as follows: 1) Stevens Creek The Stevens Creek Flood Plain is Cupertino's most prominent urban open space/trail resource. The land is designated for recreation and farming, with adjoining properties set aside for low-density residential use. The Stevens Creek Trail plan retains, the open space character of the Stevens Creek Flood Plain between the Stevens Creek reservoir and Stevens Creek Boulevard and offers historical significance relating to the Juan Bautista De Anza Trail designation. Since the late 1950s, many jurisdictions have advocated a formal urban trail following Stevens Creek, extending from the San Francisco Bay to the Pacific Ocean. Cupertino's 1964, 1972 and 1993 General Plans have all proposed an ambitious plan to buy lands for this purpose. The City's acquisition of Linda Vista Park, McClellan Ranch, Blackberry Farm, and the Simms and Stocklmeir properties support these plans. The City's master plan for this 60 - acre corridor will connect these properties into an urban trail/linear park. The Stevens Creek Trail Feasibility study concluded that it is feasible to construct 7.7 miles of separated and on -street multi -use paths connecting Rancho San Antonio and Stevens Creek county parks. To complete the trail, a public trail easement through the 150 -acre former quarry property south of Linda Vista Park will be established when the property is proposed for development and City review takes place. The former quarry haul road connects Linda Vista Park to McClellan Road. It is under the same ownership as the quarry and is necessary to link these properties. Full build out of the Stevens Creek trail is expected to take 10 to 15 years. 2) Calabazas Creek There is an opportunity for a trail along Calabazas Creek that would connect the Vallco planning area to Cupertino High School and Creekside Park. The Santa Clara Valley Water District's "Clean, Safe Creeks and Natural Flood Protection Plan" calls for identifying recreation opportunities along the Creek as part of the flood protection project. 3) San Tomas-Aquino/Saratoga Creek Cupertino's section of the 12 -mile San Tomas -Aquino Trail crosses into the City from Santa Clara on Pruneridge Avenue and extends to bicycle lanes on Bollinger Road, which forms the city limit between San Jose and Cupertino. Trail planning and implementation involved the County, neighboring jurisdictions and the Santa Clara Valley Water District. 4) Union Pacific Railroad The 8.7 -mile long proposed Union Pacific Rail Trail corridor extends through the cities of Cupertino, Saratoga, Campbell and the town of Los Gatos. The trail would link to the Los Gatos Creek Trail, connecting the two most heavily used parks in Santa Clara County, Rancho San Antonio County Park and Vasona County Park. A feasibility study found that this project is not feasible at this time. Acquisition of right-of-way or easements is anticipated when the Railroad 30 goes out of service in 20 years. The corridor is designated as a proposed trail on the Trail Linkages diagram. 5) Mary Avenue Bicycle Footbridge The proposed Mary Avenue Bicycle Footbridge links the north side of I-280 to De Anza College, Memorial Park and the Oaks Shopping Center. It is consistent with the De Anza College Facilities Master Plan and the Cupertino Pedestrian Transportation Plan. Implementation is scheduled for the years 2004-2005. 6) Regnart Creek and West Foothills Trails There are opportunities for trails along Regnart Creek. Several private and public projects have incorporated sections of trails as part of the development plans. A comprehensive trail plan for Regnart Creek, as well as one for the west foothills, would be advantageous, to provide consistent trail designs for future development. Policy 2=68 Opera Space and Traff Linkages Dedicate or acquire open space lands and trail linkages to connect areas and provide for a more walkable community. Strategies: 1. Cupertino Pedestrian Transportation Plan. Implement the recommendations of the Cupertino Pedestrian Transportation Plan to develop a City trail/pedestrian linkage between major employment centers, the Heart of the City and major open space areas. 2. Trail Projects. Implement the trail projects described in this element. 3. Dedicated Trails ®r Easements. Require dedication or easements for trails, as well as their implementation, as part of the development process, where appropriate. 4. Joint Use Agreement. Establish a Joint Use Agreement with the Santa Clara Valley Water District that sets standards and implementation measures for creek trails. NEIGHBORHOOD AND COMMUNITY PARKS Cupertino's most significant open space and park resources are neighborhood parks. They are essential to providing convenient recreational opportunities and attractive vistas for Cupertino's families. Cupertino has aggressively pursued various types of community recreational resources. Private open space, trails, school playing fields and sports facilities offer a full -range of recreational choices. Escalating land costs and a reduction in local funding means the City must consider new ways to acquire parkland, such as long-term joint -use agreements and development dedications. The City should also reconsider the uses of all existing facilities, so as to provide more community -oriented parks. Cupertino's neighborhood parks system serves the active and passive neighborhood and community parks recreation needs of its residents. Table 2-13 lists the existing park and recreation acreage by area. ACCESSIBILITY Some areas within neighborhoods are isolated by physical barriers, including land forms, freeways, railroad tracks, or streets with heavy traffic. Accessibility is a major consideration in neighborhood parks. Figure 2-L shows the neighborhoods and the 1/2 mile service area radius for neighborhood parks. The shaded service areas show physical barriers, such as freeways, railroad tracks or stream beds. The diagram does not show streets with heavy traffic. These busy streets may discourage some people, especially young children, from visiting nearby parks. The City of Cupertino shall continue its commitment to a responsive and attractive open space and park system by adhering to the following policies. Policy 2-69: Park Acreage Provide parkland equal to a minimum of three acres for each 1,000 residents. Policy 2-70. Park Walking Distance Ensure that each household is within a half -mile walk of a neighborhood park, or community park with neighborhood facilities, and that the route is reasonably free of physical barriers, including streets with heavy traffic. Wherever possible, provide pedestrian links between parks. 31 Policy 2-71: Recreational Intensity Recognize the level of recreational intensity appropriate to each neighborhood park, so that future park planning can be based on the desired intensity of use. Policy 2-72: Park Minimum Acreage Plan parks to be at least 3.5 acres for flexibility of use. The acquisition and development: of parks less than 3.5 acres may be considered according to the following priorities: High Priority - Designated neighborhoods that have no park or recreation areas. Moderate Priority - Designated neighborhoods that have school grounds and no parkland. Low Priority - Designated neighborhoods that have park or recreation areas less than three acres per 1,000 residents. Accessibility of residents to parks should be considered in determining priorities. In addition, consider pocket parks in new and renovated commercial projects and new residential developments for re�,1-ite and gathering_ places. Policy 2-73: Park Design Design parks to keep long-term maintenance costs low. Maximize the use of native plants and minimize water use. Policy 2-74: Park Access and Visibility Parks shall be designed to enhance public safety by providing visibility to the street and access by public safety responders. Policy 2-75: Acquisition of Surplus School Property A portion of developer fees shall be held in reserve for the possible acquisition of surplus school properties if they become available. The City should take advantage of the Naylor Act to purchase surplus school sites. Policy 2-76: Park and Open Space Acquisition Program Develop the City's Park Acquisition Strategy, based upon the proposed parks as outlined in Table 2-C. The Park Acquisition Program is further based upon three broad acquisition objectives: 1. Complete the Parks Acquisition Program in those areas that are park deficient. 2. Maintain an adequate inventory of sports fields. 3. Retain creek sites and other natural open space areas. Policy 2-77: Acquisition of Additional Parklands Additional parklands are identified and shall be acquired or dedicated in the Rancho Rinconada area, in the Vallco Park area, and in the area north of I-280 near Stelling Road. The General Plan is a policy document that will be used yearly to help in preparing the updated Capital Improvement Program. The plan is subject to revisions depending upon the availability of City, County and State funds and any subsequent actions of the Cupertino Union School District regarding the disposition of surplus school sites. Policy 2-78: School Playing Fields Preserve school playing fields for school and community recreational uses. Strategies: 1. School Expansion. Encourage schools to meet their expansion needs by building upward instead of outward into recreation fields. 2. School Parking Lots. Encourage schools to seek alternate parking or transportation solutions, rather than building new parking lots that infringe on playing fields. IMPLEMENTATION Cupertino will not have sufficient funds to buy enough parkland to meet the minimum standard of three acres for each 1,000 residents in all neighborhoods. Table 2-C shows the park and open space acreage proposed by area. An acquisition strategy that stretches limited funds by using school sites, expanding and revising existing park uses, taking advantage of State and other funds, and park dedication requirements for major new developments will be based upon these needs. Policy 2-79: New Residential Development in Urban Core Areas 32 New residential development in the urban core areas shall provide park and recreational space and facilities. The needfor dedication of public parkland and the provision of private: recreational space and facilities shall be determined when a master plan is submitted for the development, based on the following criteria: 1. Where feasible, public park space, as opposed to private, should be provided. Active park areas are encouraged that will serve the community need. Passive areas are acceptable, when appropriate to an urban setting. Features could include paths, benches, water features, picnic tables, public art, trees and gardens. They should be oriented toward the street or an activity area where it is easily accessible to the public. Passive areas deemed inaccessible or unlikely to be used by the public should not be credited toward park dedication. Providing public trail connections may be. given partial credit toward park dedication. 2. Where feasible, public park and recreational facilities should be provided for those who live and work in Cupertino. 3. New residential developments should be encouraged to blend their recreational facilities into the community at large. 4. Park fees should be collected based on a formula that considers the extent to which the public and/or private park space and facilities meet the park need. Policy 2-80: Required Public Park Land Require dedication of public parkland in areas where significant new housing units are identified to meet State requirements, particularly in the Homestead Road area and the vacant land on Stevens Creek Boulevard near Tantau Avenue. Policy 2-81: Recreational Facilities The City of Cupertino recognizes the public benefits derived from facilities such gymnasiums, swimming pools and/or tennis courts, and will work to provide these facilities as the use of school facilities is maximized. GENERAL POLICIES' Policy 2-82: Boundaries Between Land Uses Base boundaries between land use classifications upon lot lines of established land use activities, public streets, and constructed or natural physical barriers or a combination of any of these. Show the precise boundary on the zoning map. Policy 2-83: Residential Density Ranges on the Map Recognize that residential density ranges on the General Plan Map and its legend shows. the desired' development intensity for a general area. The actual gross dwelling -unit density may be, slightly different if the properties reflect the general development character of neighboring properties. Policy 2-84: Public and Quasi -Public Activities Allow public and quasi -public activities in commercial or office land use categories with zoning and use permit review based on the following criteria: 1. The proposed project must have similar building forms, population, traffic, noise and infrastructure impacts as the existing land use categories. 2. The proposed project must maintain a commercial interface in commercial designations by offering retail activities, creating a storefront appearance or other design or use options that are similar to commercial activities. Strategy.- Commercial trategy:Commercial ordinance. Amend the commercial zoning, ordinance to allow public and quasi - public activities as conditional uses. Policy 2-85: Closed School Site Use Designate all public school sites for public use. Sites may be used for quasi -public or institutional activities or both, or for housing. The dwelling unit intensity and development pattern shall reflect 33 the character of the surrounding residential districts. The future of unused school sites shall also reflect the City's park acquisition program in the Open Space and Trails section of this element. Policy 2-86: New Drive -Up Services Permit new drive -up service facilities for commercial, industrial or institutional use only when adequate circulation, parking, noise control, architecture features, and landscaping are compatible with the visual character of the surrounding uses and residential areas are adequately buffered. Prohibit drive -up services in the Downtown Village Commercial Node. Further evaluate any proposed drive -up services site for conformance with other goals and policies of the Plan. Policy 2-87: Late -Evening Entertainment Activities Discourage late -evening entertainment activities such as cocktail lounges, recreational facilities and theaters in the relatively narrow depth of Stevens Creek Boulevard and De Anza Boulevard properties where they abut low-density residential properties. Allow late -evening entertainment activities in the Downtown Village and Vallco Park and other large properties that are isolated from residential districts. Section 3 Housing INTRODUCTION Cupertino residents place high value on their homes and neighborhoods. Policies in all the General Plan elements are directed toward maintaining high quality residential areas. The Housing element focuses on several important principles of the General Plan: balance and diversity. Providing an adequate supply of housing assures that office and commercial growth, which creates the need for additional employees, is balanced with housing growth. Providing a variety of housing types, particularly apartments, assures that a diverse population of Cupertino residents has access to housing. The Housing element fulfills the requirements of State Housing Element_ law, which requires an analysis of the housing stock and households, estimates or Regional Housing Needs, evaluation of past progress in meeting Housing Element goals, and projected goals, policies and programs. The Housing element must be periodically reviewed for certification by the State Department of Housing and Community Development. Because much of the information required for State certification is statistical and must be updated every five years, Cupertino has prepared a separate Technical Document that includes the data required for State compliance, which is incorporated by reference as part of the General Plan. This Section includes a summary of some of the more significant information found in the Technical document, and a complete list of the goals, policies and programs for the time frame for the Housing Element. Community Profile POPULATION AND HOUSEHOLDS At the time of Cupertino's incorporation in 1955, the City's population within the incorporated area was less than 2,500 people. From 1955 to 1960 the population increased from 2,500 to 3,664 people. Over the following four decades with advent of the computer/electronic technology, Cupertino, like other cities in Santa Clara County, experienced a rapid increase in population. Between 1960 and the year 2000, Cupertino experienced a substantial growth in population, going from 3,664 people to 50,546 people. This accelerated growth reflected northern Santa Clara County's transition from an agricultural center to worldwide headquarters for many high technology industries and annexations that took place during the ten-year period between 1970 and 1980, which added 12,000 residents to the population of the City. The graph below (Figure 3- 34 A) illustrates Cupertino's population growthoverthe past four decades It is expected that Santa Clara County -will continue to be the most populous county within the San Francisco Bay Area region in the future. Population estimates prepared by the Association of Bay Area Governments (ABAG)project that Santa Clara County's population will increase from its present number of 1,755,30.0 persons to 2,016,700 persons by the year 2020. ABAG also projects that the population within the City of Cupertino and its sphere of influence will increase by 19% during the same twenty-year period. This would bring Cupertino's population to an estimated total of 66,400 persons by the year 2020. ETHNIC. COMPOSITION Historically, Cupertino's population has been predominantly Caucasian, with minorities represented in relative small percentages. Between 1975 and 1980, the Caucasian population decreased from 89% to 86%. There was a corresponding increase in the Asian -American population from 3% to 6.9%, while the other ethnic groups remained proportionally similar in size during the same period. According to the 1990 Census, between the years of 1980 and 1990 the Asian -American population increased from 8.9% to 23%, while other groups experienced very modest growth. The 2000 Census revealed that Cupertino has become a more diverse community. Between 1990 and 2000 the Asian -American population experienced a substantial increase from 23% to 44%, almost equaling the Caucasian population, which in the 2000 Census data indicated was at 50% of the total population. No other ethnic groups experienced such significant increases during this period. The graph below illustrates Cupertino's ethnic composition according to the 2000 Census data. AGE DISTRIBUTION The age distribution of the City of Cupertino changed during the period of the 1990-2000 decade. The percentage of children, teenagers and older adults (65 or over) increased while the 20-65 age group declined. This is an indication that Cupertino's population is maturing. This is consistent with the character of the state-wide population. It is estimated that persons over 55 years of age will represent 26% of the total state-wide population by the year 2020. In 1990,.the median age was 36 years; in the year 2000 the median age was 38 years. The graph below illustrates the breakdown of the City's population by age. HOUSEHOLDS For the purposes of evaluating housing supply and demand, it is helpful to translate population figures into household data. The U. S Bureau of the Census defines household as all persons who occupy a housing unit, which may include single persons living alone, families related through marriage or blood, and unrelated individuals living together. According to 2000 Census data, there were 18,204 households in the City of Cupertino. According to the General Plan there were 20,032. Approximately 75% of these households were classified as "family households" and the remaining 25%were "non -family households (primarily individuals living alone). It is estimated that 13% of all Cupertino households can be classified as "lower income" households. This 13% figure includes 1,547 households who are estimated to be "very -low-income and 801 as "low-income"households. In 2001, a household of four persons with a maximum income of $43,650' annually was considered "very -low-income", if their income: didn't exceed $69`,050 annually, they would be considered "low-income". Household size has remained relatively flat in recent decades. In 198.0,.the. average household size in Cupertino was 2.75 persons per household. Between 1980 and 1990, the household size decrease to 2.60 persons per household. However, by 2000,. the average household size returned to the 2.75 persons per household 35 HOUSING UNITS AND TYPE A substantial portion of Cupertino's housing stock was built after World Was II and reflects its suburban, residential character. According to 2000 Census data, there are 18,682 housing units. According to the General Plan there were 20,032. A comparison of 1990 and 2000 housing types is shown in Figure 3-D. There were a total of 8 mobile homes in Cupertino in 2000. The percentage of single family units in the housing stock has remained fairly constant in Cupertino in the 1990-2000 decade Currently, single family homes remain the predominant housing type. In 1990, 58.8% of all housing units were single-family, detached units and 13.% were single-family, attached units, for a total of 71.8% of the total housing stock. The remaining 21.2% were multi -family or other. Projections of future housing demand by type of unit, based on household income and construction costs, indicated that if housing affordable to the entire spectrum of economic groups is to be made available, the supply of multi -family units must increase. Housing costs are high in Cupertino. In January, 2001, the median sales price for a single family home in Cupertino was in excess of $1 million dollars. For the same general time period, the average rent for a multi -family rental unit was $2,353 per month. These costs far exceed the ability of very -low and low income households to afford housing. It is estimated that in 2001 at least 1,651 lower income households were "overpaying" for housing (paying more than 30% of their income for housing). From 1990-2000, a total of 2,074 new units were added to Cupertino's housing stock. This represents a production rate of approximately 200 units per year. Projected Housing Needs(Adjust to the amended totals in Implementation. Pron,ram I ba -low) 1. NEW CONSTRUCTION A) Adequate Sites For ABAG Estimated New Construction Need ABAG has estimated that the City needs to provide adequate sites to accommodate 2,720 units for the time period of 1999-2006. After adjusting for the housing units already provided between 1999-2001, the revised estimate is that adequate sites are needed for 2,325 units from 2001-2006 or 465 units per year.4ased-oti the faet that !he City dufing the past c4eeade has added att aveatge- of atltl� -1y pufstted between 2001 2006-. ed Community Of job And Housin.9 Opportunities Thefe is a need to aebieve Et bettef balanee between jobs and housing, so that supply is m0f_�_ ift 2. AFFORDABLE HOUSING The goal oi !,ictequate- sites faf 2,325 new units fi3f 2001 2006 is fttr4her refined by estimating4lif-- . Adequate sites at appropriate densities need to be provided to accommodate housing units affordable to the following household income groups. Affordable units for the remainder of the planning period will be achieved through the Below Market Rate program. Household Income Category Number of Units Very Low -Income 378 L3 36 Low -Income 188 Units 26 ) ti i T,„+- Moderate -Income tiI-- Above Moderate -Income 1� 13 3 T Tnits �'�%T��y ,JdJ LYYY LL.IY Figure 3-E. household Income. 3. CONSERVATION OF EXISTING HOUSING The City's existing rental stock provides a source of affordable housing for lower and moderate income households. In 2001, there were 292 rental units with affordability controls in Cupertino. In addition, there were 3 group homes providing housing for a total of 25 persons/households. One of the most significant needs during the 2001-2006 time period is to conserve the existing rental housing stock. In particular, the City will monitor the potential conversion of any affordable units to market rate, specifically the 100 unit Sunnyview development (affordability subsidies are scheduled to expire in 2004 ). 4. SPECIAL HOUSING. NEEDS Some of the households that have. special housing needs in Cupertino include homeless, elderly and disabled households.; The City needs to continue its relationship with special need providers and to support the provision of .additional housing opportunities where feasible. . 5. EQUAL ACCESS TO HOUSING A fundamental right is the ability for all persons to have equal access to housing, regardless of factors such as religion, ethnicity, age, or sexual orientation. It is important that the City continue to ensure equal access to housing and to support groups and organizations that provide fair housing counseling/information services. Goals, Policies and Programs are summarized on the following pages: GOAL A AN ADEQUATE SUPPLY OF RESIDENTIAL UNITS FOR ALL ECONOMIC SEGMENTS 1T.SC.Ciell-4dT. iftee 2325 Uffits for- 2001 - The fellewiii eGSYG3-TliLliG L1iU� Reed. Units T A ff- ,J b r. 1 QQ its r�ccrvr�r+�-�v-vvT ,-rr�e®rrlti, . Units Aff-or-dable-to Medefate (neem : 626 ;,,-„+ , 13 3tmits 2001 9 ?fly"'IP A T 4 1 f T_ -s .�✓JdJ MJ AYY Gi.➢ 290 L) Implementation Program I Housing Units by Planning District Encourage residential development in the following Planning districts, as provided below. Residential development in these planning districts includes mixed-use, multi -unit residential, and single-family residential at a density of 15-35 + units per acre. Adequate infrastructure is 37 currently available to all districts. (Please see map on page 22 of this summary or page 73 of the Technical Document, which identifies the location for the proposed units by Planning District) Time Frame: 2001-2006 (for ABAG estimate) 2007-2020 (for remainder of planning period) Responsible Party: City of Cupertino, Planning Department Quantified Objective: [Note: There was strong task force support for reducing the growth in residential dwelling units to approximately 2400 dwelling units, and prohibiting mixed-use at the Crossroads. There are two proposed approaches for doing this. The task force voting was split 55/45 in favor of eliminating mixed-use development in Vallco North and South. The approach for eliminating all residential growth in the Vallco areas plus the Crossroads, and reductions in Homestead are reflected in the policy changes under Commercial Centers in Section 2 of the GP. The second approach of only eliminating mixed-use growth in the Crossroads and simply limiting mixed-use growth elsewhere is reflected here.] Monta Vista 142 units at up_to 12 units per acre (11.8 acres) Vallco Park South 740-125 units at up to 253-5 units per acre ( acres) Heart of the City 64-9-443 units at up to 2536 units per acre (17.7 acres) Homestead Road 70-5--493 units at qp to 355P units per acre (14.1 acres) City Center 49-54 units at 35 units per acre (14.1 acres) North De Anza 380-215 units at up to 253-5 units per acre (8.6acres) Vallco Park North 343-228 units at a to o 253 units per acre (8.7 acres) Bubb Road 81 units at 20 units per acre (4.1 acres) Undesignated +40-122 units at up to 20 units per acre ( acres) TOTAL -- --3 445 2337 -units Implementation Program 2: Land Use Designations In order to allow for the number of units as identified in Program #1 (Housing Units by Planning Districts), some parcels of land in the specified Planning Districts will need a change in land use designation or zoning. The City will change land use designations/zoning to reflect the density ranges necessary to implement Program 1. Time Frame: 2003 Responsible Party: City of Cupertino, Planning Department Quantified 0�jeetive--. Implementation Program 3: Residential Potential Outside of Planning Districts Include the existing inventory of residentially zoned parcels with residential potential that are outside of the planning districts in addressing the Regional Housing Need. Time Frame: 2001-2006 (for ABAG estimate) 2007-2020 (for remainder of planning period) Responsible Party: City of Cupertino, Planning Department j-et.-tje 390 rev -vents at -415r r- Pef Aet:e, inn Aer-es Tet 4 514 Units at 15 20 Units Pef A^ . 34 Aefes Toto d WE 1) 4K T T 4- 4- 'i (1 2 C�_ f � 1 7 A i TT.71 L13d6L� .LL Vb'.LLL Implemenatation Program 4: Second Dwelling Unit Ordinance Assure that the Second Dwelling Unit Ordinance to encourage the production of more second units on residential parcels. Time Frame: 2001: Evaluate and revise program if necessary [complete] 2001-2020: Continue to implement program Responsible Party: City of Cupertino, Planning Department Quantified Objective: 25 Second Units Produced, 2001-2006 GOAL B HOUSING THAT IS AFFORDABLE FOR A DIVERVTY OF CUPERTINO HOUSEHOLDS Policy 3-2: housing Mitigation Plan Assign priority to households who live or work in Cupertino for BMR units produced through the plan or affordable housing units built with mitigation fees. Implementation Program 5: Housing Mitigation Plana — Office and Industrial Mitigation The City will continue to implement the "Office and Industrial Mitigation" fee program. This program requires that developers of office and industrial space pay a fee, which will then be used to support affordable housing for families who work in Cupertino but live elsewhere. These fees are collected and then deposited in the City's Affordable Housing Fund. The City will conduct an updated "nexus' study to determine whether the manner in which fees are calculated is still appropriate. Time Frame: 2002-2003 Conduct updated nexus study 2001-2006 Implement Mitigation Plan Responsible Party: City of Cupertino, Planning Department Implementation Program 6: Housing Mitigation Plana: Residential Mitigation The City will continue to implement the "Housing Mitigation" program. This program applies to all new residential development of one unit or grater. Mitigation includes either the payment of an in -lieu fee or the provision of a Below Market Rate (BMR) unit or units. Projects of 10 or more units must provide on-site BMR units. Projects of 9 units or less can either build a unit or paying - lieu fee. Implementation of the program shall include: a) priority for occupancy to households who reside, work, attend school or have family in Cupertino; b) additional priority for households with wage earners who provide a public service; specifically, employees of the City, local school district and public safety agencies; c) utilize City's Affordable Rent Schedule as a guideline in setting rents for new affordable housing; d) update the rent schedule each year as new income guidelines are received and determine a uniform method for allowing rent adjustments for affordable housing; e) allow developers to meet all or a portion of their BMR requirement by making land available for the City or a non-profit housing developer to construct affordable housing; f) require BMR units to remain affordable for a minimum of 99 years; g) enforce the City's first right of refusal for BMR units, and require 15% BMR units Time Frame: 2001-2006 Implement Program Responsible Party: City of Cupertino, Planning Department Quantified Objective: 159 Very Low Income Units Im 159 Low Income Units 53 Median Income Units 53 Moderate Income Units Implementation Program 7. Affordable Housing Fund The City's Affordable Housing Fund provides financial assistance to affordable housing developments. "Requests for Proposals" (RFPs) will be solicited from interested parties to develop affordable units with housing funds. Affordable housing funds will be expended in the following manner (ranked in order of priority): a) Finance affordable housing projects in Cupertino. b) Establish a down payment assistance plan that may be used in conjunction with the BMR program or to make market rate units more affordable. The assistance should be in the form of low interest loans and not grants. c) Establish a rental subsidy program to make market rate units more affordable. Time Frame: 2001-2006 Responsible Party: City of Cupertino, Planning Department Quantified Objective: 40 Very Low Income Units 40 Low Income Units Policy 3-3: Range of Housing Types. Encourage the development of diverse housing stock that provides a range of housing types (including smaller, moderate cost housing) and affordable levels. Emphasize the provision of housing for lower and moderate income households and, also, households with wage earners who provide service (e.g. school district employees, municipal and public safety employees, etc.) Implementation Program 8: Mortgage Credit Certificate Program Participate in the countywide Mortgage Credit Certificate (MCC) Program. This program allocates mortgage credit certificates to first-time homebuyers to purchase housing. Due to the high cost of housing units in Cupertino, it is estimated that most of the County's MCC' will be used in the City of San Jose, where there are more low cost housing units available for sale. Time Frame: 2001-2006 Responsible Party: Santa Clara County Mortgage Certificate Program Quantified Objective: 1-2 Households Assisted Annually Implementation Program 9: Move In for Less Program The Tri -County Apartment Association is managing this program, which recognizes the high cost of securing rental housing. The program is geared to classroom teachers in public or private schools who meet income criteria. Apartment owners/managers who agree to participate in the program require no more than 20% of the monthly rent as a security deposit from qualified teachers. Time Frame: 2001-2006 Responsible Party: Tri -County Apartment Association and City of Cupertino Implementation Program 10: Surplus Property for Housing In conjunction with local public agencies, school districts and churches, the City will develop a list of surplus property or underutilized property that have the potential for residential development, compatible with surrounding densities. Additionally, long-term land leases of property from churches, school districts corporations for construction of affordable units shall be encouraged. Further, the feasibility of developing special housing for teachers or other employee groups on the surplus properties will be evaluated. Teacher -assisted housing programs in neighboring districts, such as Santa Clara United School district, will be reviewed for applicability in Cupertino. .m Time Frame: 2002-2203: Develop list of surplus properties and evaluate feasibility of developing residential units on. properties. Responsible Party: City of Cupertino, Planning Department Implementation Program 11:.IobsMousing Balance Program Require major new office/industrial development to build housing as part of new development projects. As part of the development review process, the City will evaluate the impact of any application that will produce additional jobs in the community. The purpose of the evaluation is to describe the impacts of the new jobs on the City's housing stock, especially in relation to the j obs/housing ratio in the City. In 2001, ABAG's estimate of the City's job/housing ratio was 2.4 jobs to every household. The goal is to reduce this ratio during the time frame of the Housing Element (2001-2006). Further, the City will evaluate the feasibility of developing a policy and/or program that conditions approval of job producing activities to housing productions. Time Frame: 2002-2003 Develop procedure to evaluate job producing development proposals. Evaluate feasibility of policy and/or program that ties new job production to housing production. 2002-2206: Implement Responsible Party: City of Cupertino, Planning Policy 3-4: Housing Rehabilitation. Pursue and/or provide funding for the construction or rehabilitation of housing that is affordable to very low, low and moderate -income households. Actively support and assist non-profit and for profit developers in producing affordable units. Implementation Program 12: Affordable Housing Information and Support The City will provide information, resources and support to developers who can produce affordable housing. Information will be updated on a regular basis in regard to available funding sources and be distributed to all interested developers. In addition, information regarding additional City incentives such as the Density Bonus Program (see program #14) will also be provided and updated on a regular basis. Further, the City will involve the public from the beginning of an affordable housing application so that there are fewer objections to the project as it goes though the City approval process. Time Frame: 2001-2006 Responsible Party: City of Cupertino, Planning Department Policy 3-5: Development of Affordable Housing. Maintain and/or adopt appropriate land use regulations and other development tools to encourage the development of affordable housing. Makeeveryreasonable effort to disperse units throughout the community but not at the expense of undermining the fundamental goal of providing affordable units. Implementation Program 13: Density Bonus Program The City's Density Bonus Program provides for a density bonus and additional concessions for development of 6 or more units that provide affordable housing for families and seniors. Included in the concessions are reduced parking standards, reduced open space requirements, reduced setback requirements, and approval of mixed use zoning. The City willchange the Ordinance definition of affordable unit to housing costs affordable at 30% of household income for very low and low income Households. Time Frame: 2003-2003 Change affordability definition Responsible Party: City of Cupertino, Planning Department 41 Implementation Program 14: Regulatory Incentives The City will continue to waive park dedication and construction tax fees for all affordable units. Parking standards will also be discounted for affordable developments. For mixed-use and higher density residential developments, the Planning Commission or City Council may approve deviations from the Parking Regulation Ordinance of the Cupertino Municipal Code, if the applicant can provide a study supporting the deviation. Further, the City will continue to efficiently process all development applications. Time Frame: 2001-2006 Responsible Party: City of Cupertino, Planning Department Implementation Program 15: Residential and Mixed Use Opportunities In or Near Employment Centers The City will encourage mixed use development and the use of shared parking facilities in or near employment centers. In addition to the development opportunities available through the "Heart of the City" Specific Plan, the City will evaluate the possibility of allowing residential development above existing parking areas .,:xcept where mixed use is herein excluded. In specific, these areas would be near or adjacent to employment centers and could provide additional opportunities for housing. Time Frame: 2002 - 2003 Evaluate parking opportunity sites 2002 - 2003 Evaluate incentives that may be offered to encourage residential development in or near employment centers. Responsible Party: City of Cupertino, Planning Department Policy 3-6: Tax Increment Funds. Use a minimum of 25% of tax increment funds generated from the Redevelopment Project Area for housing activities that create affordable housing for lower and moderate income households. Set aside 5% of the 25% for extremely low income housing. Implementation Program 16: Redevelopment Housing Set Aside Fund The City has established a Redevelopment Project Area, from which tax increments funds are collected. A minimum of 25% of tax increment funds will be directed to low and moderate - income households, 5% of which are directed to extremely -low income households. The Redevelopment Agency will develop policies and objectives for the use of those funds. All policies and objectives shall be developed to reflect the goals and objectives of the Housing Element. Time Frame: 2002-2003 Develop policies and objectives for use of Housing Set -Aside Funds Responsible Party: City of Cupertino, Planning Department Policy 3-7: Housing Densities. Provide a full range of ownership and rental housing unit densities, including apartments and other high-density housing. 2001 2006 •ease a ► .i via %XIM."Nurammeneawl 60 ON `Q' i• D.111 i' 1 -TRW ialu'VIT J=r N P7y"V11 ticighborhood Time Ffaffle.. 2001 i i • 42 Resp-H-nsi_ , Implementation Program 19: Flexible Residential Standards Allow 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. Time Frame: 2001-2006 Responsible Party: City of Cupertino, Planning Department GOAL C ENHANCED RESIDENTIAL NEIGHBORHOODS Policy 3-8: Maintenance and Repair. Assist very low and low-income homeowners and rental property owners in maintaining and repairing their housing units. Implementation Program 20 Housing Rehabilitation This program provides financial assistance to eligible very low and low-income homeowners to rehabilitate their housing units. The County of Santa Clara, Housing and Community Development (HCD), administers the program on behalf of the City of Cupertino. When the City becomes an Entitlement Community in 2002-2003, housing rehabilitation activities will continue to be funded. Funding Source: CDBG Funds Time Frame: 2001-2006 Responsible Party: City of Cupertino and County of Santa Clara (HCD) Quantified Objective: 5 Housing Units Rehabilitated Annually Implementation Program 21: Home Access Program The Home Access Program provides assistance with minor home repairs and accessibility improvements for lower-income, disable households. Economic and Social Opportunities (ESO) administers the program under a contract with the County of Santa Clara. Funding Sources: Santa Clara County Urban County CDBG Funds Time Frame: 2001-2006 Responsible Party: ESO and County of Santa Clara (HCD) Quantified Objective: 3-5 Households Assisted Annually Implementation Program 22: Weatherization Program This program assists very low-income homeowners with weatherization improvements to their homes. Economic and Social Opportunities (ESO) administers the program in Cupertino and other areas of the County. Funding Sources State of California Energy Conservation Program Time Frame: 2001-2006 Responsible Party: ESO Quantified Objective: 3-5 Households Assisted Annually Implementation Program 23 Apartment Acquisition and Rehabilitation The County of Santa Clara administers Home and CDBG funds on behalf of the members of the Urban County and HOME Consortium. The City of Cupertino participates in both the Urban. County and Consortium activities. Funds are available on a competitive basis to developers to acquire and rehabilitate rental units for verylow and low-income households. When the City becomes an entitlement community in 2002- 2003, the City will continue to: include the availability of HOME and CDBG fund for apartment acquisition and/or rehabilitation. Funding Source: HOME and CDBG Funds Time Frame: 2001-2006 Responsible Party: City of Cupertino Policy 3-9 Conservation of Housing Stock Conserve the existing stock of owner, and rental' housing units, which provide affordable housing opportunities for lower and moderate: income households. I Implementation Program 24: Preservation of "At Risk Units" The only affordable housing development at risk of converting to market rate is the Sunnyview development. The expiration date of their federal subsidy is May 31, 2004. However, the development is considered at low risk for converting because it is owned by a non-profit organization, which has indicated that it will renew the assistance again in 2004. However, the City will monitor the development and will initiate contact in late 2003 with the owner and HUD to ensure that the units remain affordable. Time Frame: 2003 Initiate contact with owner and HUD to determine status of subsidy renewal. Responsible Party: City of Cupertino, Planning Department. Quantified Objective: 100 units preserved as affordable housing. Implementation Program 25: Condominium Conversions The City's existing Condominium Conversion Ordinance regulates the conversion of rental units in multi -family housing development in order to preserve the rental housing stock. Condominium conversions are not allowed if the rental vacancy rate in Cupertino is less than 5% at the time of the application for conversion and has averaged 5% over the past six months. Time Frame: 2001-2006 Responsible Party: City of Cupertino, Planning Department. Quantified Objective: No conversions until vacancy rate threshold is met. Implementation Program 26: Rental Housing Preservation Program The City's existing multi -family rental units provide housing opportunities for households of varied income levels. The City will develop and adopt a program that includes the following guidelines: When a proposed development or redevelopment of a site would cause a loss of multi- family rental housing, the City will grant approval only if at least two of the following three circumstances exist: - The project . ° site -tel -will comply with the City's BMR Program based on the actual number of new units constructed, not the net number of units, and/or - The number of rental units to be provided on the site is at least equal to the number of existing renal units, and/or - No less than 20% of the units will comply with the City's BMR Program. Further, the preservation program will include a requirement for a tenant relocation plan with provisions for relocation of tenants on site as much as possible. Time Frame: 2002-2003 Design Program 2002-2006 Implement Program Responsible Party: City of Cupertino, Planning Department Implementation Program 27: Conservation and Maintenance of Affordable Housing Develop a program to encourage the maintenance and rehabilitation of residential structures to preserve the older, more affordable housing stock. Time Frame: 2003-2004 Design Program 2004-2006 Implement Program Responsible Party: City of Cupertino, Planning Department Implementation Program 28: Neighborhood and Community Cleanup Campaigns Continue to encourage and sponsor neighborhood and community clean up campaigns for both public and private properties. Time Frame: 2001-2006 Responsible Party: City of Cupertino, Planning Department Policy 3-10 Energy Conservation. Encourage energy conservation in all existing and new residential development. Implementation Program 29: Energy Conservation Opportunities The City will continue to enforce Title 24 requirements for energy conservation and will evaluate utilizing some of the other suggestions as identified in the Environmental Resources/Sustainability element. Time Frame: 2001-2006 Responsible Party: City of Cupertino, Planning Department Implementation Program 30: Fee Waivers or Reduction for Energy. Conservation The City will evaluate the potential to waive or reduce fees for energy conservation improvements to residential units (existing or new). Time Frame: 2002-2003 Responsible Party: City of Cupertino, Planning Department GOAL D SERVICES FOR SPECIAL NEEDS HOUSEHOLDS Policy 3-11: Special Needs Households. Support organizations that provide services to special need households in the City, such as homeless, elderly, disabled and single parent. Implementation Program 31: Cupertino Community Services (Homeless Services) Cupertino Community Services (CCS) manages transitional housing and administers the "Continuum of Care" services for homeless, including the rotating shelter program. In order to facilitate any future emergency shelter needs, the City will revise the Zoning Ordinance to allow permanent emergency shelter facilities in "BQ" quasi -public zones and will promote and encourage the location of permanent shelters in BQ zones. Funding Sources: County of Santa Clara Urban County funds and Federal funds. Time Frame: 2002-2003 Revise Zoning Ordinance to allow permanent emergency shelters in BQ zones. 2001-2006 Continue to support services of CCS to assist homeless households. Responsible Party: Cupertino Community Services. Quantified Objective: Transitional Housing for 12-24 households annually Implementation Program 32: Project MATCH (Senior Shared Housing) Project MATCH places seniors in housing arrangement with other persons interested in shared housing. Project MATCH is funded with County of Santa Clara Urban County funds. Funding Source: County of Santa Clara Urban County funds Time Frame: 2001 -2006 - Responsible Party: Project MATCH Quantified Objective: 5-10 Cupertino Households Placed Annually Implementation Program 33: Catholic Social Services (Single Parents) Catholic Social Services provides; help. to place single parents in shared housing situations. The program in funded with Santa Clara County Urban County funds. Funding Source: County of Santa Clara Urban County Funds Time Framer 2001-2006 Responsible Party: Catholic Social Services GOAL E EQUAL ACCESS TO HOUSING OPPORTUNITIES Policy 3-12: Housing Discrimination. Support programs and organizations that seek to eliminate housing discrimination. Implementation Program 34: Santa Clara County Fair Housing Consortium 45 The Santa Clara County Fair Housing Consortium includes the Asian Law Alliance, Mid - Peninsula Citizens for Fair Housing, Project Sentinel and the Mental Health Advocates Program. These organizations provide resources for Cupertino residents with tenant/landlord rental mediation, housing discrimination and fair housing concerns. Administrative funding for these organizations is partially contributed by County of Santa Clara Urban County Funds. Funding Source: County of Santa Clara Urban County Funds Time Frame: 2001-2006 Responsible Party: Santa Clara County Fair Housing Consortium Figure 3-F on the next page illustrates the location and number of units estimated by Planning Area to accommodate the goals of Programs 1 and 2 on pages eight and nine of this document. 46 4 .POLICY (Summary) Administrative Draft Task Free Draft General Plan Policy 3-10 Sufficient ResidentiAlly Zoned Land. fog New Construction Need. Designate sufficient residentially -zoned land at Modify. Accommodate Modify Administrative appropriate densities to provide adequate sites that 4,615 units for the 20 -year Draft. Accommodate will neat and exceed ABAG's estim.ate� of General Plan timeline. original 2,325 units: Cupertino's newconstruction need of 2,325 units for (approximately). Eliminate 200 2006 : - `�'he following objectives meet that need. affordable categories. Poh cy 3 Za ' IIousng. itatiori Piano` Assign priority to households who live or work in Keep. Same as Administrative Cupertino for BMR units produced through the plan Draft. or affordable housing units built with mitigation fees.. 1 POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 3-3: Range of Housing Types. Encourage the development of diverse housing stock Keep. Same as Administrative that provides a range of housing types (including Draft. smaller, moderate cost housing) and affordable levels. Emphasize the provision of housing for lower and moderate income households and, also, households with wage earners who provide service (e.g. school district employees, municipal and public safety employees, etc.) Policy 3-4: Housing Rehabilitation. Pursue and/or provide funding for the construction Keep. Same as Administrative or rehabilitation of housing that is affordable to very Draft. low, low and moderate income households. Actively support and assist non-profit and for profit developers in producing affordable units. POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 3-5e, Development of Affordable Housing. Maintain and/ or adopt appropriate land use Keep. Same as Administrative regulations and other development tools to Draft. encourage the development of affordable housing. Make every reasonable effort to disperse units throughout the community but not at the expense of undermining the fundamental goal of providing affordable units: P07.1cy 3�6e Tax 'Incre 6 tiFiinds. Use ,a minimum of 25% of tax increment funds Keep. Same as Administrative generated from the Redevelopment Project Area for Draft. housing activities that create affordable housing for lower and moderate income households. Set aside 5% of the 25% for extremely low income housing. Policy 3-7: Housing Densities. Provide a full range of ownership and rental housing Keep. Modify Administrative unit densities; including a artments`and other high- Draft. Delete references to density housing. converting commercial land to residential land and: to exceeding densities. POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 3-8: Maintenance and Repair. Assist very low and low income homeowners and Keep. Same as Administrative rental property owners in maintaining and repairing Draft. their housing units. Policy 3-9: Conservation of Housing Stock. Conserve the existing stock of owner and rental Keep. Same as Administrative housing units, which provide affordable housing Draft. Modify opportunities for lower and moderate -income Implementation Program 26 households regarding redevelopment of rental housing. Policy 3-10: Energy Conservation. Encourage energy conservation in all existing and Keep. Same as Administrative new residential development. Draft. Policy 3-11: Special Needs Households. Support organizations that provide services to Keep. Same as Administrative special need households in the City: such as Draft. homeless, elderly, disabled and single parent. .POLICY (Summary_: Administrative Draft General Plate Task Force Draft Policy 3-120 Housing Discrimination. Support programs. and organizations that seek to Keep. Same as Administrative elinmhate housing discrimination. Draft. s 5 POLICY (Summary) Administrative Draft General Plan Task Force Draft Policy 4-2: Traffic Capacity and Land Use Limitations Maintain a reasonable minimum LOS D for major Keep. Modify. (Policy 4-5) Modify Administrative intersections during the a.m. and p.m. peak traffic Draft. Delete reference to hours (highest single hours) by imposing reasonable lane reduction. Add limits on land use to ensure that principal reference to synchronization thoroughfares are not unduly impacted by locally of traffic signals. generated traffic during the peak traffic hour. In order to accommodate development which furthers a unique community -gathering place on Stevens Creek Boulevard, the intersection of Stevens Creek and De Anza boulevards and De Anza Boulevard and Bollinger Road may maintain a LOS E+ (No more than 45 seconds weighted delay). For land use and transportation planning purposes, the traffic peak hour should not be allowed to expand into the peak period. Staggering of work hours beyond current levels is not acceptable as a transportation demand management (TDM) technique. The TDM technique must benefit both the peak hour traffic and the average daily traffic volume. POLICY (Summary) Administrative Draft Task Free Draft General .Playa Policy 4m3o Coordination of Street Improvements Develop the street construction plan ensuring critical Delete. Same as Administrative street improvements are finished before or at the Drafts same time as'm.ajor developments. - The plans ould be based on the principle of equity, ensuring that land developers help pay for street improvements. Policy 4-4o Driveway Interconnection Discourage direct access from,adjoining properties to Keep. Slightly modify, Modify Administrative rnaj®r arterial streets.:IZequ�re, access by (Policy 4-8) draft. Ensure that lnterconnectirig(prg�rate driveway networks linking driveway accommodates side streets or .other major, entrance points unless this the traffic volume for all is unsafe or, imp: ractical because of the established affected properties. development pattern. Policy 4@5a Protection From Effects of 'Transportation Systema Work to protect the community from noise.; fumes Keep. Slightly modify. Same as Administrative and hazards caused by the City's transportation (Policy 4-15) Draft. system. 3 POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 4-6: Neighborhood Traffic Management Develop traffic management plans for Keep. Slightly modify. Same as Administrative neighborhoods affected by unacceptable levels of (Policy 4-11) Draft. through traffic. Design these plans based on the concept that commute or through traffic should be redirected from local residential streets and minor collectors to the freeway, expressway and arterial and major collector streets. Policy 4-7: Abusive Driving Continue to study and carry out techniques that Delete. Is addressed Same as Administrative discourage abusive driving on local neighborhood through traffic calming Draft. streets, including intensified enforcement of speed policies. laws, enforcement of State muffler laws and review of traffic management strategies. Policy 4-8: Reliance on Usage of Private Cars Promote a general decrease in reliance on private Keep. (Policy 4-2) Same as Administrative cars by accommodating and encouraging attractive Draft. alternatives. POLICY (Summary) Administrative Draft General .Plan Task Force Draft Policy 4-90 Regional Trail Development Continue to plan and provide for a comprehensive Modify. See Land Use Same as Administrative system of trails and pathways consistent with Element. (Policy 2-68) Draft. regional systems, including the Bay Trail, Stevens Creek Corridor and. Ridge Trail. The general alig-faneht of the Bay Trail, as shown in the Association of Bay Area Governments Bay Trail planning document., is incorporated in the General Plan by reference. 5 1 Environmental es rces POLICY (Summary) Admin strative Draft Task Force Draft; General Play Policy 5-1a Williamson Act Properties Designate properties under the Williamson Act Delete. Same as Administrative contracts in the General Plan for their anticipated Draft. developed use to plan for future public service and utility demands and to ensure that development:will be consistent with community character. Policy--�ecu Agr-flltural IZec®iti®n Reeogr ze-and supe®rt,agr*cultural land uses, which Delete. Sarre as .Administrative ®iTiae®®d. arLd1 e�, enhance air quality and Draft. visually and,functionally define rural/ ®pen areas from urban land !uses during public land use and urban development review processes. Policy 5-3o Farm M` g and Grazing Maintain farming and grazing on the hillsides to Delete. - Same as Administrative preserve open space and monitor to prevent erosion. Draft. 1 POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 5-4: Air Pollution Effects Continue to assess air pollution effects of future land Keep. Slightly modify. Same as Administrative use and circulation planning. Review projects for (Policies 5-4 and 5-5) Draft. toxic air contaminants at time of approval. Policy 5-5: Dust Control Continue to require the use of water or oil to control Keep. Slightly modify. Same as Administrative dust during construction activities. (Policy 5-4) Draft. Policy 5-6: Clean Air Education Initiate a citywide public education program Modify. Same as Administrative regarding the implications of the Clean Air Act and Ban new wood burning Draft. provide information on ways to control emissions. fireplaces. (Policy 5-7) Policy 5-7: Regional Cooperation Actively pursue cooperation among regional Keep. (Is a strategy.) (Policy Same as Administrative agencies to improve air quality. 5-4) Draft. Policy 5-8: Land Use Decisions Ensure that local land use decisions support the goal Keep. (Is a strategy.) (Policy Same as Administrative of clean air. 5-4) Draft. POLICY (Summary) Administrative Draft Task Force Drab General Plate Policy: 5m90 ' Home ; ccupations J Continue Wallow home occupations in all Keep. (Is a strategy.) (Policy Same as Administrative residentially zoned properties. 5-5) Draft. P®Ucy 5-1®0 ' Street Trees Increase street trees on public property and. tree Keep. (Is a strategy.) (Policy Same as Administrative planting on private propertyo 5-5) Draft. Policy,5-11. 50110; Fuel-Efficient Vehicles, -: Look ono buying more fuel efficient vehicles for City keep: (ls a strategy.) (Policy Sane as Administrative usee 5®5) Draft. Policy .m1�o jogging anal "icycling Warnings Use the Cupertino Seen and other publications to Delete. Same as Administrative tell residents about the danger of inhaling pollutants Draft. .while jogging and bicycling near busy streets. Expand the pax course and jogging trail8lo meet demand. Pollcy. 543: Public Project Landscaping Encourage public and quasi -public agencies to Keep. (Policy 5-8) Modify Administrative landscape . their city area projects' near, native Draft. Add drought vegetation with appropriate native plants`: tolerant, non-invasive, non- native plants. 3 POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 5-14: Development Near Sensitive Areas Encourage the clustering of new development away Keep. (Policy 5-9) Modify Administrative from sensitive areas such as riparian corridors, Draft. Require approval of wildlife habitat and corridors, public open space harmonious landscaping preserves and ridgelines. plans for new development. Consider specific protection tools for riparian corridor protection, such as a riparian corridor ordinance or development and preservation guidelines. Policy 5-15: Landscaping Near Natural Vegetation Emphasize drought tolerant native plants and Keep. (Policy 5-10) Modify Administrative ground covers when landscaping properties near Draft. (Same as 5-9) natural vegetation, particularly for control of erosion from disturbance to natural terrain. Policy 5-16: Natural Area Protection Minimize lawn area and maximize the number of Keep. (Is a strategy.) (Policy Modify Administrative native trees. 5-11) Draft. (Same as 5-9) Amend the RHS ordinance to emphasize drought tolerant native plants and native trees and to minimize lawn area. POLICY (Summary) Administrative Draft 'ask Free Draft General Playa Policy 5-170 Hillside Property Fencing Confine fencing on hillside property to the area Keep. (Policy 5-12) Same as Administrative around a building, rather than around an entire site, Draft. to allow .for migration of wild animals. Policy 5-18: Recreation in Natural Areas Limit recreation., in natural areas to activities beep. (Policy 5-13) Modify Administrative compatible, Frith. preserving natural vegetation, such Draft. Add mountain as hiking, horseback riding and camping. biking. Policy 5-19:'Public ccOss Pr, public access to wildlife observation.and Delete. Same as Administrative fishing sites' consistent with preserving important -Drafts wildlife habitat'. Policy 5-20m Recreationand Wildlife'Trails, Provide open, space linkages within, and" between Keep. (Policy 5-14) Same as Administrative properties for both recreational and wildlife Draft. activities, most specifically for the benefit., of wildlife .which is threatened, endangered or designated as species of special concern. 5 POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 5-21: Mineral Resource Areas New mineral extraction areas may be considered Keep. (Policy 5-15) Same as Administrative within Cupertino's sphere of influence, but the Draft. cumulative impact of existing and proposed activity should not exceed present operations in terms of noise and traffic. Work with Santa Clara County to assure that mining operations outside the City limits are consistent with the City's General Plan, that restoration plans are adequate, and that mining activity is not extended into undisturbed lands without adequate documentation of economic purpose and environmental impacts and mitigations. Policy 5-22: Mineral Extraction Controls Control scenic restoration and noise pollution as well Keep. (Policy 5-16) Same as Administrative as air and water pollution in mineral extraction Draft. quarrying, processing and transportation. POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 5-23a Incompatible Land Use Conserve mineral resource areas outside the City by Keep. (Policy 5-17) Sauce as Administrative not allowing incompatible land uses in and around Draft. identified mineral resource areas. Uses considered incompatible are high density residential, low density residential with high unit value, public facilities and industrial and commercial uses with intensive impacts'. Policy 5m24o Recreation at Old; Quarries Look int® the desirability of designating abandoned Keep. (Policy 5-18) Sarre as Administrative quarrleS fon assive,recreat1on to rehabilitate the Draft. land. Policy 5®25o Ground Water Recharge Sites Continue tosupport the Santa Clara Valley Water Keep. (Policy 5-24) Sarre as Administrative District to find and: develop groundwater recharge Draft. sites within Cupert no's plan .in'area and provide for public recreation at the site where possible. Policy 5- 26. Other Water Sources Encourage the .research of other water'`sources keep. (Policy 5-25) Sarre as Administrative including water reclainatio" n. Draft. POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 5-27: Industrial Water Recycling Encourage industrial projects, especially at the Keep. (Policy 5-26) Same as Administrative building permit approval stage, to have long-term Draft. conservation measures including recycling equipment for manufacturing and pooling water supplies in the plant. Work with the Cupertino Sanitary District to carry out this policy. Policy 5-28: Natural Creek Beds Retain creek beds, riparian corridors, water courses Keep. Slightly modify. Same as Administrative and associated vegetation in their natural state to (Policy 5-27) Draft. protect wildlife habitat and recreation potential and assist groundwater percolation. Policy 5- 29: Interagency Coordination Actively pursue interagency coordination for Keep. (Policy 5-28) Same as Administrative regional water supply problem solving. Draft. Policy 5- 30: Reglin Water Annexation Recognize that additional capacity requirements Delete. Same as Administrative placed on Reglin Mutual Water Company would Draft. require that one of the adjoining utility companies annex and service users in the next decade (through year 2001). 9 POLICY (Summary) Administrative Drat Task Force Draft General Plan Policy 5- 31: Local. Conservation Policies Similar to Reg- ionwide.,Policies Continue to keep citywide efforts of water Keep. (Policy 5-29) Sarre as Administrative. conservation similar to those being conducted on a Draft. regional scale. luny of these conservation efforts are outlined: in the Santa Clara Valley Water District Drought Plan and Countywide Water. Use Reduction program. - ®licy 5m 3�o Public Tnfor. ati®n Effort Continue providing 1 e public inf®rrr�ation Modify.-:- (Policy 5-30) Modify Administrative regarding the status ` of the drought and water Draft. Add reference to conservation techniques. Consider sending regular impervious surfaces notices to households and businesses on water impacts. prohibitions; waterallocations and conservation tips. Continue t® air conservation videotapes on the City's government channel. Continue to provide water conservation kits to the community upon request. 9 POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 5-33: Prohibit Excessive Water Use Prohibit excessive water uses throughout the City, Modify. (Policy 5-31) Same as Administrative such as irrigation of existing landscaping during the Draft. daylight, and require large water users to perform water audits. These and other policies shall be enforced until such time as an official declaration has been made by Santa Clara Valley Water District that the drought conditions no longer exist. Policy 5- 34: Water Conservation Program Undertake programs for long-term water Keep. (Is a strategy.) (Policy Same as Administrative conservation at City buildings including installation 5-31) Draft. of low flow toilets and installation of automatic shut off valves in sinks of park buildings. Policy 5-35: Nonpoint Source Pollution Continue to support and participate in the Santa Keep. Slightly modify. Same as Administrative Clara Valley Nonpoint Source Pollution Control (Policy 5-32) Draft. Program in order to cooperatively reduce nonpoint source pollution with other cities that discharge storm waters into San Francisco Bay. 10 11 POLICY (Summary) Administrative Draft Task .Force Draft General Plan Policy 5-36: Storm Water Runoff Encourage the reduction of impervious surface areas Keep. (Policy 5-34) Same as Administrative and investigate opportunities to retain or detain Draft. storm runoff on new development. Policy 5-37: Development on Septic Systems Do not permit urban development to occur in areas Keep. (Policy 5-35) Same as Administrative not served by a sanitary serer system, except the Draft. previously approved Regnart Canyon Developments ®lacy 3�o�Pu �yc,��1f®rfl�i1��io1� b Continue t® act as a liaison between PG&E and. the Delete. Same as Administrative community in providing` energy efficiency Draft. information. Policy 5-39e Stevens Creek hark The Santa Clara. County Parks program should. Keep. (Park. and: Opera Sarre as Administrative pursue the goal of connecting upper and lowed Space policies are located in Draft. Stevens Creek Parks. The County parks budget Land Use Element.) (Policy should pursue acquisition to. the extent possible; and 2®62) emphasize passive park developrrient in keeping With the pristine nature of the hillsides. 11 POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 5-40: Stevens Creek Reservoir Work to keep the watershed and storage basin Delete. Same as Administrative properties of Stevens Creek Reservoir in public Draft. ownership if the Santa Clara Valley Water District decides to abandon it. Policy 5-41: Continuous Open Space Actively pursue inter -agency cooperation in buying Modify. (Policy 2-63) Same as Administrative properties near the western planning area boundary Draft. to complete a continuous open space green belt along the lower foothills, with a special focus on purchase of the Diocese property. Policy 5-42: Open Space and Trail Linkages Work to provide the open space lands and trail Keep. Slightly modify. Same as Administrative linkages described in Figures 5-D, E, F. (Policy 2-68) Draft. Policy 5-43: Private Open Space and Recreational Facilities Encourage the continued existence and profitability Keep. (Policy 2-66) Same as Administrative of private open space and recreation facilities Draft. through incentive and development controls. 12 POLICY (Summary) Administrative Drab Task Force Draft General Playa Policy 5-440 Public Use ®f Private Open Space Seek cooperation from private land owners for Deep. (Policy 2-67) Same as Administrative public use of private ®pen space. Draft. Policy 5®45o Park Acreage Provide park land equal t® a minimum ®f three acres Keep. (Policy 2-69) Same as Administrative for each 1,000 residents. Drafts Policy 5-46m Park Walking Distance Ensure.that each household is within a half mile Keep. (IP®licy 2-70) Same as Administrative walk ®f the park and that the route is reasonably free Draft, of physicalbarriers., including streets with heavy . traffic. 13 POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 5-47: Park Minimum Acreage Plan parks to be at least 3.5 acres for flexibility of Keep. (Policy 2-72) Modify Administrative use. The acquisition and development of parks less Draft. Add consideration of than 3.5 acres may be considered according to the pocket parks. following priorities: High Priority - Designated neighborhoods which have no park or recreation areas. Moderate Priority - Designated neighborhoods which have school grounds and no park land. Low Priority - Designated neighborhoods which have park or recreation areas less than three acres per 1,000 residents. Policy 5-48: Park Design Design -parks informally to make use flexible and Keep. Slightly modify. Same as Administrative long-term maintenance costs low. (Policy 2-73) Draft. Policy 5-49: Park Street Access Ensure that parks are bounded by public streets. Keep. Slightly modify. Same as Administrative When possible, re-evaluate parks that meet (Policy 2-74) Draft. minimum size requirements to see if it is feasible to install a perimeter road. 14 POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 5-50a Neighborhood N New residential development in Neighborhood. N Delete'. Same as Administrative should provide a public neighborhood park based Draft. upon the C1ty's park dedication ordinance. Subsequently, the 'boundaries of neighborhoods 1V and E1 should. be redrawn to reflect the additional park site: Policy 5-510 Neighb.orh®ods J4: j -21 M! ke the final deter° :anon regard -ft a Delete. The need for park Same as ,P dm' inistrative ,r neihbokhbdpark site after the completion of acreage in this area i:s Draft. Cupertino .Union School District's Sedgwick School shown in Table 2-C. master :plan. . Pol:i.cy 5,52® Park and. Open Space Acquisition Program The City's park acquisition is defined by Table 5-B. Keep. (Policy 2-76) See Sarre as Administrative The Acquisition Program is. based upon three broad Table 2-C, Draft. acquisition objectives. 1. Complete the Parks Acquisition Program.. 2. Maintain an adequate inventory of sports fields. 3. Retain creek site and other natural open space areas identified in the Open Space section of the General Plan. 15 POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 5-53: New Residential Development in Non-residential Areas New residential development in non-residential Keep. (Policy 2-79) Same as Administrative areas shall provide park and recreational space and Draft. facilities. The need for dedication of public park land and the provision of private recreational space and facilities shall be determined when a master plan is submitted for the development, based on the following criteria: Policy 5-54: Recreational Facilities The City of Cupertino recognizes the public benefit derived from a recreational gymnasium and Modify. (Policy 2-81) Same as Administrative swimming pool and should such a facility be Draft. developed, the City shall pursue all possible partnerships, including school districts, non-profit organizations and the corporate community, as a means of funding and operating the facilities. G:\Planning\GenPlan\Env. Resources.Noise\Environmental Matrix 2.doc 16 Health and Safety Element POLICY (Summary) Administrative Draft Task Force Draft General Playa' Policy 6m1® Seismic/Geologic Review Process Adopt and use a formal seismic/ geologic review Keep. Slightly modify. Modify Administrative process to evaluate new development proposals all (Policy 601) Draft. over the,Citye Policy6 2® :Pubi.ic,E'ducation on Seismic Safety Continue the -public education program to help Keep. (Policy 67 Sa.nae as Administrative r _ _ resp dents reduce earthquake =hazards. Drafto Policy `6 3e County dire 'azarrd. Reduction Encourage the county to put into effect the fire keep. (Policy 6®4) Same as Administrative reduction policies in the County Public Safety Draft. Element. Policy Coo Fuel Management to Reduce Fire Hazard Encourage the Midpeninsula ®pen Space District Keep, (Policy 6®5 Same as Administrative and. the County Parks Department to continue; efforts Draft. infuel management to reduce fire hazard. 1 POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 6-5: Green Fire Breaks Encourage the Midpeninsula Open Space District to Keep. Slightly modify. Same as Administrative consider "green" fire break uses for open space (Policy 6-6) Draft. lands. This could include commercial timber harvesting. Policy 6-6: Residential Fire Sprinklers Continue to require fire sprinklers in new residential Keep. construction located in hillside areas and on flag lots. Policy 6-7: Hillside Access Routes Require new hillside development to have Keep. (Policy 6-15) Same as Administrative frequent grade breaks in access routes to ensure Draft. a timely response of fire personnel. Policy 6-8: Hillside Road Upgrades Require new hillside development to upgrade Keep. (Policy 6-16) Same as Administrative existing access roads to meet Fire Code and City Draft. standards. POLICY (Summary) Administrative Dray Task :Force Draft General Plan PSI-icv 6-9 Early rol ct lZevle 3 Involve the Central Fire Protection District in the keep. (Policy 6-7) Same as Administrative early design stage of all projects requiring public Draft. review to assure fire department input- and platy modifications as weeded. Policy'6-10o Growth 'Cooperatiow Encourage cooperation bet�nreen nater utility weep. (Policy 6� 9) Same as Administrative c-010 sand -the en, al Fire -District iw order t® ;;Draft. keep �orater systems iw pace Withgrowth and figl ting service needs. P®icy 6 11® Eire Fighting upad� Need Ewe®usage utilities to consider �ent�al Fire District's keep. (ol�cy 6-20) Sane as Administrative firefighting weeds when upgrading water systems. Draft. Policy 6-12: Roadway Design Attempt to involve the Central litre District in the Keep. (Policy. 6-13) Same as Administrative design, of public roadways for review and: comment. Draft. Attempt to ensure that roadways have frequent median,breaks for timely access to properties. 3 POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 6-13: Fire Prevention Continue to promote fire prevention through Keep. (Policy 6-9) Same as Administrative city -initiated, public education programs either Draft. through the government television channel and/or the Cupertino Scene. Policy 6-14: Multi -Story Building Fire Risks Recognize that multi -story buildings of any land use Keep. (Policy 6-10) Same as Administrative type increases risks of fire. Ensure that adequate fire Draft. protection is built into the design and require on-site fire suppression materials and equipment to ensure safety of the community. Policy 6-15: Residential Fire Sprinkler Ordinance Consider adopting a residential fire sprinkler Keep. (Policy 6-11) Same as Administrative ordinance. This will reduce both fire flows and the Draft. need for firefighting personnel and equipment. Policy 6-16: Commercial and Industrial Fire Protection Guidelines Coordinate with the Fire District to develop new Keep. (Policy 6-8) Same as Administrative guidelines for fire protection for commercial and Draft. industrial land uses. POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy6m17a Private Residential Entry Gates Discourage the use of private residential entry gates Keep. (Policy 6-17) Same as Administrative which act as a barrier to emergency service Drafty personnel. Policy 6®18a Dead -End Street Access;. Allow public use of private roadways during ars. Keep. (Policy 6-14) Same as Administrative emergency for bi11sid.e subdivisions that have. dead® Draft. end public streets longer than.1,000 feet or° find a secondary means of access. PO c, 649:,< S oke Detectors. Continue., to require smoke detectors in new Keep. (Policy 6®12) Modify Administrative res dential construction and continue to support fire Draft. require smoke protection agencies' -education of homeowners on detectors in all new installation of smoke detectors. Use the Cupertino residential units at time of Scene to publicize fire hazards and correction sale or rental. methods. W1 POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 6-20: No New Construction in Flood Plains Adopt stringent land use and building code Keep. Modify strategies. Same as Administrative requirements to prevent new construction in already (Policy 6-44) Draft. urbanized flood hazard areas recognized by the Federal Flood Insurance Administrator. For example, the finished floors of new construction must be higher than the water level projected for the 100 -year flood. A description of flood zone regulations and a map of potential flood hazard areas will be published in the Cupertino Scene. Policy 6-21: Prohibit Dwellings in Natural Flood Plain Continue the policy of prohibiting all forms of Delete. Same as Administrative habitable development in natural flood plains. This Draft. includes prohibiting fill materials and obstructions that may increase flood potential downstream or modify natural streamsides. .POLICY (Summary) Administrative Draft Task Force Draft General Plan Polley 6-220 Restrict Hillside Gradin Continue to restrict the extent and timing of hillside Keep. (Policy 6-46) Same as Administrative grading operations to April through October. Draft. Require performance bonds during the remaining time to guarantee the, repair of any erosion damage. All graded slopes must be planted as soon as practical after grading is complete. Polly 6-230 Evaluate City W, ater-Storage Facilities 7 POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 6-25: Freeway Design and Neighborhood Noise Ensure that roads along the West Valley Keep. Slightly modify. Same as Administrative Transportation Corridor are designed and improved (Policy 6-49) Draft. in a way that minimizes neighborhood noise. Policy 6-26: Support Stricter State Noise Laws Continue to support enactment of stricter state laws Keep. (Policy 6-50) Same as Administrative on noise emissions from new motor vehicles and. Draft. enforce existing street laws on noise emissions. Policy 6-27: Neighborhood Need Priority Continue to review the needs of residents for Keep. (Policy 6-51) Same as Administrative convenience and safety and make them a priority Draft. over the convenient movement of commute or through traffic where practical. Policy 6-28: Solutions to Street Abuse Continue to evaluate solutions to discourage Keep. (Policy 6-52) Same as Administrative through traffic in neighborhoods through modified Draft. street design. Examples include meandering streets, diverters, landscape islands, street closures and wide parking strips. POLICY (Summary) Administrative Draft Task Free Draft General Playa Policy 6-29: Noise Improvement by Restricting Trucks Continue to work toward improving the noise Keep. Slightly modify. Sarre as Administrative environment along Foothill Boulevard and Stevens (Policy 6-53) Draft. Creek Boulevard by restricting quarry truck -traffic especially during Iate evening and early morning hours. It is preferable that the restrictions be voluntary. Encourage alternative to truck transport, specifically rail, when feasible. Pr icy 6�3� ed �ti®n of Noise from 1K .ser Permanente 'Trucks Work to carry out noise mitigation measures listed in Modify. (Policy 6®54) Same as Administrative the Pdward L. Pack and Associates report (County of Draft. Santa Clara) to d=' *msnoise from Kaiser Permanente truck traffic for homes near Foothill and Stevens Creek boulevards. Pol.acy 6-31a Commercial Delivery eas Be sure new commercial or industrial developments Keep. (Policy 6®56) Sarre as Administrative plan their delivery areas so they are away from Draft. existing or planned homes. POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 6-32: Limit Delivery Hours Continue active enforcement of Section 10.45 of the Keep. (Policy 6-57) Same as Administrative Municipal Code limiting commercial and industrial Draft. delivery hours adjoining residential uses. Policy 6-33: Noise Control Techniques Continue to require analysis and implementation of Keep. (Policy 6-58) Same as Administrative techniques to control the effects of noise from Draft. industrial equipment and processes for projects near homes. Policy 6-34: Restrict Hours of Construction Work Continue to restrict non -emergency building Keep. (Policy 6-59) Same as Administrative construction work near homes during evening, early Draft. morning, and weekends. Policy 6-35: Comprehensive Noise Ordinance Development Develop a comprehensive noise ordinance that gives Delete. Same as Administrative time restrictions on commercial and industrial Draft. deliveries, and establishes procedures for regulating noisy animals. 10 POLICY (Summary) .Administrative Draft Task Force Draft General :Plan Policy6m36a Noise Wall Requirements Exercise discretion in requiring noise galls to be sure keep. (Policy 6-61) Same as Administrative that all other measures of noise. control have been Draft. explored and that the noise wall blends with the neighborhood. Policy 6-37: Neighborhood Awareness. Programs Continue to supp® tl�e Tei hborh®od l wareness weep. (Policy 6-22) Same as Administrative Program and ®hers intended . help nei hb rh®ods �x°afto p revert crime thr® h s®coal ant cacti®n. POEM 6 3 o Public, Fr a er loads for Parks 11 POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 6-40: Fiscal Impacts Recognize fiscal impacts to the County Sheriff and Keep. (Policy 6-25) Same as Administrative City of Cupertino when approving various land use Draft. mixes. Policy 6-41: Pre -hearing Review Continue to request County Sheriff review and Keep. (Policy 6-26) Same as Administrative comment on development applications for security Draft. measures. Policy 6- 42: Emergency Service Training Program Continue to train employees annually in disaster Keep. (Policy 6-34) Same as Administrative preparedness, first-aid and CPR. Draft. Policy 6-43: Ham Radio Operators Continue to support the training and cooperation Keep. Slightly modify. Same as Administrative between the city and ham operators to prepare for (Policy 6-36) Draft. emergency communications needs. Policy 6- 44: Community Preparedness Continue to provide training to the community on Modify. (Policy 6-33) Same as Administrative self -preparedness for emergencies. Draft. 12 POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 6-45o Informed. Citizenry Use the Cupertino Scene and other communication Modify. (Policy 6®33) Same as Administrative methods to inform residents that they have, a Draft. responsibility to be prepared for emergency disasters and give information on how to achieve this self- reliance. Policy 6- 46: Business Storage Containers for Emergency Supplies Prepare an ordinance, for businesses that defines Delete. Same as Admimstrative policies for establishing an emergency supply Draft. container on a business Property. Policy` 6-4` o Emergency perati.on Center Continue to wally train all" ll city employees on the Keep. (Policy 6-34) Same as Administrative operations of the EOC. Drafty Policy 6-8m Hazardous Materials Storage Continue to require. the proper storage and disposal beep. (Policy 6-27) Sarre as Administrative of hazardous materials to prevent leakage, potential Draft. explosions, fire or the release of harmful fumes. POLICY (Summary) Administrative Draft General Plan Task Force Draft Policy 6-49: Proximity of Residents to Hazardous Materials When new residential development or childcare Keep. (Policy 6-28) Same as Administrative facilities are proposed in existing industrial and Draft. manufacturing areas, an assessment of the future residents' risk of exposure to hazardous materials should be completed. Residential development should not be allowed if such hazardous conditions cannot be mitigated to an acceptable level of risk. 14 POLICY (Summary) Administrative Drab Task Force.Draft General Plan Policy 6-5-0m Endorse County Hazardous Waste. :agement Plan The City shall continue its endorsement of the Delete. Sarre as Administrative County Hazardous Waste Management Plan, Draft. subject to the following -principles: - Locally adopted criteria for siting of hazardous waste management treatment, disposal or'I transportation facilities shall take. precedence 'over, such criteria in" the County' .plan : when .pity -adopted criteria are more strixmgent. - The City will avoid :duplication of effort to implement hazardous 'waste management programs. Priority will be given to cooperative funding support of implementation progans through the County hazardous Waste Management Plan. Policy 6-51; .Alternative Products and. Recycling Encourage residential, commercial and industrial Modify. (Policy 6-30) Same as Admmnistrative Contributors to the hazardous Waste stream to use Draft. non -hazardous alternative products and processes and recycle materials in order to retard growth of the waste stream and thus reduce demand for treatment CaCity. 15 POLICY (Summary) Administrative Draft Task Force Draft General Plan Policy 6-52: Household Hazardous Wastes Continue to work with the County, other cities and Keep. Slightly modify. Same as Administrative interested groups to develop a program for the (Policy 6-31) Draft. proper management and disposal of household hazardous wastes that is effective and convenient for residents. Policy 6- 53: CommerciaVIndustrial Recycling Continue to expand commercial and industrial Keep. Move to Same as Administrative recycling programs to meet AB939 waste stream Environmental Resources Draft. reduction goals. Element. (Policy 5-38) Policy 6- 54: Residential Recycling Continue to streamline the residential curbside Keep. (Policy 5-39) Same as Administrative recycling program in the next decade. All city-wide Draft. Modify strategies. residential zoning districts should be included in the curbside recycling program. Policy 6- 55: On-site Garbage Area Dedication Modify existing on-site waste facility requirements Keep. (Policy 5-40) Same as Administrative to all multi -family residential, commercial and Draft. industrial land uses to have 50% of their garbage area dedicated to recycling and 50% dedicated to solid waste. I[" PC)I,ICY (Summary) .Administrative Draf Task .Force Draft General..Plaa Policy 6- 56- Public Education Continue public education regarding the reduction keep. (Policy 5®41) Same as Administrative of solid waste disposal and. recycling. Draft. Policy 6® 57: City Staff Recycling Continue to encourage City staff to recycle at all City Keep. (Policy 5-42) Same as Administrative facilities. Draft. Modify strategies. Policy 6m 58: Impacts-Sunpyvale Treatment Cohsider the impacts on the Sunnyvale sanitary Keep. (Policy 5®46) Sarre as Administrative sewer system, i si .. icat industrial uses are Draft. proposed lh flee S®i�th Stevens Creek Boulevard area. Policy 6m590 Vallco Parkway Recognize that new high discharge users in the Keep. (Policy 5®47) Same as Administrative Valle area and the Stevens Creek Boulevard and Drafts Blaney Avenue area will I require private developer paid upgrading of tributary lines.. . G-\ Planning j GenPlan \ Health & Safety Matrix 3.doc 17 sound: i av"OF, C-UPERONO POPULATION (§Phe - 6t Int ubhce) ®R �,�11 MR1 amm N � \� The County growth rate wlincrease at a slower rate than in the 1970's and 80's, ftom an annual rate ®f about 1.5% to 1% towards the year 20W. The slower rate is- dle to ote modetate rates of job growth and lower housing construction fates. thitil the early 1970's, innigratiozl was the pfedetthiant soave of p®piltatli®n growth- i 1960 net inmigiation was 46,000, bnt by 1987 there was a net o t-niigiation of AOOO. ! PLIC, ATIONS: thou gh n6t as fast 99 In the past, the ieg ®h can still expect popllation gk®wt In theifn.tuke. ecatse fiodsing growth will n®t keep pace, the fobs -housing balance will get worse. ■ SANTA CLA�2A COUNTY �Y RAGE/ETHtViG 4�ROflJh mom IMM IN INS "N NMI fit\\\\\\\\li3\`_.?•IIB\ + t4 � FiNM•' • �� fir: r1C✓�1 \ ��,� { It dY—� t .}, ) Vfd � S�j t�f l'(1 + 152 �, tX _ � ON ma \ \y`\\\ \�\ \,�`�OINN MIEN% \\ 1 MR i 9 Agere®n Santa Clara County 65+ 20-64 0 a� MEMO- 10-19 0-6 D 20- a MEMO- 10- C - - - - - - - -- - D 20- a 10- C 10% FINDINGS: The County's age structure will change significantly in the next decade and beyond. T'he child and young adult population will decline as a share of the total population, and the middle and adult population will increase their share. IMPLICATIONS: There will be a greater need for health care and other services for an aging population. As the population ages and the household size decreases, the demand for single- family homes may decrease. The labor force and schools will be affected by this trend. It should be noted that there is a disagreement as to future labor force growth. A13AG expects the growth in the labor force to slow substantially, while the County's Strategic elision program expects growth in the non-white child-bearing groups to provide a larger labor force. Household size and other factors could charge as well. mepan Age Cupertino and Santa Clara County :4 ....................................................................................... .............. : ;, ............................................................................................................................ .......................... .�a ....'�� .................................... ..................................... :. ........... �...................... ...... .......,./ ..........------......- ----...................................--...... ................. �o .............. l°-................................................................................................................................ ... 1� ..............:...................................... ................ ......... ............ 2aws 20- 2= (Sourco:1,G) — - CupoHno Santa Clam County The fnediahigelis rising iii bloth the City ahs. the CoWityo Ile ihe,diah age fly. Cdoerlino is i hek t of in the c6tintyo As the populaiti®n. Ages, neer services Iwill be i ie d. Y � YF Sahtd data Co. 0,q80-2005) -460- 4M 4M ...... .......... MantActurind ...... ....... ............... flotan Other ....... 1 .. 18,0 19¢ 9890 ' I m 2= 2W5 4 0urc :1) TFoe of jo -Cuftifio (1980 2005) Mantgaoturing .. ........ ........... ,g...................... ....:..... ........................ :.... ........ 90 Or ..... j tl 99w IPM 96w IVJ6: 2C I Q I Tota Jobs vs. Employed. Residents Cupertino 49616 50 46,268 ' (Source: 1) no Employed Residents [M Total Jobs Jobs per Employed Resident Cupertino & Santa Clara Co. 1.55 1.50" 1.46 1.45 ........:.... ...:�..........._.....�_........�........_...:9,,AQ}.�,,.....�r._:::'....r:...... 1.4 1.39 1.38 351- 5 1.20 1.2 1.2- --- ---- .15 1.11 1.1 1.05 1.07 1.08 .05- 1680 1985 1990 1995 2000 2005 `"201.0 ' FINDINGS: The .umber of jobs per employed resident is Higher in Cupertino relative to the rest of Santa Clara County. The ratio is rising throughout the region. IMPLICATIONSa The jobs -housing balance 1s getting worse. This means more commute traffic and increased housing shortages. �wui va. i j ------------- 1 FINDINGS: The demand for childcare in 1995 will be nearly the same as in 1990. Demand for school-age childcare far exceeds supply. IMPLICATIONS: Expanded childcare services are needed for infants, and rthe need for more after-school programs for 5 to 12 year olds 1s especially. apparent`o Children with Working Mothers Cupertino, projected 1995 1200-1-1112 1036 Part -Time 1000 Ful[ -Time 800- Z96 v600 392.. 400 198, 200 0 <3 3t,4 5 8 9 10-13 Souroo: A Vigilon for Childcare In Cuportino, Oot 1990 Age ChaldCareU' pp9 so Demand Cupertino, 1995 projection 2500 2000 1500 2085 ___......_.... M N O l000-111, 500 500 685 90" 897- 97 239 jk 0 <2 ; 2-5 5-12 Age Sourco: A Viaion for Childcare In Cuportho, Oct 1990 supply =Demand FINDINGS: The demand for childcare in 1995 will be nearly the same as in 1990. Demand for school-age childcare far exceeds supply. IMPLICATIONS: Expanded childcare services are needed for infants, and rthe need for more after-school programs for 5 to 12 year olds 1s especially. apparent`o FINDINGS. es elIO'Al Hillside representsl the aigest segmen , of �a fit BOUCATIONSIO, with the eiceptlo a few a t e Pads, the dat t fid'ar-ea, of cotys b��OUL Most ®f 1. e new constiddg®n whit be On Intl it;ixcellso 1 LL N .Q FINDINGS: Cupertino's commercial, industrial, and office development is 80% built out. Approximately 2,760,000 additional square feet could be built under the existing General Plane A. market 6000 5500.- 500 ...: r .......... y..... ............... ......... ............................... r � 5000 v ro 'i5�® ..............................................................Y''.... ... ....`..... ... .................... °4V00 ......... .........o ..� .........! ........................................y.. . J�®0................. r r , ......... ...... �.. ....... ..'�^......... ...................... . ............ .... ................ I. r . ... X000.....�................................. r:. ......... ............................... ....:. Y . , X500............�.. ... -$- ',; 2000 ................A............................................................................................................. 1500 � . 1000 16(3o 168- 1 19'82 19'88 1 19856 964 986 1957 1985 iX89 '� (Source: 2) - - SINGLE FAMILY MULTI FAMILY Cupertino (1988-1990 300 2so..............................: 20® ....:.................................:. .........:.:................................. 0 150: �...... ................................. cc 100 Z 50........... • .............. `.IN-...... ..................................... ® (Source: 1 s v.. rr1 t t >4JJa ;,sft�j4t'� 'i'ttYy itnry �7v:,t �. i��q�tL`1n t "tY�,tr'�t�iyUti$ trr rx nit ( t r�ct x� � i FINDINGS: Nearly alb of the heW h®us nag i®d eii-oh d U. the hexi Ove years w1 e single-�y�hed And stigle-ia101y detached., Thefe Wil It be afi 0 , sh®tit all of a -; needed hots�fg uift9 as def fled by A13AGo IMPLI ATIONS T6ke will he i eantmWfi lack of affordable rehl ho sifig fok ow to ederdt' O income ersebs. pr®gras w Ic Ordiio-te the 0f aft.didable housing wily need to, d.; b � a�I n' ted to help fit! the gAPo � L H " U U0 C; UU0S" in Cupertino's Urban Service Area FINDINGS: Cupertino is almost 93% built out. Neatly all of the new housing that will be built is single family, both detached and attached. IMPLICATIONS: The housing composition In Cupertino will continue to be primarily single family. It will continue to be difficult for low and moderate income persons to find affordable housing within the City. m a-Ul IZ) vul nuubt:f JUJU ® and -Sa- htd CIqM` County Cape in 27 ......... .......................... .......................................................................................................... .......................... 2,74 . .........7 7 .. ... \ ............................................................................ I .................... 0 "2 72 .272 . ..................... .. ....................... . ......................................................................................... 7 ;-�7 I\ .......... ........ ............. Z7 . .................. .............. ......... .............................................................. . ............................ I ........... m ................ a........ ........... 80 0 am . ......................................................................................... W, ........... ............. -IL 264 . ........ o ............................................................. ......... w .......................... ....... ........................... Z02. ..................... ......................................................................................................... ........... 9865 9t Ra 9SBS 2060 20 1 05 (Sourco: 1) -io— Cupertino Santa Clara County MID PENINSULA REGIONAL OPEN SPACE DIV HIC1 LANDS (IN SAutA cLAnA eco.) * ., MIN ol",01% 1 �. \.'s \ W001 FINDINGS: Ad itiolial pop-Ul atioh growth will reguit Iii lftckeased e and fok redeafiohal setriceso . RedeAtiotiai I tekests are ecomaif.g®r-e diverse ah d, ifterest iib haWie a reciaion is O U � ideas�� o Use of parks by glider �eop*ie afid peg:�r1saffl4es INNNIMN 0 MOM �\ \fit\\�`t\1� \\.. �i\r\\\` �� ! I t• ( I ; f 1 ' i ( ' O' I 1 t ; !� ,.'t i i , ', l l ,tl R t� I II t} 7 1) t 1 r ' , rill. �'li�l Liii;,r;',l,tlii!l'�'ll�r1! Il• +�'il� F t r. \ \ IS NO \ �� \\�. INS 05N \ \ \ \ \ \ ♦ \, \\ X \ ..��.iia_riO \ _r.•o.r•`:.r•`\�l..rrm, `\\If ,' \\` . ,. oVIIX ��. .ri.i.�\W,.ar r i SUPPLY OF PARKLAND IN C P ERTINO Cupert no's parklafid supply standard is 3 ac es per WOO people° The existing and ft"tune pArklaf:d supply exceeds this minimthi,st fidardo a A,1988 survey of Cupertino residents found ,walking And hi kinwere the inose pep.�uiar recreational Activltneso The most popular sport was tennis f6ilowed by golf. The vast majority (77%) s .pperted more acquisition. .r e ' ftei berg ood -park acquistlon program is nearly coinptete with teas exception ®f pars in neighborhoods K & IST (as shown in the Geheral ?taha) Park and recreatioft programs increased. by 9./3 betweeft 9.989 and 199 die the Addition of the �inlan Community Center aft etas Sports Ce tie Thema ity of p °egra s h ve waiting lists. As bt itdo tis approached, the ami otnt of park tees collected ihay decrease. IMPLICATIONS: - f' Future pari p' lafts. should reflect testdents' tecreationa� preferences° Future park expen itures may be for open space vs. neighborhood uses and for special recreational uses such as gyms and pootsd ,y New revenue sources will tweed to be identified to 'fund acquisitions La.s weal as lticfeasw' d e fating costs for new facilities. 1990 2000 Urban Sea -V ce Area) IPopulation* 4626 49 7 Demand' (aca) 938089 947059 ete: `fie add tioa of 931ackber Supply (aco) 22701 236 Farm' a'd 'Frer�oiit Oidet c�ooI Ratio ac/1000. 409. 408 will Alter these fl,iires. Cupert no's parklafid supply standard is 3 ac es per WOO people° The existing and ft"tune pArklaf:d supply exceeds this minimthi,st fidardo a A,1988 survey of Cupertino residents found ,walking And hi kinwere the inose pep.�uiar recreational Activltneso The most popular sport was tennis f6ilowed by golf. The vast majority (77%) s .pperted more acquisition. .r e ' ftei berg ood -park acquistlon program is nearly coinptete with teas exception ®f pars in neighborhoods K & IST (as shown in the Geheral ?taha) Park and recreatioft programs increased. by 9./3 betweeft 9.989 and 199 die the Addition of the �inlan Community Center aft etas Sports Ce tie Thema ity of p °egra s h ve waiting lists. As bt itdo tis approached, the ami otnt of park tees collected ihay decrease. IMPLICATIONS: - f' Future pari p' lafts. should reflect testdents' tecreationa� preferences° Future park expen itures may be for open space vs. neighborhood uses and for special recreational uses such as gyms and pootsd ,y New revenue sources will tweed to be identified to 'fund acquisitions La.s weal as lticfeasw' d e fating costs for new facilities. c POttmo G . �-und Yea, `; , I y Foip st .` , I ( +1 s'- l (�1 : �. i ya; ' 7 iY': ii) r` , ,mss i- u e i 17.6 .................... ................ ..................................... ......... ......... f ............ 1 ....... ......... ......... ............ I/ ... _ r a.................................. ............................... .......... .... .............. 1 ........ ......... .... .... :............... .... .......... tka....... ..y!�................... ......... ......... ........................... j 9QQl1.69 - 4 fY]i 1N9 4 fe[Yf_rvn - A talon n i a nw a e..e 1I.......................................................... 1 .. /�... ........ .. oa.... .. ................................................. ae ..... . ... ...... .... .......... ........ ....... ............. .. ................................................................................................................. ... 10 ............................ ... ..._........... .......................................................... ............. ................................................................................................................... 190 5 167 i G69 Tmg Y Q. HEMANINU LANUt-ILLUAVALA I T -,'VVI -I H ANU WTI [OUT 255% CO. -MDC mcy,.cuNd by 1905 00- 45� ......... ... .............. ... ......................................................................... 407 5, 3 . ............ .......... . ...... ..................... ............................................................ ............. ........ ........................................................... ........ .. .. ....... ...................................................................... .... ...... ........................................................... LL 0 20 . ........ ... ...... ................... .......................... fA .. ...... ............. ................................ ... ............. ................... . ............... . 0- i 996 2o04 .2012 2020 $ourw OUT,, CYCUNG NTH 13ECYCUNG A.. I�RA COONTY H ZAHD OUS WASTE G NERATED ...................... . . . ................... 20-, .................. ......................... .. .................... .............. ............. A ...... 10- .. .............. ................... . ................... ......... ................... .............. A Sourco: IMPORTED LOCAL IMPLICATIONS: Water Conservation will e essential and water costs will Hsea Laitatons ®n. sewage treatment discharge is possible. If water supply continues to be scarce, decisions will need to be made between allowin' g new or servicing existing.development. rr'o1nnc-- nr%r-%r+nrl in o Hnnrfi n 0 7980 28 6 0 100 ,200 300 400 600 600 700 800 800 1000 A1rv,hcr .�$ i�nllc Solid Waste Disposal Cupertino has a thirty year contraet(startingin 1989) for solid waste disposal with Browning-Ferris industries for disposal at Newby Island which is located north of Saz� Jose and northwest of Milpitas. The contract is for 2.05 ml.11't0i�s �f solid waste over that period. The capacity is adequate to meet p"ertino's projected needs. Cupertino generates approximately 509000 tons of garbage per year, approximately 45% of which is residential. additional 4,000 tons we collected through the curbside recycling program, which began in 1989. New state law req" es that 25% of the waste stream must e recycled by 1995 and 50% by 2000, s navy pr®granls9 particu arly those that include non-residential recycling, will need to be implenienteda Sanitary Sewer Sanitary surer service is provided by the Cupertino Sanitary District. The District has purchased 8a6 niil ®n gallons pet° day capacity ire the 167 milion gallon per day Sail dose/Santa Mara dater Pollution Control, °lanto Service is provided td approxi 50,000persons 5,000 homes and businesses) withintipertind and portions of Saratoga, Sunnyvale, Los Altos and surrounding unincorporated areas. In 198-199, the district used less than One half of its daily capacity, and the need for additional plaint capacity to acomrnodate future. growth and development is not arlicipatedo If improve Ments to the local system. are needed, such as larger, or additional sewer pipes, the District has planned to, accommodate these needs through the use of reserve funds. FINDINGS: County school enrollment will increase at .;slower rate that. the State. This is due to projected higher dropout rates and out -migration.' Community college enrollment gill continue to rises Public school enrollment SANTA CLARA CO. AND CALIF. HISTORICAL grew in the mid -80's when AND PROJECTED SCHOOL ENROLLMENT GROWTH 02520 30- children of the baby 25- boomers reached school age 20-1 14 ,2329 . 10 By 2010, zmost school age W _ o Elementary -5 children will be .Asian -10 e771 -15 Junior High -20 91 CALIFORNIA : SANTA CLAM COUNTY CHANGE 197487 CHANGE 1887-97 : IMPLICATIONS. (Source: 3) FINDINGS: County school enrollment will increase at .;slower rate that. the State. This is due to projected higher dropout rates and out -migration.' Community college enrollment gill continue to rises Public school enrollment grew in the mid -80's when Cupertino unto School District children of the baby Enrollment (1990-1903)1 boomers reached school age 14 ,2329 . By 2010, zmost school age _ Elementary children will be .Asian e771 Junior High or Latino. IMPLICATIONS. 4 Students with limited' English skills will increase, requiring a Po=6: greater need for bilingual teachers and ESLclasses° Foothill-DeAnza Community College Enrollment 50 45.'120 .', 46-40758 40 - 95 77 .26 20. 77 -16 10. - - u -s- of Tran Aafio' 'Meao sp� aft Uar.� CoUn. 1`9,80-1990 Althoughridership o transit is increasing, 700- sflug, a occupant dri'ving PBi°As �P�ii� �iOG9 e . o � o std be t� a or 7m7.� e tl form of transportation i . �eahe saitta Gera Valley. �. ........ .. ..... ........... :... ................... �:Tranaft Walk/Si,k�/Other ..... ........ ....................... ............................. As a result of the IM- 1,(7% a. cepet�on "Measure A' pr®ject�, there Will'66' iii 169 y®Por�arYhqu �brief respite prem (Sourcet � congestion on certain a jot reads continuing t'4�ii t O-1990sa After that, peak period traffic will cootiiiue` to inckease unless a sabstantial fficreas in the use of commmu to alteitiati'Ves.takes placeo At t6 current eV61 s ®f tiSe air pollution will worsen after the year 2000° POLLUMN 19781666:''' .................................. ........................................... I ............................ ....... . ..................... ... . .......................................................... ................ . ................................................ ........... .................................................... ...... ............................................. 14 . .................................... 12 . ........ .............................. ........................................................... ..... . ... ................ ........................... 10 . ........................................ . ..................................................... .............. ........................................ ...................................... ........... ..... ............................ .................... .......... ........................... ............................................ .......... . ...... ..... ............... ....................... .................................... 4 . .......................... .............................................. ........ .................. ............... .................................. . ................................................................................................................................ ......... ............ 1978 191-9 978,191-9 1980,1981 TS82 16831"4 1985 1 SM 1 �7 1 9W SOURCE: 3. 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P.P. % rk'ii: ,, �, ��M,� �a +� �. j , Y�'vr'AF'"�:r ,t .�' i'� r• � r,5.,c Qa{vI ��.+ �' '�' �l1 � 1'i�rl+1' '^'�: <AN;` jdilt.A1 tiiQi;''.x`.15' iSf11.uE •!9' � S��rti i.�N. =11�) ,•itt,1��` t111' �'tiv • /f/kv, ,•,::fY`+'f" +•`:S ✓�i�Ai' � , i��y,,�t l' i i'yl"r!J �v ,1'•=��jJtr ��, Y Y\S. '' Fi'.t. V'• �t \�� t r �{. ' ��, ,.��?r 'e4 . r v.t�,q, ot'' "�' 4.•.,.:, `;��1'�j,'11, ' jai 1� • �•jr�r. 7i ��tn'Y � 1�1 y '� ' t ; { .�Y k � • t /,s�Ysr1� �yr v X"'}'S Y'Y' •,,tvt `'t ` ' � �t Vim)$ ;, ;y'f�' / yt , `'�tt�� tMy� • /�/%,l ,`��\}\�' `�,�y �/ . • t r ��)'( <l�iq�M t �'ttt��} 1\\��tt+`i1,i�''`1 ` y' it a'•rV,l� � ! .A � �\\` ' r . ,' 4 t! J)�Si <,Ftri'.y, /,a'� 1y' ti, ttti�) • 1�\\�'. i r� y�tj{( w i; }r t3 A�=T1 }^, yq£ fi 11:1 U • , ',A,.. �, Hb�Mi 11�1`f- �`t,i�i '• 1 11�'��1ti11�+r'.'+'��M�"µg+,,A , 1�1�i'11 t� i • \ �.�so-:gy.• � I/ �� ,III li i1�>t / / v�. , `� 'Ott �t�` • �, i r }q i 61 rhr'' r'u1 yI: (j�• r 11 • Nq 1IJ!" "'il. V t .Yx OV.. { yr \,�J\ ;t Zti3;Ot \�, \ t\x) \t\t 4,�'•"\�� , t d = �Lti lir if r ' I }•,��t�l� �t';'�,,'Jyyrkl�t�'S�`e�. � L ., j#y �� . t �\`4,...� � �.,d�k \ < tl•• r, 4 Y.. s �, fbU7w'�L�,t`�\'r•`.,•4k . t f • { � i ( N,` � �, Cjyt I � , 5S. ;+'.Ji Y� , ' +�'„• ' ,i2'tk 1 `'YLV�"',; .. • co .ailli� IItV'il �' n ,`' ``t,,W1u11 .t L'� � rrl 1 • •• � ��I�� u j i1'i ' • •' I ; Iii ,�I . N ��` ",' � l�: (�. �r ' 1F�'��1,• i �i��l. � � 1 1 1 I M � 1��+:1 • Tt .• a 1 1{11, � f �F •I tN. GENERAL PLAN BACKGROUN RE REGIONAL GOVERNMENT PORT Planning decisions in Cupertino will be heavily influenced by the stag and.regional and sub -regional agencies. Where is a growing recogni .10 m BAAQA4D- The Bay Area Air Quality Management District The district has the responsibility to enforce the California Clean Air Act of 1988 which requires attain pent of 4ir quality standards that relate to land use and transportation planning. Th e dean Air Act9 s well as subs6q eptly enacted legislation pertaining to its implementation in the day Area, requires the to submit a plan to the California fir resources hoard prior to June 30, 1991 The Plan papal' ensure compliance rth air quality;standards. Since exhaust from Motor vehicles is a major se meat of air pollution, the companion legislation re uires the J x g P 9�. air district ariletropol'xta Transportation district to develop a plan containing Transportation Cohtrol Measures (CMse The major emphasisof the plan s'to reduce motor vehicle use. The 'OCMs will include: ore draconian easures l ve, t"All be employed if clean air standards are not attained. rn y The Clean Air Act gives the Aid istr*ct the ability to review land use proposals' (indirect source reed) Which have the potential to generate high levels auto ttaffice The intent is to require trip Ted x iit gation, pa1.rking co?�tr l requirem, pts (pricing n�easures)9 and, facility design to facilitate transit. ;Thi air quality leglslatio enables the district to delegate its indirect source review to the MetroP®titan Trpsportatlo Conniiission or to a qualified local agency, There is a likelihood that the f ' d rest source revlevv v ll be delegated to the Santa Clara. County Congestion Management .Agency (see below). Manningplcati o °the City must react to TCM§ when adopted. �f;indirect source review is not delegated to the Congestion Management Agency It n ay be directly delegated to each City° Thi Ci y would be required to develop transportation demand management programs o reduce dependence on personal vehicles° i f_MA* CO gpstio npgeMe t Aolpcyo The congestion Management g�nY is a sub -regional agency That was created in Santa Clara Count y ia. response td the voters,pproyal of Propositlo� 11, the Gas Tax neasnre.roposltlon �I Wl 0 1 I 1 had two tr ite ° legislative bi11s,4 1 and AB1791 which were designed to become effective should the Gas Tax measure passe he legislation requires the creation of a congestion manage- ment plan to monitor and reduce congestion. The law contains a stipulation that the level of service of the primary road network i4 the County must not exceed level service "E"e The law includes several elements, i4cludi4the S standards, transit deslgn standards, a transportation demand nlanaen�ent andrl redctlon element, program to analyze the impacts of land use decisions oil a sub regional capital lrpprove�ra.ents plane The CopgpstioPMpagement. V144 is currently under development. City officials serve on a technical c®... , ttee to guide its development. The Congestion Management Bard is made up of local representatives. The flan is scheduled. for adoption in June 1991. The City rg�nst comply with the plan in girder to receive augmented gas tax monies collected via fxoposition 111. lanln iallcati®�.° 0 The City's General Plan Must be consistent with the CMP. 'the city plan must, control . , development to be consistent with the level of service "E" criteria for the. CMV regional street system. e system. includes most mayor .boulevards including e Via: and Stevens Creek in apertino and the freeway end expressway system 'the plan will include a copnter traff is model which, 1l deft level of se c. for the stem. If LOS E is not achieved. on the: freeway and expressway system comporient in the vlci ty of C4 ertino, development can not occur unless a "deficiency plan.''is developed by the city and appy®ved by the congestion �/Ianagerrient Agency (4e'h deficlencyplap would des. zbe a means for a development to prog°ess byusing'I'1V1 techniques to resolve the` congestz®n or by demonstrating that a. transit improvement will further the overall duality of the region even though it will not improve the specific freeway or ll a. expressway interchange. (( The plan will require participation. In a TDM program and.participation in an annual develop Ment reporting program. The County -wide model will be run an.nuallye The framers of the plan are evaluating techniques to employ if the annual reporting system, determines that significant areasof the regional road system are at or below LOS Ee There may be a County -wide "deficiency plan" o development o a process to control the rate and timing of grovrthe .. ? ..-.. y a �,. - ,. I� I mitmizen Goals Committee-- Final Repor! qember, 1990 Ao ------- - --- Z� zai Zvi 1 9 12 is 22 29 31 39 5 m Page ii W. C.-reAti-, ace Notes and Comments G`a o the OveiAn me o's civic q �� a identity s ag blend of ��aay�je��e�t� gqC��puperti ��m e tg9�� 4r LLAJktLLJSB aJLIS pGLLaT �J.148� 1lU.t.�., te'L� present, its .8 rural edg d e� urbancore, and its etc diversity.. Identities which eAsize .-C-' corporate nage should be replaced by a more personal image l that peopfle aswel.11 as business feel welt ffiee . Building on the concept, of tie traditions small city 'downtowns� e Crossroads area shoed emerge as the geographical and visual 'heart" of Cupertino. Them Stevens Creek'eorridor would be rec® u °ed as d � u��r `�� t� V a lk centers ®nta Vista, De ; Co e es ;the Gras%effio®Srq C�elt�lte and eco Paris® �� the C�ygseat ��dtes outward as, a Go u ty ode some off' ode t�tyo cede tid operated s °eet lleve� us else resi 11, Page 14. E duces" ab�ire w®fid aec G d out rd' °o the e e , ®.c® ute c for . . Pages 15: �oc `tr jle�o Ile Street W® � trans�®Yffi��'b� �3�r�out d &: �IIeS, lfld- Page 230 scap 9 Ughnand °0street fumiture90 such as benches and f6uhtains to promote a. welcoming Page 34: A, a7 environment or shopper d' Hers romm�fl� a series of s -scale de�e�®pmmnemm�s wed together like a string -99' o: pear�so"° ..Tae "downtowns" area shou&d encourage :soc�aR contact, with stores �b�e to the steetq night life, P� �e pees ®nst a�ess� ,;named use residerbtts aid "urtDepenspace. Focal points Page 13: D d2 sued be gated :®7r ap oved through landscaping, signs, limit S ®�Il b �aeht, SIC ®they Pie 15 A. techniq es according to the puxposes o�the area R erit�eda nese �°�cal points shed be linked wherepossible t6 °ormal entries into the City or to other eases pec® d visual resources such as parks and open space. Page tv _ The Cupertino Citizen Goals Committee Seeking broad-based representation of the diverse Cupertino community, the City Council formulated the Citizen Goals Committee to set direction for amendment of the City's comprehensive, long-range General Plan. The Committee's eighty-three partici- pants include concerned residents, business people, educators, and activists working together to visualize the City's future and identify the steps needed to accomplish that vision. Mission and Process of the Citizen Goals Committee The Committee's tasks were three -fold: First, they were asked to develop a collective, "ideal" image of the City of Cupertino through the year 2000 and beyond. From the visioning exercise, major topics emerged requiring further analysis and refinement. The second task, therefore, was to meet in subcommittees to reexamine the vision, formu- late explicit goals, and recommend strategies for their implementation. Finally, the Committee was required to prepare and return to Council a report of their findings, which will serve as a major source of constituent input to the General Plan revision effort. While there is not unanimous agreement on the recommendations, Committee members believe the report generally represents their views. quality of We - The Overall Goal Participating Goals Committee members agreed that Cupertino has already achieved an exceptional quality of life, and that undertaking a rigorous self-examination of commu- nity values ensures that a quality living environment will remain into the future. Abundant open space, diverse recreational and cultural activities, the finest education for children and adults alike, safe and convenient movement about town, confidence in local government decisionmaking and a prosperous business community all are meas- ures of the quality of life in Cupertino. The findings of this document confirm those things which are being done already to ensure a desirable living environment, and where necessary, suggest changes that will bring even greater certainty to the realiza- tion of community ideals. Page iii Page v Notes and Comments Neighborhood Integrity ` Because neighborhoods are the physical alnd emotlona� cernter of I e in Cuper��nop new vi tons Page 120 A, a3 � for their preservation and enhancement, along with the t®ods �® achieve those Visions, are °seen- Page 13: Lp e2 Page 28e A sesa$'ety) tial. Neighborhood gushy can,he measured.by.t into account the presence -of openspacepPage ®o E , �rand relieffrom freeway and commercial views of the -f®ctn fthro �t Page 35: Poise sources. Neighborhood, denttty applies topeople who live mere but also to non-resident workers who consider themselves "Cupertinans" with pride in. the place where they spend the workday° open space/parks should strengthen neighborhood identity, link neJg hborhoods to each ,other where possible, include play space for children and gathering paces for adults. Localemployees Page s: Ep e2 Page 16: Ap a3, a4 should be welcome to visit community parks, even if they live elsewhere. More gees should be page ns; cp e4 planted in neighborhoods and bike pzoAhs ,added° The City should create -residential development guidelines which provide convenient neighbor- Page 20, E, e 1 p e2 hood business services, discourage gated projects and private roads and direct traffic to artery Page 35e streets° Page v I I I u. Managing Change to Preserve Our Quality of Life Notes and Comments Page 20: F Page 35: B Page 11: C Page 15: B, b4 Page 15: B, b2 Page 23: D Page vi Change Areas Overall Theme Change, meaning growth resulting from new development, should be concentrated in certain areas that will clearly benefit from change. Careful management of change ensures that the stable neighborhoods which are the foundation of Cupertino remain Intact, that new development is sensitive to the surrounding area, and that growth meets defined criteria which ensure that quality of life is maintained. Appropriate change of use intensity in the following areas could benefit the community through enhanced identity, greater liveability, and/or economic stability, based on these types of uses: "Seminary" Property: The Catholic Church lands west of Foothill Blvd., exclusive of the Gate of Heaven Cemetery site, could include some kind of housing, either lower density single family housing or in "cluster" format. Some members advocate retaining the entire site as an open - space resource, while others felt that exclusive open space use is not feasible and that any de- velopment option should include generous park and open space areas. Due to disagreement on this topic, additional discussion will be necessary. DeAnza College, Oaks Center and Memorial Park: These sites, on Stevens Creek Blvd. be- tween Mary Avenue and Stelling Road, already form the nucleus of a "cultural" center for Cu- pertino. Stronger interaction between DeAnza College and the surrounding neighborhood, along with convenient retail services, better pedestrian access, more lively arts programs and late hour activity are encouraged. Closer planning ties should be developed with DeAnza College, and in- tensity of use at the Oaks Center could be increased, perhaps to include mixed use residential. Memorial Park should stay as it is. The Grand Boulevard: As described earlier, Stevens Creek Blvd. would be reclaimed for local use through the geographic "Heart of the City" between Route 85 and the eastern City Limits. A. v:. study shouuld e�lore the possibility for revitalized retail activities. New restaurants,, multifa- Notes and Comments designed,mil units, well a hote�igy�®��R77��e��g�tpe7� �1�� Page 2 fl: A. � ppeerhaps ply a�resq�ident�,,tl�,{�a�n $ p }�a �gv�e�ypest�$��¢�p��+e�ap�pyg � �lt� and attS�1cti a Jl�O4..6.a.�S �®g1L8� Jl.®8 economic� ®Ntl"�g �Hi tltl l.�YtlJL�Les fo res1ld�+JlJLtta�g �JLLLJid community identity : North zvLa e. Me existing. o ce/research campus eson DeAnza Boulevard north of Stevens Creed. Blvd. are suitable for mix'' M. oceg residential and con�merciafl redevel- _ opmente Density in the areacould, be increased if c impacts are mitigated, building heights anduses ai°e®nnp�atihle with . suurrounding areas, d that authorized activity meets hazardous materialand environment aIl standards defined. _y the Citye - .. OtY' ter/T - e te" The eneral area of Vitae ste��ns cr��e�/� intersection is the Page 14: A geographical and visual heart of tine Ci g D4�t is not yet well enough defined to p lgy,.that role. .' changes to tylia area sh®uld .result in an acttveg open air p�edes$rian sg�ace and shouuld encour- ,{�tt9® �p {� T151 �v$.�, �i �a �,, �R j�A p t1 t1 �v$,y�, p� ® �i. p �tEy street age,:,new stLLeet �`L'tl,4rp�'11 etaJSY �IWw��111Lesses71 �1LtJi71 LLlS0alle7�1L�11� move, ; as ��L�p �s a ��a�t� �iH®t�1+�g ea statDpe p�o�ulati�n $o s�ul�lPort ala a and evening hour activity plenty oY ®�en O�pace s-toa a�d �e �JL ®�d�dg and LAYa U aestH,t+�1.A� should, be,,:a p�81lNYtla N�®1111A71LdeA�Jl- i t�®n ® nem designe��®g�®wise G�eate�,�ne ht tests c®�pd be aflicvre� gresidential mases are included, tra 'ic i�n�acts acre, resolved, and the Overall characterr ®f the arrea hec®noes 8 -better' defined VaUco�P e 0 More intense u]tse could �e Perm -ted in this area if traffic cirrculation is adequately maintained. and buil heights are sensitively.scaled to residen$ial uses on the Page 2 1: A, a2 - area, gs perimeter.. �°he City should encourage new development t® include, a variety of mixed Page. �qT AY2: `L Page 36: B commercial, ®Vice and hotel uses, greenbelts, areas for recreation, and'a mix of housing typesg including affordable units. Criteria r Change Growth and change should meet certain criteria to ensure that the community's quality and page gs: b3 character remain constant or improve.' Developmentproposals should he tested against those criteria before approval: o Will the project conserve the residentiOLll h4raicter9 the small town atmosphere of the com- Page 13: B munityg and the historical character of specific areas and structures? Page 20: D Page vii Notes and Comments Page 18: A Page 18: B, b 1 Page 14: f2 Page 19: F Page 20: B Page 21: A, B Page 33: A Page 34: A, a3 Page 36: B Page viii B) Will the project help achieve a proper balance of jobs and housing, development and open space, and recreational opportunity? C) Will the project coincide with an appropriate rate of growth for the community, taking into account traffic, desired housing densities, environmental impacts and demographics? D) Will the project relate sensitively to the nearby neighborhood? Community character can be preserved through more clearly defined building height limitations which are integrated with the use and character of the specific area, pedestrian oriented devel- opment. and new guidelines for the conservation and limited expansion of residential neighbor- hoods. Opinion was divided on having specific or flexible height limitations. Community resources should be compared to new development potential to ensure that growth does not outstrip the capacity of roads, schools, parks and public utilities. The most intense development should be focused along Stevens Creek and De Anza Boulevards to minimize im- pacts elsewhere in the City. The jobs -housing imbalance could be improved through mixed use projects that include both commercial and residential activity. Potential areas for mixed use include Town Center, North DeAnza, the "Grand Boulevard," and Vallco Park. Locating high density housing near employ- ment centers and transportation corridors will decrease traffic demand and improve affordability. Small retail and service centers neat residential neighborhoods will improve their liveability, decrease traffic demand, and encourage residents to shop locally rather than outside the com- munity. Mixed use areas could be subject to different standards than those in place for predomi- nantly residential neighborhoods. Height and density limits might be adjusted and floor area ratios increased so that developers will provide affordable dwellings, more public space, land- scaping and underground parking. zip e Notes and Comments Page 32: A, C Page 36: A Page 37: B Page 16: A. a2 1Pp 3 1: A Page35: C Page 7< A, a2 Page 13: E Page 36: A Notes and Comments Page 33: A. F Page 36: A Page 7: a, a2, C Page 37: A. a3 Page 9: A Page 32: C, c2, D Page 33: G Page 36: B Page 33: F Page 35: A Page x Ways to Provide Housing The City should provide more affordable housing options by offering incentives, promoting mixed use development and identifying appropriate areas for higher density development. Mixed use creates housing in conjunction with commercial development so new housing opportunities are provided that would not otherwise exist. Rental housing units of varying size should be developed, such as very small efficiency apart- ments to accommodate a single person, as well as standard size apartments for families. The units should be near transportation corridors, so use of transit and easy access to jobs and services z.::, possible for many people who need and want to live here. People with special needs, such as seniors and disabled, can be accommodated through these same techniques, although other services may need to be provided to some households to main- tain independent living options. New ways to meet housing needs should be explored and a more proactive approach should be taken. The City should form a housing advocacy group to educate residents about the need for affordable housing and to promote the creation of more affordable rental housing. Employers could provide on-site housing for their employees, especially when business expansion creates demand for additional housing. The City should target specific areas appropriate for mixed-use and higher density housing. School lands can be looked at for joint school/park/housing combi- nations through long term leases. City housing policy should have "more teeth" than in the past. The City should study the impo- sition of development fees or taxes to provide affordable rental housing. Additional units or lower development fees should be allowed if lower cost units are provided. Design Standards Design and aesthetic controls can make or break residential projects, whether or not they are single family or apartments. Landscaping, open space, attractive and high quality architecture are critical elements to successful projects. iv. Addressm'g Comniunift As - ,,,,y �Nee Notes and Comments Overall,T. e. - --An imp®gtan_relationship, exists between Cupertino,residents Pa96 7. A. C and the sch®6,fls ' Imo® a nns and facilities inv®l�ring the schools Page 9. A ® sh®uld b sup®need a�xnd devel®p�ed cc®peativefly. Seces t® �� i is all segmegnts of the community nee*& t® be provided with empha- sis on the y®upg, the elderly and the disabled. Where access to �-- _ privately. sponsored services is restricted, the City can form ef- fective pa �® plan for end deliver, similar services, en- hancibg1he enjoyment 6fliving in this community. Supportr o®s , Schnops can serve as e®an nu�nnity ce rate .Soh®®fl y® and faeifl ties can bedf �° chifldca�°e9 y®u�th' the eflde�ly and the contin edu�eaticn needs ®f aillresidents. ane City and Page 9: A. B Page 10: H B c Scl�c®fl Dista cts sin®uifl wor q ether to de_ 1- these ®n�aua tieso �`l�e Ci end buisl� .� �� . .. Page 11: A, B. C, c2 nesses can act�vefly support, the schools thr®iugh �aa°tnea��ips stuch als �d®pt-;a c o®fl aa�d ment®r :per Scho6l Districts nd De C®flfle e sly, Uld' c®® i to ste s tt n ttpn� Ci$�. Special Child care needs are increasing as the number ®f working parents increases. Schools, employ- Page 5: B. ers and the, City can ork together, to provide facilities and programs for -them, affior employers Page 6: D, d2 can provide facilities ,cn site. Page 7: B. C Page 9: A. al Services and pgog for the elderly and di tiled shouald.be provided. Multi -cultural needs Pak e should be assed. Oppc unities for the us of vdiunteers shouldbe 'increased. Bibaary'and' park and recreation services should be maintained at their current rent level. Co w2ity cess C®aanunicaticn between'service providers in;the City and the community should be enhanced, s® that communit embersare well informed and feel welcome to participate in City fairs. Page 6: E, F Page xi Notes and Comments Page 1: A Page 2: C, c 1 Page 18: C Page 29: II A Page 2: B, b5, b6 Page 3: A. a1 Page 19: C. c 1 Page 1: B Page 2: B, b8 Page 3: B Page 1: A Page 18: C Page 29: B Page xii v. Preserving and Enjoying Our Environment Open Space Areas Overall Theme Among the assets of Cupertino most valued by residents are the City's many parks, surrounding open space and the atmosphere of an open, natural environment. Maintaining this abundance of parks and open space in proportion to the City's growing population and development is critical to preserving the existing quality of life in Cupertino. The City should carefully evaluate plans for growth to ensure that adequate recreational facilities and open space are provided for resi- dents. The environmental quality of the City's air and water should be carefully maintained and efforts made to address these issues on a regional as well as local basis. Greenbelts are an increasingly important resource in suburban and urban areas. The City should plan now to ensure that valuable land for greenbelts is not committed to other uses. One greenbelt of particular importance could link Stevens Creek Park, Deep Cliff Golf Course, McClel- Ian Ranch Park, Blackberry Farm, Stevens Creek School and Rancho San Antonio Park. Actions to begin forming the greenbelt should be taken now. Other possible greenbelts, such as railroad rights of way, should be considered if and when land becomes available. In addition, areas of sensitive ecological importance, such as riparian areas and parks, should be identified and steps taken to ensure their protection. Other lands suitable for parks and open space should be identified, and purchase or zoning options considered when appro i riate. The City currently has set standards for the amount of park lands to be maintained for every 1,000 residents. This standard should be re-evaluated and potentially increased to ensure that it is adequate to meet the needs of the growing population. In addition. standards for the amount of open space to maintain should be established to ensure that this valuable asset is also preserved as the City continues to grow and change. Accessible Resources Not only does Cupertino have high quality recreational areas and parks, the surrounding area has excellent County parks and open space. Residents could benefit from additional well organ - Alezed information about the resource s that,,are ��r�l��e �i�i�'i tri �+ ' City �'esou8cesq along1�T®��s with background information on the'plans sand Comments ® ti® open space, will enable, residents- to ;be aaIlon-e ` , � s the City Inas �'®a� the �'��nre ®i' parks d other is ignvo�ved a7Cnd ice'®wed In bond mea��es a�n� safles �eegan'ding the future of pan-ks sand open Page 2e D, E Page 6: E, F space . Motherway to improve utilization of existian location and regulaatio�nsq is t® p�®vide a�� e �e es®n��cesq besides increasing, awareness of t anew deveflop�nent should be evaluated to ensue khat aess� and n°egioana� open spaces ss Pat an sand open space is adequatelly ges,�etweenq �� : parks anaintaianed< P�uhlic ace and w access and ges such as :�icycie paths walkways, sh�id he a pad® ®�1�e Ci Public access shoanlld be provided from �� mad slde�e whenever feasible. For example, along- St Rancho Sang tohio Park. evens Creek. Blvd. through to te_..L� uch valuabIle opea� `space and open natural en 0 LL ®J1JLEtLLlleli Y��6ALJ1 a /illllWaJlRJI�V.+1Ji�LLeV�..i� pJi LL Y d6��+ ships` mese resoul�'ces sh®uid �� n�ecoged sand va��fled an "is ® these pn'cpei�s �® anain ., , 9 d sant®u#gement iD�`ovided '�® ��g'�7p �y space. gg�p p�s��}.� �'{�e�� a� ��fj�� v a� q��gkLLl18. A7�gp yp ,,��. 07p6lyVree _ 88H�i+e0.�.'�o ibint � N. ::, AA�J e:�;.�.} pg�w pC/ g4te. 2i g+�.iaNN,SJ1N.11®utigl �QJI�Lllliltllepy, p /,p Page 3e A Page�, �, ¢ wi g, Pvt. v�+ 4: A., _ N ILe'C.®�'e �evlibe�q®9p�r� �JJdJlA`Lll ®:e�.. t.� S.ILC. .. CiL4.e U.lLA7e _pp�`pte p p e sh® fid .lbs invest aced and Innpfleaane ed:= h erb . 0operation nth other° public g nci� �s . ®ann Cube.in® t®°ei®nal-s`and ®e �l�vp®,}}qappant ® e73pp��ayyrrurrre equate access. is maintained open Page �++'pa!Leq and eK1i off( ({,4y'"g11N e'ttiLllde. �® improve utilization egioanala�esouy'ces �y Cupea ian0 res�deantse of 4: _ JC��..� . gD �a Agency, t Residents vaiane the eni6 onmental quality of Cu: eatiano e City work to anaiantain this eanvip-onaaneantaIl standa�dq hc$ n ®cagy sand ® a expect ®nafl that doe Pie �: r� Kas s withian the Cii3r ShcuIld be idean�i$$ed sand ad se Polluial®1n tc��eagns p regional and state efforts $o �edu�e t�°a`ic enissioanse .( eess�e Stepp®�$ should be givean to Page 24: E Page 29: II, A .. .,.' 7[°he solid waste dispose pa��iear�rnn shcu�d he given attention and a.�e c p�°® �a�n �'®� a� s®u�ces iaa�ip�ennean$edo conservation Page 30: C. D Water and energy Programs should be c®ntianued and: stn-eangtheanede Page. Notes and Comments Page 27: A. B Page 27: I Page 23: A -D Page 24: E Page 25: B Page 24: A. B Page 28: A (Res. Safety) Page 29: D Page 27: A Page xiv vi. Managing Transportation and Traffic Trac Mitigations Overall Theme The ability to move about the City, on foot, on bicycles and in motor vehicles should not deteriorate from present perceptions of the street system's service capacity. If future development is desired, various methods should be used to ensure that current transportation system service capabilities are at least maintained if not actually improved. Transportation Demand Management (MM) and Transportation System Management (TSM) should be implemented to mitigate traffic impacts: TDM methods require working with traffic generators such as local employers and DeAnza College to encourage alternatives to drive -alone automobile travel. Shuttles for intra -city travel, subsidized transit fares, carpool/vanpool pro- grams and non -peak hour work and school starting times are typical TDM strategies. TSM examines all of the facilities that make up the transportation network — local streets, state highways, County bus routes and bike ways — and then looks for ways to improve how they interact. TSM research and improvements involve coordination with regional agencies as well as other cities, and may include circulation system improvements such as an undercrossing at Stevens Creek/DeAnza Boulevard, fitting existing streets with bus turnouts, and support of highway construction. TSM is also concerned with means to direct through traffic away from neighborhoods by interconnecting signal lights or strategic placement of stop signs. The City has established Level of Service D as the minimum standard of capacity for major inter- sections, against which new development traffic must be measured. However, reduction in service level for the Grand Boulevard may be allowed in order to recapture it as a local shopping street. Notes and Comments Alternatives t Alternatives $® automobe usageq especiaddy'by. d®ne "driiv, ;", v, to $flee City f®r e�npd®ymen t Page 24e E p�.urpQs sq should be promote de. �e�es$��n d b�cyc11n®ppojiuhi$ es cin be` egndn nced.- Use Page 25e B, F ®� buses:, a nd rid -day shuttles between empd�y�en�$ .d s�®�� ce�$e�s sdn®�ndd be en:�ccur- agede �� $ ® S Oi6fs .Creek and ai'�®�de�7ards ��®�d�d be pa�rs�aedq a�d$d�c n do $dne 'implications,® e me s�$y ®els �t nee Iso e ac n®�i�edge e City should"dev�Il®p and market a $®®d kd$ for TDM Jnpdegnenn$a$ii®nq aIpd encourage mAj or employers to provide an on-sitec®ordinat®re Disincentives to, drive -Nome commutingh$ �rnclude par a fees o n . pzlvate sites and reduced ava bilty ®f free gear . Compa�es,should also be encouraged to offer vchicular $ravel`alternatfves sucha home sh®pg� s t_ ele =mnuting through personal ccnnpn�tersrnd"le ®k dnua 00 i ®neem red ite dna$ nnperti n® and ® n� cil$i s c ®lea $iv dy'$® �e�l �e gage 25a A. au�$��es aid a�®Ilpn dDcl$�cn dense °aIls$$ s send �e �' c®®-da$e�d gage 29: 1, D II, A p ns 10 �Il Sd$c ®n9, to' e$�ner " $S�a$��Yn, naIlnda e ® $ICa ILS" ® �i$�®]t� ��,® lia$�QDA� .� _. g p. ��p p�pp ��a W�7��11 ��'v �{�Qp ,}� '�'fl'"� tY� 7.Y.A: �.. . , 7er� q'! �e$�i$ S1T '' aJtA early ® H e , b®®Ji9a3 q a7 ltd 1ia� '�718�e�y to be �!L� �S+� �eHMe� a� th e �i�e1SHeJ�e ®tl�� ®tl:.a� de�1.rAA�1l®�1L� Page xv Notes and Comments Page 39: Goal I. A Page 42: A Page 40: B. E Page 41: H Page 20: F Page 41: E. F, G Page 39: A Page 40: A. B. D. F Page xvi via. ENSURING OUR PROSPERITY Overall Theme The collective vision of the Goals setting process will be costly to accomplish. The City must protect its existing revenue stream, while simultaneously developing new or enhanced sources of income to support its expanding community service programs. Equally impor- tant is the formation of a stronger alliance among businesses, resi- dents and government so that economic development issues are given due consideration when weighing divergent interests. Support Existing Businesses and Encourage Appropriate New Business Cupertino's geographic and competitive position in the Bay Area, and in the wider Pacific Rim context, has attracted several major corporations whose presence helps support small business and services in a vital economic network. These employers, large and small, bring jobs for local residents and revenues to support government services which contribute to people's enjoyment of the community as a whole. Public policy should eliminate undue impediments to future growth of "clean" businesses, espe- cially those which employ local residents. Market studies should establish a baseline under- standing of the City's prime business niches, to be followed by appropriate adjustments in land use controls ensuring reasonable growth and expansion. rimize City Revenue Because sales tax capture represents the largest component of the City's operating revenue, the community should encourage more vigorous sales volumes for existing businesses and expand opportunity for new business, especially retail and hotel tenancies. The business climate must allow new markets to develop, primarily through greater outreach to regional customers, while keeping the local customer base intact. Notes and Comments Page 42: A Page 19: G Page -20: E, e3 'age 22: A Page 40: F Page 41. A, B, E Page 42. Top Page 42: A, E Page 11: C Page 42: D, E Page 43: F 1. Preserve Public Open Space 11. Encourage Maintenance of Private ®pen Space ftRft As-=-,imm Page I bs. Identify sensitive ecological areas, such as riparian and canyon areas. b4. Create a link between Stevens Creek Park, McClellan Ranch Park, Deep Cliff Golf Course, Blackberry Farm, Stevens Creek school, and Rancho San Antonio Park. Address safety concerns that may be created as a result of the greenbelt. bs. Apply the existing federal legislation regarding acquisition of railroad rights of way if the existing rail line is closed. bs. Encourage complimentary mixed use of open space lands. b7. Specify funding sources for maintaining and acquiring open space. C. Develop site utilization plans for parks and recreation facilities. c I. Work to acquire additional park lands if necessary to meet park standards and the needs of the community. D. Promote public awareness of park and open space plans and strategies. di. Implement a more effective process for communicating to residents how bond measures work. and how they will contribute to acquiring and maintaining open space and park areas. d2. Set up "walks" through open spaces to educate residents about the open space resources available to Cupertino. E. Improve access to open space areas, and emphasize linkages between open space and park areas. e i. Insure that new development allows for adequate access to, and linkages between, parks and open space. e2. Connect San Antonio Park with Stevens Creek Park through the use of a right of way, bike or walking trail. Page 2 Notes and Comments e3e Prdvidel,public, access and linkage from Valk® Park all along Stevens Creek Blvd. through Notes and Co s :tooho San Antonio Parke e4e *. or park acquisition strategies shall not include condemnation. Acquisition A. Acquire additional open space and park lands where necessary to meet City standards and to protect natural and recreationaI resources. age Form a greenbelt to connect ®pen space and park areas throughout the City. Be Increase City r enue for acquisition of open space and parks and recreational uses. Consider increas ; hcits arid: cpeitie"hea'e �p�®�ratca bge C®Haider "m pi, ntirng dor contirn�aing� park dedication eesg entry ees9`lLIlser fees,stud pees f®r PpeciaIl evenAs such as art sho aHd'concer 9 as wages t® increase revenge t°®r park and open space 'acqa�isiti®n and ,rrrainteHaceo A. Consider ways t®, strengthen the General Plan to:protect:"and maximize, open space and recreational opportunities. age Consider estahpishirn zones, to pr®tect-important nates 'al 8eaturesg and for areas of sensitive seismic activity- a2. Retain the gol colurses or recreational use and open space. Be EncoflIlrage the- preservation . op' riparian and carry®n areas. Ce maintain current policies and standards .regarding hillside and ridgelitne devep®PMente Page 3 c 1. Continue guidelines for hfilside development. D. Encourage planned development (P.U.D.'s) to protect sensitive natural areas. Private Sector Cooperation A. Provide encouragement for private owners of park and open space to maintain their open space resources. B. Seek cooperation with the private sector to encourage joint use of private recreational facilities and open space. b i. Encourage a pathway trail system between hillside residences. bZ. Seek cooperation with corporations for use of joint recreational space. bs. Investigate joint recreational opportunities with the YMCA, and with PG&E. b4. Encourage private ownership to set up open space or recreational networks that could be available for use of employees and potentially for public use. Public Agency Cooperation A. Work closely with adj acent jurisdictions to increase access to and utilization of local and regional open space and recreational areas. B. Investigate opportunities for joint cooperation with the State and Federal government. C. Encourage joint acquisition of open space areas if they are threatened by undesirable development. D. Work toward maintaining School district sites for community use. Page 4 Notes and Comments V 1Y11Y1 V 1 N 1 1 1 11 1V 11.Ji 1 11J1.J AND S 0`40"'MINW.NITY FACILITIES ERVICES NOBS and Comnwnts Strategies And Tae'tics..z. Enhance Existing Services A. Determine community priorities : for fisting and potential community services. B. Integrate services where appropriate,. such- as combined cid care/eldfr care. C. Con uxe t® regula l evaluate a Cid-cued police and fire department. D. Promote more joint -use of private /public /corporate facilities. Page 5 d I. Involve employers in providing childcare, encouraging carpooling, and employing senior citizens. I I Notes and Comments d2. Expand public/private facilities for cultural events. E. Promote good communication between City Hall and residents. e 1. Consider continuing an on-going citizen's advisory committee to ensure a democratic and open planning process. e2. Improve utilization of cable TV for communicating City events and activities. es. Conduct regular public neighborhood meetings to encourage good neighbor policies. F. Promote an attitude of cooperation and assistance between city staff and residents. f l . Make zoning regulations more user friendly. f2. Provide a user's manual on how to apply for building and use permits. fs. Treat residents as customers. G. Locate alternative sources of utilities, where appropriate. H. Promote water and energy conservation. h I. Develop more effective water conservation/retention systems. h2. Enact building and landscaping ordinances that minimize the use of water. hs. Promote recycling. h4. Promote proper disposal of waste. Develop alternatives for disposing of solid waste. I. Consider demand and availability of utilities when making density decisions. J. Develop alternative sources of funding for social services. Page 6 .. consider user feesI®r certain youth,activities and programs. LPI ®l��e� �1J1Y tV1.9. W/uJ� :. /�. 2.. /�{�.p'yp� Comments Notes K. Awe' }��.a �$ a�Q(ye� p Cgq��q$yry� ��(° �'0 �7g� services. A}p'(�'� (�' �g p�p'py�^�7�'�7�}� a��7y) 7� residents 3lISli1prove, Vv�1Y7161Y8dmU nfeatiion to o7iq,��i/l�IJi&s about the a allat il. ®8 lir �81t11� se vi` es. J�i NCO as a re4YVY rc for both edu"cati 4 tYNn is ecreat i6nal u�TYOIs. Provide an ��ii �� TY .' R�W , u IlIlO Continae ®$®H � �YesO :.. 'tiohth/e county, -and Attrct®,county Provide New CommunityServices AO Promote City services and programs for working parents, youth, teenagers, and seniors. Consider City involvement In only those programs for which there are documented creeds not being net in the private sector. age Promote and facilitate more childcare facilities. A2. Increase City involvement in programs for seniors, including daycare, h®ars and affordable health c ago Softand survey �®r° progr nee, & � c s } 1 � pool,�i through' public use of a yf 71 ® of hasaccess a�o Insure that �he �� ,. �L�t� h�Ma� ®d�t6.ewYe� lL® a public �:tL9i.9�q prtvate�y ®weed pool, such as the YMCApool. Be Promote more cultural facilities and activities, and sports and recreational Programs. CO Consider the needs of the physically disabled when planning community services and activities. De Continue to update and publicize an earthquake preparedness and disaster preparedness program. di. Plan for the storage of sufficlent emergency supplies. Page 7 E. Strengthen alliances between local employers and the community. Encourage local employers to strengthen their roots in the community. e i. Residents should have first priority to use community services. e2. Non-residents who work in Cupertino should have the second tier of priority to use community services. F. Encourage the new post office to integrate well into the existing neighborhood. Page 8 Notes and Comments Nees an Cotes �. DevellOp summer programs. ams. Page 9 b2. Promote physical fitness programs. I I I C. Improve continuity between school master plans and the City General Plan. D. Expand community awareness of educational resources and facilities. E. Consider using the City as an information source/manager of educational resources and facilities. e1• Develop a community information resource/referral center (advertise it in the Scene/Channel 53) . H. Support Local Schools A. Recognize that education affects the long term economic development, environmental quality and health of our community. B. Actively support the efforts of local public schools to increase funding, and provide more assistance to teachers and staff. b i. Support efforts to improve salaries for teachers and staff. C. Seek and support the location of private educational facilities in our City. W. Provide City Sponsored Educational Programs A. Improve park and recreation programs. B. Improve accessibility of educational programs to adults, especially after work hours. C. Provide more alternative types of education. c 1. Encourage lifelong learning. Page 10 Notes and Comments C2. Prombttcbhtinu' ion programs (including teaching parenting skills, family lhdng, Page I I Notes and Comments B. Retain and enhance the residential character and small town atmosphere of Cupertino when appropriate. b I. Recognize that Cupertino has retained a rural character while still developing a strong economic base. C. Promote Cupertino's identity. cl. Maintain high-tech identity. Consider identifying Cupertino as the birthplace of Apple Computer. cz. Promote employees' identification with Cupertino. C3. Emphasize the unique character of Cupertino with a festival (similar to Gilroy's Garlic Festival. Half Moon Bay Pumpkin Festival. etc.). C4. Emphasize and promote Cupertino's distinct features and assets. such as the excellent educational system. D. Encourage businesses that increase community character and meet local needs for services, goods and gatherftV places. di. Incorporate adequate signage for retail stores. ds. Decrease setback of retail shops. ensuring visibility and exposure. encouraging pedestrian access and concealing parking. E. Be a model to other cities in the way we treat people who are elderly, poor. homeless or have disabilities. e 1. Work with agencies to establish residential homes for the physically and developmentally disabled. e2. Continue to set aside funding for social service agencies. Page 13 H. Enhance and Develop no Focal Points Develop physical, psychological, , i and cultural heart ®f the City. al. Consid s` all ".ale, est-®riente des incluslo ® a c�altu cent s ®r emphasis, on the ty's cultural/agricultural heritage. Page 14 Notes and Comments az. Develop the downtown area of the Crossroads and link it to Town Center and the Stevens Creek spine. Explore the possibility of an underpass or other grade separation at the Crossroads. a3. Develop the downtown area so that it: - Facilitates meeting and social contact; - Provides night life; - Has good pedestrian, auto and bus access; - Has stores which are visible from the street. B. Improve and/or develop focal points throughout the community with well -integrated connection between them. b 1. Establish more defined entrances into the City - b2. Develop a string of focal points or activity centers connected by a Grand Boulevard—Stevens Creek (Monte Vista, De Anza College, Memorial Park/The Oaks. Crossroads/Town Center. Vallco). b3. Develop a pedestrian strip along the Grand Boulevard. W. Promote the image of DeAnza College/Flint Center/The Oaks/Memorial Park as a cultural and community center. b5. Install signs at each intersection that include street numbers and city logo. bs. Convert the amphitheater to public or neighborhood use. b7. Provide bicycle routes throughout Cupertino. especially between Stelling and Wolfe Road/Miller Avenue. C. Promote development that encourages destination traffic and discourages through traffic in the Crossroads area. Page 15 Notes and Comments B. Foster community pride. b I. Provide more City -sponsored community events such as fairs, picnics. and parades. C. Develop a volunteer center that would serve as a clearinghouse for individuals wishing to provide community service. D. Provide services and facilities that meet the needs of residents and workers, especially children, youth. seniors, and people with disabilities. (For example, the City does not currently have a youth center.) E. Encourage the active participation in the City of people of all ages. income levels, ethnic groups and ideas, and from all geographical parts of the City. F. Increase ways for corporations and colleges to participate in City affairs. G. Foster a willing attitude to participate in the community and in solving larger problems. Page 17 II ( c 1. Decide how much of a surrounding greenbelt should be preserved. Notes and Continents cz. Protect the hillsides from high density housing development. C3. Distribute open space and recreational space in areas appropriate to serve CupertirWe residents and in -commuters. C4. Ensure that each residential neighborhood has park space nearby for a playground for youngsters and a gathering place for families within the neighborhood. ca. Provide public open space in the center of town to break up higher density. ce. Provide public parks for active recreational activities. D. Balance jobs and housing. d 1. Develop a jobs -housing ratio that minimizes in -bound traillc. ds. Identify and lower barriers that inhibit the construction of housing for people of low and moderate income. E. Promote low profile residential development with larger lot sizes. e 1. Address the issue of building size compared to lot size; incorporate recommendations into design guidelines. F. Maintain a direct ratio between density and available or potential services and resources. fl. Reexamine the transfer of density credits: TRIPS and FARS. G. Encourage more neighborhood services, such as unobtrusive shopping areas for day to day necessities. g. Optimise Land Use Potential A. Maintain the City's capacity for a variety of land uses. Page 19 H. Re-examine city boundaries. hi. Consider anneiOng unincorporated lands within the City limits and within the Sphere Influence. h2. Consider anneidng theareauth of Bollinger and east of De Anza. Notes and Comments II RL Encourage Mixed Use Meas I A. Identify potential mixed use environments. a1. Prevent encroachment of business uses into established residential areas. a2. Consider Town Center, North De Anza, Vallco, along De Anza and Stevens Creek as potential mixed use areas. a3. Locate new housing near places of employment. B. Develop residential areas adjacent to existing office/retail service areas, where appropriate. b 1. Add more mixed use areas as run-down residences and vacant offices come on the market. b2. Cluster higher density condominiums and apartments (with adequate open space) closer to the business sections of town and along the main traffic arteries: 284, De Anza. Stevens Creek. b3. Cluster higher density housing to improve affordability - incorporate small shopping areas, possibly on existing parking lots. Page 21 Page 22 Notes and Corrurients • Assess and control development -specific impacts (especially to local streets). • Explore incentive programs to implement the ''village of services" concept. • Encourage mixed use development which should not necessarily be subject to the same limitations as expressed elsewhere for predominately residential neighborhoods. D. Develop the Grand Boulevard concept along Stevens Creek Boulevard. • The study area should include all frontages along Stevens Creek from Highway 85 to the east city limits. • Road changes should be made now; land use implementation will follow (may take decades to fully implement). • The Grand Boulevard will be more a source/destination than a thoroughfare. • The Grand Boulevard will be pedestrian- and bicycle -friendly and will provide frequent safe crossings. • Stevens Creek will become more like a local street and through traffic will be discouraged. • The new Grand Boulevard will be transit -compatible. • Satellite parking will be encouraged. • Curb cuts and driveways will be minimized. • The Grand Boulevard will be aesthetically pleasing and will include appropriate landscaping. lighting and street furniture. 7lransportation Demand Management ('DJIQ A. Encourage corporate coordination of carpools. vanpools and other measures to help reduce the number of auto trips. B. Provide incentives for De Anza College and local employers to develop effective methods of managing transportation demand. C. Work with De Anna college and the school districts to develop transportation planning and management practices which would reduce peak -hour congestion. D. Formulate policies which require the development and implementation of city-wide TDM plans. Page 23 Notes and Comments • Fund and build the undercrossing. • Channel through traffic to Highway 85. • Continue use of strategically located stop signs to control through traffic in residential neighborhoods. as appropriate. • Strategies and tactics for management of local circulation should be reevaluated after completion of Route 85. • Study an overpass over Highway 280 that connects Mary Avenue with Homestead. • Study possible mitigation factors for traffic generated by any new major development. • Improve circulation flow by increasing the use of synchronized stoplights to keep traffic moving effidently. Work with neighboring communities to ensure that synchronization does not adversely affect traffic which crosses jurisdictional limits. Consider use of signal synchronization on weekends. except where "demand actuated" is more appropriate. • Allow easier access to right hand turns via lanes at larger intersections. • Improve circulation flow by providing indented bus stops. Evaluate the placement of bus stops with respect to traffic flow. • Take advantage of the opening of Highway 85 to meet other circulation management goals. Transit And Other Alternatim A. Promote a circulation system design which enhances pedestrian safety and experience. B. Provide a mix of cost effective transportation alternatives such as intra -city shuttles. C. Encourage greater utilization of mass transit. D. Promote alternatives to automobile transportation that are oriented to the individual, such as walking and biking. • Provide bikepaths for children to ride to school and for employees to ride to work. E. Promote alternatives to vehicular travel such as telecommuting and teleshopping. F. Bring light rail to Cupertino. Page 25 F - o _. limits ° � along �' / � _a 'Jr t ' , a ,tlt , �.Ii 3 _ 1, , _ � � 1 =1 _ o De Anza N. and Camnentz Notes and Comments I. Evaluate projected impacts of proposed land use configurations and develop policy that favors projects which improve - or at least do not aggravate - local traffic congestion. J. Evaluate the potential for implementing public/private shuttle systems. K. Integrate and link transit means. L. Provide public transportation where it is actually needed. M. Integrate and link different transit types - improve interconnections between transit modes. Planning should focus on the location and design of mode transfer points. • Study origin/destination data to determine changing travel patterns and needs. Standards and Guidelines A Set the goal of a minimum city Level of Service at level "D". except for the Grand Boulevard which can be lower. Study the impacts of this lower Level of Service on streets surrounding the Grand Boulevard. B. Monitor and evaluate the effectiveness of implemented measures. • Prepare development criteria which support maintenance of LOS "D". • Explore and detlne alternative methods of measuring peak -period congestion. • Study the implications of peak -period spread for overall transportation management. Growth Limitations A Growth within Cupertino will not exceed the limitations of the present transportation system. B. New development should be allowed if measures are implemented which mitigate any potential impacts to the existing transportation system. Page 27 Page 28 REGIONAL COOPERATION Page 29 • Identify sources of pollution in Cupertino. • Comply with and support regional and state efforts to reduce traffic emissions. • Consider ways to control toadc contamination. B. Increase community awareness of geological factors and the potential hazards they represent. C. Address the solid waste disposal problem. D. Implement a comprehensive recycling program. • Promote recycling and eliminate non -recyclable materials - promote cooperative residential and commercial recycling programs. • Encourage the elimination of non -recyclable materials in businesses such as fast food restaurants. • Encourage the purchase of recycled materials (pre -cycling). E. Construct sound walls where residential areas are impacted. Page 30 i Notes and CoRunents Page 31 • A limited number of mini -marts and gas stations • A "sense of greenness" • Minimal noise levels, especially on I-85 • Neighborhood pride • Maintenance of housing appearance • A "sense of community" PublklPr Ivate Support A. Identify opportunities for public/private partnerships in providing affordable housing for Cupertino. B. Quantify the number of housing units to be created in each income category. C. Encourage active employer participation in helping employees obtain and/or finance housing. ci. Create a jobs/housing balance. cz. To the extent possible, consider encouraging employers to construct higher density employee housing on site or near eidsting or proposed businesses. C3. Investigate creative employer-sponsored methods of developing housing equity among employees (e.g., accruing housing credits towards the purchase of housing, long term leases and temporary rights of corporate -owned land). c4. Investigate corporate sponsorship of affordable housing. D. Work with the Cupertino School District in identifying surplus school sites which may in the future be suitable for housing development. di. Consider using surplus school properties for affordable housing development. Page 32 Notes and Comments Page 33 • Ground floor convenience stores such as retail shops. restaurants, grocery stores and ample parking. • An attractive 'village" theme which is inviting and comfortable. • Pedestrian theme with adequate landscaping and lighting. • Minimal automobile traffic within the mixed-use development. • Childcare. • A safe. comfortable environment. ai. Consider allowing higher density housing (increased dwelling units per acre) as a developer incentive to encourage mixed-use development which incorporates public open space. az. Consider requiring mixed-use developers to provide a covenant for public use of open space. a3. Consider increasing floor area ratios (FARs) for particular areas to encourage construction of larger. higher density mixed-use developments. a4. Investigate creative methods of financing mixed-use developments. as. Consider ways to improve the approval process for mined -use development projects. ae. Consider ways to reduce permit fees to simplify the project approval process for nixed -use development. a7. Emphasize the 'Grand Boulevard" concept (mixed use residential and commercial uses) along Stevens Creek Blvd. as. Review existing zoning ordinances and identify parcels which might be appropriate for mixed-use development and higher density housing (see Location and Density section). Page 34 Mites and Carunentts Page 35 Housing Location and Density Notes and CwvneWs A. Develop housing close to work and shops, and accessible to transit. B. Identify locations in the City which might be more suitable for mixed use, employer subsidized and higher density housing. Consider the following possible areas: • Town Center (mixed use) • Tantau between Stevens Creek and Homestead (higher density, employer subsidized and mixed use) • Stevens Creek Market at Foothill and McClellan (mixed use. be sensitive to surrounding residential uses) • Foothill and Stevens Creek (mixed use) • Vallco Village (mixed use. be sensitive to surrounding residential uses) • Crossroads area (mixed use. when it redevelops) • Oaks Shopping Center (efficiency apartments leading to mixed use) • Cupertino Unified School District Site/Collins Aow density near low density areas and high density -mixed use. employer -subsidized) • Ten acres on Homestead near DeAnra (high density, include green space). • Bianchi Way (high density, efficiency apartments). • Various Church sites (to be explored). C. Strive to mix compatible housing densities and types throughout the City rather than segregating them. Housing options A. Provide a wide variety of housing options which includes both rental and ownership housing to serve the housing needs of Cupertino residents and workers. al. Recognizing the current Cupertino housing market, emphasize the construction of more affordable rental housing options to serve seniors. families and singles. include a wide range of rental housing options including 200 square foot efficiency apartments, second or Page 36 D. Consider establishing a "sliding scale" development fee structure with everyone participating except: (1) Developers of -affordable" homes (2) Individual remodeling a single family home (3) Individual building his or her own home U units are provided instead of fees. emphasize rentals. E. Study the feasibility of assessing a transfer tax to people selling their property - funds could be used to help finance affordable housing. F. Explore mortgage revenue bond financing when the City is the vehicle for issuance of bonds. G. Consider inclusionary zoning for apartment projects. Page 38 Notes and Comments ■i li y;r • � ®_sir ®_ --_® �.�� B. Encourage and enhance more retail business and support the businesses that are already established - provide more opportunities for local shopping. (3.66) C. Increase the visibility of existing businesses. (4.16) D. Create incentives for local residents and those that are employed here to shop in Cupertino. (5.33) E. Protect and support local retail business and other small businesses. (5.5) F. Attract regional customers into Cupertino to generate more sales tax. (6.33) • Encourage corporate and retail sales facilities to locate in Cupertino. • Provide a shuttle or van service to shopping areas. • Combine office and retail development to encourage empkryees to shop locally. • Promote private childcare facilities for local employees and shoppers. • Develop a more friendly City/business partnership by reducing bureaucratic diniculties. • Create a more pedestrian friendly shopping erivironment. • Develop an enlarged and improved regional shopping center. • Provide more grocery stores and local services throughout the City. • Make Vallco into a more attractive. viable shopping center along the lines of Stanford or Valley Fair. • Review the sign ordinance to allow enhanced visibility of store signs (not necessarily larger signs.) • Increase visibility by altering storefront landscaping. IdentVU Business Niches A. Encourage the growth of businesses that contribute to City revenue. (1.25) B. Support existing major corporations - encourage their long term presence in Cupertino. (2.87) C. Allow higher density land uses in business areas. (3.37) Mus strategy uws not unanbnous - some committee members felt the cwmt density was sgBkient.) Page 40 Notes and Comments ' i t Encourage the development'of small businesses an se (4012) Conunents1). E. E ®u e a diversity, of business.`t lt,e In. Cupertino - work to attract and sustain clean appr atate ' p eso (5.0) F. Encourage businesses that him local residents. (5025) G. Encourage the growth of non-polluting businesses: retail. R&D and marketing activities, hote and restaurants. (6>1 ) H. T e advantage of e; City's geographic location and competitive. position Inthe Paciftc (&87)` ®Use market.studies to ete abusiness., nichesa ° Change` F t d s for densities. s not unaninwus some tt s je t s sq&fent ..,and thit the costs J Wes- and 114aidi' need to- be- dearly associated with hWher ) ® w ' a le i®no ®Mumilne zon ontrols. ® IdentifY types ofpotential busine so'' a Taxes A. Retain a Tmnsfent Occupancy Tax for the new hotel. (203) B. Increase _ businesslicense fees. (3.6) Co Strengthen user fees. (5a2) D. Respond: to future decrease in investment earnings. (504) Eo Deternitnemliether propertyowners but enough to city revenue. (7.0) ® Considerlop a u o ® to ':. dent Tax for the newhotel. Page 41 • Implement a utility tax. • Implement an entertainment tax (ticket fee). • Increase or implement user fees for municipal activities, facilities. • Establish assessment/maintenance districts. • Establish pollution fees. City Budget A Consider how much revenue is appropriate to raise, establish spending priorities and consider trimming expenses. (4.0) B. Review criteria to evaluate economic development. (4.66) C. Explore joint agency projects which may reduce the City share of expenses. (6.33) • Consider adding a citizen budget review advisory committee. • Explore joint agency projects concerning open space or waste management issues. D. Continue to educate Cupertino residents regarding sources of city revenue. PublicA"vate PO the A 1p A. Encourage more corporate leadership in community affairs and economic development - investigate models that promote community involvement. (4.0) B. Establish a Community Endowment Fund based on lease, sale or joint venture of public land - consider conversion of parking lots. (4.0) C. Work closely with corporations to promote housing, joint use of buildings, mixed use development. (4.1) D. Develop specific joint government/business projects. (4.66) E. Develop an alliance between local government, business and industry. (5.0) Page 42 Notes and Comments aAPPENDIX A EO ABALATEO RICHARD K. ABDALAH C. DONALD ALLEN ANN ANGER DONNA AUSTIN DAVID BAKHMUISE RO NE 8EVERs li EIN, : ALLAN BIDWELL S ON �La��NE ED BLOOM SALLY A. BRENNAN JOSEPH E. , BROWN NANCY BURNETT JAREDPAUL CARLSON STEVEN C CHELL FRANK CHEM; N D. CHOW. NANCY COMBS ALBERT CONRAD GERALD M. COOLEY j OHN D. CRO" _e MARYELLEN ICK LEVENT ° Y LILAA. FIN ILL JANEY - FORES DARYLL FRANCE GORDON W. �FROLICH JOHN GATT® GOALS COMMITTEE MEMBERS ME YE FRANCES B. EDWARD C. GREENE JOHN HAIL.EY JOSEPH HAUSER STEVEN HAZE IOLA L. HENDRICSEN HERMAN HUMANS DARLENE HILLS TA17PING HO`' ROBERT[` HOPKINS MARILYN HOWARD. ILL I j( LINN D. �fH� JOHNK BEEZ MARK DAVM A.. }JONES KE.H'RLI DAVID KLINGER NO.RI KEITH MICHAEL KRAMER MARKR. K.ROL L JA-LIH LEE HELEN S. LEWIS ED LICHTMAN . ALICE J. MAC AL.LIST ER ORRIN MAHONEY JOAN MALESKI CAROL M. MC DOWEL.L, WARREN E. MC DOWELLL, LINDA MC GUIRE ROBERT L. ME YE FRANCES B. MESSENGER PATRICK MMLIGAN ROBERT A. MORRISON DR. SHISHIR K. MUKHERJEE CHARLES E. NE N ALAN PHILLIPS JOHN PLUNGY SHARON L ROPES ANTHONY SAN EILLIPPO BONNIE SCH08NEMANN LEONARD R., SC HWEITZERHOF, JR. TOMMY SHWE RICHARD O SLO MARK SOBOLIK JOHN SOB ° TO SHANNON SOQUI KEITH STATrENFIELD ALAN S fl OCEIR STEVE TING LO INE TOENSFELDT BRUCE ULLMANN JAMES (JIM) WALKER LO INE WEST DAVID G. WHEELER JR. ROBERT WRIGHT AL.AYNE YELLUM PHIL, ZEITMAN ars AR APPENDIX B CHANCE AREA RECOMMENDA*nONS This matrix sunzrnarizes possible land uses for sift potential change areas in the City of Cupertino as et:co nrnended by each of the five Citizen Goals subcomn-dttees. Subcoerunittees are indicated by their initials: Cl (City identity); H (Housingk P (Parks); T (Transportation); ED (Econornic Development) N. ,... g71Aa Setat4Yr��Qye�q;) ff2B.: Other HWsidi Areaas_ ' Di" Di 3':.'tiee`.C$ar4d. ..'z: a .- f�t(srt)t #oma -'E® :., ..:.. _.:..< ...,.....<a. ..:. eB�p�J < .. .:..,. ,,.... .. ....: "< 2, .,. .L, .� O�k3 aattA .i, ::«:.a f3otnlerrd x ®As4zx. Ceatter t ... �.... .... ,. ...... .r 3�<..�: �.., .. x'c ,> . ....^R .. r...: -' •.:i Y @ (4 F7Lt�nd9 �r�PRI• �Ottt ErTQ6 E'v a i Lrtr.K I(WIE'.SC tCL ta9t/' Possible *Institutional/ Residential (Large lots) (CI) Cultural. OpenSpac�x/Rscrestiotta4 `mil/Restaurants:°Iviulti-Family; Offae;midential (permissible but Ketal!/Iiastaurants: residential only Housing; retail, offbcrhotel; Uses to Consider Educational; Public Open Space Retail, Livelrts/, late hour Residential;boutique hotel; office not a priority) (Ci) I—needs above retail: open space (in triangle industrial/manufatnutng (CIXP) 'Agricultural (Cp Residential Cluster (CI) activities (Cr)I(ED) but no bars(T? ()oma priority) (C() (ED) further definition), hotal office/ Mixed residemial/ (CI) An of the aboms, plus provide *Indicates Priority Single faintly homes with Preserve existing guidelines (P) Develop closer planning ties with Mixed use with hotel, residential, commercial (PXHXTXED) greenbelts, open s and' Ispepce(p) neighbarhoodparks/higher dastsityalong 28D DeAnza/aiiowmom intenseuse at the Oaks/" Memorial Parkas shops, open space (P)(H) High density housing the Residential; office; open space; street lewd retail (FXn recreatlonaitusea( XT) corridor/open existing (P) Clarify 'boutique hotel' (H) at school site with open space (ED) All of the above, buten ind./mfg. Move public open spam; mined and hotel should have ametuag Assisted senior housing in existing Wok with DeAnza College to Pedestrian oriented mail/ Light manufacturing (T) uses, with residential above other rooms (ED) buildings; emphasize open space "- discuss uses (H) restaurants. specialty shops, uses (H)(ED) Emphasize housing and rwraittional use. (H) Link Oaks and DeAnza College its landmark, entry stmt, open sem, pprofessional off�e, mf a sirientiat W) Develop village of sem, income housing, and mired use housing/r otsil; provider a range of housing indude lower Privame inatitutional/ed only, moderate office types; PUD's; rmide:ntial m Mixed Luse, affldency apsrunertts development above retail and income housing and eiettz6oI W/ r?+eea needs further discussion > (H) Provide public access and linkages ald¢tg Stevens Cr�k 6aulevsrd miffed; use fl') e:mpk ye a housin • const limiting ir�usesi/mfg:es>courage can't afford open space, inst/ed; frown !fa)lco Patk to Rarncho Sen' 'l lo7el (ED) oaks offices and involvainent in favor cluster, housing over, large lot Antonio Park (P) housing assist. (H) d pmane (ED) Support& enhance retail uses (r) , Intensity Low intensity (CI)(H) Same intensity(C(XPXED) Mormintensity(CIXTXED) Same intensity (allow mom density Moreintemityinhousing and Undecided (CD (More/sante/ Pri number and distribution of residential units) lneesnsity dependent on discussions Variable intensity depending on on Motorola site if traffic impacts am mitigated) (CO retail (CIXHXEDXT) Incransed density could be less) with DeAnza College (P)(H) the parcel (H) tolerated (P)M Sell to the County or deFvekrp it to Increase density if conforming to achieve a positive cash flow (ED) reselection (P); if housing is Incream hissing density and provided GOtin; encotuaga acres tax pprod bassinesm (H) lncee�ase densi (ED) [namse eatsi (ED) Controls Preserve existing Develop overall pian: limit number Provide better pedestrian access; Determine it development should Mitigate trafFx im - initiate a Prohibit officede vebopmeni, Discourage a convention center; tteiatts: ee�ic (Restrictions, buildings (CO of residential units; deveio P encourage mneem. develop more ga be phased or mffirkst driveen; shuttle see and Implement �blish'Sandpils' ratio to stns (ED) to height Units if restrict Mitigate tai (CI) L63tatior4s, architectural controls; effective sigriage (CIXED) prohibit seri malls;prevent P p ,p gingP� Traffic Demand Management allow Town Cent Meedieal Standards) Provide for adequate services: raorgri ze enfisting deny: cl) construction from disrupting Cn:)M) nuasuraes; priwbit Itmie hazardous te$ kip at the al t teach (Ci) I Allow oonv:eraeiaat �pebSilet� st d eieonoretk feasibility of road Prohibit lotud noise (P) traffic liretit buiidin heel ht lo 3 4o feet; Zuca storefront maAufaeturtn� to I. D uses(CI) email the host; albow more height ante cluster homing; study aee�a cap ty"(P) Pmkibitden�opment on ridgclines (CI) (P) (HXT) emphasize traffic mitigations in stories or setbacks; develop architectural/ materials Allow greater height Kndts if links between change areas 3,5A (P) this are; M landscape themes; maintain traffic Ensure that building heights are consistent with currant tan and if for Presiervvt lard in its natural state as Provide public access/link at not less than LS D (CI) sensitive to existing &nasi (P) housing is provided arid. Rate. height c r,.ls, asp (array from single much as possible (H) ts• protect riparian consider an overpass for auras, and Make building heights Consider • recognize that impsees on surrosunding areas are critical )lousing family).NPROVE circulation ( Urniteducatbonal/Institutional lyses to Serninary,balance of corridors (ClXp)(1) Continue use of slope/density aces from Mary Avenue(PXM Develop closer planning ties with compatible to surrounding areas / Provide bicycle and other links to other allowing manufacturing; and dally hazardous materials if they conform with (PMH) 'Traffic mitigation measures for property should be desioped or if sold, it should be kept formula; limit unorthodox use, (H) DeAnza Conege(P)(H) arees of the city; tie into city acquisition efforts (P) safety standards (PMH) Don't prohibit office development; mitigate traffic impacts (T) increased intensity, don't diacoturagecrmvendoncapabi!hiss; sold; under C,eneml Plait restrictions Mitigate traffic impacts (H) D Estnbllsh'sandpildf ratio (ED) Emphasize friendly Encourage saw offbe+rs (H) Allow heights, encourage eseabttsh height limits in conittnctian with the `sandpits' (ED) pedestrian design and connate uses (H) Offset intensity increages by greater mh�d use, give a density bonus for concept M Zone planned developtment to tinciude pork and o space Coordinate with opening of Hwy s; to rdous nir$acturing 5��i�rfng providing open space or residential; require retail at ground level (ED) high gqt�Uty reMUTants a sa2pile ratio of 4:1 areas/protect visually sensitive 85; provide ma�rrking behind retail; M (ED) a and eidgelines/consider provide parking strtuctirre, shuttle; prow cluster housing and mitt of housing rnusgam traffic impacts; LOS E Cf) types (market rata) (H) Prohibit all hazardous matanial and Prohibit single story st i matin. deve�cp manufacturing; have a 4:1 sandpile ratio. a density bonus for eliminate setbacks, architecnrral controls for grve providing open spm: implement height/ themes. mitigate traffic measures (ED) impacts of derveiopmenr(ED) ,� 'yp�.,q �, *� �3�� 1 Hayward continues to grow, both in numbers and diversity. Census `> 2000 figures show that Hayward now has a population of 140,000, up from 111,000 a decade ago. And our community is more diverse, with no single racial or ethnic group forming a majority of the 1980 population. With a growing, changing population, it becomes even more important to establish long-range plans for our City that accurately reflect the desired goals of the community. That is why the City Council initiated this update of the General Plan. Hayward's General Plan was last updated in 1986, and has provided guidance through the Year 2000. The new General Plan will give 1990 guidance for the next twenty years, through the Year 2020. Much has occurred since the 1986 General Plan was approved. Most of the avail- able land has been developed for housing, commercial, industrial or other urban uses. Hayward is now focusing on maintaining and enhancing existing neighborhoods, business districts, and surrounding open space. During this General Plan review process, Hayward has the opportunity 2000 to analyze the implications of "smart growth" principles (see other panels) Population by Race & and to craft policies that encourage the use of these principles in Hispanic Origin long-range planning and development over the coming twenty years. it 02nIC0i Lailn - mna Last fall, as part of the General Plan update process, residents and Ela_1orAfrianAren�n ;« t business owners in the community were asked to identify issues of oqn 4ft a �e� °&r-rr, �Ie ger general concern. During the past six months, the City Council and 5=me other race dG-D -1 OrR Tfdt.'=� Planning Commission have discussed these issues and possible revisions to policies in the General Plan. This workshop provides an opportunity to obtain your views on possible policies that will address the identified issues. Thank you foss your participation! Yp � fi Yr4ty f _fig ayward's housing stock includes a variety of housing types, such as single -family detached homes, mobile homes, townhouses, condominiums, and rental apartments. Recent census data indicate that ` the percentage of housing that is owner-occupied has risen over the past decade. One of the primary issues that must be addressed during this Twin Bridges revision of the General Plan is how to provide an array of housing choices that respond to the needs and interests of our diverse and growing population. If Hayward is to meet its share of the total regional housing need for the Bay Area during the next five years, over 2,800 new dwelling units will need to be built. Atherton Place Although most of the land available for housing has been developed, some vacant land remains available for residential development. In addition, some land is underutilized and may be suitable for more intensive development. Any new development must be carefully A designed because the land includes either parcels already surrounded by existing development or parcels that may have particular physical site Pinnacle City Centre constraints. The types and densities of housing will vary depending on the surrounding residential character and proximity to public transit, major arterials and activity centers. These factors are also important considerations in providing for choices in housing that are affordable to households at all income levels. Mobile Homes '.." .. ;, ....: (2,286 TotalUn'rts) s� 1999 (45,700 Total Units) Doo mingownlConnery Area OG WO 00 Ff fl - Downtown is changing. The new City Hall has provided a focal P } ` The palp, oint of activity and a gateway to the Downtown, inviting residents and visitors to stroll from the BART station into the central business City Hall area. New commercial and residential development has revitalized the area, helping to create a vibrant and active neighborhood. In addition, the older industrial area west of the BART Station is being envisioned as the future home of offices and residences. Both Mission Boulevard and Foothill Boulevard also serve as gateways to the Downtown area. Expansion of the redevelopment area will help in revitalizing these Longs Drugs commercial areas as well. Cannery Area ith the closing of the United Can operations, the area around a � the old Hunts' Cannery is attracting considerable attention. Warehouses are reaching the point of obsolescence. The City is currently Hunt's water Tower reviewing a proposed design plan for the Cannery Area that envisions a new neighborhood with a mix of housing, a new community center, an expanded school and parks, and improved connections with the Downtown and the County governmental center on Winton Avenue. Cannery Area Land Use Plan Proposed Burbank School/ Community Center Concept Newman Park j W— PG&E Greenway w Historic House CommunitFadfities&Amenk's ssues surrounding schools include concerns about the continued use of portable classrooms to accommodate increasing enrollments, the need to construct new permanent facilities to replace aging facilities, and the need to consider a variety of options in providing for the necessary facilities. Desires have been expressed by various segments of the community to have the schools enhance their function as multi-purpose community centers, providing a variety of community services, recreational activities, and cultural amenities, which are accessible to and benefit a cross-section of the community. Hayward is experiencing more intensive development as land is redeveloped over time. It may be desirable to consider more, smaller parks to adequately serve existing neighborhoods as well as new infill housing developments. More usable open space could also be gained through completion of the PG&E Greenway. In addition, consideration could be given to provision of alternative recreational facilities as a condition of approval for new development. Historic preservation can play an important role in enhancing the character of the community. Some buildings have been officially recognized as architecturally and/or historically significant structures. There is a need to conduct a comprehensive survey of historic resources and perhaps consider establishment of an historic district near the Downtown area. Pepsi Industrial Corridor Industrid Corridor or over 40 years, the industrial area in western and southern Hayward has attracted warehouse and distribution facilities due to its easy access and central location within the East Bay. Today, these same qualities, along with relatively cheaper land, are attracting high-tech and other firms looking for alternatives to high-priced San Francisco and the Silicon Valley. New fiber optics and supporting business amenities are assisting in bringing the "new economy" to Hayward. To further aid in this transition, the City is looking at ways to better accommodate the differing needs of new campus -style high-tech uses and traditional manufacturing and warehousing uses, perhaps through the establishment of separate zoning districts. The Industrial Corridor also includes several areas that function as important gateways to the city. The Point Eden area along Route 92 at the eastern end of the Hayward -San Mateo Bridge is attracting increased interest from the development community. The new Eden Shores complex along Hesperian Boulevard, containing a mix of mid -rise office and research and development uses, a new sports park and housing developments, will enhance that southern entry into the city. Other opportunities for more intensive development exist along Industrial Parkway on both sides of the Nimitz Freeway. 0 r:.�, , a y� �_� uSc 3 e� $,m 0 M��s§,n Boulevard Corridor providing a population base to support resident -serving commercial activities, and locating housing near public transit to encourage its use. South Hayward BART Station Are® ' m his area has seen considerable residential development, but not South Hayward BART Station much supporting retail businesses and even less in the way of parks and other amenities. With expansion of the redevelopment area, attention will be directed at revitalization of the area. Opportunities still exist within walking distance of the BART station to accommodate "transit -oriented" development. Remaining vacant and underutilized properties, including land east of Mission Boulevard, will be evaluated as South Hayward BART Station Vicinity part of a plan for the area. 4 Missi®n R®ulev®r/Aut® Row ayward's quintessential commercial strip is soon to become the £ focus of renewed attention. With expansion of the redevelopment tools be businesses area new will available to help property owners and Auto Row and the city make long -desired improvements. Streetscape improve- ments and undergrounding utilities are high on the list. Locating auto dealers closer together and providing adequate sites for their operations is also a high priority. New housing is also envisioned in selected locations. Well-designed high-density housing clusters along Mission Boulevard would help to revitalize the area by providing needed ownership and Hampton inn rental housing, upgrading the appearance of the street frontage, providing a population base to support resident -serving commercial activities, and locating housing near public transit to encourage its use. South Hayward BART Station Are® ' m his area has seen considerable residential development, but not South Hayward BART Station much supporting retail businesses and even less in the way of parks and other amenities. With expansion of the redevelopment area, attention will be directed at revitalization of the area. Opportunities still exist within walking distance of the BART station to accommodate "transit -oriented" development. Remaining vacant and underutilized properties, including land east of Mission Boulevard, will be evaluated as South Hayward BART Station Vicinity part of a plan for the area. 4 Mixed Use hat is Smart Growth? While there is no single definition that everyone embraces, there are certain common elements. Typically, smart growth fosters development that revitalizes central cities and suburbs, supports and enhances public transit, and preserves open spaces and agricultural lands. Smart growth creates communities that are more livable by developing efficiently within the already built environment. In Hayward, various planning efforts are underway that seek to implement smart growth principles. • Promote a mix of land uses • Encourage compact building design • Create a range of housing opportunities and choices ® Create walkable neighborhoods • Foster distinctive, attractive communities with a strong sense of place • Encourage community and stakeholder collaboration in development decisions 4 j 3 44AYWARD he Circulation Element, more recently adopted in 1998, addresses all modes of transportation, including automobile, transit, bicycling and walking. Additional revisions may be appropriate to further the goals of encouraging alternative transportation modes. AC Transit is Downtown BART Station currently considering revamping of its bus routes in the central Alameda County area, and has already begun a new route to connect transit y stations and the Industrial Corridor. Additional bicycle lanes are being planned in various locations. The rehabilitation of sidewalks and their function in the overall design of the streetscape has become of increasing :. importance. Auto and truck access to and from the Industrial Corridor Amtrak remains a very critical issue, as is needed funding for specific improvements. v Principles of smart growth call for greater attention to the design s'.. of streets and the overall streetscape and consideration of how these .`f aspects can contribute to the creation of more livable neighborhoods. Discussions on design of the street right-of-way have focused on the need Bikeway Plan for coordination with the provision of sidewalks and bikeways and consideration of pedestrian safety and landscaping concerns. In recent I WO years a variety of "traffic -calming" measures (such as speed humps traffic g ile gA, circles, lighted crosswalks) have become popular as ways to address issues of speeding traffic and pedestrian safety. It is possible that other such Soto Road streetscape measures may be appropriate in Hayward. _e_ I�`� � Green Building Policy City of San Jose Facilities Green Building 1. Purpose The purpose of a Citywide policy on green building is to demonstrate the City's commitment to environmental, economic, and social stewardship, to yield cost savings to the City taxpayers through reduced operating costs, to provide healthy work environments for staff and 'visitors, and to contribute to the City's goals of protecting, conserving,- and enhancing the region's environmental resources. Additionally, the City helps to set a community standard of sustainable building. 2, Organizations Affected All City departments and offices and their contractors responsible for financing, planning, designing, developing, constructing and managing City -owned facilities and buildings. 3. Definitions Green Building Green building refers to those practices that promote occupant health and comfort while minimizing negative impacts on the environment. There are different degrees of "green- ness". Often it is necessary to strike a balance between many different, sometimes conflicting, "green" options based on the particular conditions of a given project. For instant, a proper strategy for a retrofit project may differ from that for new construction. A green building can be defined as any building and environ that is sited, designed, constructed, operated and maintained for the health and well being of the occupants and with minimal impact on the environment. Typical green building measures include: ■ Solar site orientation ■ Links to public transportation and other alternative transportation venues, such as bicycles and alternative -fueled vehicles ■ Use of recycled, recyclable, sustainably managed, re -used and local materials ■ Energy efficient design and building materials ■ Use of energy efficient appliances ■ Use of renewable energy ■ Daylighting and other forms of efficient lighting ■ Water -efficient landscaping utilizing native plants ■ Use of recycled water for landscaping ■ Water -efficient plumbing fixtures ■ Shade trees used for reducing cooling and heating load ■ Use of light-colored reflective roofs to reduce cooling load. Page 2 of 4 The City's interdepartmental Green Building Team, under the ESD, shall be responsible _ for reviewing and updating the City portion of the LEED reference manual. annually, for helping provide technical expertise on specific sustainable building issues on a case by case basis, and coordinating LEED training programs. 6. Budgeting and Financing All capital construction which falls under this policy will be expected to budget to meet at minimum the LEED Silver rating. Budget planning and life cycle cost analysis to achieve a higher rating of gold or platinum is encouraged. 7. Training City capital project managers and Public Works architectural design staff currently managing or likely to manage projects which fit the criteria in Section 4 shall be responsible to attend introductory LEED training and annual follow-up training. LEED training will be coordinated through the Environmental Services Department and/or other sponsoring departments. 8. References • Innovative Design and Environmental Analysis Service. Innovative Design and Envirommnental Analysis Service, City of San Jose, Environmental Services Department. • Riparian Corridor Policy Study. City of San Jose, ESD, May 1994, revised March 1999. • Report on Santa Clara Valley Urban Runoff Program Stormwater Permit. From Carl W. Mosher to Transportation and Environment Committee. November 3, 2000 • City of San Jose. City Council Policy — Outdoor Lighting on Private Developments. June 20, 2000. • Commercial Design Guidelines. City of San Jose Department of City Planning , May 1990 • City of San Jose — ESD — Land Use • http://www.ci.san-jose.ca.us/esd/A-LE-Land.htm • City of San Jose - Planning Department, Zoning Code • http://www.ci.san-jose.ca.us/planning/sjplan/zoning.htm • City of San Jose Planning Department • htIL)://Nvww.c.i.san-iose.ca.us/i)lanning/sjpl,-tn/dev storm.htn.1 • Chen, Cliff. Green Building Program. Guidelines and Incentives Option Study. Environmental Services Department, April 2000. • Lynch, Gary. Personal Communication, November 15, 2000. • City of Seattle -Sustainable Building Policy Page 4 of 4 Sustainable Sites: City of San Jose LEED Supplement Site Credit 2: Urban . Redevelopment 1 point Site Credit 3: Brownfield Redevelopment 1 point Site Credit 4: Alternative Transportation 1-4 points LEED v2.0 Credit Requirement: Increase localized density to conform to existing or desired density goals by utilizing sites that are located within an existing minimum development density of 60,000 square feet per acre (2 story downtown development). SUMMARY OF CITY OF SAN JOSE STANDARDS LEED v2.0 Credit Requirement: Develop on a site classified as a brownfield and provide remediation as required by EPA's Brownfield Redevelopment program requirements. SUMMARY OF CITY OF SAN JOSE STANDARDS LEED v2.0 Credit Requirement: • Locate building within 1/i mile of a commuter rail, light rail or subway station or 1/4 mile of 2 or more bus lines. (1 point) • Provide suitable means for securing bicycles, with convenient changing/shower facilities for use by cyclists, for 5% or more of building occupants. (1 point) • Install alternative -fuel refueling station(s) for 3% of the total vehicle parking capacity of the site. Liquid or gaseous fueling facilities must be separately ventilated or located outdoors. (1 point) • Size parking capacity not to exceed minimum local zoning requirements AND provide preferred parking for carpools or van pools capable of serving 5% of the building occupants, OR, add no new parking for rehabilitation projects AND provide preferred parking for carpools or van pools capable of serving 5% of the building occupants. (1 point) SUMMARY OF CITY OF SAN JOSE STANDARDS Transportation Systems Management/Transportation Demand Management Ordinance (TSM/TDM) 5C2. A minimum of 10 % of parking spaces should be reserved and clearly marked for the exclusive use of carpool/vanpool vehicles 5C3. Convenient access to building entrances from carpool/vanpool parking should be provided 5E Clearly defined pedestrian access should be provided from light rail stations and bus stops to primary building entrances and/or employee entrances to minimize walking distances from transit facilities. MUNICIPAL CODE 20.90.220 Reduction in Required Off -Street Parking Spaces A. Alternative Transportation A reduction. in the required off-street parking spaces of up to ten percent (10%) may be authorized with a Development Permit for structures of uses located within 2,000 feet of a proposed or an existing rail station, and areas designated as neighborhood business districts in the City's General Plan. If no Development Permit is required, a development exception may authorize a reduction. Draft Zoning Ordinance - Bicycle and Motorcycle Parking Standards u Sustainable Sites. Cit ®f San Jose LEER Supplement Sustainable Sites: City of San Jose LEED Supplement Site Credit 7: Landscape and Exterior Design to Reduce Heat Islands 1-2 points Site Credit 8: Light Pollution Reduction 1 point Construction projects which disturb an area of five acres or more must obtain coverage under the General Construction Activity Stormwater Permit (General Construction Permit) issued by the State Water Resources Control Board (SWRCB) for storm water discharges associated with construction activity. To obtain coverage under the General Construction Permit, a Notice of Intent must be filed with the SWRCB. The General Construction Permit requires the preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP must identify BMPs to reduce pollutants in storm water discharges from construction activities. LEED v2.0 Credit Requirement: Provide shade (within 5 years) on at least 30% of non -roof impervious surface on the site, including parking lots, walkways, plazas, etc., OR, use light-colored/ high - albedo materials (reflectance of at least 0.3) for 30% of the site's non -roof impervious surfaces, OR place a minimum of 50% of parking space under -ground OR use opdn-grid pavement system (net impervious area of LESS than 50%) for a minimum of 50% of the parking lot area. (1 point) Use ENERGY STAR Roof compliant, high -reflectance AND low high emissivity roofing (initial reflectance of at least .65 and three -year -aged reflectance of at least .5 when tested in accordance with ASTM E408) for a minimum of 75% of the roof surface; OR, install a "green" (vegetated) roof for at least 50% of the roof area. (1 point) SUMMARY OF CITY OF SAN JOSE STANDARDS Cool Communities (INCENTIVE program in development) Adoption of program strategies for light colored roofs, cool paving and shade trees. Develop recommendations for City Council. Implement contracts for rebates and financial incentives for specific measures by Spring 2001. LEED v2.0 Credit Requirement: Do not exceed Illuminating Engineering Society of North America (IESNA) footcandle level requirements as stated in the Recommended Practice Manual: Lighting for Exterior Environments, AND design interior and exterior lighting such that zero direct -beam illumination leaves the building site. SUMMARY OF CITY OF SAN JOSE STANDARDS CITY COUNCIL POLICY Outdoor Lighting on Private Developments The use of low-pressure (LPS) sodium lighting for outdoor, unroofed areas shall be required for all private development in the City of San Jose as a condition of approval on all Land Use Development Permits. Below are the parameters for such lighting: • No light source shall be directed skyward. • All Light sources that produce more than 4,050 lumens shall be fully shielded (full cutoff) to prevent light aimed skyward. • All light sources that produce less than 4,050 lumens must be at least partially shielded. Draft Zoning Ordinance — 20.40.530 Lighting A. All lighting or illumination shall conform with any lighting policy adopted by the City Council B. Light fixture heights should not exceed eight (8) feet when adjacent to residential uses unless the setback of the fixture from property line is twice the height of the fixture. No ground mounted light fixture shall exceed twenty-five (25) feet Any lighting located adjacent to riparian areas shall be directed downward and away from riparian areas. Water Credit 2 Energy and Atmosphere: City of San Jose LEED Supplement Energy Prerequisite 1: Fundamental Building Systems Commissioning Energy Prerequisite 2: Minimum Energy Performance Energy Prerequisite 3: CFC Reduction to HVAC&R Equipment Energy Credit 1: Optimize Energy Performance 2-10 points LEED v2.0 Credit Requirement: Implement all of the following fundamental best practice commissioning procedures. • Engage a commissioning authority: • Develop design intent and basis of design documentation. • Include commissioning requirements in the construction documents. • Develop and utilize a commissioning plan. • Verify installation, functional performance, training and documentation. • Complete a commissioning report. SUMMARY OF CITY OF SAN JOSE STANDARDS LEED v2.0 Credit Requirement: Design to meet building energy efficiency and performance as required by ASHRAE/IESNA 90.1-1999 or the local energy code, which ever is the more stringent. Analyze expected baseline building performance using the System/ Component Method. SUMMARY OF CITY OF SAN JOSE STANDARDS LEED v2.0 Credit Requirement: Design to meet building energy efficiency and performance as required by ASHRAE/IESNA 90.1-1999 or the local energy code, which ever is the more stringent. Analyze expected baseline building performance using the System/ Component Method. SUMMARY OF CITY OF SAN JOSE STANDARDS LEED v2:0 Credit Requirement: Reduce design energy cost compared to the energy cost budget for regulated energy components described in the requirements of ASHRAE/IESNA Standard 90.1-1999, as demonstrated by a whole building simulation using the Energy Cost Budget Method described in Section 11. New Bldgs_ Existing Bldgs Points 20% 10% 2 30% 20% 4 40% 30% 6 50% 40% 8 60% 50% 10 Regulated energy components include HVAC systems, building envelope, service hot water systems, lighting and other regulated systems as defined by ASHRAE. SUMMARY OF CITY OF SAN JOSE STANDARDS Energy efficient design guidelines, entitled Innovative Design and Environmental Analysis Services, were developed for use in the design of new construction of facilities in 1991. The goal of the IDEAS Program is to improve energy performance of buildings beyond state standards. The guidelines relate relevant design considerations, expected energy and operating expense savings, first cost, and estimated simple payback. (GUIDELINES) Energy Credit 4: LEEID v2o0 Credit Requirement: Elimination of In addition. to the Fundamental Building Commissioning prerequisite, implement the FICFCs and following additional commissioning tasks: f . Halons 1. Conduct a focused review o£ the design prior to the construction documents phase. Conduct a focused review of the `construction documents when close to completion. point2. quipment: - 3. Conduct a selective review of contractor submittals of commissioned equipment,.:...,, 4. Develop a system and energy management manual. 4. 5. have a contract in place for a near-warranty end or post occupancy review. Items 1,2, and 3 must be performed by someone other than the: designer. SUMMARY OF CITY OY SAID JOSE STANDARDS Energy Credit e LEED v2o® Credit Requirements Comply with the installed equipment requirements for continuous metering as stated in Option B: Methods by Technology of the USI�QE's international Performance Measurement and Measurement and Verification Protocol (IPMVP) for the following: Verification ® bighting systems and contras. I point Constant and Variable motor loads. ®.tlariable frequency drive (VFD) operation. . �. ® Chiller efficiency at variable loads (kW/ton). ® Cooling load..... . ® Air and water economizer and heat recovery cycles. ® Air distribution static pressures and ventilation air volumes. Energy and Atmosphere: City of San Jose LEED Supplement Energy Credit 6: Green Power 1 point LEED v2.0 Credit Requirements (continued): • Boiler efficiencies. • Building specific process energy efficiency systems and equipment. • Indoor, water risers and outdoor irrigation systems. SUMMARY OF CITY OF SAN JOSE STANDARDS LEED v2.0 Credit Requirements: Engage in a two year contract to purchase power generated from renewable sources that meet the Center for Resource Solutions (CRS) Green -E requirements. SUMMARY OF CITY OF SAN JOSE STANDARDS The City has issued a Request for Proposal for the purchase of renewable electrical energy (green energy)_for use in its City facilities. Materials and Resources: City of San Jose LEED Supplement Materials Credit 4: Recycled Content 1-2 points Materials Credit 5: Local / Regional Materials 1-2 points Materials Credit 6 Rapidly Renewable Materials 1 point Materials Credit 7: Certified Wood 1 point LEED v2.0 Credit Requirements: • Specify a minimum of 25% of building materials that contain in aggregate a minimum weighted average of 20% post -consumer recycled content material, OF., a minimum weighted average of 40% post-industrial recycled content material. (1 point) • Specify an additional 25% (50% total) of building materials that contain in aggregate, a minimum weighted average of 20% post consumer recycled content material, OR, a minimum weighted average of 40% post-industrial recycled content material. (1 point) SUMMARY OF CITY OF SAN JOSE STANDARDS LEED v2.0 Credit Requirements: • Specify a minimum of 20% of building materials that are manufactured regionally within a radius of 500 miles. (1 point) • Of these regionally manufactured materials, specify a minimum of 50% that are extracted, harvested, or recovered within 500 miles. (1 point) SUMMARY OF CITY OF SAN JOSE STANDARDS LEED v2.0 Credit Requirements: Specify rapidly renewable building materials for 5% of total building materials. SUMMARY OF CITY OF SAN JOSE STANDARDS LEED v2.0 Credit Requirements: Use a minimum of 50% of wood -based materials certified in accordance with the Forest Stewardship Council guidelines for wood building components including but not limited to framing, flooring, finishes, furnishings, and non -rented temporary construction applications such as bracing, concrete form work and pedestrian barriers. SUMMARY OF CITY OF SAN JOSE STANDARDS State of California Gray Davis, Governor Governor's Office of Planning and Research Tal Finney, Interim Director 1400 Tenth Street Sacramento, CA 95 814 916-322-2318 State Clearinghouse Director: Terry Roberts Lead Editor: Brian Grattidge Assistant Editor: Anya Lawler October 2003 Please feel free to reproduce all or part of this document. You need not secure permission; we ask that you print it accurately and give credit to the Governor's Office of Planning and Research. This document is available on the Internet at http://Www.opr.ca.gov. Acknowledgements CONTRIBUTING AUTHORS: ♦ Julia Lave Johnston, California Research Bureau, Chapter 8 ♦ Jeff Loux, Ph.D., Land Use and Natural Resources Program, U. C. Davis Extension, Optional Water El- ement (Chapter 6) ♦ Paul McDougal, Department of Housing and Com- munity Development, Housing Element (Chapter 4) OPR STAFF: ♦ Bonnie Chiu ♦ Frank Ramirez OPR INTERNS AND ASSOCIATES: ♦ Rebecca Farrington ♦ Becky Frank ♦ Aaron Bock REVIEWERS OPR would like to thank everyone who reviewed and commented on the preliminary draft of this publication. We would also like to thank the following individuals for their support and professional advice: ♦ Daniel J. Curtin, Jr., Bingham McCutchen LLP ♦ Laura Hall, Fisher & Hall Urban Design ♦ Nancy J. Hanson, California Energy Commission ♦ Gregory King, California Department of Transpor- tation ♦ Larry Mintier, J. Laurence Mintier and Associates ♦ Romel Pascual, California Environmental Protec- tion Agency 4 General Plan Guidelines ♦ Elizabeth Patterson, California Floodplain Manage- ment Taskforce ♦ Alison Pernell, Local Government Commission ♦ Nancy Pfeffer, Southern California Association of Governments ♦ Shankar Prasad, California Air Resources Board ♦ Cecily T. Talbert, Bingham McCutchen LLP ♦ Linda Wheaton, California Department of Hous- ing and Community Development In addition to the individuals named above, we would like to thank for the following state agencies for their contributions: ♦ California Air Resources Board ♦ California Energy Commission ♦ California Environmental Protection Agency ♦ California Integrated Waste Management Board ♦ California Resources Agency ♦ Department of Conservation ♦ Department of Forestry and Fire Protection ♦ Department of Housing and Community Development ♦ Department of Parks and Recreation ♦ Department of Toxic Substances Control ♦ Department of Transportation ♦ Department of Water Resources The 2003 General Plan Guidelines is an update of the 1998 edition, written by Antero Rivasplata and Gregg McKenzie, whose contributions are gratefully acknowl- edged. Table f Contents [ntroduction'. oes'S.W04 eWes @@@@a Go 000000 GOOD@ @gooses el goes@ 9 00000 Goes@ a@@@ so a a goosas @ease 000000 M' le st 0. nes-.,,,,. CF- a' iif., r n ia..`s: Planning t';aw,0o:.,.,o..o . ............................. ioo.00 ... o ....... .. P.000 ...... ..�o.o ...... o ...e .... 000 ........ 9 Cha P, r P! h B 00410 a 10 .... ... .............. a ......... 00.0 ... oe.......................,.......:............10 .... . ................... Comprehensiveness ...... o ..........................e.............,.,..........................` I ................. 1 ....... internal. ',............ ........................ 1 . , Cb.nsis'tency ............... : ......................... ow...a .......... o.o .... 12, LongTerm Perspective.. ........................... i ....... o .................................... a ....................... I ...... o.1 .......... .............. 13 Defining ,the Parts- ,of ethe':G,. neral Plaw oo..o—oo..O.....................................a................................ . o.... 14 CO3 M m u-inity, Pf' i` Ar4 F - nis, a fi tPlans , 'F� ...................... ...... i o' ....... o ... oo ...... o..o.o ... o.o.o ..... o.o ..... oo.o ..... i o a nd,15"ped 17 -,,,, o Flexibility .o.00. 000—oioo .......... o .... 17 -al Plan and Joint Adopt ..... ............ Adoption of A-hldth-er-,J,Iuri5dictid.n��'6 0 10,11 ..................................... 18 R e I i Mal eye -opment and Env ronme Jl s, U tice 20 Susta i nab le,� D'evelop.m.-ent .... ................... ........... .... 20 d Enivir drimental'.1 Ake: ............................... o ..... ............... ..... .......................... 22 Transit,40'ri nte.,d-',,- D e -v oprne nt ........ .................................................. .... 28 repa. --g-, n a an� Cha' pte,Ir: 3''(0: P n a, dArn'OndIng the Gener IfIJI, TheWo*Prograrn .'j ............... o ................... o .... o..o ........................................... I ...... oi ........... o.... ............ o ....... 32 FormulateGoals ............................wo.:.e......................................,..............e....,.,.:...e.....o—G0000-.eoos00000c000 35 .. 6-100— 000000 00000000000,900006i *Goo* Go* 000,660 000086 Collect.,',and Anali, �00000000io.—o....- Analyze Data 36 Refine. ls� and Dtt r ,iih& O.b. e-c-TivVe ,e m 42 Developing andEvaluating:. Alternativ"6.Pa ns .................. o ......... o ........ o..—e ............. ...................................... . 43 Selo-cting.,?IM: .............................. ........................ 43 Implementing:1.the .,General P[dn.! ................... 0 ............. 0 ................................... o ...... o.1001,10090000000000oo 000000000.00.o ..... 46 ............................................ General Plan Arnen fte.nts ......47 E p Cha �ni wwwwwe®®®®® 0 ®®®®®®®®®®®®®®®®®®®®®®®®®®®®®® 48 tO 4.,,, Rp-,4.u; r0-41' 11"'i"imb t-�,,s- :r Relationships Among ,Elements ,--and "ssues. o .... o ...............................oo ..... 48 .: Land Useflernent-o...... ..... o..o ........ .................. o..6 ...... o .......... ............. 000..... ool.......00 ...... o ............. . o ........................ o. 49 Circulation, Element ..... . o..... o ...... o....'s ....... A—,— .... ....................... 00 ..... o ......................... 0 ........ ... o..o ..... 0 ..... 0 ......... 55 Housing: Element ............. ............... ........... oo.00..o .......e.....o .... k ............... o . ............... o.o..o.o ..... 61 ConservatiOn'...E1.6ment ................... ............................. o .... o..o ................... o ....... ................. o.o ..... 75 .................. oee. a i a o o'6 �-6,o 6 6-0.006—D000000so—Doo 0000000000000-os00000 Open,�;Spate flement ........ ....... ow. ..... 82 Noise Elern- ent ocoo.00Doo, oo—D000000—000s000000 o600—o—osooso-6-4 ........ 87 Safety o ..... 000—ocoo—oos000000eo 90 Cha ter -5'.': Forfitatanpd.", kill" M Intea' r aff on. P 98 fl n,c �o—*** Equal Status �,�larld' I' terna:[ CG'.nsist-e 98 General- Plan Guidelines 5 ElementConsolidation................................................................................................................................... 98 Styleand Presentation................................................................................................................................. 100 Chapter 6: Optional Elements.............................................................102 AirQuality.................................................................................................................................................... 102 Capital Improvements/Public Facilities........................................................................................................ 104 CommunityDesign....................................................................................................................................... 107 Economic/Fiscal Development...................................................................................................................... 109 Energy..........................................................................................................................................................112 FloodManagement...................................................................................................................................... 116 Geothermal.................................................................................................................................................. 122 ParksAnd Recreation....................................................................................................................................126 Water............................................................................................................................................................ 128 Chapter 7: CEQA and the General Plan .................................................136 EIRPreparation............................................................................................................................................. 136 Timing.......................................................................................................................................................... 137 PublicReview of the EIR............................................................................................................................... 137 Adoptionand Certification...........................................................................................................................138 Programand Master EIRs............................................................................................................................. 138 Combining the General Plan and its EIR....................................................................................................... 140 Findings........................................................................................................................................................ 140 Mitigation Monitoring and Implementation................................................................................................ 140 Master Environmental Assessment............................................................................................................... 141 Exemptions.................................................................................................................................................. 141 Chapter8: Public Participation ...........................................................142 EnvironmentalJustice.................................................................................................................................. 142 Goalsand Outcomes.....................................................................................................................................142 ProcessDesign.............................................................................................................................................. 143 Tools............................................................................................................................................................. 144 Chapter 9: Implementing the General Plan .........................................149 Zoning.......................................................................................................................................................... 149 SpecificPlans................................................................................................................................................ 152 SubdivisionRegulations............................................................................................................................... 153 CapitalFacilities............................................................................................................................................154 Redevelopment............................................................................................................................................ 155 DevelopmentAgreements............................................................................................................................156 Building and Housing Codes..................................................................................................... .................... 157 Acquisition................................................................................................................................................... 157 6 General Plan Guidelines Prefere.ntOalt PropertyvTax Assessments........................................................................................................ 158 LandTrusts,':.................................................................................,...... ......,....,e.......................................... 161 Transportation` System Maoagement....... ......... ...... .......................... ........... ...... ..... ....a..... .... o -lo .o—oo......... 161 Infrastructure Funding= Mech;anisrns.................................................................:.............................o..,... 161 Transportation Financing M:ethods....... .....................................o....e;..e............e..,......................... ......e... 163 ConsistencT. n Im-plementat�on , ............ ,. 164 ZoningConsistency ............... ......................e,.......... . 0 ... 0 .0.....0...0...0. . . 165 Enforcement and Remedies..............................................e..........,.,.,.......................,..e....e.,....,..............e.. 167 Annua'LProgress .......; Reports0000.... ...... 168 rhm so as@Goes®®® .. Calif ornsa Coastal Act....e.................. .. . ..... e.........,... .. . . . 174 g: . ................ .. . . Surface.,Minin an`d Reclamation Act......e . 176 California Integrated Waste Management Act.....................e....e....................................................e...........a.. 180 County Hazardous Waste Management Plans —......0.........................0.....:.....,.........o.......e,....,............ 182 Alquist .Priolo Earthquake Fault Zoning Act....e.............................................a,............,.,....,,,................... 183 _ Seisnnic Hazards Mapping Act .......:...........ee..................................e.......:................a........... o................. 184 . Cobe -A1 `I A Flood lain Mana ernent:Act ..e.e... 0000.. .......... yq p g ;....:........................... ......a............... .e............... 185 ........,.................e...............e......ee .......,.,.........,........ ,.,...e,.........e Airport Land Use Commission Law e .... . 185 Cortese Knox Hertzberg Local Government Reorganization Act of 2000 ................................................... 186 `.Regional Transportation=Planning . ............. 0000 ..... .............. ..........,.....188 .,, ................................. ........... .............. .. 0000... Endangered Species Laws ..................... ..., 189 1Netlands,P"rotection.........................................e.............................,...........,......,..........,............,.....a....,... 196 Air Q.ualoty ........ 0000.. .....199 Water-Quality.................e......................e........e.....................e.,.. ....e.... 0000....... ..... ...... .... .. e......... 200 Delta: Introduction Each city and county in California must pre- pare a comprehensive, long term general plan to guide its future. To assist local govern- ments in meeting this responsibility, the Governor's Office of Planning and Research is required to adopt and periodically revise guidelines for the preparation and content of local general plans (Government Code §65040.2). The 2003 edition of the General Plan Guidelines supercedes all previous editions. Important changes since the 1998 edition include the following: ♦ Guidance for addressing environmental justice in the general plan. ♦ Guidance on developing optional water and energy elements. ♦ Expanded guidance on public participation in the development of the general plan. ♦ Revised and expanded housing element guidelines. ♦ Guidance on developing optional water and energy elements. ♦ Expanded guidance on consolidation of individual general plan elements. ♦ Suggested reporting formats for the annual general plan progress report. The 2003 edition of the General Plan Guidelines is the first to incorporate an extensive public review pro- cess. OPR hosted a series of forums in early 2002 to gain preliminary input into the General Plan Guide- lines. A preliminary draft of the revised General Plan Guidelines was available for public review from Octo- ber through December, 2002. Two public hearings were held in Sacramento in December, 2002, with telecon- ference links to Eureka, Alameda, Bakersfield and San Diego. A second draft was released in July 2003 for a 30 day review period. The final document reflects many of the suggestions received by OPR during this pro- cess. This document is arranged into the following chap- ters. Chapter 1 provides an overview of the general plan. Chapter 2 provides guidance on integrating environ- 8 General Plan Guidelines mental justice into the general plan, and relates envi- ronmental justice to the broader issue of sustainable development. Chapter 3 outlines how to prepare or re- vise the general plan within the framework of planning law. Chapter 4 elaborates on the statutorily required gen- eral plan elements, citing relevant court interpretations and Attorney General opinions. Chapter 5 discusses for- matting options for the general plan and opportunities for element integration and consolidation. Chapter 6 offers suggestions on preparing selected optional ele- ments and includes new guidance for energy and water elements. Chapter 7 reviews the California Environmental Quality Act's integral role in the general plan process. Chapter 8 discusses the role of public participation in the general plan process. Chapter 9 discusses a wide range of general plan implementation techniques and offers suggestions on how to prepare the required annual general plan imple- mentation report. Chapter 10 explains the local general plan's rela- tionship to other statutory planning requirements, such as the California Coastal Act, the Seismic Hazards Act, and the federal and state Endangered Species Acts. The General Plan Guidelines concludes with sev- eral appendices, a glossary, and a bibliography of both printed and on-line planning references. The General Plan Guidelines is advisory, not man- datory. Nevertheless, it is the state's only official docu- ment explaining California's legal requirements for general plans. Planners, decision-making bodies, and the public depend upon the General Plan Guidelines for help when preparing local general plans. The courts have periodically referred to the General Plan Guide- lines for assistance in determining compliance with planning law. For this reason, the General Plan Guide- lines closely adheres to statute and case law. It also relies upon commonly accepted principles of contem- porary planning practice. When the words "shall" or "must" are used, they represent a statutory or other le- gal requirement. "May" and "should" are used when there is no such requirement. fi 970 "" Conser_vation and; open -space elements required in the general plan. 9976 Safety.,se smic safety; noise, and scenic highway elements ,required in the general plan., CHAPTER I General Plan Basics All statutory references are to the California Government Code unless otherwise noted alifomia state law requires each city and county to adopt a general plan "for the physi- cal development of the county or city, and any land outside its boundaries which bears relation to its planning" (§65300). The California Supreme Court has called the general plan the "constitution for future development." The general plan expresses the community's development goals and embodies public policy relative to the distribution of future land uses, both public and private. As will be discussed in Chapter 9, the policies of the general plan are intended to underlie most land use decisions. Pursuant to state law, subdivisions, capital improvements, development agreements, and many other land use actions must be consistent with the adopted general plan. In counties and general law cit- ies, zoning and specific plans are also required to con- form to the general plan. In addition, preparing, adopting, implementing, and maintaining the general plan serves to: ♦ Identify the community's land use, circulation, en- vironmental, economic, and social goals and poli- cies as they relate to land use and development. ♦ Provide a basis for local government decision-mak- ing, including decisions on development approvals and exactions. ♦ Provide citizens with opportunities to participate in the planning and decision-making processes of their communities. ♦ Inform citizens, developers, decision -makers, and other cities and counties of the ground rules that guide development within a particular community. COMPREHENSIVENESS Every city and county must adopt "a comprehen- sive, long term general plan" (§65300). The general plan must cover a local jurisdiction's entire planning area and address the broad range of issues associated with a city's or county's development. Geographic Comprehensiveness The plan must cover the territory within the bound- aries of the adopting city or county as well as "any 10 General Plan Guidelines land outside its boundaries which in the planning agency's judgment bears relation to its planning" (§65300). For cities, this means all territory within the city limits, both public and private. Counties must ad- dress all unincorporated areas. When establishing its planning area, each city should consider using its sphere of influence as a starting point. The Local Agency Formation Commission (LAFCO) in every county adopts a sphere of influence for each city to represent "the probable physical boundaries and service area" of that city (§56076). Although there is no direct requirement that the sphere and the planning area match, the former provides a convenient measure of the city's region of interest. A county should consider the general plans of every city within the county in its own plans. City planning poli- cies may be reflected in the county plan in various ways. The county plan may discuss city policies in the broad context of countywide policy. It may summarize city poli- cies while laying out the county policies for the surround- ing unincorporated area. It may examine city policies in the context of community plans that it has adopted for the surrounding unincorporated areas. In addition, since issues are not confined to politi- cal boundaries, the law provides for planning outside of the jurisdiction's territory. Cooperative extraterrito- rial planning can be used to guide the orderly and effi- cient extension of services and utilities; ensure the preservation of open space, agricultural, and resource conservation lands; and establish consistent standards for development in the plans of adjoining jurisdictions. Cities and counties should work together to delin- eate planning areas and may establish formal agree- ments for processing development proposals. For example, Yolo County delegates a portion of its land use authority to the City of Davis within areas surround- ing the city. As urbanization occurs and adjoining cit- ies expand, the potential for conflict between cities competing for the same lands increases. Intercity co- operation in establishing planning areas can proactively help to avoid such disputes. Regionalism Viewing the local general plan in its regional con - Chapter [:General Plan Basics `theoretical." Relationship.- Between a City®s Planning Area, and. Sphere of 1pfluence ---=------------- --- --- -- , -------------------- ,: i.' ®. � '{ •{�{V� �� '�'i'fps' ii 0 � � - - _ ® EE i. �,., x, ( E t EE E 1 -. �� E, - €[� € � Ei � i ��lE � � �i�.�E E• E.Ei�.� , � �(�{`jE i (i € f(� I { � , {[! E ;� j�',jf('E !I: i1: E, t € ,7'; x -. xs -S. F., - t t, 1..9. t-;. }, ,s l..s i.l.o Eh .. K) � i E. E i .!t 1� nib E€, E3E E ', E , i i�. • �I_, t: t ,�i,,�„E, =�..,,s. z Vj¢,'7j t,!}, . -. �' ,,tt ,{, rt,€ :E. ! , (€Jt..{ !{`tt E €t{ti{ E E ' � �{!`!E ! 1I!!E:t. E,!i 3 � ,E:.. {E, Ew E€tt. �i F 11i,,1'�r fit!. r-ui{ • i E i � i� r�, {r{ , - 1 ., 44,. t I i} { I ,t f. E � i E. i3�! ti { „�3�7 E l3 •,.�3f` !3�� ,i1, e I I?� .EE!�, ( '!. � ! 3 �,. € E k E I ®:. 'i,l E i .. � a,. ,'E .. as�E,-. �' ,.,t ., .E €, , ,.i �i�,j'��,, ,,, Ej3 >.. �`4d:.`,t,ry{ {({p�� `t. ! •iE ,.{ .€... .),�.. E. ,,. _ E �{il�i�l�(u�� i Eji? , {€ E i i E i i ��'i€iiii�� (M� � �, !� iI! � 3 11,{! --�-�------------- � -9 • � I ®: ��EIE i �i€�i�EI��I •'�i 11€� ' ((' {&t`EE ,i� ��I �ti{EE 'liE j€i�li=i�§!!E. A ' ®� 1 _- ii Current”, CRy Liun �E Encompasses incorporated territory where land use is controlled by the city. ® Adopte&by the L'AFC. encompasses incorporated and, unincorporated territory ® ®` that'is-, the, city. 's-ulbm: ate,service area. Cotys=:Phnn'aavg,Area baa aad rys Encompasses incorporated and{runincorporated:territory<bearing a relation to ......... the city's planning -The planning: area may extend'beyond`the sphere of influence. text is important.:'T -W tionally, tlie< concept of `.`com- management mapped earthquake faults,or high fire- munity" encompassed only a ocal'`entity=the'city or hazard areas'' ;as planning tools to address any signifi- county. With increasing urbanization, the growing in cant: issues Eachlocal planning agency carries a - terdependenc,e of local:goverr rnents, andfnnportant; is, responsibility to coordinate its general plan with regional sues thattrap tend= <lo.cal bo:undariessuch' as,' . planning efforts.as much as possible. transportation, air'qual ty,. and'floodpla-,i,inanagement;, IZcgionalpl'anni ig efforts typically address single is- the regional perspective,. should b,e`considered._Cities sues .or, have indirect links to the local planning'pro- and Mountie shoutd,identify°risks from natural-hazairds` , cess: Plansprepared' by councils of government and that, extend :across. jurisdictional" boundaries, then use other designated regional agencies provide the basisfor any available data, from watershed., based floodplain al"locating federal and state funds used for specific items, General Plan Guidelines Chapter 1: General Plan Basics such as transportation facilities. Other regional plans, such as those for air or water quality, spell out mea- sures that local governments must institute in order to meet federal or state standards for the region. Still oth- ers, such as regional housing allocation plans, measure each local government's responsibility for satisfying a specific share of regional needs. Some regional agen- cies have put together useful information on seismic safety and other issues that can be helpful in the plan- ning process. The Legislature has mandated consideration of cer- tain regional impacts in the general plan. For example, if a city or county adopts or amends a mandatory gen- eral plan element limiting the number of residential units that may be constructed on an annual basis, it must explain that action. The city or county must make specific findings concerning the efforts it has made to implement its housing element and the public health, safety, and welfare considerations that justify reduc- ing housing opportunities in the region (§65302.8). Fur- ther, cities and counties must balance the housing needs of the region against the needs of their residents for public services and the available fiscal and environ- mental resources (§65863.6, §66412.3). In addition, the housing element of the general plan must include action programs to accommodate the locality's regional fair share of housing (§65583, §65584). Local general plans should recognize the city's or county's regional role if regional needs are to be satis- fied, federal and state standards met, and coordination achieved in the location of public facilities. Accord- ingly, general plans should include a discussion of the extent to which the general plan's policies, standards, and proposals correspond to regional plans and the plans of adjoining communities. A city or county may need to reexamine its own general plan when its neighbors make important changes to their plans. Issue Comprehensiveness A general plan must address a broad range of issues. Under the "shoe fits" doctrine discussed in Chapter 4, the plan should focus on those issues that are relevant to the planning area (§65301(c)). The plan must address the jurisdiction's physical development, such as gen- eral locations, appropriate mix, timing, and extent of land uses and supporting infrastructure. The broad scope of physical development issues may range from appro- priate areas for building factories to open space for pre- serving endangered species (see Chapter 4 for examples). This may include not only those issues de- scribed in the planning statutes, but regional issues as well. 12 General Plan Guidelines In the 1960s, planners began to assert that land use decisions have not only immediate and future physical and environmental impacts, but also social and economic impacts. Because a general plan represents the most comprehensive local expression of the general welfare as it relates to land use regulation, recognizing social and economic concerns in the general plan may be quite appropriate. Social and economic issues may be dis- cussed within the context of the mandatory elements, such as housing and land use. Some jurisdictions have adopted an optional economic development element as part of their general plans (see Chapter 6). Environmen- tal justice, which recognizes that land use decisions have consequences for social equity, may also be addressed within the context of the mandatory elements. This is discussed in Chapter 2. INTERNAL CONSISTENCY The concept of internal consistency holds that no policy conflicts can exist, either textual or diagrammatic, be- tween the compo- provisions of this article, nents of an otherwise the Legislature intends that complete and ad- the general plan and equate general plan. elements and parts thereof Different policies comprise an integrated, must be balanced and internally consistent and reconciled within the compatible statement of plan. The internal policies for the adopting consistency require- agency. " (§65300.5) ment has five dimen- sions, described below. Equal Status Among Elements All elements of the general plan have equal legal status. For example, the land use element policies are not superior to the policies of the open -space element. A case in point: in Sierra Club a Board of Super- visors of Kern County (1981) 126 Cal.App.3d 698, two of Kern County's general plan elements, land use and open space, designated conflicting land uses for the same property. A provision in the general plan text reconciled this and other map inconsistencies by stating that "if in any instance there is a conflict between the land use element and the open -space el- ement, the land use element controls." The court of appeal struck down this clause because it violated the internal consistency requirement under §65300.5. No element is legally subordinate to another; the gen- erat plan, resolve potentiat conflicts among. the, - elements., heelements through. clear;language and:.p-olicy `consis= tency., C.®nsisteneBetween._Ele ents. Alt elements, of a: general plan ,.wwhethet mar datory or optional;, must be, consistent with, one another.. The court",, decisioed Citizens, of Calaveras County,v. Board y,iS'upe visors (198.5)166 LApp.3d 90 illustrate this; Chapter I: General Plan Basics involves time increments of five years. Geologic haz- ards, on the other hand, persist for hundreds or thou- sands of years. Sewer, water, and road systems are generally designed with a 30- to 50 -year lifespan. Capital improvement planning is typically based upon a five - or seven-year term. Economic trends may change rap- idly in response to outside forces. Differences in time frame also affect the formula- tion of general plan goals, objectives, policies, and imple- mentation measures. Goals and objectives are longer term, slowly evolving to suit changing community values or to reflect the success of action programs. Specific policies tend to be shorter term, shifting with the political climate or self- imposed time limits. Implementation pro- grams tend to have the shortest span because they must quickly respond to the demands of new funding sources, the re- sults of their own activities, and the jurisdiction's immediate needs and prob- lems. Most jurisdictions select 15 to 20 years as the long-term horizon for the general plan. The horizon does not mark an end point, but rather provides a general context in which to make shorter -term decisions. The local jurisdiction may choose a time horizon that serves its particular needs. Remember that planning is a continuous process; the general plan should be reviewed regularly, regardless of its horizon, and revised as new information becomes available and as community needs and values change. For instance, new population projections that indicate that housing will be needed at a greater clip than antici- pated, an unexpected major development in a neigh- boring jurisdiction that greatly increases traffic congestion, or a ballot initiative that establishes an urban growth boundary may all trigger the need to revise the general plan. A general plan based upon outdated information and projections is not a sound basis for day-to-day decision- making and may be legally inadequate. As such, it will be susceptible to successful legal challenge. cies include goals and objectives, principles, policies, standards, and plan proposals. Diagram A diagram is a graphic expression of a general plan's development policies, particularly its plan proposals. Many types of development policies lend themselves well to graphic treatment, such as the distribution of land uses, urban design, infrastructure, and geologic and other natural hazards. A diagram must be consistent with the general plan text (§65300.5) and should have the same long-term planning perspective as the rest of the general plan. The Attorney Gen- eral has observed that "...when the Leg- islature has used the term `map,' it has required preciseness, exact location, and detailed boundaries...." as in the case of the Subdivision Map Act. No such pre- cision is required of a general plan dia- gram (67 Cal.Ops.Atty. Gen. 75,77). As a general rule, a diagram or dia- grams, along with the general plan's text, should be detailed enough so that the users of the plan, whether staff, elected and appointed officials, or the public, can reach the same general con- clusion on the appropriate use of any parcel of land at a particular phase of a city's or county's physical devel- opment. Decision -makers should also be able to use a general plan, including its diagram or diagrams, in co- ordinating day-to-day land use and infrastructure deci- sions with the city's or county's future physical development scheme. At the same time, given the long-term nature of a general plan, its diagram or diagrams and text should be general enough to allow a degree of flexibility in decision-making as times change. For example, a gen- eral plan may recognize the need for and desirability of a community park in a proposed residential area, but the precise location of the park may not be known when the plan is adopted. The plan would not need to pin- point the location, but it should have a generalized dia- gram along with policies saying that the park site will be selected and appropriate zoning applied at the time the area is subdivided. In this sense, while zoning must be consistent with the general plan, the plan's diagram or diagrams and the zoning map are not required to be identical. "The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. " (§65302) DEFINING THE PARTS OF A GENERAL PLAN A general plan is made up of text describing goals and objectives, principles, standards, and plan propos- als, as well as a set of maps and diagrams. Together, these constituent parts paint a picture of the community's future development. The following discussions help to clarify the meanings of these and other important terms. Development Policy A development policy is a general plan statement that guides action. In a broad sense, development poli- 14 General Plan Guidelines Goal A goal is a general direction -setter. It is an ideal future end related to the public health, safety, or general welfare. Chapter I': General Plan Basics A goalis a.generalexpre'ssiomof community values and, doctrine guiding general'planpolicies, proposals, stan- therefore;.may-bezabstractinnature:" Consequently, a goal dards, and implementation,measures. Principles are is generally.not.quantifiabre or.time--dependent. based on community values,, generally accepted plan- Although: goals, -are', not;mentioned-..in the description ning doctrine;;, current technology, and the general plan's of general plan contents in., §6:5302;:. they :are included objectives. In practice,'pnnciple„s underlie. the process here for several, reasons:- First; defining goals: s often of developing. ihe, plan but seldom need to be explic- the, initial step o f a comprehensive= :planning process, fitly stated inahe plan itself. with mores ecific°ob ectrves-defined later p ;,as discussed \ in Chapter 3 ,Se' ond, goals are,specifically mentioned Examples of principles; in thee -statutes, governing, housing; element contents ® Mixed use encourages uxbanvitality. (§65583) Third; while tle:terms "goal" and "objective" are used mterchangeablyin-some general plans; many ® Thexesidentialneighborhoods within a.city should plans differentiate:,between broad; unquantifiable goals_ be within a convenient and safe walking distance' g and specific.;' obj.ectives.. Either approach is allowable, of an elementary school. as flexibility is a' characteristic, of the general':plan: ® Parks provide -recreational and aesthetic benefits. Examples of goals: ® Risks from natural hazards should be 'identified and avoided to the extent practicable. ® Quiet residential streets ® A diversified economic base forahe city_ Policy ® An aestheticall leasin .communi y p A policy.is a specific statement, that guides deci- ;g' ® A ;safe community.. sion-making:; It. indicates a commitment of the local legislative body;to a particular: course, of action. ;A Goals should b'e expressed as:ends,-,not,;-actions. For, policy is based on and helps implement a general plan's instance, the first`-_ example above. expresses an end, objectives. A policy is carried out by implementation measures. namely, "quiet,resiI el.dential;streets '. does;not say, "Es tablisk; quiet residential''streets" or "To establish quiet For a policy to be useful as a guide:to ;action it must be residentiat.streets;" clear and. unambiguous.. Adoptin'b roadly drawn and vague policies 4s poor practice: Clear policies are par- Objectiv, e ticularly. imp ortant when it, comes to judging whether or not zoning decisions; subdivisions, public works An -objective is a ,specified' end;._condiion; or state projects; etc.,'_ are consistent with the' general plan. that is<_an interrnediaterstep toward'attain ng,a goal. It When writing policies, be aware of the difference should- be achievable .and,. when=possible;, measurable between "shall'.' and "should:" "Shall" indicates an un - and time -specific. An objective maypertainto=one par- equivocal directive. "Sh ould" signifies a less rigid di- ticular aspect of a goal itmay be one of several suc- rective, to be honored in the absence of compelling or cessive steps toward goal achievement Consequently, contravening: coils derat ons. ZJse of the word "should" there may, be more than one objective for each-, goal. to give the impression of niore commitment than actu- ally intended is, a common but unacceptable practice. It Examples, of obj'ectaves„ is better to. adopt no policy than to adopt a policy with ® The addition of 100` affordable" housm" " g unts'over no backbone..•.- . the next five years. Solid policy is based on solid information. The'analy- ® A 25 percent' increase in downtown office space by ss of data .collected during the planning process pro - 2008 vides local.officials with the knowledge about trends, existing conditions, and projections that they need to ® A 50 percent. reduction intthe rate of`farmlaid.-formulate policy: If projected cornmunity.conditions are version over the: neXt ten. years:: not in line with a general plan's obj"ectives,:Iocal legis- ® A reduction. in stormwater runoff from treets. and : lative bodies may adopt policies that will help bring parking lots:: about a more desirable future.` Principle Examp es. of policies: A principle is an: assumption, fundamentafluile, or, The city shall not approve a parking ordinance vari- General Plan Guidelines, is Chapter I: General Plan Basics ance unless the variance pertains to the rebuilding of an unintentionally destroyed non -conforming use. ♦ The city shall not approve plans for the downtown shopping center until an independently conducted market study indicates that the center would be eco- nomically feasible. ♦ The city shall give favorable consideration to conditional use permit proposals involving adap- tive reuse of buildings that are designated as "ar- chitecturally significant" by the cultural resources element. Standards A standard is a rule or measure establishing a level of quality or quantity that must be complied with or satisfied. Standards define the abstract terms of ob- jectives and policies with concrete specifications. The Government Code makes various references to general plan standards. For example, §65302(a) states in part that the land use element must "...include a state- ment of the standards of population density and build- ing intensity recommended for the various districts and other territory covered by the plan." Other examples of statutory references to general plan standards in- clude those found in §66477 (the Quimby Act) and §66479 (reservations of land within subdivisions). Of course, a local legislature may adopt any other general plan standards it deems desirable. Examples of standards: ♦ A minimally acceptable peak hour level of service for an arterial street is level of service C. ♦ The minimum acreage required for a regional shop- ping center is from 40 to 50 acres. ♦ High-density residential means 15 to 30 dwelling units per acre and up to 42 dwelling units per acre with a density bonus. ♦ The first floor of all new construction shall be at least two feet above the base flood elevation. Plan Proposal A plan proposal describes the development intended to take place in an area. Plan proposals are often ex- pressed on the general plan diagram. Examples of plan proposals: ♦ First Street and Harbor Avenue are designated as arterials. ♦ The proposed downtown shopping center will be 16 General Plan Guidelines located within the area bound by D and G Avenues and Third and Fourth Streets. ♦ A new parking structure shall be located in the vi- cinities of each of the following downtown inter- sections: First Street and AAvenue, and Fifth Street and D Avenue. Implementation Measure An implementation measure is an action, procedure, program, or technique that carries out general plan policy. Each policy must have at least one correspond- ing implementation measure. Examples of implementation measures: ♦ The city shall use tax -increment financing to pay the costs of replacing old sidewalks in the redevel- opment area. ♦ The city shall adopt a specific plan for the indus- trial park. ♦ Areas designated by the land use element for agri- culture shall be placed in the agricultural zone. Linking Objectives to Implementation The following examples show the relationships among objectives, policies, and implementation mea- sures. The examples are arranged according to a hier- archy from the general to the specific—from goals to implementation measures. In an actual general plan, there might be more than one policy under each objec- tive, more than one implementation measure under each policy, etc. Goal: ♦ A thriving downtown that is the center of the city's retail and service commercial activities. Objective: ♦ Development of a new regional shopping center in the downtown. Policy: ♦ The city shall not approve discretionary projects or building permits that could impede development of the downtown regional shopping center. Implementation measures: ♦ The city shall adopt an interim zoning ordinance restricting further development in the general vi- cinity of the proposed downtown shopping center Chapter 1: General Plan .Basics General Plan Guidelines 17 Chapter I: General Plan Basics The land use element designates the type, intensity, and general distribution of uses of land for housing, business, industry, open space, education, public build- ings and grounds, waste disposal facilities, and other categories of public and private uses. The circulation element is correlated with the land use element and identifies the general location and ex- tent of existing and proposed major thoroughfares, transportation routes, terminals, and other local public utilities and facilities. The housing element is a comprehensive assessment of current and projected housing needs for all economic segments of the community. In addition, it embodies policies for providing adequate housing and includes action programs for that purpose. By statute, the hous- ing element must be updated every five years. The conservation element addresses the conserva- tion, development, and use of natural resources, includ- ing water, forests, soils, rivers, and mineral deposits. The open -space element details plans and measures for the long-range preservation and conservation of open -space lands, including open space for the preser- vation of natural resources, the managed production of resources (including agricultural lands), outdoor rec- reation, and public health and safety. The noise element identifies and appraises noise problems within the community and forms the basis for land use distribution. The safety element establishes policies and pro- grams to protect the community from risks associated with seismic, geologic, flood, and wildfire hazards. The level of discussion given to each issue in the general plan depends upon local conditions and the rela- tive local importance of that issue. When a city or county determines that an issue specified in the law is not lo- cally relevant, the general plan may briefly discuss the reason for that decision but does not otherwise have to address that issue (§65301). A local general plan may also include other topics of local interest. For instance, a city or county may choose to incorporate into its land use element a de- tailed program for financing infrastructure and timing capital improvements. The safety element of a city or county that suffers from wildfire hazards may contain strategic fire protection planning policies to mitigate such hazards. In the statutory descriptions of the elements, a num- ber of issues appear in more than one element. In order to minimize redundancies or internal conflicts in the general plan, combining elements or organizing the plan by issue often makes practical sense. This idea is ex- plored further in Chapter 5. 18 General Plan Guidelines There are a number of state and federal laws, such as the Surface Mining and Reclamation Act, the Seis- mic Hazards Mapping Act, the Endangered Species Act, and others, that can affect the content of the general plan. These are discussed in detail in Chapter 9. In addition to the mandatory elements, a city or county may adopt any other elements that relate to its physical development (§65303). Once adopted, these optional elements become an integral part of the gen- eral plan with the same force and effect as the manda- tory elements. Accordingly, zoning, subdivisions, public works, specific plans, and other actions that must be consistent with the general plan must be consistent with any optional elements. Common themes for optional elements include air quality, capital improvements, community design, eco- nomic development, energy, parks and recreation, and water. Suggestions for preparing a number of optional elements are provided in Chapter 6. An optional element may clarify how a local govern- ment exercises its police powers, and in some instances, can expand a local government's authority. For example, the California Energy Commission may delegate geother- mal power plant licensing authority to counties with certi- fied geothermal elements (see Chapter 6 for guidelines). In the more typical situation, an optional element will indicate how a local government will apply its exist- ing police power or other authority. For example, a historic preservation element may lay the foundation for historic district regulations or participation in the Cali- fornia Main Street Program. A strategic fire preven- tion planning element could identify wildfire hazard areas, control new development within those areas, and pro- vide the basis for zoning, subdivision, and brush clear- ance ordinances intended to minimize fire hazards. ADOPTION OF ANOTHER JURISDICTION'S GENERAL PLAN AND JOINTADOPTION A city or county may adopt all or a portion of the general plan of another public agency (§65301(a)). Ad- ditionally, §65302(g) specifically provides that a city may adopt the county's safety element if the county's element "is sufficiently detailed containing appropriate policies and programs for adoption by a city." One of the benefits of this approach is that it eliminates duplication of effort in collecting data for the more technical elements. A city and county may jointly prepare and separately adopt a general plan or individual elements. A city or county may adopt a functional plan such as a regional transportation plan prepared by a special district, re- gional planning agency, or some other public agency. Although joint adoption of another jurisdiction's Chapter 1: General Plan Basics plan, or elements maybe. advantageous;, acity or county multiple agencies, each adopting agency must retain remains solely, responsible for the: legal. adequacy of its sole and independent authority to make, amendments its general" plan. The other jurisdiction's plan and/or to its general plan -unless a joint powers agreement has elements or the jointlyprepared.plan; and/or elements been approved. In Alameda County Land Use Asso- rnust:.be sufficiently detailed to --'a dtess;the concerns ciation .v, City`ofHaywa d (1995) 38 Cal.App.4th 1716, of theadopting.agency and: to provide. adequate cover- the appellate court overturned a memorandum of un- age of,the issues.required i the Goverriment Code.- A , derstanding. OU.) adopted by Alameda County and plarnor:element that is jnomtly;prepared.or adopted from the cities of Hayward and Pleasanton to specify gen another. jurisdietion's.generai plan;has the same legal eral:plan, goals and policies, regarding the "IZidgelands standing as'the rest of the adopting agency's general Area.". The OU;provided that any amendment to the plan and internal consistency requirements pontinue applicable sections by one jurisdiction would. not be to apply:, Similarly; discretionary zoning; subdivision, effective unless.";4Tall6lamendments" were approved and capitoIJimprov,ementproject decisions.mustbe con- by, the other two. The court held this 'arrangement to sistent-with the jointplan or element. be an impermissible divestment,of the police power, Despite options such as adopting.:another restricting the individual agencies' legislative author- jurisdiction's generat plan_or joint` adoption; between ity to amend their general plans. General Plan Guidelines 19 CHAPTER 2 Sustainable Development and Environmental Justice All statutory references are to the California Government Code unless otherwise noted his chapter addresses the incorporation of en- vironmental justice into the general plan. While environmental justice is not a manda- tory topic in the general plan, there is a strong case for its inclusion. Federal and state anti -discrimination stat- utes, which have a long history, apply to planning as they do to other policy areas. As discussed below, envi- ronmental justice issues are often related to failures in land use planning. Planning policies that promote liv- able communities and smart growth can be tools for achieving environmental justice. In keeping with that idea, this chapter begins with a discussion of sustain- able development. Sustainable development provides a context for understanding how environmental justice fits into land use planning. This chapter concludes with a discussion of transit -oriented development, which has important implications for environmental justice and sustainable development. SUSTAINABLE DEVELOPMENT Sustainable development encompasses established principles of good planning and advocates a proactive approach to future development. The basic concept of sustainability is meeting the needs of current genera- tions without compromising the ability of future gen- erations to meet their own needs. Sustainable development can be further defined as promoting the "three E's:" environment, economy, and equity. For example, a decision or action aimed at promoting eco- nomic development should not result in decreased en- vironmental quality or social inequity. Ensuring that a given decision or action promotes all three E's is often referred to as the triple bottom line. What does sustainable development look like on the ground? In a community that is developing sustainably, the neighborhood is the basic building block of urban design and is characterized by walkability, mixed-use development, and mixed -income housing. Walkability is a function of compactness and density. Attention to streetscape and public spaces is a key design element in creating desirable places to live. Such neighborhoods, 20 General Plan Guidelines also known as neo -traditional or new urbanist develop- ment, are more likely to support efficient transit systems. The character and function of each neighborhood is then placed properly within its regional setting. This approach to planning, from the neighborhood to the regional level, is often referred to as smart growth. Sustainable development goals and policies include the following: ♦ Decrease urban sprawl. ➢ Promote compact, walkable, mixed-use de- ➢ velopment. ➢ Promote infill development. ➢ Restore urban and town centers. ➢ Limit non-contiguous (leafrog) development. ➢ Promote transit -oriented development. ♦ Protect open space and working landscapes. ➢ Conserve prime agricultural lands. ➢ Conserve lands of scenic and recreational dustries. value. ➢ Use open space to define urban communi- recycling. ties. ♦ Protect environmentally sensitive lands. ➢ Conserve natural habitat lands. ➢ Preserve habitat connectivity. ➢ Minimize impact to watershed functions, in- cluding water quality and natural floodways. ➢ Avoid natural hazards. ♦ Create strong local and regional economies. ➢ Encourage jobs/housing balance. ➢ Provide adequate housing for all income levels. ➢ Encourage the expansion of telecommuni- cations infrastructure. ➢ Provide a fair and predictable land use plan- ning process. ♦ Promote energy and resource efficiency. ➢ Support energy- and resource -efficient in- dustries. ➢ Promote waste reduction programs, such as recycling. Chapter 2: Sustainable Development and Environmental justice Promote alternative: forms. of_ transportation. promote the three E's of sustainability. The concept and A wn-nlinatinn of enetainahlP rlevPln»mPnt 'ic evn1vinsr able development policies ox. programs° inay be 'ad- make multiple. car trips to perform routine errands; such dressed within the various elements of. the- plan. For as grocery_.shoppmg, going to the.bank; eating out, go - example, policies on minnniz ng urban.`sprawl maybe ing to the dentist, etc. addressed iii the land use element; policies for prime Jobs/housing balance is based on. the premise that agricu turah'1'and:presetvationmay be introduced in the commuting; the overall number of vehicle trips,,and the , open-space.element;; and liearansportationcicment may resultatit..vehicle rni--les traveled can be reduced when be used to•address public`transportation,concerns. sufficle ntJ6bs,-,,,,aiet, available locally to balance the em- The priricp'les of su tamable development may also ployment demands of the community and when coin- . - . guide he overall goals of the general plan. or example, mercial.: services' are convenient to residential -areas. Santa Clara:.County's generalplanaddiessesfourthemes Planning for a jobs/housing balance.requires in-depth of su tamable=development iii its:.general=plan vision: analyses of employment potential (existing and pro - social and economic well being, managed;' d balanced jected) housing demand (by income level and housing growth,.livabrlecommunities,'andresponsibleresource type); new: housing ;production; and the relationship con ser-vation The: general�:plan's goals_for social and between employment opportunities and housing avail- econornic:well, being include achieving "a healthy, di- ability: ®ther`factors, such as housing costs and trans- verse economy: and adequate:`employment ,opportuni- portation systems,, must also be evaluated.' ties" by reaching "sustainableaevels of growth and job Improviiigahe jobs/housingbalance'requires carefully formation consistent 'with planned improvements in planning for the location, intensity; and nature of jobs and housing; transportation;;urban-services; andmaintenance housing m order to encourage a reduction in vehicle trips of environmentali.quah y" Goals -for the; other themes and miles traveled =and. a corresponding increase in the also_ reflect. the necessary balance :of social; environ- use, of mass traisit;and alternative transportation.meth- mentat, and ecoriommA jectives that:characterizes cus= ods; such as bicycles, carpools .and.walking. Strategies tainable ,development. include locating higher-densityhousing near,employment General plans can work in,concert with other, plans : centers, promoting infill development; promoting transit and policy documents to promote sustainability For oriented development, actively recruiting businesses that instance, the City of Pasadena;uses a quality of -life iii= �.- will utilize the;local workforce, developing a robust tele- dex to identify;imeasure; and'set quality ,of l11ife indica- communications infrastructure, developing workforce , - city a."The Quality tors for ahealtliier-more sustainable skills consistentwith.evolving local. economies, and'pro- ofLife in Pasadena"`index,combmes mfornration from vidmg, affordable housing opportunities within, the;com- the city's general plan and` other documents and ad= munity:'Dobs-housing provisions most directly affect the dresses suchtopics as -the: environment, health; �ediica- land use, ciiculation,',and housing elements. tion, transportation,,.the economy, aril employment. The The question of a jobs/housing balance on the scale City of Oakland includes in each staff report to the City of a comrmnty`shouldnot beconfused with the design Council a discussion of how the pr, posed`action would 'of m -fixed use, walkable neighborhoods. Planning for a General Plan Guidelines 21 Chapter 2: Sustainable Development and Environmental Justice jobs/housing balance alone could easily result in a city composed of single -use residential subdivisions on one side of town and single -use business parks and shop- ping centers on the other side of town. At the scale of the region, this might be preferable to a jobs/housing imbalance, but at the scale of the community and of the neighborhood it does not improve livability or reduce dependence on the automobile. While it is not likely that most employees of a local business will also live in the neighborhood, it is important that the planning of the neighborhood not preclude that possibility for those who would chose it. ENVIRONMENTAL JUSTICE Environmental justice is defined in state planning law as the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies (§65040.12(e)). The Governor's Office of Planning and Research (OPR) is required to pro- vide guidance to cities and counties for integrating envi- ronmental justice into their general plans (§65040.12(c)). This section discusses the framework for environmental justice and the relationship of environmental justice to the general plan. The recommendations in this chapter are also reflected in the chapters on the required general plan elements (Chapter 4), optional elements (Chapter 6), and public participation (Chapter 8). Federal Framework The basis for environmental justice lies in the Equal Protection Clause of the U.S. Constitution. The Four- teenth Amendment expressly provides that the states may not "deny to any person within [their] jurisdic- tion the equal protection of the laws" (U.S. Constitu- tion, amend. XIV, § 1). On February 11, 1994, President Clinton signed Ex- ecutive Order (E.O.) 12898, titled "Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations." The executive order fol- lowed a 1992 report by the U.S. Environmental Protec- tion Agency (U.S. EPA) indicating that "[r]acial minority and low-income populations experience higher than av- erage exposures to selected air pollutants, hazardous waste facilities, and other forms of environmental pol- lution." Among other things, E.O. 12898 directed fed- eral agencies to incorporate environmental justice into their missions. In a memorandum accompanying E.O. 12898, Presi- dent Clinton underscored existing federal laws that can be used to further environment justice. These laws in- 22 General Plan Guidelines clude Title VI of the Civil Rights Act of 1964 and the National Environmental Policy Act (NEPA), among others. Title VI prohibits any recipient (state or local entity or public or private agency) of federal financial assistance from discriminating on the basis of race, color, or national origin in its programs or activities (42 USC §2000d -§2000d-7). State and local agencies that receive federal funding must comply with Title VI. Pursuant to the Civil Rights Restoration Act of 1987, this requirement applies to all agency programs and activities, not just those that receive direct federal fund- ing. In response, many state and local agencies that re- ceive federal funding have initiated environmental justice programs of their own. NEPA applies to projects carried out or funded by a federal agency (including the issuance of federal per- mits). NEPA is useful relative to environmental justice because it requires public participation and discussion of alternatives and mitigation measures that could re- duce disproportionate effects on low-income and mi- nority populations. On December 10, 1997, the Council on Environmental Quality (CEQ) released NEPA Guid- ance for Federal Agencies on Key Terms in E. O. 12898. This document is a useful reference for planners, al- though it is focused on environmental review of indi- vidual projects rather than long-term comprehensive land use planning. State Framework Anti -discrimination laws existed in California prior to the passage of the first state environmental justice legislation in 1999. The California Constitution prohibits discrimination in the operation of public employment, public education, or public contracting (Article I, §31). State law further prohibits discrimination under any program or activity that is funded or administered by the state (§ 11135). The Planning and Zoning Law pro- hibits any local entity from denying any individual or group of the enjoyment of residence, land ownership, tenancy, or any other land use in California due to the race, sex, color, religion, ethnicity, national origin, an- cestry, lawful occupation, or age of the individual or group of individuals (§65008). The Fair Employment and Housing Act (FEHA) specifically prohibits hous- ing discrimination on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, disability, or source of income (§ 12900, et seq.) In 1999, Governor Davis signed SB 115 (Solis, Chapter 690, Statutes of 1999) into law, defining envi- ronmental justice in statute and establishing OPR as Chapter 2: Sustainable Development and "Environmental justice- the.coordinating:agency forstate environmental: jus- ♦ "Stacking" commissions or committees with cer- tice.:program's.(§65040..12)..SB° 11.5 furtherrequiredthe tain interests while. ignoring the interests of other California,Environme"ntM.Pr tectionAgency(CaUEPA); segments .of the community, such as minority and to develop.a:model:environmental:j:.0 *mis'sion-,state= low-income residents. ment_for boards, departme and offices wfthm..the Holding meetings at times or in locations -that mini - agency by January 1; 2:001 (Public Resources Code mize the.ability`of certain'groups or individuals to §x72000 72001).. participate. In: 2000; Governor Davis ;signed SB- :89' (Escutia; ® Using English -only written or"verbal communica- Chapter 72.8; .Statutes of 2000), which: cornplernented tion`uwhen anon -English speaking population will SB l l''S by requiring the° ereaton.,,of an environmental be affected by a planning decision. justice .working group and, an advisory' group to assist geographic inequity: In'other.words, unfair treatment Cal/EPA m* developing..anmtra=agency environmental ® Requiring lower levels of mitigation for projects justice. strategy (Public" Resources Code §,,7.2002- affecting ow -income -or minority populations; 72003) 'SB :_828 "(Alarcon;, Chapter 7659 Statutes of® Unevenly enforcing environmental- les. 200,1) added and modified` due,. dates; for the develop- evelop-meet cess is not applied uniformly. Examples of procedural, to and: communication with all: population groups, in of Cal/EPA's intra:=agency enkonmental: justice ment-of Geographic inequity describes a situation in which - strategyand re aired eaoh� board, de artment ;:and of= q the burdens:of"undesirable land:uses.,are concentrated .' fice within Cal/EPA W identify and address any gaps en in certain neighborhoods while the benefits are re- existing programs;:policies,,andactivitiesthatmay ceived .elsewhere. It also describes a :situation in impede: environmental justicel;no later: than January 1, which ,public..amenities are.conceintrated only in.cer- 200 64 ,§71-I14„71115). taro_areas. Examples of geographic inequity include AB: 155:3;: (Keeley, ,Chapter 762;; Statutes of 2001;)!situations in which; required ®PR to incorporate envirorirnen, alJust ce eon- Certain neighborhoods have a disproportionate' sideratons, in the.;Geneal< Plan Guidelines AE 1553 share, of ndustrial facilities that handle or produce anecified,aliat the �uidelmes shoal°d monose: methods ... , , or resiaeniiai. aweiim.:gs: - - - - more ofthe environmentalbenefits associated with ® Providing for the location of.new schools. and resit- these amenities, while other neighborhoods have dential- dwellings_ m".`a manner: that:"avoids proxun=- fewer such amenities. ity to. industrial facilities and-' usese,. to p.ose: a s%gnificant`hazard'to human health and safety.. Public Participation Promoting more livable,corn rnumties by expand Community involvement in the planning process is mg opportunities fortransit-oriented development: an importantpart of environmental justice. Cities and counties shoulddevelop public participation strategies` Forms of Inc q1 � $3' `,:that allow for.,early and meaningful community involve- Problems of environmental justice can be broken ment.in-the general plan process by, affected popu- down,>into two categories: proceedural" inequity and . lation. groups:: Participation plans should incorporate geographic inequity: In'other.words, unfair treatment strateg es"`to overcome linguistic; institutional, cultural, can manifest itself in terms ofpro.c.ess'or in.ter..ms o f :. economic, and historic barriers to effective participa- results: tion. Chapter.8 is dedicated to. tlie. issue of public par- Procedural inequity, occurs when the planning pro ticipaton and suggests methods .to_ improve outreach cess is not applied uniformly. Examples of procedural, to and: communication with all: population groups, in inequity include: eluding low --income and m"inoriiy populations. Chapter 2: Sustainable Development and Environmental justice Compatibility At the general plan level, discussions about envi- ronmental justice involve a central land use concept: compatibility. The primary purpose of planning, and the source of government authority to engage in plan- ning, is to protect the public health, safety, and wel- fare. Incompatible land uses may create health, safety, and welfare issues for the community. Geographic in- equity occurs when incompatible land uses dispropor- tionately affect a particular socioeconomic segment of the community. In this sense, environmental justice problems indicate a failure of land use planning to de- liver on its original promise—reducing the harmful ef- fects of incompatible land uses. Traditionally, zoning has attempted to minimize health and safety risks by segregating land uses. How- ever, taking this approach too far has negative conse- quences that run counter to the goals of sustainable development. Rigid separation of land uses has resulted in disconnected islands of activity and contributed to sprawl. As discussed above, development patterns char- acterized by single -use zoning result in the automobile being the only viable transportation option, which has high environmental, economic, and social costs. The traditional pyramidal zoning model places single-family homes at the pinnacle, followed by denser multi -family housing, followed by office and commer- cial uses, and, finally, followed by industrial uses at the base. In this model, land uses at a lower level on the pyramid are not allowed within the higher designa- tions (e.g., commercial uses are not allowed in multi- family zones, and apartments are not allowed in single-family zones). This is giving way to a much more sustainable model, where the middle of the pyramid consists of mixed-use development that integrates hous- ing, commercial, and recreational/cultural activities. Despite the desirability of mixed-use zoning, it is im- portant to recognize that there are certain industrial uses that will always be incompatible with residential and school uses. Residential and school uses are harmed by incom- patible land uses that have environmental effects, such as noise, air emissions (including dust), and exposure to hazardous materials. The compatibility problem also operates in reverse. Incompatible uses adjacent to resi- dential units, schools, or environmentally sensitive ar- eas may also suffer negative consequences in the form of higher mitigation costs or the curtailment of eco- nomic activities. Specific examples of land use incom- patibility include: available technology, will contain or produce ma- terials that, because of their quantity, concentration, or physical or chemical characteristics, pose a sig- nificant hazard to human health and safety. ♦ Residential and school uses adjacent to intensive agricultural uses. ♦ Residential and school uses adjacent to major thor- oughfares, such as highways. ♦ Residential or commercial uses in proximity to re- source utilization activities, such as mining or oil and gas wells. Issues related to industrial overconcentration and the location of residential dwellings and schools are dis- cussed below. Information and Analysis Good information is critical to making informed decisions about environmental justice issues. The analy- sis of environmental justice problems has benefited from the advancement of geographic information sys- tems (GIS), as has the entire planning field. The role of data in the general plan process is discussed more fully in Chapter 3. The data suggestions for the mandatory general plan elements (Chapter 4) include much of the information necessary for developing environmental justice policies. Relevant information for addressing environmental justice issues includes, but is not limited to: ♦ Base map of the city or county planning area. ♦ General plan designations of land use (existing and proposed). ♦ Current demographic data. ➢ Population location and density. ➢ Distribution of population by income. ➢ Distribution of population by ethnicity. ➢ Distribution of population by age. ♦ Location of public facilities that enhance commu- nity quality of life, including open space. ♦ Location of industrial facilities and other uses that contain or produce materials that, because of their quantity, concentration, or physical or chemical characteristics, pose a significant hazard to human health and safety. ♦ Location of existing and proposed schools. ♦ Location of major thoroughfares, ports and airports. ♦ Residential and school uses in proximity to indus- ♦ Location and density of existing and proposed resi- trial facilities and other uses that, even with the best dential development. 24 General Plan Guidelines Chapter -2 Sustainable Development and Environmental justice Although: he'LLuse of population data is�&normalpart munity quality of life, given the fiscal and legal con- of the;.planning process;: cities: and: counties do not al- straints that restrict the siting of such facilities: ways= gather;, socioeconomic. data -when: preparing or Public facilities:' and ,services that enhance quality, substantially revising.their..general.plans. Junsdictions of life include, but are -nottliinited to; parks; openspace .do have to c`.olle: - somea:ocioe:conomic data. during the trails; greenbelts; recreat onal.facilities {including se- preparation= of then housing element; ouch- asw income nior andvouth centers); community centers, child care levetand persons; with special housing needs. (eld"erly, centers;, libraries, .museums, cultural centers, science: farmworkers; single head, of.houseliold;. etc ):, but this centers; and -zoos: The`equitable distribution of f icili= required information is not:enough to paint.a.complete ties' and -,services has two components. The first com- socioeconoinic,.picture,o.f the community,, From an en- ponent: s thenumber and 'size.of facilities. °Simply put; vironmental justice perspective, socioeconomic data is a communityshould have adequate 'facilities and ser useful'for:'a number oft gs", includin vices to servealtresidents equally`:Thesecondcompo_ .Improving thepublictparticipation process.' nent is access, which can be. in as the distance ; ® Identif in low. income` sand minori . rie hbor- y g g or travel time from each, id la area to the facility hoodsathatare underserved by pubhe facilities and or service Access may also be measured by the ability services that enhance quality ,of. life and planning to use awariety of transportation modes, including pub- = for the. equitable distribution of such facilities and lie tra nsit; walking, and bicycling; to travel between' each"residential area and'the facility or service. A geo- services. graphic analysis of residential areas andtle location•of Planning= for infrastructure and housing needs.public ,amenities -may reveal underserved neighbor- ® Identifying low-income and: minority neighbor- hoods. Policies addressing the distribution of benefi- hoods; in -which: industrial: facilities`, and, uses, that cal public.faclities and servicesshouId address existing pose asignficant hazardtohurnan-health acid safety disparities=as well as the heeds offuture residents. may be overconcentrated: Public facilities, and services that'enhance comrnu= nityquality of life can be divided into three basic types As discussed. below . the ,definitioiis of both equi- for purposes `of distribution: The first type is neighbor- ' table distribution and.overconcentration, do not-" depend hoodfacilities such as arks, thataerve a s ecificnei h p p g' on socioeconomic factors.,Ho' weyerreversinng historical borhoo'd or subdivision: The second type is 'district problems ofprocedural and geographic ineguityrequires facilities;;sucli as b`rancl libraries or recreational cen- accurate socioeconomic nformationyin order to develop ters, that.serve more:than one neighborhood. The third policies andpnortize, irnplernentation measures_ type rs=unique facilities;`where, one facility serves the 1 ela i®nshlp t®: h�° Geese al Plan entire community °—``community" being an incorpo- rated c ,0 , btcounties, an unincorporated area. Cities and,counties.nayincorporateenvironmental IVeighborfiood' facilities should' be geographically justice into their general plans in several ways°. A city disper-sed=throughout the community: Examples include or county may choose, to adopt optional environ- parks;rtota'ots and:neighborhood activity centers. These mental justice element:, however;, OPIt`recommends facilities should be: located within `the neighborhood incorporating policies: supportive of enviro. nrnent -Jus they serve .Public amenities can serve to anchor aneigh- flee in all of the mandatory;elements.ofthe;generahplan.. horhi"i. i ,dti be centrally located.` Furthermore, These policies, -.should al"so be reflected inranyoptionat locating neighborhood -serving public facilities within elements. Inkeeping ,w th-theinternal consistency re ," walking ,distance>of most res dents.will encourage use quireinent,.erivironmental justicepolcies inone element andprovide:a sense of place. A distance of a quarter to cannot; conflict with the policies of another element:. For. a half -4 fill -& is generally considered a walkable distance. example, if ahe land use; element.contains a policy pro- Planning "for the location of district facilities should hibiting residential uses adjacent to certain industrial follow the same principles as above. Since these facilities uses,propertiesli affected by that policy could not,be serve.several:neighborhoods, theyshouldbe centrallylo- used as part of the housing element site inventory: -cated r A ive-4o.ahe;neighborhoods,they- serve. Locating such facihtiesialon xtransit corridors or in transit -oriented Public, Facilities a ndI Seces developments will increase their accessibility (see Tran - Cities_ and counties should plan- for` the equitable sit Oriented LDeveloprnent later in this, chapter). distribution throughout the community of new public Exainples9fun que�public facilities include the cen- facilities and services.that increase and-enliance corn- tial library or city museum. Where community has General Plan Guidelines 25 Chapter 2: Sustainable Development and Environmental justice only one recreational or cultural center, that would be considered a unique facility or service. These facilities should be located in the civic center or urban core rather than isolated in remote single -use complexes. They should be close to transit to allow maximum access for the entire community. Consideration should also be given to regional fa- cilities, which may exhibit the characteristics of all three basic types described above. Re- gional facilities include trails, networks of open space such as Analyzing greenbelts, regional parks and recreation areas, etc. Linear facili- ties (such as trails and greenbelts) may serve several neighborhoods but are also a unique amenity for the entire area. The same is true of large regional recreational ar- eas. Individual cities and counties may have less control over the lo- cation of regional facilities, which may be operated by special dis- tricts or joint powers authorities. Cities and counties have even less control over state and federal parks, recreational areas, and forests, although cities and counties should account for such facilities in the planning process. New regional facilities are rare, and when the opportunity to acquire or develop such facilities arises, the location may be predetermined by such factors as natural features, aban- doned rail lines (for trail use), or the availability of large undeveloped properties. Nevertheless, planners should consider existing and proposed regional facilities when analyzing community access to public facilities that contribute to quality of life and when planning for fu- ture such facilities. Locating public facilities and uses according to these planning principles may be limited by fiscal and legal constraints. Fiscal constraints include the relative cost of land and the ability of public agencies to obtain fi- nancing for acquisition and construction. Legal con- straints include, but are not limited to, local, state, and federal regulations for the protection of the environ- ment, public health and safety, and the preservation of natural and cultural resources, including historical and archeological resources. tity, concentration, or physical or chemical character- istics, pose a significant hazard to human health and safety in a manner that seeks to avoid overconcentrating these uses in proximity to schools or residential dwellings. Overconcentration occurs when two or more indus- trial facilities or uses, which do not individually ex- ceed acceptable regulatory standards for public health and safety, pose a significant hazard to adjacent resi- dential and school uses due to their cumulative effects. fle Distribution Facilities that emit, handle, store, or dispose of hazardous materials are regulated by a vari- ety of agencies. These agencies include local Certified Unified Program Agencies (such as en- vironmental health departments or fire departments), air dis- tricts, regional water quality control boards, the California Department of Health Services, the California Integrated Waste Management Board, and the California Department of Toxic Substance Control (DTSC). However, cities and counties, as the local land use authority, are prima- rily responsible for the location and distribution of potentially hazardous industrial facilities through their general plans and zoning ordinances. Cities and counties may pursue several strategies within their general plans to address overconcentration. Strategies may include: A University of Southern California study, Parks and Park Funding in Los Angeles:An Equity Mapping Analysis, is an example of how equitable distribution of public amenities (in this case, parks and open space) can be analyzed using a geographic information system (GIS). The report is available at www.usc.edu/ dept/geography/espe. Industrial Facilities Cities and counties should develop policies that pro- vide for the location of industrial facilities and other uses that, even with the best available technology, will contain or produce materials that, because of their quan- 26 General Plan Guidelines ♦ Buffer zones between industrial and residential land uses. ♦ Policies addressing individual project siting decisions. ♦ Capping the number of certain facilities and uses. ♦ Changing land use designations in overconcentrated areas. Buffer zones are a broad approach to land use compatibility. Buffer zone policies may be ap- proached in one of two ways. First, the general plan land use diagram may designate transitional land uses between industrial and residential areas. Transitional uses may include open space, light industry, office uses, business parks, or heavy commercial uses. The land use policies for these buffer areas should pro- hibit school uses (see discussion below on school siting). Appropriate distances for buffer areas will vary depending on local circumstances. Factors such as the intensity of nearby residential uses, prevailing Chapter 2: Sustainable. Development and Environmental justice winds:; geographic. features;, and the types: of'facil -- dress existing or potential .future problems ` of ties and uses, allowed in: industrial, areas should: be overconcentration::is to change the land use designa- c:on, sidered. tion for existing industriatareas. This approach differs Second; buffer zones .may be implemented at_;the. from buffer =zones in that buffer zones affect the land project level One weakness ofgenexal buffer zone poli;= use - designation of areas adjacent to existing . or pro- cies-is he,difficulty ofakurgaprzo�i decisions about posed,` ndustrial areas: Changing. the allowable land how much.distance is..needed to minimi, potential` uses in-industrial.-areas .prevents: new:indus- healthandsafety hazards to resdentialrandscho.oluws, trial land uses,: from being'{established and .may affect As approach may be,:buffer, p iesz awned at the expansion .of existing- faciliiks' ,and uses (depend- individuah:sitmg;declsions. Mg o 10w,`locaLpolicies treat pre-existing or "legal Approval<of certam:,inaustriatfacilities .or uses can non-conforming;" land u'ses). be made conditional if they are withrn ; a' .certain dis- An important caveat is to -consider what new uses tante` of residential `or school: uses and/or'contain or will be` allowed in the previously industrial .areas: A produce hazardous materials:; This -allows the:city or new environmental justice problem could be'created count ',to, .consider, the potential.hazards associated with if residences; and:schools ,are allowed without consid- ndividual.faciht `es =or uses.on,a.c:ase=by-.case, basis.. ering: any- lingering effects of industrial - General plan policies�can outline consistent:standards overeoncentration. At ,the, same time, where to . be used in . a roving; conditi;onally..: approving, or pp overconcentration is no long an issue and effective denying proposed locations for industrial facilities and remediation or clean-up ,is possible; so-called other uses that may:pose a significant hazard lo=human "brownfield": development is an important tool for a health and, safety " Such. standards; should be reflected in community's continued sustainable,development. the: zoning ordinance that implements the, `general: plan Finally, planners should remember to differentiate (see Chapter l0:for: a discussion of zonmg;eonsistency), between overconcentration and the mere presence of Approval of a- conditional: use, is. discretionary and materials that may be classified ashazardous. Many neigh- thus-would be subject to the California Environmental borhood businesses, such as gas stations, photography Quality Act (CEQA) CEQA r-equires� decision makers studios, retail>paint stores, dry cleaners, etc., may have to consider the envrronrnental:,consequences :of their hazardous materials present.. While'these'activities must actions. CEQA also serves as an- innportant consulta- be conducted :in a, responsible manner in accordance tion tool Aaead agencymust consult w>itl%,an affected with all, environmental regulations, they should' not be school:district if any facility that would create hazard= confused with those trul industrial activities that are in- Y ous air: emissions or handle„acutely.; hazardous material appropriate for residential or, mixed-use areas. is proposed=within a quarter Hole of -a school :(Public Resources'Code:§.211,51 4). - New Residential,. al. Jses and Schools Another policy response:to.;overconcentration into.: Cities andcounties,,should;provide for the location cap the. numberofpotentially�kazardous:facilities within of new schoolsand residential:,dwellings in a manner a certain distance of each other For example; the: State that. seeks to:avoid` ocating these. uses in proximity to of Georgia does=not allow siting of anew solid waste industrial facY.ltnes and:-uses that will :contain or pro- facility .if two-,;,s,uch facilities already exist' with a,two v, duce: material's: that; because ofitheir quantity, concen- mileradius of the:: ro .,osed fat h Wh11e:::ea In of - p p'' `;. pp.gp tration or h : sical or. chemical characteristics, pose a 9 p Y cies.-are:easyto.implemeritandunderstandabletoahepub- ignificant liazardao human health�and safety. c, they have serious drawbacks: Nurriencal+caps are.more The location, of new residential°and school develop- likely.,,to be based:onperception andpohticalcompromise. ment .is the flip side of the problem discussed in the than scientific merit Without analyzing `.tlie type; quart' section above: Given the need,for new housing and city; and:concentrat onofmaterials to-be.contamed orpro , :.' schools andg venthe needtomake efficient use of land, duced`at,aproposedfacility,.itisdifficultto:determme=.the ' h,o,w do c.it e,s and counties deal with existing number. o facilities. that would create, a situation„-of` overconeentration of industrial: uses` When designat- overconcentration.1. mg areas for residential development, the city or county The general plan strategies above ,cam assist a.city should`identify any.areas of overconcentration. Appro- o.r, county< in,,addressing future problems .o"£ priate- buffers should be placed between overconcentration: General plans,. which: are by ,their overconcentrated' industrial. areas and new residential nature,, concerned with future development, ; are' not- as areas:: t7"sing alieir authority over the approval and de- effective at correciii4past problems. One way toad- sign of subdivisions, cities and counties, may develop General Plan.,G'uidelines 27 Chapter 2: Sustainable Development and Environmental Justice policies and standards related to industrial overconcentration and new residential subdivision ap- provals. These policies could include buffer zones, as well as the criteria to be used for rejecting new residential de- velopment (such as standards for risk to human health and safety from nearby industrial facilities and uses). The location of new schools is of particular concern to both local governments and school districts. The gen- eral plan should identify possible locations for new schools. Such locations may be approximate and need not indicate specific parcels. Identifying appropriate school locations as part of the general plan process may avoid project -level problems of proximity to certain in- dustrial facilities and uses. Due to the fragmentation of authority in the areas of land use planning and school siting and construction, it is recommended that the plan- ning agency work closely with the school district to iden- tify suitable school locations. Prior to adopting or amending a general plan, the planning agency must re- fer the proposed action to any school district within the area covered by the proposed action (§65352). The city or county should use this opportunity to engage school districts on issues of school siting. For their part, school districts are required to notify the planning commission of the city or county prior to acquiring property for new schools or expansion of an existing school. School districts are not bound by local zoning ordinances unless the ordinance provides for the location of schools and the city or county has adopted a general plan (§53091). School districts can override the general plan and zoning ordinances with regard to the use of property for classroom facilities by a two-thirds vote of the school board (§53094). The school board cannot exercise this power for non -classroom facilities, such as administrative buildings, bus storage and main- tenance yards, and warehouses. If the school board ex- ercises their override power, they must notify the city or county within 10 days (§53904). CEQA requires that the environmental document prepared for a new school identify whether the proposed site is any of the following: a current or former hazard- ous waste or solid waste disposal facility, a hazardous substances release site identified by DTSC, the site of one or more pipelines that carry hazardous substances, or located within a quarter mile of a facility that emits hazardous air emissions or handles acutely hazardous material (Public Resources Code §21151.8). If such facilities exist, the school board must make findings that the facilities would not endanger the health of those attending or employed by the proposed school or that existing corrective measures would result in the miti- gation of any health endangerment. 28 General Plan Guidelines TRANSIT -ORIENTED DEVELOPMENT Cities and counties should promote more livable communities by expanding opportunities for transit -ori- ented development (TOD) so that residents minimize traffic and pollution impacts from traveling for purposes of work, shopping, school, and recreation. TOD is defined as moderate- to high-density devel- opment located within an easy walk of a major transit stop, generally with a mix of residential, employment, and shopping opportunities. TOD encourages walking and transit use without excluding the automobile. TOD can be new construction or redevelopment of one or more buildings whose design and orientation facilitate transit use (Statewide Transit -Oriented Development Study: Factors for Success in California, California Department of Transportation, 2002). A well-designed, vibrant TOD community can pro- vide many benefits for local residents and businesses, as well as for the surrounding region. Compact devel- opment near transit stops can increase transit ridership and decrease rates of vehicle miles traveled (VMT), thereby yielding a good return on transit system invest- ments. TOD can also provide mobility choices, increase public safety, increase disposable household income by reducing transportation costs, reduce air pollution and energy consumption rates, help conserve resources and open space, assist in economic development, and con- tribute to the housing supply. TOD is a strategy that may help a community achieve its general plan goals related to circulation, housing, environmental quality, and economic development. Additionally, by improving access to jobs and housing and revitalizing existing neighborhoods, TOD can be a tool for promoting environmental justice. A variety of factors need to be considered during the development and implementation of TOD. These fac- tors include transit system design; community partner- ships; understanding of local real estate markets; coordination among local, regional, and state organiza- tions; and providing the right mix of planning and fi- nancial incentives and resources. A successful TOD will reinforce the community and the transit system. Transit operators, property owners, and residents should be in- volved in the development of TOD proposals. Data to identify and assess potential locations for TOD should be collected during preparation of the land use, circulation, and housing elements of the general plan. An inventory of potential development (and rede- velopment) sites within a quarter to a half mile of exist- ing and proposed transit stops may reveal potential locations for TOD. Additional data may be used to verify the optimum location and mix of uses to further refine Chapter 2: Sustainable Development and Environmental Justice the viability of TOI1 at.:specific'transit hubs. This data day and that many downtowns and commercial districts may include origin.and destination studies,.transit.rid-, have in the evening. Public uses. also can contribute to ership projections, and" data to determine the appiopri- the success"of TOD. Some TODs are anchored by a ate jobs-to=housing ratio-,,and level of retail services. The public facility, such as a police station, child care cen- appropriate density and: intensity will. support a high . = ter, recreation .center, or government office. Not only .level of transit service. An,optimal:mix of uses vill:pro- does a TOD benefit,from the presence of public 'ameni- _ vide opportunities to shop,,,work, live and recreate.with- ties, buf`l 6epublic also benefits by having.these ameni- out the: need,for.an�automobil'e.: ties convenientfto transit. Localgo-emments:c;an.promote,TOD:.through,gen- Amix`ofuses.maybewithin-thesame: building:(such eral plan polic'ie`s` that: encourage supportive densities as first-floor commercialwith-residential units above) and.designs';and a'mix of land uses 'TOP-supportive or m separate buildings within-'aquarter to a half mile may;prov defor: higher nand use densities, re- Policiesducedparking of the transit stop. Particularly'with the latter case; re- requirements, decreased.automobile traf- ferrel to.as ``horizontal mixed,-use," it is important to Ric levels.. of "seryic.e, and increased transit levels` of provide safe and direct pedestrian linkages between service. TOD:policies should facilitate apedestrian-ori- different uses: anted environment. with features. such: as traffic calm- It is recommended that general plan standards and ngstrategies traditionalgrid streetpatterns`withsmaller definitions of°mixed-use development exclude Indus- blocks; and architecture° that orients buildings to side- trial facilities" and uses that, even with -the best-avail- walks; plazas, and parks rather than to parking. '. able technolagy, will- contain or produce materials that, because of their quantity, ;concentratioii, or physical or '�'® Standax'ds and P®flflcles chemical characteristics;' pose a° significant hazard to TOD design will vary with`loeal needs and context, human°health`and safety. but there are everal generally;accepted.characteristics. These ;characteristics:,should be addressed,:broadly; in Pedestrian Scale general plan policies and.-standards:.l'olicies for spe- With higher-density mixed-use, development; scale cific neighborhood` districts or development sites can is important: Pedestrian scale should be maimained be implemented-through the�'plannmg tools discussed through appropriate street and, sidewalk:w dths, block at the end of this' section. lengths9 the .relationship of the' buildings to the street, and the use of public spaces. Density Densityis a ke-concern.m<;desigmiig TOIL policies. Safety A 1igher. residential den ity_ relative-.,,.,to.the .community In addition to the round-the-clock activity mentioned as a whole isn'ecessary io,achieve..a�high level of transit above, it is important to maintain "dyes. on the street" service and maximize the useaof l"d'suitable for such in urban development through the appropriate-place- developments. Density levels-'vary-significantly based ment of windows and entrances. Appropriate lighting on local circumstances, buta.minimum of 1-5.4o 25 units also contributes to`safety and the attractiveness of the ' per. acre.maybe..required to, sustairr:an;:appropriatelevel development. of transit use andcommercial activity The location of the 'T®D (regional urban coreto-Mn-penter, suburban landscaping development,, tc) andthe mix of uses enuisi6n 1-or a A TOD,:,par, ticularly when it is infill development, particular TOD4ill affectthe optirnallevel-of density may not have large -areas available for landscaping. and intensity: Nevertheless; high quality landscaping should: be used to enhance public. spaces. The generous use of trees cre- Mixed Use ates a snore livable environment and reduces :energy A mix of:uses is also-;a key element m TOD.:Nlixed- _ costs for cooling. Street trees can make development use: development facilitates a.pedestnan oriented envi- more pedestrian friendly by providing a barrier between ronment;. encouraging walking, ands transit over the sidewalk acid 'street. automobiletrips. Amix ofuses also creates an eivrron- Circulation ment that..encoura ' s both day and ;night activity For. example, residential development supportsrestaurants Circulation within'a TOD should, in addition to sup- and entertainment uses after- regular. work hours have , posting transit, maximize walking and bicycling with- ended.: This can increasesafety by avoiding the "dead out eliminating the automobile. Cities andcounties may zone" `atrnosphere° that many. residential areas 'Have .bydesignate certain qualifying areas served by transit as Chapter 2: Sustainable Development and Environmental justice CASE STUDY. Integrating Transit -Oriented Development into the General Plan The following policies from the agriculture and land use element of the Fresno County General Plan illustrate how local jurisdictions can facilitate and guide transit -oriented development: Policy LU -F. I The County shall encourage mixed-use development that locates residences near compatible jobs and services. Policy LU -F.2 The County shall encourage the combination of residential, commercial, and office uses in mixed use configurations on the same site. Policy LU -F.3 The County shall promote development of higher -density housing in areas located along major transportation corridors and transit routes and served by the full range of urban services, including neighbor- hood commercial uses, community centers, and public services. Policy LU -F.4 The County shall selectively redesignate vacant land for higher density uses or mixed uses to facilitate infill development. Policy LU -ES The County shall encourage subdivision designs that site neighborhood parks near activity centers such as schools, libraries, and community centers. Policy LU -F.6 The County shall encourage the creation of activity centers including schools, libraries, and community centers in existing neighborhoods. Policy LU-F.7The County shall seek to reduce the amount of land devoted to parking in new urban non- residential development and encourage the use of shared parking facilities. Policy LU -E8 The County shall adopt transit- and pedestrian -oriented design guidelines and incorporate them into community plans and specific plans. The County shall review development proposals for compli- ance with its adopted transit -and pedestrian -oriented design guidelines to identify design changes that can improve transit, bicycle, and pedestrian access. Policy LU -F.9 The County shall plan adequate pedestrian -oriented neighborhood commercial shopping areas to serve residential development. Policy LU -F.10 The County shall encourage school districts to site new schools in locations that allow students to safely walk or bicycle from their homes, and to incorporate school sites into larger neighborhood activity centers that serve multiple purposes. "infill opportunity zones." (§65088.1) These zones, which must be identified by December 31, 2009, are exempt from county Congestion Management Plan level of service requirements (§65088.4). Parking Parking requirements for TOD are typically lower than for conventional development and often specify a maximum rather than a minimum number of spaces. In order to maximize the use of land, parking structures are favored over surface parking, particularly at infill TOD sites. The placement of parking structures should not physically separate the TOD from the surrounding community. 30 General Plan Guidelines Implementation Tools Successful TOD implementation is dependent upon TOD-supportive general plan policies enabled by spe- cific zoning codes, development regulations, and de- sign guidelines. To create an effective regulatory and review environment, local jurisdictions can modify existing zoning codes to encourage TOD; tailor de- velopment regulations to individual TOD sites where appropriate; develop TOD-friendly design standards; and simplify and streamline the permit and review process. The following planning tools are typical ways a community can implement TOD-supportive general plan policies. Chapter 2: Sustainable Development and Environmental Justice CHAPTER 3 Preparing and Amending the General Plan All statutory references are to the California Government Code unless otherwise noted. Alocal government often faces one or more of the following tasks: (1) amending its gen- eral plan, (2) preparing or revising one or more elements, (3) completely revising its general plan, or, in the case of a newly incorporated city, (4) prepar- ing an entire general plan for the first time. In this chap- ter, we will primarily focus on publicly initiated general plan amendments—those described by items (2), (3), and (4) above. The most common sort of amendment, that initiated for a specific private development project, usually affects a limited area and does not require the type of detailed consideration afforded publicly initi- ated changes. However, privately initiated amendments are discussed briefly at the end of the chapter. The first part of this chapter describes the develop- ment of a general plan work program. Beginning with the second section, we outline a strategic approach to the process of preparing or revising a general plan. This is a suggested approach and is not mandatory. The pro- cess will vary as circumstances dictate. THE WORK PROGRAM Developing the work program should be one of the first tasks after deciding to prepare or amend a general plan. The program should define the responsibilities of each department and/or individual, the scope and di- rection of the work to be performed, the funding mecha- nisms, the roles of any consultants, community participation, and budget. The following paragraphs de- tail a number of things to consider when putting to- gether a general plan work program. Early Policy Guidance Receiving early policy direction from the legislative body is important in defining the scope of the work. The guidance may be as simple as a single purpose state- ment or as complex as a set of visions of how the plan- ning area should be developed or how various population growth issues and public facility demands will be resolved. The role of the legislative body in the ongoing de- velopment of the draft general plan will be different with each jurisdiction. Some may delegate the day-to- day role to a committee or a planning commission, while 32 General Plan Guidelines others will stay directly involved. In either case, receiv- ing clear early guidance and support is important to a successful general plan process. Consultants Due to the complexity of issues and demands upon local agency planning staff, most new general plans or comprehensive revisions will involve the use of con- sultants. A consultant team may be hired to do the lion's share of drafting the general plan, or individual con- sultants may be hired to supplement planning staff in specific areas such as transportation, noise, biology, geology, environmental review, and public partici- pation. Consultants may also be used to prepare the CEQA document or carry out the community partici- pation program. Planning agency staff should be involved in the gen- eral plan process as much as time and budget consider- ations allow. Plans that are prepared entirely by consultants may be more difficult to implement. Hav- ing planning agency staff involved in the general plan provides a sense of ownership in the plan, creates fa- miliarity with the details of the plan, which make imple- mentation easier, and may build the capacity of the planning agency. When consultants and planning agency staff are both involved in a general plan process, there may be a tendency to have agency staff involved more with the background data and less with analysis and policy alternatives. This is understandable, given that it is often more cost effective to have staff compile back- ground information. However, it is desirable to have staff directly involved with analysis and policy recom- mendations for the reasons discussed above. The decision whether or not to hire a consultant will depend upon considerations such as the scope of the work to be completed, the available staff time, and the cost to the local agency in staff hours and/or consultant contracts. Talking to other jurisdictions that have recently gone through the process can offer insight into the role that consultants played and pro- vide ideas for oversight and quality control. The American Planning Association's publication Select- ing and Retaining a Planning Consultant (1993) is a useful reference. The- firststep-in. selecting a con sultan -t should. b.e�..to send ter,prospecti. andidate: firms a requestfor quali- fications�(RFQ).and a=description:gf:tlie..consultants' expected- role. -The R. -F, will -101 narr...ow. the search for qualifiedconsultants`:!After.. evaluatm`g.the responses, the agencyshod send a:request forproposal (1ZFP) to the.three tof fLve.: firms that seem. to b& the best;.match . Respondin g.to,anRFP is_costly for consultants, so RFPs. should, only be sent to, se firms.:the. agency would eonr hiring. The :urns with the -top si�deresponses to the RFP'can be:interv.R , ed to'select the one best suited. to the agency"s needs; :work program, and.:budget. Adoption Deadlines A newly, incorporated city lias. 30'- months: after in- corporation -to, prepare.. -and- adopt:a� complete. general plan (§`653`60): Duringthattime;,the city, is not"subject to the: requirements,thata general plan`be adopted or that its decisions be' consistent with the general plan. However, the jurisdiction must make'tlie following find ingsfor'each decisioirthat..would otherwise bexequired to be. consistent with,:the, general plan ® There is: a' reasonable' probability that the. landau se or acti6n proposed:will" he; consistent withthe gen eral plan proposal being considered of studied or that will be studie(1within a reasonable. time.' ® Thereis little or noprobability of siubstantial detri- ment to or interference with the future -adopted gen- eral plansifahe prop.osed.use.oraction. is .ult r-nately inconsistei t with.the plan:. ® The proposed use or; action complies:with all. other applicable.requirements of state law and -local or- dinances. The director of. the. Governor's, Office,- of Planning,: and Research (OPR) has - the authority to. grant a. time: extension of up to two years for. the preparation and adoption of the. general plan. The 6W or-: county must make certain findings- when requesting an. extension%. and the ORR director may mace cnndit Ons mnon.:the Chapter 3; Preparing;and Amending the General Plan ten years, OPR must also=notify the Attorney General. This notification-does:not necessarily mean the plan is out of datebut may serve; as a reminder to comprehen- sively review the general plan if the city or county has notalreadydone so. In order to help keep' -the planning .process on track, the work program should; establish realistic milestones for. completion of its, various stages :(i.e., data, gather- ing workshops; draft. plan completion; draft EIl completion,.,etc.). The work program should also set a projected completion date for..the new plan or update. 1Vlost jurisdictions find thattp' proximatelytwo years is sufficient time to complete, a new plan. Environmental Review Environmental review is fundamental to the plan- ning process; so undertaking aconcurrent CEQA docu- ment is. usually more efficient than waiting until the plan is ready for adoption to=b'egin the;EIR. The work program should schedule sufficient time for the con- sultation and review periods mandated .under CEQA. In addition,., the program should block out sufficient` time to respond to, comments on the EIR. Chapter 7 discusses CEQA's requirements in detail. Public Participation: Public participation, plays an important role in for- mulating a-generalplan" opportunities forparticipation should, be reflected in-I.i the work program. State law specifies; that "[d]urmg. the preparation.or amendment of the: general plan; the-, planning agency shall provide opportunities for the involvement of citizens, public agencies, public utility companies, and civic, educa- tion, and other community groups, through public hear- ings. -and anyothermeans. the city or county deems appropriate, (§.65:35`1);.W en drafting the housing ele- rnent, the law requires. local governments to "make a diligent effort,-to,achie e public participation of all eco- non.ic.segments I of the community (§65583). Public participationis discussed in detail in Chapter 8. Chapter 3: Preparing and Amending the General Plan Suggested Local General Plan Process in California Work Program Early policy guidance, scope of work, adoption deadlines Formulate Goals Visioning, articulate principles, identify issues and assumptions F- U Q Collect & Analyze Data Examine current conditions and trends J Q C� J H Z Refine Goals W Refine goals and formulate objectives ZZ M Z W Q Z Alternatives Analysis W Develop and evaluate alternative plans LL J Q U Plan Adoption Select and adopt preferred plan Implementation Plan implementation, monitoring, and maintenance and $255,000 for cities (The 2003 California Plan- ners'Book of Lists, Governor's Office of Planning and Research). For most jurisdictions, preparing and maintaining the general plan is a general fund expense. The avail- ability of general purpose planning grants is limited. There are, however, federal and state funds for par- 34 General Plan Guidelines ticular planning issues, such as housing, transportation, and habitat. These planning processes can be incorpo- rated into the general plan process in order to leverage resources. The cost of a general plan amendment associated with a particular development is typically passed on to the developer. Some jurisdictions attempt to recoup the Chapter 3: Preparing and Amending the General Plan costs of cornprehensveupdates:in a°similar manner: In While state law establishes the basic contents of the 2002;,1he.'1I e slature; changed states law to -allow de- general plan, the full list of issues contained in §65302 velopmentfees to. inelt-6a-,: "c osts:=reasonably necessary and -'other statutes. are not intended to apply in every to.prepare:and.revise,the::plans and:pol-icier that a local jurisdiction: Section §65-301(c) provides that each state' agency is required=taadoptbefore.it"=can.make any nec= mandated element need address- only those issues that essary findings. and determi atrons" :(§.66014): This arereleVant to the city's or county's planning area. This cliangeFinakes it°clear.tl at an°update;of the general plan is commonly referred to as the "shoe -fits" doctrine rnay.be a recover -.able expense,; Exactions` and�develop- (from the old saying, `.`if the shoe fits, wear it"). For went<fees are dscussedLLbnefly m Chapter 9. example; an urbanized city need not<discuss prime'ag= ricultui6:1 soils. Open -space:- issues in" a county where ., QR-UL`i'E ;GALS agriculturalland and wildlife habitat are importantwill After the` work program has been .established, the be very different than those in an urbanized city, which first step in a general:plan process is-'to.formulate some may have parks as its only open space. The exception initial ggals.: These goals,: which"are refined through= is the housingelement, which must meet all he ape- oe from.the�legislative body or out the proc'ess;..rnay cm cific requirements'of §6550, et seq. hrough a public visioning.process-...The initial general Severalpoints should be kept in mindwhen evalu-� plan goals may, be in reaction to some other event, such issues. The elimination-, f astate-mandated issue g. as identification of seis11 mic o: tflooding hazards; infra-ould; from further ,consideration:sl be based on a rea= structure limitations, -or the. need to accommodate re - assessment of .the issue's relevance: For ex- gional�housing needs. They may be internally°driven, ample. wildland fire hazard :may be eliminated as ample. such as:a deslreao. alter the �obslhousmg.balance within irrelevant if, the local government , has. examined the the community or,revitahze certainneighbor pods. available information and consulted local and state fire At.this:poirit,;planners may wish,to identify the prin- agencies that:. are likely to have information and found wilv'Ji ciples that: : l l. guide. the deelopmentof the genera no hazard to . exist. When an, is sue is found to ,be irrel- plan, As discussed in 1, _these principles are Chapter evant, the basis for this judgment maybe briefly noted not always listed in the final product, blit they help to the general plan. guid'e'the development ofIhe. plan. enurisdictions Andssue that seems irrelevant in the short term but do choose: to enumerate`.guiding:principlesin.the plan, thatmaybe important in the'long.,term should be ad- they°are often included'in the` introduction. dressed in,the general plan, even if only conceptually. This might include, for example; a major flood control C:®gn unft , V1" -Sion: system that, Js in a.preliminary planning stage. A.nurnber. of jurisdictionshave,begun their general When new information becomes' available indicat- plan process by defining a vsion„of tlie;community- ing that a. previously excluded issue is now relevant, , preferred .future. This vision, a statement of general the gereral,.plan must be revised to address the issue. The discovery of a previously unknown earthquake fault goals to be.achieved by he plan„ovides the founda is: an.,example. -Another examplelsi the increased po- tion formore specific objectives aidE policies: The vi- tential` fire hazard that follows growth in foothills and sioning process: also lias_ the advantage of identifying mountainous. areas. ssues:ainportarit to the.commurnty and providing. early Whether'the jurisdiction is a city or county, rural or direction to _data: collection:: Junisdctrons that -,:choose urban;,: mature or growing will color its analysis and to begin :with.visioningshou.1 structure. the process so define ,thelissues that are of greatest importance. As that the', resulting :product will be useful acrd the pro discussed later, the general plan should focus on those cess will° be. completed in a timely manner. issues that are relevant to the planning,area. Traditionally, counties have been concerned with EVAlu .tim9. lssueso �11 x,66 0� Fit-S99"I)®eta° ne the management of natural resources. Counties also Issues ,define: the=general: scope.. of the workplan= Have' an.irnportantrole in coordinating the plans and ners:must..undertake andthe course of action they must :,- n direct - programs, of cities and special districts, and indirect - follow in. the plainuig proces :.Identify`important lo- ing urban development to areas with available ser - 'in d regionalrt;issues:thatal ould he addressed in the rices.' T.l e` county plan should also provide he general plan, asweit'as existing constraintsandoppor information for city planning through studies of tunnies These form the:_ ich context' within whthe gen areawide concerns such as population and economic eral.plaan.wll be.prepared orupdated. trends,'seismic hazards, wildfire hazards, agricultural General Plan Guidelines 35 Chapter 3: Preparing and Amending the General Plan lands, natural resources, and environmental conditions. Cities control land use, provide urban services, and promote more localized community interests. Cities should operate within the context of the county, neigh- boring cities, and the region. Differences also exist between rural and urban ju- risdictions. The economies of rural jurisdictions gen- erally rest on the use and development of natural resources, while the economies of urban jurisdictions normally revolve around industry, commerce, and ser- vices. Rural jurisdictions tend to deal extensively with the federal government on matters relating to federal lands, while urban jurisdictions tend to work closely with regional planning agencies, particularly concern- ing air and water quality programs. Assumptions In preparing a general plan, a city or county will make certain assumptions about its future. For example, a jurisdiction with winter ski resorts might assume that tourism will continue to be important to its economy. Urbanized areas might assume continued population growth. Assumptions such as these will influence a lo- cal government's, selection of its planning policies and its preferred general plan alternative. To ensure that the assumptions list will be compre- hensive and representative of the community, cities and counties should promote community participation in the enumeration process. Naturally, at this stage, the list will be preliminary. It may be refined at later stages as general plan background data is collected and analyzed. Assumptions are essential to the formulation of ob- jectives, policies, and plan proposals. They need not be included in the final general plan, although they might be included in an appendix in order to document the basis for the plan. COLLECT AND ANALYZE DATA The next step is to examine existing physical con- ditions, regulatory requirements, and plans, includ- ing plans of other agencies. This step is sometimes begun concurrently with or in anticipation of goal for- mulation. Data Collection The general plan must be based on solid data if it is to serve as the primary source of community planning policy. Identifying issues, constraints, and opportuni- ties and defining a community vision helps to set the direction for studies and establishes the range of infor- 36 General Plan Guidelines mation and the level of detail that will be needed to complete the plan. Collecting and analyzing data can be expensive and the capacity of any government agency to process and use information is limited. Ju- risdictions must consider their general objectives and use their best judgment when determining the types and amount of information they need for policymaking. Background information for all of the elements should be referenced or summarized in the general plan. Technical appendices are a good place in the adopted general plan for this information. Placing background information in an appendix enables users of the plan to more easily find the plan's policies when they need them. Information collection and analysis is important throughout the planning process. For example, addi- tional information regarding the state of the commu- nity may be needed during the fine-tuning of draft policies by the city council. After the plan has been adopted, evaluating its imple- mentation and making course corrections relies upon the local agency's ability to continue collecting and ana- lyzing information. The general plan is a long-term document. It must be regularly refreshed with new data as it becomes available in order to ensure that its long- term outlook does not become outdated. This ongoing revision and refreshment is particularly important where a master EIR is certified for the plan as described in Chapter 7. Existing Land Uses When preparing or revising a general plan, plan- ners need an accurate picture of the existing land uses in the planning area. There are a number of sources of land use information: ♦ Subdivision maps and assessor's maps provide in- formation on existing lot sizes and land uses, both of which can be indicators of land use intensity. ♦ Field surveys are useful both for identifying gener- alized land use distributions and for cataloging uses parcel by parcel. ♦ Low -altitude aerial photography provides an overhead view that can be translated to land use categories. ♦ High-altitude photography and satellite imagery can identify land uses at a broader scale. Satellite im- agery, including LANDSAT and infrared photos, is available from the U.S. Geological Survey's Western Geographic Science Center (http:// wgsc.wr.usgs.gov). If®rats®n Aua� able fr®rn Ofiher G®verr�enal Antes Local: Ass;essor'sOceS`base.rnapsassessed,valuation-data sl , Bu►ldin: Chapter 3: Preparing and Amending the General Plan Department of General Services: state buildings inventory Department of Health Services: water system licensing, wastewater reclamation, hazardous materials, noise element and noise insulation assistance Department of Housing and Community Development: housing element assistance, mobilehomes and mobilehome parks, low- moderate income housing, density bonuses, CDBGs, housing -related issues Department of Parks and Recreation: historic preservation, park use statistics, archeological resources, state parks Department of Transportation: traffic counts and projections, transportation system design and management, road funding sources, freeway noise information and mitigation programs, scenic highways, district system management plans, Interregional Road System Plan, transportation corridor preservation plans, California Aviation System Plan Department of Water Resources: floodplains and floodplain management, urban and agricultural land use data, State Water Plan Employment Development Department: labor force statistics, employment statistics Energy Commission: power plant and transmission line siting, energy conservation, environmental impacts and mitigation Integrated Waste Management Board: solid waste disposal and reduction Mining and Geology Board. important mineral resources, Surface Mining and Reclamation Act (SMARA) ♦ For organizing land uses in a standardized format, particularly if you will be revamping your zoning ordinance at the same time as your general plan, you may want to use a land use classification sys- tem. Several standard classifications systems exist. One of the most common is the North American Industry Classification System (NAICS), developed by the U.S. Census Bureau and its counterparts in Canada and Mexico to provide a common frame- work for collecting economic statistics within NAFTA (www.census.gov/epcd/www/naics.html). It replaced the Standard Industrial Classification 38 General Plan Guidelines 0fjfce of Emergency Services: emergency response planning, dam failure inundation maps, earthquake preparedness, hazard mitigation grant program State Lands Commission: state lands inventory, navigable waters and tidelands Technology, Trade and Commerce Agency: economic conditions, economic development Water Resources Control Board. water quality regulations Federal Army Corps of Engineers: flood control, floodplain management, special flood studies, wetlands regulations Bureau of Land Management: federal land inventory, resource information Bureau of Reclamation: flood control and management, water projects Environmental Protection Agency. grants and permits affecting air,water,solid waste,toxic and hazardous materials, wetlands, endangered species Federal Emergency Management Agency. flood hazard mapping, flood insurance rate maps Fish and Wildlife Service: wetland survey, endangered species Forest Service: biota and resource information, land inventory, National Forest plans National Park Service: biota and resource information, National Park plans Natural Resources Conservation Service: soils maps, soils and erosion control information (SIC) system. A classification system tailored to land use planners is the Land -Based Classification Standards (LBCS) system. This system was devel- oped by the American Planning Association and several federal agencies (www.planning.org/Ibcs). Planning Ideas An important aspect of preparing a plan is incorpo- rating new ideas. Throughout California, communities are adopting new general plans or plan elements and revising existing plans. Other jurisdictions of similar size to your own may have useful ideas on how to ap- proacl r local.issues The> Cal fornia};Planners'Book of Lasts;.. produced---- annually by OPR;;can help to. locate recently adopted elements:. The. Book of Lists can be faundonline at..www.calpm.ca.gov: Iii addition, the: yearly;awards presentOdijby the..Cal fornia<."Chapter of thexAmerican.Planning_Association recogn z"?e amples of'good plans. There� are many current books.on. piann-ing, ap- proaches; as,well:as technical,subjects.,The Aineriean! Planning.Association's-Planner'sBook Service and the Urban `LandIristitute sell:books°on subjects ranging from Chapter 3: Preparing and Amending the General iPlan boundaries, mineral deposits; open space and parks, and working landscapes such as agricultural land. The connectivity, of these natural systems should also be examined:. Information about environmental haz-' aids, :such- as .wildland, fires,. floods, and landslides, can also. help determine the relative suitability, of lands for development. Data gathered during this stage, whether in written or map form, will be useful during'.the concurrent vrepa- ration of the °;general plan's EIR -For future:use, this data can be organized into a 1Vlaster.Environr 'ental As economic analysis- to urban design. See the.Bibliogra- sessment (-T EA) inventorying the physical and biologi- phyfor titles: cal characteristics of the planning area. Chapter 7 Recent..court cases, May provide: insights,that affect contains a detailed, discussion of the MEA the general plan:.:Publications, that -track and analyze Regional; state, and federal agencies have topical planning-rela&41f n',. include: information about environmental conditions. Regional ® Cumin's Cal forma: Land=use and Planning Law, air quality agencies have information on air quality which examines ihe'California planning: codes in Fends, growth assumptions; meteorology, and-landuse/` the context of applicable court cases. transportation control measures. Councils of government. often have special studies and plans that discuss regional ® Longtin's California= Land Use Regulations; which environmental attributes: The Association of Bay Area takes a detailed look at California's: development Governments, for example, las ;extensive information codes -and related iti'gation. on seismichazards available online (www.abag.ca.gov). ® California. Zon ing P�actice,.pubhshed bylhe Cali:- The;. California Geological ;Survey, within the De- forma Continuing Ed'ueation. of, the: Bar; which is= partnient of Conservation.(www.conservation:ca.gov similar to the previous two books: cgs), has maps. of earthquake faults and .other: seismic hazards" useful to developing the safety element. The Information about .planning, including cutting= edge- Department of Water Resources (www.water.ca.gov) theory, is.also:available on the Internet Two;notable sites has flood hazard maps. ,The I3epartment of Fish and among the=many cited iii=the'Resources,:sectr'onare:,. Game -(www dfg.ca.gov) has compiled the California �® Tl e� Land Use_��Planning.and Inn Network Natural='D:iversity Database (CN -DDB), which provides (LUPIN) atli ` //ceres ca> ov/ Tannin ,which con- ( ). g p g ,l:ocatft_ . an -d condition information concerning tains; links to resourceinformation; county`general California's rarestplants, animals, and natural commu- plans;. -and other useful tools:. ` , nities .The California Department of Forestry and Fire Cyburbia (www.cyburbia.org);:is, a treasuretrove of Protection. (www.firexa gov) has wildland fire hazard information about° planning; and contams" links to,(www severrty maps: and -the Office of Emergency Services hundreds of other. sites: oes;cagov) has snaps showing the potential for inundation from darn failure. The'U S. Fish and Wildlife Service's National Reviewing state planning: and development., laws<is{_ We' tacids. Inventory, has published a comprehensive also beneficial. Each year,, the Legislature enacts laws set of= maps of wetlands throughout the state affecting local government planning, activities OPIZ, (www.nwi.fws.gov). The Natural Resources Conser- annually compiles these. statutes in one:;publication, vation Service (www.nres.usda.gov) has compiled de- Planning,.Zoning andDevelopment-Laws; available,for tailed information on soil types and erosion control download on LUPIN. metho"ds: Nioresources of information are cited in Chap- ter 9 and in: the Bibliography and Resources sections. Th -e, laturI EnvIlir®entEIRs prepared forpast projects are another source Examining juris`diction's existing environment of env rorimentaI and resource data. Although this is a classic.early step in preparing,or revising a:,general inforniatron: rs'usually pertinent to a relatively small plan: Communities shouldidentify=their.green irifrastruc. area, when taken together EIRs can provide valuable tare, determining: their, regional form. and natural. sys resourceand eirvironmentaT data that is applicable tems,:Sucl%:aswater;;habitat, forest;,;naturalfeatures-and jurisdiction -wide:. General Plan Guidelines - 39 Chapter 3: Preparing and Amending the General Plan Infrastructure Capacity One determinant of the amount and location of fu- ture development is the capacity of the physical infra- structure (i.e., schools, fire stations, roads, sewer trunk lines, drainage systems, water and gas transmission lines, electric and other utilities, etc.). The current and projected capacities of these systems should be evalu- ated and compared to current levels of use, the levels projected by the existing plan, and the levels projected by the draft plan alternatives. The resulting analysis will help to identify available opportunities for devel- opment as well as potential constraints. The location of infrastructure elements such as sewer and water trunk lines should be mapped as part of this study. The adequacy of water supplies to serve future development is of particular concern in most parts of the state (see Chapter 6 for a description of water sup- ply planning issues). Consult with affected public utili- ties and special districts, if any, for information on the location and capacity of their facilities. Contact local school districts for information regarding school ca- pacities, projected needs, and surplus properties, if any. Regional and state transportation, air quality, and water quality plans and regulations should also be re- viewed. Consider whether any of these plans affect the future operation and expansion of public and private fa- cilities. Still another regional consideration involves the housing element. State law mandates that cities and coun- ties recognize their share of their region's existing and projected housing needs (§65583(a)(1) and §65584). The following basic questions should be answered in regard to infrastructure: ♦ Is capacity sufficient to serve current planned demand? ♦ Are there any areas with acute shortages of service? ♦ Are there areas with excess capacity? ♦ Will additional infrastructure be necessary to ac- commodate future development? This information will help decide when and where expansion will be needed and how infrastructure im- provements and expansions will be funded and will help in estimating the cost of extending services for each of the plan alternatives. It will also inform decision -mak- ers about which of the general plan alternatives may be the most cost effective. Demographic Information Identifying population trends is necessary to the development of realistic community goals. Population data are particularly important when preparing the land use, circulation, and housing elements. Population 40 General Plan Guidelines figures include estimates and projections. An estimate is a measure developed for some point of time in the past, e.g., a city's total population as of January 2002. A projection is a conditional population figure for some point in the future based on a given sef of assumptions, e.g., a city's population in 2015 if historical growth trends continue. The Demographic Research Unit within the Cali- fornia Department of Finance (DOF) prepares annual population estimates for the state and for individual counties and cities. Information on housing units, va- cancies, average household size, components of popu- lation change, and special populations is also available. DOF also forecasts both population and public school enrollment for the state and for each county for 50 years into the future with age, sex, and race/ethnic detail. DOF data are used to comply with various state codes, including the Regional Housing Needs Assess- ment (RHNA) process, and for research and planning purposes by federal, state, and local agencies, the aca- demic community, and the private sector. Cities and counties working on local population pro- jections should also contact the council of government (COG) for their region. COGS frequently prepare popu- lation projections for regional traffic and housing stud- ies. COGS also may act as coordinators for federal Census data. While estimates of population, projected change in total population size, and the rate of change are com- monly used in community assessment, the composi- tion of the subject population is more important than the mere size of the population. California is undergo- ing strong population growth and has been growing increasingly diverse in its ethnic composition. Differ- ent population subgroups account for varying patterns of behavior that impact planning assumptions and pro- jected outcomes. Housing, schools, transportation, em- ployment, and recreation needs are all affected by age, sex, and ethnicity. Understanding the nature of population change is particularly useful for land use planning. Population changes not only in total size, but also undergoes com- positional change and membership change. Composi- tional change is represented by net shifts in population subgroups, such as the shift in the proportion of an eth- nic majority from white to Hispanic, and is often asso- ciated with different behavioral characteristics. Membership change is turnover in the individual mem- bers of the population, such as college students who enter and leave a community, and may or may not change the composition, and thus the characteristic behavior, of the population. As--, discussed fiv the, previous, chapter;, understand- ingrthe. distribution of low -incomes and'-minoritypopu- lations.-has opu-lations;_has important implication& for environmental justice: Good demographic information,servesW iden- tify disproportionate effects, of environmental burdens and'subgroups underservedbypublic facilities and ser vices. Lt, can.,also-irnpro:ue. public participationm the planning process. Housing Stock and Needs Under housing element requirements:(§'65583), to cal governments..musi identify and analyze; existing and projected: housing needs,and_inventorythe resources, and, constraints relevant: to meeting: diose needs. The con'te.ntsII6fthcelqment must include.the following: ® Population1,andernploymerit trends, documentation: of projections, and quantifications of the existing and pro jected`housing.needs for all income levels. This needs analysis,;must include the locality's share of the, regionathousing; need. ® Hous.ehold character'.i S :mcludm- g levetofhous- mg_costs._compared to. ability to,pay, using -char acteristics;including, overcrowding; ,and=housing: stock.con ditions; , Land suitable for; residential development;:includ= ii -Ig vacant sites and°diose w,.th�redeveiopment po- tential and the relationship. of zoning and - public facihties?andservices tothese-sites. Governmental cons-traints'.on ihe:maintenance, im-, provernent, or. development of ,housing for all= in: - come levels,. including land_use. controls,: building codes., and their enforcement, site improvements; fees and"other exactions requ,ired-of developers, and: local processing and, permit procedures. IVon-governmental constraints, o' the maintenance, improvement, or development of housing . for, all. income' levels, mcludmg the availability of :finAna- ing, the'prke-of land,aiid- the cost of 111. ® Special housing needs, such.as-those ofthe disabled;' the 'elderly,.large:families,'persons mneed of,eme'r- gency= shelteL farmworkers, anel; familid. with fe- male heads of household'. ® Opportunities,,.for energy conservation m::r-esiden- tial development: Projectionof'the city's or county's Hous n&meeds should be consistent with the regional. Housing needs assessment prepared by the COG or`the.Department.'of Housing and Community Development (HCD) °for he region; within which the jurisdiction is -1&,.Infos; Chapter 3: Preparing and Amending. the General Plan mation and assistance in preparing the analyses and pro= jections may be obtained from HCD or the COG In large measure, the° information and data evaluation methods used will be the same: as those described in the preceding section. Because the regional housing need is.calculated in periods of five years and general plan projections are typically twenty years, planners should ensure that the projections are compatible. Economic Conditions Assessing -economic trends., s alsoimportantin pre= paring_arealistic general plan. Jurisdictions may un- dertake_';one or more economic studies on such subjects` as employment, market demand, and the fiscal impact ofvariousplan alternatives on the city, or county. The projections that result from these studies will form the basis for.planning assumptions, The Bureau of Economic Analysis (www.bea;.doc.gov) and the Census Bureau (www.census.gov) collect national and state -data. State information s,also available frornthe Employment De- velopment Department-(wwwedd:cagov),the Depart- rnent•of Finance,; and the State Board of -Equalization (www:boe ca.gov). Datal for small areas may be avail- able from local special censuses or surveys.. Existing Commitments and Policies Your jurisdiction's past decisions—approval of a vesting; tentat ve subdivision map, approval of devel- opment agreements, agricultural preserve boundaries, a com— ,mitindhfto provide certain services, ete.—influ- ence future. actions. Carefully 'review your previous commitments. to determine which are irreversible. Also -,important are the plans and commitments of adjoining cities and counties, local,school districts, utili- ties, councils 'of government and other regional agen- cies, Caltrans°'and other stateagencies, federal agencies such asthe Bureau. -of Land. -`Management and the U.S. Forest Service; .and`others. Collect and review the plans of adjoinmg:cities, counties, and affected regional agen- cies. The information in these plans, as well as their objectives,: policies, and programs, will be important when evaluating the regional context of the proposed general, plan: Irreversible. commitments will generally be among the "givens;" that are included in. the plan. These will lie m.the draft plan -as-a: matter oftcourse or carried over from the previous plan: and probably will. not be al- tered: Commitments must be consistent with the: goals, objectives,'andpollcies ofthe proposed general plan if they, are, I- be- mclu ded as part of the plan. Current- land use, policies should be examined in Chapter 3: Preparing and Amending the General Plan similar fashion. If long-standing policies would be al- tered by the proposed plan, would this affect projects that previously have been approved but not completed? The general plan may provide a transition between new policies and those under which projects were previously considered. Regulatory Setting Cities and counties in California are subject to a va- riety of state and federal regulations. These regulations affect future development, often on a project -by -project basis. The general plan is a means to address many of these regulations at a programmatic level and perhaps reconcile potential conflicts. Conversely, some of these regulations may provide tools for general plan imple- mentation. For example, the Williamson Act may help a county achieve it's open space goals for agricultural lands. Chapter 9 discusses a number of state and fed- eral regulations that may need to be considered in the general plan process. Analysis The planning staff must distill the mass of raw data that has been collected during the early stages of plan preparation into a usable form. The analysis of data serves as the bridge of logic from raw data to policy. The staff's methods and information base should be available for review by both decision -makers and the public. As part of the hearing process, it will be the task of the planning commission, the planning advi- sory body, and the city council or board of supervisors to make further refinements to the preliminary work done by staff. At the conclusion of the analysis phase, the plan- ning staff should have gathered not only enough infor- mation to complete the plan in accordance with the work schedule, but also to answer the pertinent questions of both the public and decision -makers. Ideally, the plan- ners will act as a central source of information about the community's history, environment, infrastructure, economy, and social characteristics. Data collection, data analysis, and special studies should be coordinated with the needs of the CEQA document being written for the plan. In the interest of efficiency, data collection and analysis should be com- prehensive enough to satisfy the needs of both the CEQA document and the general plan. For instance, the traffic analysis prepared for the land use and circu- lation elements must be complete enough to allow the evaluation of alternative plans, the final plan, and the project alternatives discussed in the general plan's fi- nal EIR. 42 General Plan Guidelines REFINE GOALS AND DETERMINE OBJECTIVES After data has been collected and analyzed, the goals developed early in the planning process may need to be revised. These refined goals should then lead to a set of objectives. Many jurisdictions do not separate goals and objectives, and proceed directly to the for- mulation of policies and alternative plan proposals. Formulating Objectives and Policy As noted in the definition of policy statements in Chapter 1, general plan objectives provide the direc- tion for a community's physical development. These objectives help define the range and types of data nec- essary for preparing the plan. Consequently, cities and counties should draft their general plan objectives in the early stages of plan preparation once the issues, opportunities, and assumptions have been determined. State law mandates citizen involvement in general plan preparation "through public hearings and any other means the city or county deems appropriate" (§65351). The pub- lic should be involved in the formulation of objectives to help make sure that they reflect community values. Developing objectives can be difficult. Objectives tend to be general and futuristic and their direct effects on individual citizens often are not readily apparent. Conversely, identifying objectives may also crystallize areas of disagreement. Nevertheless, a plan that is for- mulated without some type of community consensus may be headed for an early major revision. Ample pub- licity about the formulation process, along with some specific examples of the potential effects of objectives, may help stimulate public interest and allay concerns. Even with good community participation, problems may arise when: ♦ Objectives are not held in common by all commu- nity members. ♦ There are conflicts between the objectives of indi- viduals and those of the community. ♦ There is disagreement about whether certain ob- jectives are intermediate or ultimate in nature. ♦ There is disagreement about what ends the objec- tives serve. ♦ Objectives conflict with one another. ♦ There is disagreement about the relative value of objectives. ♦ Objectives are unrealistic or infeasible to attain, such as objectives that are contrary to law or beyond the jurisdiction's authority. Here,ma. suggestions. for working through issue=re-lated..confhcts::: Establish:; the., perimeter of concern for the: issue. Decide: the types of issues; to: be'"addressedby the general; plan's_objectives..This focuses-- discussion on set,ofrelevant,- i's sues Establ"ish> a range, of 'clioicee. Within the. perimeters of con cern;_theJunsdlction should sele.ctthe major desirable objeetive.s that have a chance of being realized.! ® Consider4he.relationshipsbetween issues.Relation ship.s:"will exist among the selected objectives. For example,;.some may; be means to higher objectives. Others;may be mutually exclusive. Directing effort toward -certain objective.s maydraw resourcesfrom the work° toward ' others. ® Assign relative values to related issues. This evalu- ation can be carriedout in part with the preceding step to eliminateunwantedorunnecessaryobjectives ® Establish policy. At` this point, the jurisdiction should ..be able toy select a. tentative set of obj ec- tives. These will guide -.sub. sequentwork on�the;gen- eratplan and, may. be` revised at later steps in the process. DEVELOPING AND=;EVALUATING ALTERNATIVE, PLANI& For. any set of objectives,.therewill.be:anumber of possible courses: of action a community, may pursue. Alternative plan=;proposals should be. developed ---and examined atthis stage to: -enable a commumtyao weigh its possible, directions.. Besides the -objectives; the.vary- ing.plans should .containalternative sets of principles, policies; standards, and'planpropos.als. To the extent possible, the alternatives- should be developed with implementation:measures innund..This will Help"""to en- sure the feasibility -of thebasic"policies of eachaltema- tive: The nature and detail of the alternatives will4epend upon the extent of the planning program. For new gen- eral plans and comprehensive general' plan revisions, the alternativesmayfocus on population levels'andon the scale, 10cation ,andtypeof development: The 41ter- natives in- a: more limited planning, program;such as for a single element, may deal with a narrow—of range of options. In some cases, altemativeplansmy differ only in their treatment of a particular region or,- issue. In these instances; take care that the alternative poli= cies and implementation measures are cons Jk6ntwith other parts of the plan. Chapter 3: Preparing`and Amending the General Plan Alternatives need not be .highly .detailed. Theidea is to look at possible futures. Detailed objectives and poh- cies.will be developed once the preferred plan is selected. Additionally,' the alternatives need not be mutually exclu- sive. Ultimately, decision-makersmay_ select"an amalgam of two or more alternatives as the best choice. Each alternative should be: evaluated. for its short and long-term effects on the community. Three major areas should be examined: economic; Isocial, and envi- ronmental.- Performance in these areas will help select the preferred` plan. In this era of tight city and county budgets, the as sessment of the economic effects: of'general plan pro- posals and of specific projects has' come increasingly important. Economic impact assessment, focusing on both fiscal impacts and broader economic effects, tries to quantify the relative economic efficiency of alterna- tive proposals. Books such as Development Impact; Analysis (1990) by IPobert .W. Burchell and the Devel opment1inpact Assessment Handbook; (1994),` also by Robert W. Burchell (seethe Bibliography); are helpful in calculating the fiscal impacts of growth.. Social impact assessmenthas become fairly com- mon.-in ommon. in recent years. Unlike environmental- and eco- nomic impact assessments, which focus primarily on the effects on systems and institutions; social impact as sessment focuses on individuals andgroups, of people - within the community. It attempts to identify .and asses"s changes in people's well-being and/or quality of life. CEQA Guidelines § 1`5126 specifically requires that an EIR,including: a general plan EIR, address feasible alternatives that will .reduce 'or avoid one or more of the significant effects associated with;the proposed plan. The EIR must also analyze the "no project" alterna- tive. The level of detail in the analysis of the alterna- tives should correspond to the specificity of the planning document. The EIR's analysis should help local legis- lators select the most appropriate general plan alterna- tive to adopt. For a more detailed discussion, see Chapter 7. SELECTING THE PREFERRED PLAN After the community thoroughly reviews the plan- ning alternatives, decision -makers should be able to select a preferred course of action, either one of the alternatives examined or a synthesis of parts of several alternatives: Whatever the decision, the basic direction must be set as clearly as possible. The preferred alternative at this point may lack suf- ficient detail to meet all state requirements and com- munity needs. This will be , particularly true when preparing a new general plan or thoroughly revising an General Plan Guidelines . 43 Chapter 3: Preparing and Amending the General Plan old one. Consequently, the objectives and policies will need adjustment and refinement, while standards, plan proposals, and implementation measures will require more detail. The result of this process will be a draft general plan that can be submitted to the public and to decision -makers for formal review. Additional environ- mental assessment will be required if substantial changes are made to an alternative. Adopting the General Plan or Plan Update Where possible, formal public review of the draft plan and the draft EIR should take place together. The entire general plan proposal must be considered by the planning commission at a public hearing before it takes formal action on a general plan or a general plan amend- ment (§65353). A recommendation by the planning commission to approve a general plan or an amend- ment must be made by not less than a majority of its total membership (§65354). The legislative body (i.e., city council or board of supervisors) must likewise hold at least one public hear- ing on the general plan and the recommendations of the planning commission before taking formal action (§65355). At least 10 days prior to each of these hear- ings, the local government must give public notice of the time and place of the public hearing by publishing an ad in a newspaper of general circulation (§65353, §65355, and §65090). In addition, the proposal must be referred to the agencies listed in the next section under "Intergovernmental Coordination." If a proposed general plan or amendment would af- fect the "permitted uses or intensity of uses of real prop- erty," notice of the public hearing must also be mailed directly to the affected property owners; local agencies expected to provide water, sewer, street, school, or other essential facilities or services to the project; and the owners of properties that are within 300 feet of the project boundaries. If the number of landowners to whom notice must be provided exceeds 1,000, the agency has the option of placing a 1/8 -page advertise- ment in a newspaper of general circulation at least ten days be- fore the hearing (§65353). The formal public review in- evitably leads to changes in the draft. If the community and de- cision -makers, particularly the legislative body, have been ac- tively involved from the begin- 44 General Plan Guidelines ning, there should be few major changes. If the legisla- tive body makes substantial changes in the proposal not previously considered by the planning commission, such changes must be referred back to the planning commission for its consideration prior to final action by the legislative body (§65356). The change may need to be subjected to additional environmental review. Pursuant to CEQA Guidelines §15090, the adopt- ing agency must certify that the final EIR has been com- pleted in compliance with CEQA, that it was presented to the decision-making body of the Lead Agency, and that the decision-making body reviewed and consid- ered the information contained in the final EIR prior to adopting the general plan (City of Carmel -by -the Sea u Board of Supervisors (1977) 71 Cal. App. 3d 84; Kliest a City of Glendale (1976) 56 Cal. App. 3d 770). Planning is a political process. It is seldom possible to write a general plan that is all things to all people. However, the plan that emerges from the meetings and hearings should, to the extent practical, attempt to rec- oncile community interests. The ultimate success of the general plan will depend upon public acceptance. The general plan will be the community's basis for deci- sion-making and, as such, should reflect the views of the community as a whole. Voters may also act directly to adopt or change a general plan. Because adoption of a general plan is a legislative act, it is subject to the initiative and referen- dum processes (Yost a Thomas (1984) 36 Cal. 3d 561; DeNta a County of Napa (1995) 9 Cal. 4th 763). Intergovernmental Coordination State law requires local governments to work not only with citizens, but also with other governmental agencies and public utility companies in preparing and implementing their general plans (§65103(e)(f), §65351, ELEMENT REFERRALS TO STATE AGENCIES O U y C m y CL m � U 2 U O Z CaMomia Geological Survey X Coastal Commission All elements related to the Local Coastal Plan vDepartment of Forestry & Fire Protection Xy Z W Department of Housing & Community Development X a Mining & Geology Eloard X2 Xz X2 Office of Emergency Services X Resources Agency 'A X 1 Applies only to counties with State Responsibility Areas for wildland fire 2 Submit all elements containina mineral resource manaaement policies Chapter 3' Preparing and Amending the General Plan and," §_'455352)'.. Intergovemin ental, coordination involves lations of cities and counties. Nevertheless, cities and more than-,, a formal: exchange of information and:plans. counties containing Indian lands needto work closely In the planning, process,,. logiti mato.conflicts can crop with local tribes so .that the general plan=reflects the up between=nagencies withdifferent responsibilities, con- tribal governments: development plans for; these areas. stituencies ;and viewpoits; Close coordination is, also. important in arriving;at com- Upon-request; a ci must`refer a:proposal.to.amend patible:-land use proposals for the areas adjacent to In - or adopt a.generalaplan:or zoniigordinance to a county dian trust.lands. whose planning review area- would `be- affectedyby-the action. A. county must do the:.same for..an;;affected city Submitting Plans to .State Agencies (§65%9 and' §65919.3). State law and selected regulations require cities and The affected county or city must be,notifiednolater counties to send copies of theirgeneralplandocuments than the date upon which the city or„county..provides to selected state agencies for review* In on,y.one case' notice of the -plane ng.commission's:hearing on the pro- does a state agency actually have -authority to.:approve' posal-The hearing notice. must be. delivered by snail orgeneral plans: 'the ; Coastal --Commission certifies the by hand, contain the information provided in.-generaladequacy of.Local Coastal 1?rogr'ans, ;which,"include . hearing notices; and,"state the earliest date upon which relevant portions of local general plans for jursdictiotns the city counciliior,counlyboard of supervisors -will. act inthe coastal'zone. on the 'proposal (§659`19:4). A city or county desiring Cities and counties must send draft;housing elements referrals of this type mustfile a reap or other documen= and proposed.amendments to HCD for review prior to tation as ,specified in. §65919.2 Alternatively, "a City adoption (§65585(b)). State law requires local govern and county may agree. on a referral' procedure.. ments" to send the drafts' of newhousing -.elements -,.to- A local government, thati receives a referral has. 45 HCI at least 90 days prior -to adoption. When a,city or days°ao review;.comment,; and make, recommendations " countyconsiders- a `housing elementamendment; the regarding the plan propo`sal's consistency with,,. the af- planning "agency must send a draft of the proposal to fected city's, or county's general -and specific plans and HCI 60 days prior to adoption. zoning ordinance; Eefore a -city or county adopts or HCI is required to send its comments on a draft amends a plan,it must consider the affected to the cityor county planning.agency within 90 days jurisdiction's comments and recommendationsIf a lo- for new Yiou ing e'lernent"s and 60 days for an amend- cal legislative body modifies and, sends the proposed menta. The city .council or county board of`supervi action back to its.: planning commission; it must, also sors must consider those HCD comments that arrive refer the change. to, 4heaffected city{or county.,; on time. If the comments arrive late, `local "govern-,. Cities and, counties: must” send.their, adopted Hous- ments must consider them in conjunction with Ta mg -.element, and any amendments; to all public: agen- fuse hou mg element amendments. Furthermore; each cies and private entities that provide water. and sewer city and county must sendto HCD' copies of the service (§65;589:7). Water and sewer, service providersadopted housing' element and any. amendments ; shall, whenn_all"ocatmgresources, give pr "onty to: those (§65585(c)).Foranyhousingelementthathasbeen'found. proposed developments that help meet the city's orby HCI to substantially co with the requirements of " county's share of the. regional' housing. need for lower: state.housing law, there is a rebuttable'presumptioii�llof income households.validity in any legal challenge. A localplanning agency is entitled to review for. con= Every city and county must consult with the Cali sistency with its generalplan real property acquisitions forma Geological Survey and the` Office of Em"er= for public works, real property dispositions, and pro- gency Services -"before the adoption orirevision" of a posed public buildings or, structures as specified by safety element: Local governments must respond to §65402(b)(c). These are actions and:projects undertaken the 'findings of these agencies as.apecifed in Chapter 3: Preparing and Amending the General Plan management polices to the State Mining and Geol- ogy Board for review and comment. The same is true for subsequently proposed policy amendments (Public Resources Code §2762(b) and (c)). Local governments must send their open -space ele- ments to the Secretary of the Resources Agency. Sec- tion 65563 provides in part that, "on or before December 31, 1973, every city and county shall pre- pare, adopt, and submit to the Secretary of the Re- sources Agency a local open -space plan." Jurisdictions may seek input from other state agen- cies besides those cited above. Agencies such as Caltrans, the Department of Fish and Game, the De- partment of Conservation, the Office of Emergency Services, and the Regional Water Quality Control Board often have a major interest in the consequences of lo- cal planning. As a matter of intergovernmental coordi- nation, cities and counties should send copies of their draft general plans to their state contacts. As a final requirement, under the CEQA Guidelines, local jurisdictions must submit draft EIRs for general plans, elements, and amendments to the State Clear- inghouse within the Office of Planning and Research to allow review by state agencies (Title 14, California Code of Regulations, § 15161.6). While not required by law, planning agencies may send a copy of a newly adopted or revised general plan or element, along with subsequent amendments, to the County Municipal Collection in the State Library's Gov- ernment Publications Section. The library makes gen- eral plans available to the public for reference. Library users may also borrow plan documents through any local library's inter -library loan process. In addition, the Resources Agency, through the Land Use Planning Information Network (LUPIN, www.ceres.ca.gov/lu- pin), has an electronic library of local general plans and always appreciates getting electronic copies to add to the collection. IMPLEMENTING THE GENERAL PLAN A person can determine a city's or county's commit- ment to its general plan by the manner in which local officials implement the plan's policies to achieve its objectives. The most successful plans are those that were written from the start with a concern for realistic and well-timed implementation measures. Adopting infeasible planning policies or implemen- tation measures is a waste of time. To avoid this, the planners who will be implementing the plan should be involved in its preparation. In addition, the general plan should identify, where appropriate, the local agencies responsible for carrying out implementing actions (i.e., 46 General Plan Guidelines the current planning division of the planning depart- ment or the development/traffic engineering division of the public works department). While existing law specifically requires an identifi- cation of implementation actions in the open -space, housing, and noise elements, the general plan should identify such measures relative to every element. For example, the land use element might indicate that its provisions will be carried out by particular zoning mea- sures, subdivision procedures, specific plans, develop- ment agreements, or the local building code. Chapter 10 contains a more detailed discussion of general plan implementation measures. CEQA requires that general plan policies and the implementation program reflect the mitigation measures identified in the plan's EIR. In addition, the jurisdiction must adopt a mitigation monitoring or reporting pro- gram to ensure that mitigation measures are imple- mented (Public Resources Code §21081.6(b)). Monitoring Implementation The general plan should be a dynamic document. It is based on a snapshot of community values, politics, and conditions at a particular moment in time, i.e., upon plan adoption. Since these factors are always in flux, local governments should continually monitor the rel- evance of their plans to ensure that they remain in touch with their evolving communities. Each city and county should establish formal proce- dures for regularly monitoring the effectiveness of its gen- eral plan. When a monitoring program reveals a plan inadequacy, the city or county should amend or, if neces- sary, totally revise the general plan to bring it up to date. Those portions of the plan having a short-term fo- cus, such as the implementation program, should be annually reviewed and amended as necessary. The re- view should take into account the availability of new implementation tools, changes in funding sources, and the feedback from plan monitoring activities. Indeed, §65400(b) requires the planning agency to "[p]rovide an annual report to the legislative body on the status of the plan and progress in its implementation." The local agency must include as part of this report an evaluation of its progress toward meeting its share of the regional housing need (§65584) and local efforts to remove the governmental constraints that may serve as obstacles to meeting those needs (§65583). More information on the annual progress report is provided in Chapter 9. At least once every five years, each local planning agency should thoroughly review its entire general plan and revise the document as necessary. State law requires every city and county to evaluate its housing element as frequently as necessary, and to revise the element:: as: appropriate' -not less than every five:year-s, (§655n). Under CEQA a,locaL,government-,must establish a mitigation monitoring or reporting program for its. gen eralplan whenever appr:,oving the p1-aia.involves either: the adoption:of.a:miugated negative declaration or- speci= fled EIZrelated. CEQAAhO *811. Logically. thevograi should_be-part ofplanmomtoring activities; suchr.as the; annual<p'lanning report..: GENERAL PLAN AMENDMENTS. . The most common sort of revision to a:general plan is an amendment associated with a privately uu%tiAdd de= velopmentproject. CTenerally,'localgovernments-may.not- amend, any one, of the mandatory elements of the general: plan more than- `four� Imes` in- one calendar year (§65358(b)): However; this limitation does not applyto. ® Optional elements. ® Amendments requested and necessary for afford- able housing.(§.65358(c)). ® Any amendrn'entnecess.ary to comply with, court decision ir% a: -case nvolumg the t& adequacy of the general` plan::(§65358(d)_(1));: ® Amendments after.?"anuary. 1, 1984;.10 -bring a gen- eral plan.. into,, compliance With; an, airport landuse plan ® Amendments needed m connectionwithah;e,-adop- tion :af a comprehensive development plan:..under the.Urban Development Incentive ,Act (Health and- Safety,. Code §56032(d)): ® Any amendments for the purp_ose.of,devel' mg; a certified Local Coastal Program<(Public.IZesources Code §`30500r(b)) Chapter" 3: Preparing andArnending the General Plan Section 65358(b) provides that each amendment may include more than one, change: to the 'general plan. -At four times during, the year; many local governments group, together. several proposals for change, review them individually,= and analyze'their cumulative effects: Anyone -proposal in -the pack age can be altered -or de leted _up. until: the time of °adoption. If the,board or council -finds itself making frequent. piecemeal amendments; majordefects may exist in the generalplan. In these cases,I the jurisdiction should con- sider a;planupdate or a,majorplan. revision 'to address these. issues. Amendment, of a general plan .is subject to the mi. tiative and referendum.processes. In DeVitd v County of Napa (1995) 9 Cal. 4ih 763, the California Supreme Court held that Elections Code. §9.111 permits.,the adoption or amendment .of: a general plan. by initiative and referen- dum (althougli the court.left open the question.ofwhether the housing 016mentniaybe so adopted or amended). In addition;-the'.court stated thatinitiative amendments must:conforin to.tho requiremeiits of planning law, in eluding cons-isteney requirements For amendments. other thanthose undertaken by, ini. tiativelocal governments inust`follow the notice and= hearing:,procedi res outlined "m'-'-:.-§.,653.5,0; et seq.'The pro cedure is.:the'sa'me''as for enactment of a gerieratplan including adoption of a resolution. by, the legislative body. Section: 65354:5(a) requires cities and counties'. to establishprocedures-foreany iiiterestedparty to ap'- peal a:�planni ig commission:decision. Additionally; general plan amendments%are subject to CE'A ,Pursuant to Landi v., County,of Monterey, (1983)'139:C`al App.3d 934and later- - se law, amend- ments are'- not" subject to the Permit Streamlining Act (§65920°et seq)`.: General Plan Guidelines 47 CHAPTER 4 Required Elements of the General Plan All statutory references are to the California Government Code unless otherwise noted. general plan is required to address the speci- ed provisions of each of the seven man- 1ated elements listed in §65302—land use, circulation, housing, conservation, open space, noise, and safety—to the extent that the provisions are locally relevant. The purpose of this chapter is to outline the content of each element as required by statute. These are statewide guidelines, so they offer a broad over- view of what a general plan might contain. The order in which the elements are presented matches the order in which they are listed in §65302. This should not be misconstrued as the order of importance or the order in which a jurisdiction should prepare elements. All ele- ments have equal weight under the law and can be pre- pared in any order or even combined, as is discussed further in Chapter 5. The discussion of each element includes the fol- lowing sections: an overview, court and attorney gen- eral interpretations, relevant issues, ideas for data and analysis, and ideas for development policies. The "Rel- evant Issues" section discusses the required contents of each element and may include recommendations on topics related to those issues. The housing element guidelines expand on this basic format due to the com- plex statutory requirements of this particular element. For both the housing element and the open space ele- ment guidelines, there is a discussion of implementa- tion measures. Despite the fact that statute requires a discussion of implementation only in these two ele- ments, each planning agency has a duty to implement the entire general plan (§65103 and §65400). The dis- cussion of each element concludes with a section on technical assistance. RELATIONSHIPS AMONG ELEMENTS AND ISSUES Each of the seven mandatory elements is presented separately in this chapter, however there is no require- ment that a plan consist of seven separate elements. A jurisdiction proposing a comprehensive or multi -ele- ment revision of its general plan may choose to con- solidate elements so long as all of the relevant statutory issues are addressed (Kings County Farm Bureau u City of Hanford (1990) 221 Cal.App.3d 692). When 48 General Plan Guidelines revising a single element, local agencies should exam- ine and revise all of the other elements, including op- tional elements, as necessary to avoid internal inconsistencies or conflicts. This chapter provides cross- references between elements to help identify where statu- tory requirements overlap and consolidation may occur. The statutory requirements for the elements over- lap and intertwine. For example, conservation of open space and agricultural land are topics under the open - space, conservation, and land use elements. Similarly, the noise element is directly related to both the land use and circulation elements. Most general plans mix and consolidate some or all of their elements. The im- portant thing is that the elements and issues form an integrated, internally consistent plan of which all parts are equally weighed in their application (Sierra Club u Board of Supervisors of Kern County (1981) 126 Cal.App.3d 698). A concise general plan avoids repeti- tive discussions of topics by consolidating the statu- tory requirements into a few functional elements. In general plans, conciseness is a virtue. General plan elements and issues interrelate func- tionally. For example, consideration given in the con- servation element to the vegetation that supports an endangered wildlife species also involves analyzing to- pography, weather, fire hazards, availability of water, and density of development in several other elements. Key to Abbreviations in Chapter 4 The following abbreviations are used in this chapter to denote other elements that might also address a particular issue: L: Land Use Cl: Circulation H: Housing CO: Conservation O: Open Space N: Noise S: Safety MAP or DIA indicates information that can be shown on one or more maps or diagrams. Thus, :the preparationof a.general plan must be approached`on multipl'e'levels- and, from=an in- terdisciplinary, point, n-terdisciplinarypoint, o -View A general- planshould.bewritten as, an inte- grated statementuof policies. Abasic understand= ing of the, st'ructur'al; and: functional interrelationships<betwe'en issues. and,,, me'nts. can helpavoid the problems> ass,oeiated with. treatn i�s'snes it isolation asp we l as gfocus planning efforts on theIey issues: The table at right illustrates the relationship& among the seven mandatory elements and the required topics of the�,general plan. Remember that not every general plan wil address these issues to. the: same; extent 'or in the same manner. Cities; and counties should design their,: gen- eral plan=formats, to suit thetopographic, geo- logic, climatologic, political,,socioeconomic, cultural; and historical diversities that; exist within their communities. LANES USEELEMENT The land use element,funetions; as .a; guide to planners,; the general public, and decision In akers as -to. the ultimate pattern of develop_.„ " ment for, they city or county= at build out.; The land use element las perhaps the broadest scope of the seven mandatory=`elements. In tlieory;;`it plays a. central: role in correlating all land use 1? Y issues into;,a,,setof coherent development'poli- cies. Its objectives,, polcies;.an'd programs re late directly! °to=the, other: elements In practice,. it is the most visible and.offen-used': el"errient;in theloca°lgeneral:plan. Although all general plan: elementscarry equal weight,,,the. anduse ele went is often, perceived as,- being;, -most: reprep sentative of "the general plan:" The land- use element has:. a pivotal, role in zoning, subdivision, and public works ,' deci sions. The element's objectives and policies provide a long. -range context for those short term actions. Court and Attorney General lnterpretatlons The following, legal interpretations have ad dressed the land use. element with regard:to the land use diagram, population density, building: . intensity; the designation of solid waste. disposal , sites and its relationship to the circulation and,., noise elements. Chapter 4: Required Elements of the General Plan—Land Use �,. r U) CD Ca L o '0., CL o . _01 z n:�: € k €I`'i? ,, E{r�3 Air Quality X Hl Ili€E,�€g € l.Irfi`�1 . , tE�ty Density :. . ,srtill i 3 WE Eh'E�1�€l,1 ll �i -I 3#p ilr m , �€ �tcEa a ,€„k . ',. ,, €:. ani IUd, Fire €W i l� i [ , � Flooding '')( `, zdWi , Housing ' 2EE XII Eat' 3€9, , ui �� nd�i �fEu�� Land ReclamationX. �l€, €EIeki . -. 99 j( ��Minerals( 1€ El jl!u ,1 I j#1li { illim I fit TIP 0 Public Butldin"gs € [!E'i1:E[#I lll, ui'i?€113, 111l", {'i 14 {t€ 'Y&EEii3 (Ilf1f� ardis E s3€ € #€€H, Ea ®, Recreation ...X X I!' � �,�,lIIE r11111�� 11IQ, (I � y�y�,j ��E3 r eso Qe$€, I� e SS{{ EE >EiMOI , i ti,Ya IQ€t� • ,3 ,.sI i4iI, I T � ri,E�€l�I.aliN Sei`smicHazards X'°., X �i €IE E iE E'E F1'I1i SIZE, i! , ¢ ` i' (€E d ,EC,`n,SLj€ri ,� E ( �' , , iEE fS jl�gv 3 PRA { i,�..i��i'pl�`�,. E.,i3€€�#_L#� 1, ,,,�`E;'•..4,,'JiAnE€ <aEarsr� P,a�t,q Soil Instability, Transportation Terminals- X ` E € ttll IeS/a : erf l n�s�fi(�I I it I� E . Waste; Facilities, K 19 €! � Water Sup. X2 `X X X ply 777! IE ! I E EFh3£„�€t'l�iii�� iEk��t~tit„E>�EL lUzae, G WateM4ysNVatenBotlies X X I ,tr �ldltfI�'�'��i,. Chapter 4: Required Elements of the General Plan—Land Use The land use diagram Attorney General Opinion No. 83-804, March 7, 1984 addresses the required level of specificity of the land use diagram. In answer to the question of whether a parcel specific map is required for the land use ele- ment of a general plan, the Attorney General reasoned that the detail necessary for a parcel specific map may be developed at a later stage in the land use process (through specific plans, zoning ordinances and subdi- vision maps); therefore, a parcel specific map is not required, only a diagram of general locations illustrat- ing the policies of the plan. The California Supreme Court, in United Outdoor Advertising Co. a Business, Transportation andHous- ing Agency (1988) 44 Cal.3d 242, briefly discussed the degree of precision which can be expected of a general plan. The high court held that when San Ber- nardino County used a circle to distinguish the com- munity of Baker as a "Desert Special Service Center" the county did not delineate a well-defined geographic area. According to the opinion of the court, "the circle on the general plan no more represents the precise boundaries of a present or future commercial area than the dot or square on a map of California represents the exact size and shape of Baker or any other community." The concept of the diagram as a general guide to land use distribution rather than a parcel specific map also figured in the case of Las Virgenes Homeowners Association v. Los Angeles County (1986) 177 Cal.App.3d 310. There, the court of appeal upheld the adequacy of a county plan which contained a general- ized land use map and which delegated specific land use interpretations to community plans. See Chapter 1 for a discussion of consistency between the diagrams and the plan text. Population density Camp v. County of Mendocino (1981) 123 Cal.App.3d 334 established that a general plan must contain standards for population density. It did not, however, define such standards. The court in Twain Harte Homeowners Association a Tuolumne County (1982) 138 Cal.App.3d 664 defined population den- sity as the "numbers of people in a given area and not the dwelling units per acre, unless the basis for corre- lation between the measure of dwelling units per acre and numbers of people is set forth explicitly in the plan. Population density standards need not be restricted solely to land use designations with residential devel- 50 General Plan Guidelines opment potential. As the court stated in Twain Harte: "it would not be unreasonable to interpret the term "population density" as relating not only to residential density, but also to uses of nonresidential land catego- ries and as requiring an analysis of use patterns for all categories ... it appears sensible to allow local gov- ernments to determine whether the statement of popu- lation standards is to be tied to residency or, more ambitiously, to the daily usage [sic] estimates for each land classification." Although applied differently from one jurisdiction to another, population density can best be expressed as the relationship between two factors: the number of dwellings per acre and the number of residents per dwelling. Current estimates of the average number of persons per household are available from the Depart- ment of Finance's Demographic Research and Census Data Center (www.dof.ca.gov). Building intensity The Camp decision also held that an adequate gen- eral plan must contain standards for building intensity. Again, the Twain Harte court has provided the most complete interpretation of building intensity available to date. These are its major points: intensity should be defined for each of the various land use categories in the plan; general use captions such as "neighborhood commercial" and "service industrial" are insufficient measures of intensity by themselves; and, building in- tensity is not synonymous with population density. In- tensity will be dependent upon the local plan's context and may be based upon a combination of variables such as maximum dwelling units per acre, height and size limitations, and use restrictions. Unfortunately, the court stopped short of defining what are proper mea- sures of building intensity. Local general plans must contain quantifiable stan- dards of building intensity for each land use designa- tion. These standards should define the most intensive use that will be allowed under each designation. While the land use designation identifies the type of allow- able uses, the building intensity standard will define the concentration of use. Intensity standards can in- clude provisions for flexibility such as density bonuses, cluster zoning, planned unit developments, and the like. OPR recommends that each intensity standard in- clude these variables: (1) permitted lands uses or build- ing types; and (2) concentration of use. Permitted uses and building types is a qualitative measure of the uses that will be allowable in each land use designation. The concentration of use can be defined by one or more quantitative measures that relate directly to the amount Chapter 4: Required Elements of the General, Plan—Land Use of physical., development that�;will be allowed: _Maxir ernent) and the road system necessary to serve that level mum, dwelling:units I per.acre is a goo&residential.stan- (represented in the circulation element). The road sys- Bard: Floor area:ratio (the ratio of building floor area tem proposed in the circulation element must be to, the totalsite area) is a:useful..rneasure of c.omrner- "closely, systematically, and.reciprocally;related to the cial and industrial. intensity., The ;du`al: standard: of land use element of the plan" (Concerned Citizens, u - maximum. lot coverage. andrnaximurn building height pra, at p.100). is, suitable for ag=ricultural; open:=space, and recr-e- ational=desrgnatrons where development is being lim;- Noise ited. On the o=ther hand, lot size; which. has been°`.. According to §65302(f), the noise element is to be widely, used:'for: agricultural and' open space designa= , used as "a guide for establishing a`pattern of land uses tions, is an .inadequate, ;Standard of :building intensity the land use element that miniinizesilie exposure of because although t regulates.lot area, rt does.not quan- .. -community residents to :excessive, noise." : When,.the tify the allowable concentr.,aton of development on noise element is inadequate, the land,use, element may each lot. be invalid, as iii the Camp ease. Solid waste, sites Relevant Imes Concerned•Citizens. of Calaveras County a Board This discussion offers a general guide to the con- of Supervisors, (1985)1 1.66 Cal.App 3d.90, held that. the general.plan is,.not required -to identify existing solid the tents of the land use element. Note that while e waste disposal sites I=Iouwever, because the purpose of focus is on .the minimum requirements for an .ad- the land use element is O designate "the proposed,gen- equate land.0 se element; an effective general planwill . eneral.ovation and ;extent"` of ' eral distribution andg focus on those ' issues of greatest relevance to the landuses elementmust.identify future sites: community. T1ie identificationof futurePsolid:waste:disposal°.sites. The purpose of the land use`element is to designate is particularly�iinportan.t: when preparing, or.;irnple:- "the proposed general distribution `and general 'loca- menting Integrated_ Waste I;anagembnt.. Plans tion and extent of uses of -the land." he land use ele- (IWNTPs) Public Resources;: Code §41"720' now re- ment should focus: on: the f iture, growth and physical quires that .--the IWMR` develnnme-nt-df the coin- countywide,siting el;:e,- menti ncludim.any areas: identified for the'�locationf of anew or -expanded sold waste transformation or disposal` :facility, .;be oper sistent with the applicable general plan. Circulation The: Twain orte and Concerned: Citizens deei= . sions also discussed the close relationship between the land use and'circula- tion elements. Pursuant, to the decisions of the: Con— cerned Citizens,: Tina=in ` Harte, and Camp. ,_ v. Mendocino courts,_ the general plan must reflect both the anticipated level of land development (rep- resented in the land use°el- Chapter 4: Required Elements of the General Plan—Land Use Ideas for Data and Analysis The following is a list of topics that should be con- sidered during the preparation of the general plan and, if relevant, included in the land use element. These subjects are based upon a close reading of the statutes and case law. When the information col- lected for the land use element overlaps that needed for other elements, the related element has been noted in parenthesis. Housing, business, and industry ♦ Examine current and future population data. (H) ➢ Identify demographic trends (age, income, persons per household, etc.). ➢ Identify concentrations of low-income and minority populations. ♦ Inventory existing residential, commercial, and in- dustrial land use in the planning area. (DIA) (CI) ♦ Assess local housing needs based upon projected community and regional growth trends, including the regional housing need allocation plan. (H) ♦ Project needs for specific land uses, including resi- dential, commercial, and industrial development, based upon projections of future population and economic conditions. (H) ♦ Assess the capacity and availability of infrastruc- ture necessary to support proposed land uses. (H) ♦ Assess the general efficiency of movement of people, goods, and services. (CI) ♦ Inventory potential transit -oriented development sites located near transit routes (within 1/4 to 1/2 mile). (L, H) ➢ Assess appropriate density for the transit sta- tion community. ➢ Assess appropriate residential/commercial mix. Open space ♦ Inventory open -space lands, including open space for conservation and agricultural, forest, grazing, and recreational lands. (DIA) (CO, O) ♦ Assess local open -space needs based upon com- munity goals and objectives, the existing open- space/population ratio, and the anticipated population growth. (0) ♦ Delineate the boundaries of watersheds, aquifer recharge areas, and floodplains and the depth of groundwater basins. (DIA) (CO, O, S) 52 General Plan Guidelines ♦ Delineate the boundaries and descriptions of unique water resources (e.g., saltwater and freshwater marshes, wetlands, riparian corridors, lakes, wild rivers and streams, etc.). (CO) ♦ Describe the species, distribution, and population of wildlife and fish, including rare and endangered species. Normally, this will coincide with a habitat inventory that includes the location and type of bod- ies of water; the type, location, and extent of plants, identified according to the Department of Fish and Game's classification system; and identification of key wildlife habitats, including winter range and migration routes for deer, wintering and nesting grounds for waterfowl and other birds, salmon spawning areas, and habitats of rare or endangered species. (DIA) (CO, O) ♦ Describe species of rare, threatened, and endan- gered plants, their distribution, and rate of occur- rence. (DIA) (CO, O) Agricultural resources, including grazing land ♦ Identify the location, amount, and ownership pat- terns of land in agricultural production and suit- able for agricultural production. (DIA) (0) ♦ Include location, acreage, and extent of classifica- tion of soils (including identification of prime and other farmland classifications) in the planning area by Land Capability Classification. (DIA) (CO) ♦ Generally describe agricultural production in the planning area by crop type. (0) ♦ Identify land within the boundaries of Agricultural Preserves and land subject to Williamson Act con- tracts and Farmland Security Zone contracts or in other land conservation programs. (DIA) (CO) Mineral resources ♦ Identify the type, location, quality, and extent of min- eral resources, including oil and gas. (DIA) (CO, O) ♦ Inventory the location of significant mineral re- source areas classified and designated by the State Mining and Geology Board pursuant to the Surface Mining and Reclamation Act (California Code of Regulations §2762(a)). (DIA) (CO, O) Other natural resources ♦ Inventory areas available for the management or utilization of natural resources, such as wind en- ergy generation, hydroelectric power, geothermal power, and large-scale solar power. Chapter 4 Required Elements of :the General Pian—Land Use Assessment`of the dem, ,and fo.r public and private, Solid and liquid waste facilities parks:and`ecreatZonaZfacilities and inventoyof Inventory exsting..solid and liquid waste disposal areas°suitable fog parks. and >recreational purposes facilities, correlated with, the, County Integrated ® D,escribe the type, location,,and isize of existing pub- Waste Management Plan and the CountyIazard- lic and:pnvate parks and recreational facilities (DIA) ous Waste Management flan. (DIA). (CI) ® Assess--present, and:. future: demands for parks. and 4: Assess the need for additionalfaeilities°based upon recreationalfacihludmg.trails; rived- lake. theprojected levels`of land use and population and access; and per capit' supply of parks (acres, per correlated with the County`Integrated Waste Man- thousands inliabitants): agement Plan. Identify underserved areas. ®. Inventory proposed solid and liquid waste disposal ® Identify: future park and recreational sites. (DIA), and transformation sites. (DIA) ® Review fWeral, _stAtq..and'local plans for the acqui- ♦ .Identify-.aand uses near existing solid- and liquid sition and improvement-of public parks. .(DIA)waste facilities; waste-to-energy plants, and sites Inventory areas of outstanding; scenic beauty and reserved for future such facilities. (0) scenic vistas..gIA);.;(0) ➢ ,Identify overconcentrated waste facilities ® Identify programs. for protecting, conserving,. and near residential uses and schools.' acquiring open-spaee:lands. (O, CO), Assessment of the potential for flooding Enjoyment bf-scenic Beauty ®' Collect historical'data on flooding. (CO, ®, S) Inventory scenc.viewsheds-and points of interest: (0) ®- Identify areas subject to inundation by a 100-year I;efine comma ity. scenic: values.. ®, S) ® Identify ;programs. for' protecting and promoting; Identify floodways and flood channels: (DIA) (CO, community. aestheties: (0) ®' -S). ® Identify scenic highways and byways: (0) Identify areas subject to inundation as a result of dam:failure. (S) Education Identify areas.subject to floodingas aresult oftidal Inventory existing schools,and schoolfacihties (L�IA), action" -occurring in ` conjunction with river and �- A. sess�<:the. adeauac� �f`seh�olfavi<lties and. the. stream runoff.; (S) Chapter 4: Required Elements of the General Plan—Land Use Ideas for Development Policies Policies contribute to a framework of plan propos- als and implementation programs and in some instances provide the basis for requiring exactions and develop- ment fees of new projects (for example, parks and rec- reational facilities under the Quimby Act (§66477)). The distribution of land use categories which is re- flected in the plan diagram must conform to the plans policies. Existing development may not adhere to all of the development policies set forth by the plan, how- ever, new and future development must be in uniform compliance. The following subjects should be addressed through development policies in the land use element to the extent that they are relevant. ♦ Type, intensity, general distribution, and general location of each class of land use proposed by the plan. (DIA) (CI, CO, H, N, O, S) ♦ Categories and standards for establishing the allow- able levels of residential, commercial, and indus- trial land use intensity. (CI) ♦ Population density standards for each land use cat- egory with residential potential. (Cl, H) ♦ Density and intensity standards for areas to be served by transit. (CI, H) ♦ Standards for transit -oriented development ➢ Appropriate mix of uses near transit stations. ➢ Increased density and intensity standards near transit stations. ➢ Limitations on the amount and location of parking. ♦ The location of new development allowed by the plan, including requirements for the consideration of impacts to the environment, surrounding land uses, and infrastructure. (CI, O, CO, H, S, N) ♦ The spatial relationships between types of land use (e.g., housing, business, industry, open space, etc.). (H, O) ➢ Community design principles. ➢ Buffer zones between residential/school uses and industrial uses that pose a hazard to hu- man health and safety. ♦ The location of town/community/village centers. ➢ Encourage locating public facilities that ben- efit the community in town centers. ♦ General standards for mixed-use development. ♦ The type, location, and intensity of development (if any) to be allowed within flood hazard areas, including standards for allowable uses. (CO, S) 54 General Plan Guidelines ♦ Development regulations for open -space areas. (0) ♦ The type and intensity of allowable development in areas with severe slopes. ♦ The evaluation and regulation of timberland pro- duction zones, including standards for inclusion in the zones. (CO) ♦ The location of existing oil, gas, and geothermal resources as identified by the Department of Conservation's Division of Oil, Gas, and Geother- mal Resources. ♦ The location, acquisition, development, and man- agement of public and private parks and recre- ational areas, including access to lakeshores, beaches, rivers, and streams. (0) ➢ The equitable distribution of parks and recre- ational facilities. ♦ The evaluation and regulation of important wild- life habitats (such as HCP or NCCP lands, critical habitat, or deer wintering areas), including allow- able uses and/or density of development. ♦ The preservation and protection of rare, threatened, or endangered species within the planning area, in- cluding candidate species and species of special concern. ♦ The promotion and protection of agricultural land, including policies regulating development. ➢ Allowable uses, intensity, and density at agricultural -urban interface ♦ The promotion and protection of areas of scenic beauty, including policies regulating development. ♦ The relationship between the land use element and the local zoning, subdivision, and building ordi- nances. ♦ The location, type, and height of development in areas surrounding airports, correlated to the local Airport Land Use Plan. ♦ The location of schools and the future use of sur- plus school facilities, coordinated with the plans of local school districts. ➢ Restrictions on proposed school locations near industrial facilities that pose a hazard to human health and safety. ♦ The development, maintenance, and siting of ex- isting and projected public facilities, including buildings and infrastructure. ➢ The equitable distribution of beneficial public facilities. Chapter 4: Required Elements of the General Plan—Circulation The analysis;,:approval;,and,regulat onof future liq- element. -The circulation element also has direct rela- uid=and s,olid`waste facilities. (CI) tionships with the housing, open -space, noise and safety ® The compatibility ofnearby land-useswith existing elements. solid .wasteand=.hguid waste facihtiesand with sites The provisions of a circulation element affect a reservedifor future: facilities:'.(0) community -7s, physical, social, and economic environ- ment as follows: The relationship between. ahe distribution of land ® Physical—The circulation systemone of the chief ` uses and>; the local capitaL'nnprouernents; program and.guidehnes,-,,,for the timing and siting of capital' generators of physical settlement patterns and its location, design, and constituent modes have ma= nnprovements. dor impacts on air quality,;plant'and animalhabi- ® The protection and.ffuture productivity. of mineral. tats',,environmental. noise, ;energy use, community resource;lands,includiingsignificantmineral;depos- . , appearance, and other environmental components. its classified or..designated by the California Geo- logical Survey: Social—The circulation system is a primary,deter= minant of the pattern, of human settlement. It has a General.,,- plan., designatioiis to allow local govern:- ma or impact on the areas and activities it serves, ments to=cornpy with, §"65583 regarding. the provi- on community cohesion, and on the quality .of hu- sion of low and fi derate income: housing. (II)man life. The circulation system should" be °acces- sible to all segments`' of the population, including Tec nical:l ssistance the disadvantaged, the young, the poor, the elderly, The following state agenciesmay provide informa- and'the disabled. tion' or assistance 'for, the preparation' of; the land use. Economic—Economic activities normally require element: circulation, for materials, products,. ideas, and em- Coastal' Commission:: ployees; thus..the viability of the community's ® Coastal Conservancy economy is directly affected by the circulation ele- ® Department of Conservation\ went. The efficiency`of a community's circulation system can either contribute to or adversely affect Department of Forestry and Fire Protection its economy. ® Department.;of I e,alth. Services,_Division of Drinking Water No city or county can ignore its regional setting. Departmentof Iiau=sing. and Community bevel°- it The loc'al;plannmg agency should coordinate its circu- lotion element provisions with applicable state and re- ® Department ofTransportation (Caltrans), including:g ionaltrans ortation plans see 65103 and 65080, p < p ( § (fl district offices et seq ): Likewise,: the state must coordinate its plans ® Department of Water Resources with those oflocal±governments (§65080(a)). The fed- eral government -is under a similar obligation (Title 23 ® Energy Commission USC § 134): Environmental Protection: Ageney Calt=rans s particularly interested in the transporta- ® Integrated Waste Management Board tion planniing'roles of local .general plans:and suggests thattlie_following areas'be emphasized: ® Public Utilities Commission ® Office of Emergency Services Coo, in, ion'of planning efforts between local agencies and Caltrans districts. ® Office of Planning. and Research Preservation of transportation corridors for future ® Technology, Trade and Commerce Agency system improvements. Devel'oprnent of co,ordmated transportation system CIRCULATION ` ELEMENT management plans that achieve: the: maximum use The circulation element is not simply a. transporta- - of present and proposed infrastructure. tion plan. Itis an infrastructure plan addressmg{ the cir- culation of people, goods, energy, water;,sewa9 These areas of emphasis- are addressed through drainage, and communcations.'By statute', the=circula Caltrans' Intergovernmental Review (IGR),Regional tion element must -correlate directly with the.land us:e_ Planning, and System Planning—,programs. One of the Genera[ Plan Guidelines 55 Chapter 4: Required Elements of the General Plan—Circulation program's major purposes is to resolve transportation problems early enough in the local land use develop- ment process to avoid costly delays to development. Coordinating state and local transportation planning is a key to the success of a circulation element. For more information on coordination, contact your Caltrans District Office's IGR coordinator. Court Interpretations Three California appellate cases have addressed the subject of correlation between the circulation and land use elements: Concerned Citizens of Calaveras County u Board of Supervisors (1985) 166 Cal.App.3d 90, Twain Harte Homeowners Association v Tuolumne County (1982) 138 Cal.App.3d 664, and Camp v. County of Mendocino (1981) 123 Cal.App.3d 334. The Concerned Citizens court defined the term "cor- related" as follows: "`Correlated' means `closely, systematically, or re- ciprocally related....' [Webster's Third New Interna- tional Dictionary (1981) p. 511]." Section 65302 therefore requires that the circulation element of a gen- eral plan, including its major thoroughfares, be closely, systematically, and reciprocally related to the land use element of the plan. "In its more concrete and practical application, the correlation requirement in subdivision (b) of [Govern- ment Code] §65302 is designed to insure that the circu- lation element will describe, discuss and set forth `standards' and `proposals' respecting any change in demands on the various roadways or transportation facilities as a result of changes in uses of land con- templated by the plan. (See Twain Harte Homeowners Assn. v Tuolumne County (1982) 138 Cal.App.3d at p. 701 and Camp v. County of Mendocino (1981) 123 Cal.App.3d at p. 363.) The statutory correlation requirement is evidently de- signed in part to prohibit a general plan from calling for unlimited population growth in its land use element, without providing in its circulation element, `propos- als' for how the transportation needs of the increased population will be met." After defining "correlated," the Concerned Citizens court described a situation where correlation does not exist: "We conclude the [Calaveras County] general plan cannot identify substantial problems that will emerge with its state highway system, further report that no known funding sources are available for improvements necessary to remedy the problems, and achieve statu- torily mandated correlation with its land use element (which provides for substantial population increases) 56 General Plan Guidelines simply by stating that the county will solve its prob- lems by asking other agencies of government for money. To sanction such a device would be to pro- vide counties with an abracadabra by which all sub- stance in §65302's correlation requirement would be made to disappear." The Concerned Citizens decision appears to have limited its search for evidence of correlation to Calaveras County's circulation element. By contrast, the Twain Harte case (which originated in a different appellate district) indicates that the courts may look beyond the circulation element to supporting documents (e.g., other sections of the general plan) when such evi- dence is not readily apparent (Twain Harte, supra, at p. 701). To be on the safe side, local governments should provide explicit evidence of correlation in both their circulation and land use elements. The Twain Harte case indicates that the courts will not automatically presume the existence of correlation simply because a local government has adopted both its circulation and land use elements. Although general plans, as legislative enactments of the police power, will be presumed valid by the courts (if they are reasonably related to promoting or protecting the health, safety, or welfare, and are not arbitrary and capricious), such plans must nevertheless be in substantial compliance with state law. (See Camp at p. 348 and Buena Vista Gardens Apartments Association a City of San Diego Planning Department (1985)175 Cal.App.3d 289, 298.) In other words, the courts will review a plan for its actual com- pliance with the requirements of the state's general plan statutes. In this case, the court used the General Plan Guidelines to help determine compliance. Rohn v City of Visalia (1989) 214 Cal.App.3d 1463 discusses the limits on road exactions relating to the circulation element. In Rohn, the court overturned a street dedication requirement on the basis of inadequate nexus evidence, based on the U.S. Supreme Court's Nollan decision on regulatory "takings" (Nollan a Cali- fornia Coastal Commission (1987) 107 SCt. 3141). Since the dedication requirement was supported in part by the city's general plan but not by empirical evidence of a need for the required dedication, this case shows that the general plan by itself is not armor against a takings claim. If the circulation element is to be an effective basis for exactions, it must be based upon traffic studies that are sufficiently detailed to link land uses and related demand to future dedications. Additionally, ad hoc road exactions must be roughly proportional to the project's specific impacts on the road system (Erhlich v. City of Culver City (1996) 12 C4th 854 and Dolan v City Chapter 4 Required Elements of.the General Plan—Circulation of Tigard (1994) 114 SCt.. 2309): The circulation el- way systems and the need for expansion, improve- eme -t alone: may b:e an insufficient basis for' exac- ments, and/or' transportation,system management tions otherwise. This issue is discussed in,greater detail as a result of traffic generated by planned land use in Chapter 9 changes.. (L) Analyze existing street and highway traffic condi Relevant Issues tions. (N) M°andatoty circulation element-,. issues'as defined in ®:Determine current street and highway capacities. statute: are: ♦ Determine existing traffic volumes (using peak -rate ® Major thoroughfares. flows). ® Transportation routes jel b" errnine the levels of service' of existing streets ® Terminals and highways. ® ®the-, localpublic utilities and facilities ®' Determine the abilities of streets and'highways to accommodate local bus transit ervices. (N) In addressing.the above n%andatory issues -,,cit es:and ;„ ' Analyze projected street and highway traffic con - counties may wish to considerthe following topics:..The ditions. (1V) list below was derived' from the mandatory i1.ssues. and : ® Estimate the number of trips generated by proposed also includes possible1 local optional issues: It is not land uses. meant to be all-inclusive. ® .Make assumptions about the routes of such trips. ® Streets:and.highways:, ® Make**: Make assumptions about the modal split (i.e:, esti- Public transit routes; stops and terminals(e.g.formate.the'percentages of trips'by'transit; passenger buses; lighttira l'systems; rapid:transit systems; corn- "car, "van poo muter railroads; ferryboats, eta: muter ® Projectfuture traffic volumes on existing streets and Transit-oriented.development highways (using peak, flows) by adding to:= ® Private bus routes and terminals gather currenttraffic' volumes ; and the estimated ® Bicycle. and pedestrian routes and facilities marginal increase in volumes resulting from planned ® Truck.routes land use changes. Railroad's and railroad depots Determine the effects of projected traffic volumes on existing street and highway capacities. ® P-aratransit= plan proposals. (e:g , for jitneys, .car ® Determine the future levels of service-of:existing van ooln , taxi`service, and.dial=a-ride pooling, _p g. streets and highways: ® N=avigable. waterways, harbors (d'eep-draftand Review traffic projects pertment to local planning.._ smalh-boat), and terminals that are proposed within neighbormg jurisdictions., ® Airports (commerc 'al, general-, and., military.):: Review .pertinent regional transportation plan 'and ® Parking facilities ro ect fundin riorities under, the re ional trans- p.. ' J g p g ® Transportation system management portation improvement program. ® Air pollution from;motor vehicles Compare projected with desired levels of service. ® Emergency routes Analyze the potential effects of alternatve.planpio- posals `and implementation measures (related to Ideas for Data and Analysis transportation and/or. land use) on desired projected The following suggestions are =meant to stimulate: 16,.:vels ofservice. thinking, rather. than encompass, aloof thezTesearch areas Analyze the potential effects of alternative plan pro- that. may go into preparing or amending' a circulation posals and implementation measures (related to element. Not all of these;suggestions.will:be;relevantin every jurisdiction.: transportation) on residential land uses. Analyze the adequacyof emergency access and' evacu- Major thoroughfares and transportation'routes, ,; ation routes. (S) Assess the adequacy of he existing street aid High , An lyze historical data and trends with regard to General Plan Guidelines 57 Chapter 4: Required Elements of the General Plan—Circulation Useful Definitions: Circulation Element Arterial: A major street carrying the traffic of local and collector streets to and from freeways and other major streets, with controlled intersections and generally providing direct access to properties. Collector: A street for traffic moving between arte- rial and local streets, generally providing direct ac- cess to properties. Expressway: A highway with full or partial control of access with some intersections at grade. Freeway:A highway serving high-speed traffic with no crossings interrupting the flow of traffic (i.e., no crossings at grade). Streets and Highways Code §23.5, in part, states that "Freeway means a high- way in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access" Local Scenic Highway: A segment of a state or local highway or street that a city or county has desig- nated as "scenic:' Local Street: A street providing direct access to properties and designed to discourage through -traffic. Level -of -Service: According to the Transportation Research Board's 1985 Highway Capacity Manual Special Report 209, level -of -service is a qualitative measure describing the efficiency of a traffic stream. It also describes the way such conditions are per- ceived by persons traveling in a traffic stream. Level -of -service measurements describe variables such as speed and travel time, freedom to maneu- ver, traffic interruptions, traveler comfort and con- venience, and safety. Measurements are graduated, ranging from level -of -service A (representing free automobile accidents. Terminals ♦ Evaluate the use of existing transportation termi- nals. (L) ♦ Evaluate the need for new or relocated transporta- tion terminals. (L) Local public utilities and facilities ♦ Assess the adequacy and availability of existing community water, sewer, and drainage facilities and 58 General Plan Guidelines flow and excellent comfort for the motorist, pas- senger, or pedestrian) to level -of -service F (reflect- ing highly congested traffic conditions where traf- fic volumes exceed the capacities of streets, side- walks, etc.). Levels -of -service can be determined for freeways, multi -lane highways, two-lane high- ways, signalized intersections, intersections that are not signalized, arterials, and transit and pedestrian facilities. National Scenic Byway: A segment or a state or In- terstate highway route that the United States For- est Service has designated as a scenic byway or which another federal agency has designated as a national scenic and recreational highway. Official County Scenic Highway: A segment of a county highway the Director of Caltrans has des- ignated as "scenic." Official State Scenic Highway: A segment of a state highway identified in the Master Plan of State High- ways Eligible for Official Scenic Highway Designa- tion and designated by the Director of Caltrans. Paratransit: Transportation systems such as jitneys, car pooling,van pooling,taxi service,and dial -a -ride arrangements. Recreational Trails: Public areas that include pedes- trian trails, bikeways, equestrian trails, boating routes, trails, and areas suitable for use by physi- cally handicapped people, trails and areas for off-highway recreational vehicles, and cross-country skiing trails. Scenic Highway Corridor: The visible area outside the highway's right-of-way, generally described as "the view from the road." Transit: Urban and suburban rail, bus systems, and fer- ryboats. the need for expansion and improvements. (L) ♦ Assess existing and projected capacity of treatment plants and trunk lines. ♦ Examine trends in peak and average daily flows. ♦ Determine the number and location of existing and proposed power plants, oil and gas pipelines, and major electric transmission lines and corridors. (L) ♦ Assess potential future development of power plants. Consider such factors as the demand for transmission facilities, the transport and storage of hazardous materials, and local transportation im- Chapter 4: Required Elements of 'the General Plan—Circulation pacts of current and future. power plant develop= Determine transportation needs that are or are not ments.. (I, S) being -met by railroads. Identify abandoned railroad rights of way which Transit could be,preserved for future transportation corri- ® Examine trends ihtransit>u e^ and estimates off - dor use. °(L) tore demand:= : De existmg,.and pro�ecte:d;levels-of=service .P, transit ` for transit - = ." Inventory existing paratransit services, uses, and Assess the�needs of �peopl'e who depend on: publ" routes. transit. = + Identify the needs served by paratrans t. ® Assess llie.number and distribution of households . , ® Determine future paratransit needs. without=an. automobile. Assess the transportation;.needs of special".:groups ., Navigable waterways, ports, and harbors within the population andthe extent to which such Assess.the adequacy of navigable waterways and needs are being.met (e:g:;, thel disabled: and the port and 'harbor facilities;' :including ,the need for erly).expansion and improvements: (IJ, ®) ® Assess the adequacy of existing transit routes, ser:= . v Examine historical data oti the use of facilities and vices.and facilities and the need for expansion-and' vessel registrations. improveTnents ® Review<the regronat- transportation improvement, .: Project future,demand based on new or expanded activities, and recreatiorial trends: program-n,., Project. future needs for navigablee waterways and Private �� buses-".. ortand harbor facilities.' P", ® Evaluate: private bus-eo.mpany services. +,i Review plans for improvements.by harbor and port Identifytho'T ate:'bus routes within the local JAI- districts. risd Mlle A.°iNports ® Ev-aluate. the transportation needs that 'are or are n©t b,en . rnet b rivate bus-coin : antes:. g yp p�. f Assess the adequacy of and safety hazards associ- .:° ate:d with existing aviation facilities (general; COM7. Examine' private bus company�plans to provide buus:: mercialand military) and the need for expansion service: in tlie_future. and nnprovenients. _ ieycles and pedestYans Inventory potential safety hazards posed by airport activities to .surrounding, land uses.. (N) Assess the adequacy of existmg;bicycle routes=and "he need for-new ones". faciht� esu andt ® Insuentgry potential safety:hazards to aircrak,pas- pr y g rproposedland uses near sengers.� osedb_ existin -or 10 Examine trends in: bicycle; usage. aup; orts " Assess adequacy of pedestrian routes, and the need Assess: the provisions of any airportland use, plan. for new ones. prepared; pursuanttoPublicUtilitiesCod e,§21675 ® Assess historical data and trends with regard A61b" cycle and ped:estrian;accidents. Describe existing facilities'. Truck routes Assess the adequacy of ground ac'' cess. to airports, based' and ® Identify existing .truck routes:. (N)� on existing projected passenger and cargo Goad. ® D'etermine neededchanges.Lin truck,ro, es. Paekang. facilities' Railroads.' Assessahe adequacy of exsting.on–arid off-street Inventory rail lines and facilities and assess .plans parkirng; particularly in urban and commercial for expansion-'andiinprovements; (L;,N). areas. (L) General Plan Guidelines 59 Chapter 4: Required Elements of the General Plan—Circulation ♦ Assess the effects of parking policies (i.e., off-street parking standards, on -street parking restrictions, graduated parking fees, etc.) on congestion, energy use, air quality, and public transit ridership. ♦ Assess the need for bicycle parking. Transportation system management ♦ Analyze existing and projected transportation sys- tem levels of service. (L) ♦ Identify existing and proposed modes of trans- portation. ♦ Analyze the projected effects on the transportation system of construction improvements versus the pro- jected effects of transportation system management. ♦ Compare the costs of construction improvements versus the costs of transportation system man- agement. ♦ Analyze high -occupancy vehicle (HOV) lane us- age and vehicle occupancy counts. Air pollution from motor vehicles ♦ Estimate air quality impacts. (CO, L) ♦ Analyze air quality trends. ♦ Assess existing air quality, pursuant to air quality district plans ♦ Estimate air quality impacts of motor vehicle trips generated by land use changes and new thorough- fares, based on regional air quality and transporta- tion plans. ♦ Identify and evaluate measures that will reduce the air quality impacts of motor vehicle trips, consis- tent with regional air quality and transportation plans. (CO, L) Ideas for Development Policies The circulation element should contain objectives, policies, principles, plan proposals, and/or standards for planning the infrastructure that supports the circu- lation of people, goods, energy, water, sewage, storm drainage, and communications. These development policies should be consistent with regional air quality and transportation plans. With this and the above ideas for data and analysis in mind, cities and counties may wish to consider development policies for the following: ♦ The development and improvement of major thor- oughfares, including future acquisitions and dedi- cations, based on proposed land use patterns and projected demand. This may include a street and 60 General Plan Guidelines highway classification system. (L) ♦ The location and design of major thoroughfares in new developments. (N) ➢ Consideration of street pattern (curvilinear, grid, modified grid, etc.). ♦ The design of local streets (including, but not lim- ited to, width, block size, and accommodation of parking and bicycle and pedestrian traffic). ♦ Level -of -service standards for transportation routes, intersections, and transit. ➢ Separate level -of -service standards for bi- cycle and pedestrian traffic or integrated level -of -service standards that consider mul- tiple modes. ♦ Enhanced circulation between housing and work- places. (L) ♦ The scheduling and financing of circulation sys- tem maintenance projects. ♦ The location and characteristics of transportation terminals. (L) ♦ The development, improvement, timing, and loca- tion of community sewer, water, and drainage lines and facilities. (L, CO) ♦ The current and future locations of: ➢ Oil and natural gas pipelines. ➢ Power plants. ➢ Major electric transmission lines and corri- dors. (DIA) (L) ♦ The acquisition of necessary public utility rights- of-way. (L) ♦ Preferences for financing measures to expand and improve public utilities. ♦ Standards for transportation and utility -related ex- actions. ♦ Assistance to those who cannot afford public utility services. ♦ The mix of transportation modes proposed to meet community needs. ♦ The development and improvement of transit and paratransit services. ♦ Transit and paratransit assistance. ♦ The roles of railroads and private bus companies in the transportation system. (N) ♦ The development and improvement of rail and pri- vate bus facilities and services. ♦ The encouragement of railroad and private bus com- pany services. Chapter 4: Required Elements of the General Plan—Housing Transit-oriented development strategies,.-..- (L): California Public Utilities Commission Identify-`transp.ortationriodes suitable for fu- ®` RegionalTransportation Planning Agency (RTPA) tune transit-oriented development , or, Metropolitan Planning Organization (MP0) Adjust;traffic evel-of service requirements- Por assistance regarding software to estimate trans- (traffic-congestion standards) around.ran= ortation related air , ual irri acts, contact the Cali- p" q p si.-or .ented.d'eve"lopments to promote ran* forma Air Resources Board s. Technical Support sit rid`ership.. Division: or"the California Energy Commission's ® The'preservation.of abandoned railroad ri°ghts: of PACE3SaProgram. way for',future:: transportation�.corridor_use: (L)" ® The development anal improvement= of bicycle HOUSI G ELEMEN routes and walkways. Unlike. the. other mandatory elements, the housing ® Proposed truck routes..!,,-(IV) element is "subject to detailed; statutory requirements . Policies: supporting:, truck route,regulations. `(IV) regarding its ::content and must be updated every five years. The, housing element is also subject, to, manda- The..safety.oftl e'traveling.public, rncl ding pedes- tory review,by a state agency. This reflects the'statu- trians" and bicyclists:.: tory recognition that the availability of Housing is a ® The developmentaridiinprovement"ofport, harbor, matter`of statewide importance and that 'cooperation ' and -waterway facilities. (L, CO) = between goy ernment: and- the private'- sector is critical ® The development and improvement of aviation fa- to attainment of the state's housing goals.' cilities ,(L)M Housing element law requires local governments to ® The mitigationofavatiou:=related Hazards (nclud- adequately, plan to meet their existing and projected irrg ha2ards.,to-aircraft and hazards` .posed'by air-- housing needs including their share ofthe regionalhous- ing. need. Housing element law" is the state's primary In arket-based strategy to°increase`Housm supply. The The consistency of the general . plan with the provi- law recognizes the most critical" decisions regarding signs of any airport=land use plan (§65302.3): (h, IV) housing., development occur at the local level within Strategies for the: management of parking ' upply the context of tie. general plan. In order for the private such.as ,increased parking:;fees, graduated parking sector toadequately address housing needs and demand, fees, metered on street park ing,and:staggeredwgrk local:"governments must adopt land=use plans and regu- schedules::. latory schemes that, provide opportunities for, and do Strategies .for: the control of parking demand such: not unduly constrain, housing development for all in- as improued'transit;service9 amenities for°bicyclists, come groups. and subsidized r-ideshare°vehicles:: ® Transportation-system, managementpolicies. Sta �at®ry :ega�lrc tints �. The respective roles of the private sector and vagi= The housin element requirements listed below are g q ous! public agenciesm: developing, improving and. derived from Article 10.6 of the Government Code, rnaintaimng:circulatiion infrastructures. §,, 93. through.§65590: The, housing element must be ® The ldentlflcat, on; development and: maintenance compreh%ensively revised at least every five years to of evacuation and emergency access routes'. (S) reflecVlhe results- of the required periodic review. Section 6558;8 establishes the timetable for these ® Measures that reduce motor vehicle "air pollution, revisions Local governments may address these re- consistent with the regional air; quality andarans uirernents in an. format the deem most meann q' y y g portation plan policies. (L, CO). ful to.meet tlie•community'sneeds: Ahousing element, �- regaxdldss.of,i:ts_ format-must clearly identify and ad- Teehnlc.al Assistance ' dress, ata rninrrnum:;" each of the statutory requirements, The-following agencies mayprovide information or. as.follows:: ' assistance in the preparation_of the. circulation element:.. Quantifying projected'housing-needs. This is accom- ® California Departrnent of Transportation (C'altrans)9 pli hed`through the regional housingneeds' allo- includrng districtoffices the Divisi6ii ofAeronau- cation (RHNA).process pursuant to`§`65584, The tics, and°the :Division. of Transportation Planning;: city or county's share of the RHNA, as determined General Flan Guidelines - 61' Chapter 4: Required Elements of the General Plan—Housing by their Council of Governments (COG) and HCD, is the projected housing need for the planning pe- riod of the housing element. To accommodate the RHNA, the element must demonstrate site devel- opment capacity equivalent to, or exceeding, the projected housing need, to facilitate development of a variety of types of housing for all income groups. ♦ Review and revise of the housing element. Unlike the other elements of the general plan, state law explicitly requires that the housing element be re- viewed and updated as frequently as appropriate, but not less than once every five years (§65588). The "review and revise" evaluation is a three-step process: 1. Section 65588(a)(2): "Effectiveness of the element"—Review the results of the pre- vious element's goals, objectives, policies, and programs. The results should be quan- tified where possible (e.g., the number of units rehabilitated), but may be qualitative where necessary (e.g., mitigation of govern- mental constraints). 2. Section 65588(a)(3): "Progress in implemen- tation"—Compare what was projected or planned in the previous element to what was actually achieved. Analyze the significant differences between them. Determine where the previous housing element met, exceeded, or fell short of what was anticipated. 3. Section 65588(a)(1): "Appropriateness of goals, objectives and policies"—Based on the above analysis, describe how the goals, ob- jectives, policies and programs in the updated element have been changed to incorporate what has been learned from the results of the previous element. ♦ Describe how the jurisdiction made a diligent effort to achieve public participation from all economic segments of the community in the development of the housing element. ♦ Assess housing needs and analyze an inventory of resources and constraints (§§65583(a)(1-8)), including an analysis of population and house- hold characteristics and needs, an inventory of land, analysis of governmental and non-govern- mental constraints, analysis of special housing needs, analysis of energy conservation opportu- nities and an analysis of assisted housing devel- opment at -risk of converting to market rate uses. 62 General Plan Guidelines ♦ Estimate the amount of funds expected to accrue to the Redevelopment Agency Low- and Moderate - Income Housing Fund (LMIHF) over the planning period of the element and describe the planned uses for those funds §65583(c)). ♦ Establish a housing program that sets forth a five- year schedule of actions to achieve the goals and objectives of the element. Programs are to be imple- mented through the administration of land use and development control; provision of regulatory con- cessions and incentives; and the utilization of ap- propriate federal and state financing and subsidy programs; and when available, use of funds in a low and moderate income housing fund of a rede- velopment agency (§65583(c)). The housing pro- gram must: ➢ Identify adequate sites with appropriate zon- ing, development standards and public facili- ties that encourage and facilitate a variety of housing types to accommodate all income levels of the local share of regional housing needs, including multifamily rental, factory - built housing, mobile homes, farmworker housing, emergency shelters and transitional housing (§65583(c)(1)). ➢ Assist in development of housing to meet the needs of low- and moderate -income house- holds (§65583( c)(2)). ➢ Address and, where possible, remove govern- mental constraints on the development, main- tenance and improvement of housing. The program shall also remove constraints or pro- vide reasonable accommodation for housing for persons with disabilities (§65583(c)(3)). ➢ Conserve and improve the condition of the existing affordable housing stock (§65583(c)(4)). ➢ Promote equal housing opportunities for all persons (§65583(c)(5)). ➢ Preserve for lower income households the multifamily assisted housing developments at -risk of conversion to market rate uses (§65583(c)(6)). ♦ Quantify objectives, by income level for the con- struction, rehabilitation, and conservation of hous- ing (§65583(b)). ♦ Demonstrate the means by which consistency will be achieved with the other general plan elements and community goals (§65583(c)) Chapter 4: Required Elements of the General, Plan—Housing Analyze housing,; ih he Coastah Zone subject to determination by the COG (§65588`{c){d) and' §655;90(h)(2)). The COGS develop the distribution in draft regional ® Distribute a,copy ofthe adopted housing element to housing need` allocation plans based on regional popu- area: water. and: sewer. providers. The purpose of lation'and economic models, and also incorporate con- this secoon;of the law is:ao ensure that public and/ sideration of factors` such as market demand, commuting or: private water. andrwastewater providers"provide Patterns, 'site -'and public ;facility availability," and type a"priority to proposed housing developmentprojeets aid tenure of housing need; needs -of farmworkers, or, for; lower income households: iii their current and the conversion of assisted, its: Attomey General®pin futureresource or service al~lo"cations-(§65:5;89:7). ion. 87=206 interpreted that rthe availability`" of suitable housing sites,"is to also ;consider the potential for in creased`residential development under alternative zon- RegIl®naI H®usang DeedsAH®ct®ter®sass ing ordinances.ana land.use restrictions. During a 90 -day Housings ement.law (§65583.) requires. quantifica period, each., city and" county has„an opportunity to re UL1UiG6?J,U.11.(d:111V; 11•Yr11'1 VIl.. Y; 1LV111'11V,11 L. 1=V1, family” and` s an mportant'influence on;Housing;costs. programs. THe.re'gionatlhousng needs al"location process addresses thin statewide concern; and reflects, sliaredresponsib' l' ®��°�:Interpretatl®ns ity among, local governments fbr.. accommodating the The foll'owingjudicial decisions have addressed the housing:needs-of all e, mic`leve ls:. housing element with regard to statutory compliance, Shares sof the regional Housing need°are`determined growth control measures voter-initiatives.and remedies for constituent cities and; c-bunti�es,_o.f the affected which. courtsm'ay impose after invalidating a gen- regiori(s) of'the,=.housmgs.element update.cycle. This in- eral plan. Voles an iterative proe'ess: conducted among state;. re< gional and:Iocal l`'eve lsF of governm"ent:wlichis driven Compliance with statutoz^y requirements by projected population..growth "The D.epartinent of Buena. Vista GaNdensApartments Association v City Finance's (DOp)0&mograph c,Rese, I li.,.Unit period = o f San Diego. Planning Department (1985) 175 cally,:prepares„population.projections by county;:and'also Cal. A 3d 289, provides the most thorough` judicial pp prepares. current ,population,, household; and: housing discuss onof housing element law. It is the first appel- unit estimates byIcity. and county:.DOF's- populationlate leve ldecision to interpret Article 10.6 of the Gov-. projections are prepared using the; demograpHc meth- ernment-Code: The plaintiff and appellant in the case odology of cohort''sur�ival.and netrnigration,'.' House= were tenants: occupyinga.large apartment complex for hold projections :are prepared using headship rates ”. ` which -the city had approved alonm plan to de- (Historical rates of houseHold formation5relatiVe to age ..;molishthe existing units andL develop condominiums and ethnic composition,of population); alongwitH=ad , on ',he site The tenants challenged the plan's `final ap- justments ofexisting stockconditions,.e.g:, demographic , :.`proVal,alle.gng.that the city's housing element failed and income factors from.the most recentU:S: Census, .. to meet statutory requirements in seven respects. DOF's: annual E=5` report, etc. The projected'"housng The appellate, court found that in six of the seven need is. allocated by income: category pursuant to. tle:', : respects,the`.element substantially complied with state state income limits. Iii: consultation with=.the, 'affected. - law: Tle court.did find, however, that element lacked eounclof government (COG);and'DOF, HC submits any programs encouraging the ;conservation of to -each CO.,Gprojected housing needs. HCD also ful mobilehome ,parks or existing affordable apartment fills the. functions of a COG. in those -counties for: which =; rental units:: The faCtL that the city, had no basis upon - there is no COG 'Whffc°HCD' forwards project ons, . ,which ,6 deny the developera-demolition ,permit dem- the r-egion,.thedistr bution:of the needwithin the.region is onstrated the city's lack: of a program to conserve af- j General Plan Guidelines 6'3 Chapter 4: Required Elements of the General Plan—Housing HOUSING ELEMENT CONTENTS Review of Previous Element ♦ Results ♦ Comparison of results vs. planned objectives ♦ Implications for new element Housing Needs Assesment Existing Needs Projected Needs ♦ Overpayment ♦ Regional housing needs allocation ♦ Overcrowding ♦ Special housing needs ♦ Units at risk of converting to non -low income uses ♦ Substandard conditions Resource Inventory Land Inventory Financial Resources ♦ Accomodate regional share by income group ♦ RDA & other funds available over the next 5 years ♦ Public facilities and services ♦ Funds available for preservation ♦ Suitability of lands Constraints on Housing Governmental Constraints ♦ Land use controls ♦ Codes & enforcement ♦ On/off-site improvements ♦ Fees & exactions ♦ Permit procedures ♦ Other Programs Non-governmental Constraints ♦ Financing ♦ Land costs ♦ Construction costs ♦ Other ♦ Identify adequate sites ♦ Assist development of low- & moderate -income housing ♦ Remove or mitigate constraints ♦ Conserve & improve existing affordable housing ♦ Promote equal housing opportunity ♦ Preserve units at risk of conversion from low-income use Quantified Objectives by Income Group ♦ New construction ♦ Rehabilitation ♦ Conservation of existing affordable units, including preseravation of at -risk units 64 General Plan Guidelines Chapter 4: Required Elements ,of the General Plan—Housing fordable rental housing,,. A& a result, the: court prohib- Growth control measures ited the permit.'s issuanceuntiT the cityamended its hour- The ruling in Building Industry Association v City ing element. with, consei v.ationi programs; substantially of Oceanside (1994) 27 Cal.4pp.4th 744, demonstrates conforming to statutory;requiremen... the effect that housing element requirements may have Buena lsta Garden is. consistent --with a number of on growth, -,-.control measures. In that case; at the culmi cases that support: the: general; plan's .integrity,and re- nation of: lengthy litigation, the couft overturned the quire. ``substantial.',' (r.e:, actual) compliance with its city's growth control initiative; in part because it con statutorily-statedi content For ,exampl"e; a, project may fl cted with liroad, general ,language in the housing ele be halted:,when the general plan either lacks;a,releuant merit to ".protect, encourage and, where feasible provide, element or -the.-, relevant -':element is inadequate, as, many low andmoderate income housing opportunities." cases have. demonstrated. A.number of. -subsequent cases have reiterated the Effect of voter initiatives substantial, compliance test, with its application a mat - In DeVita v. County of Napa (1995) 9 Cal:4th. 763, ter of law subject to independent appellate review. A the issue was whether an initiative ordinance which court wiR not�usually disturb. legislative action such as prohibited the rezoning of agricultural land without a a housing:el"ement revisionunless the action is arbitrary, vote of the electorate conflicted with the county's abil- capricous or entirely lacking m evidentiary support. ity to at its land use element in accordance with However,.tlie, housnig .element will .be jiidged.as to its the; law. The court upheld_ the: initiative. It expressly actual compliance'witli respect to the substance'essen- noted, however, that the, status of an initiative that ei- tial to: ;every reasonable objective: ;of. the °statute. See ther amends or conflicts with the housing; element has Black Property Owners a City, of Berkeley (1994) 22 not been determined, and that; the ordinance might be Cal. App 4t&974,,where the court upheld`the city's Nous- reconsidered if it poses an obstacle to the adequacy of mg :element update against a clann-that rt failed to ad- future revisions. The: court :emphasized that an initia- - equat'e`ly, addressrahegovernrnen al: constraint of a tive amendment must conform to all statutory specifi- city -imposed rent control ordinance; . cations and may not cause the general plan to be Despite agreement as ,to: the formulation of the sub- internallyinconsistent. stantial comphaneeaest,;courts Have'divergedwidely in their. app- hcahonxof the.testto particular circumstances. Remedies. fob invalidated general -plan In Hernandez v Ciiy ofEncinitas (1994),2_&tal.App.4th 1048;A-&-,hount.. rejected a wide. ranguig: challenge to Another case, Committee for Responsible Planning virtually,every,as-p ofthe city's:housmg element. The a City of Indian Wells (1989): 209 Cal.App.3d 1005, Chapter 4: Required Elements of the General Plan—Housing the tract map would not affect the city's ability to adopt an adequate housing element. The court refused to allow approval of the map until the general plan was adopted. Ideas for Data and Analysis The following descriptions and suggestions for data are meant as a tool to guide analysis of the many unique needs in each locality. For further guidance, consult HCD's publication Questions and Answers and con- tact HCD for additional resources, assistance, and examples. Analysis of existing housing needs (§§65583(a)(1) and (2)) Existing needs include current basic demographic and housing stock information such as the number and tenure of households, vacancies, affordability data such as sales prices and rental rates and household charac- teristic information such as the extent of lower-income households overpaying for housing and the number of households that are overcrowded. A community pro- file typically includes the following quantitative and qualitative data and descriptive household information, most of which is available from the most recent Cen- sus or the American Community Survey: General information ♦ Total population and demographic data (e.g., age, sex, race/ethnicity, etc.). Many jurisdictions also discuss population changes over time. ♦ Total number of households in the community. DOF prepares annual estimates, including population, households, and dwelling units. The E-5 report is available annually in May. ♦ Tenure characteristics. The number and proportion of renter and owner households in the community. ♦ Total number of housing units. Where possible, the element should describe the distribution and recent activity of housing units by type (single-family, multifamily, mobilehomes). An analysis should also include information on current vacancies for owner and rental units. ♦ Housing affordability. A discussion of current sales and rental prices compared to local household in- comes. Specific existing needs to be analyzed ♦ Households overpaying. In comparing level of pay- ment with ability to pay, the element should quan- 66 General Plan Guidelines tify and analyze the number of lower- income owner and renter households (those at or below 80 per- cent of the area median income) who are overpay- ing (more than 30 percent of gross income) for housing. ♦ The incidence of overcrowding. The Census de- fines overcrowded when occupancy exceeds more than one person per room (excluding bathrooms and kitchens). Households are considered severely overcrowded when more than 1.5 persons per room occupy the unit. Localities should include a quali- tative and quantitative analysis of overcrowded and severely overcrowded households by tenure. Analysis of special housing needs (§65583(a)(6)) The statute specifically requires an analysis of per- sons with special housing needs, including elderly, per- sons with disabilities, large families, farmworkers, families with female heads of households and families and persons in need of emergency shelters. An analy- sis should include: ♦ A quantification of the total number of persons or households. ♦ A quantification and qualitative description of the housing need. ♦ An identification of potential programs, policy op- tions and resources to address the community's spe- cial housing needs. For example, an analysis of homeless needs should include an estimate or count of the number of persons lacking permanent shelter, an inventory of the num- ber, approximate location, and type of existing shel- ter beds, hotels/motel accepting vouchers, and units of transitional housing available and an estimate, de- rived from the figures above, of the number of addi- tional beds or shelters and transitional housing units needed. An analysis of farmworkers should quantify and separately discuss the housing needs of permanent mi- grant and seasonal farmworkers. The analysis should discuss resources and programs addressing farmworker housing needs and shortfalls that exist in addressing those needs. Land inventory (§65583(a)(3)) The purpose of the land inventory is to identify sites with appropriate zoning and development standards suitable for residential development, with adequate public facilities to accommodate the locality's share of Chapter 4: Required Elements of the General Plan—Housing the. regional: housing need within: the -planning: period of the element. The- land. inventory,, must identify land by zoning distnct:and could also include general plan designations: The inventorymustde nonstrate how zon- ing: and.development.standards encourage and `facili- tate:, a.,vanety.of,housing types, including factory built housing, mobitlehomes;: multifamly rentals;. emergency shelters,t transitional housing and: housing. for agricul- tural:: employees: "An; analysis of the".land inventory should also "determore;whether current zoning and den- sities are,appropriate. to accommodate the:new construe- tion need in total and by income,level. Sites identified that require 'rezoning may be.'::included as an adequate site as long as a�program:for accomplishing any:neces- sary rezoning is;included in the element: An analysis - of land uiventory should describe the suitabilityof land forces dential:developmentin the current planning period and, future` planning periods within :the general plan horizon.'"The inventory; should include sufficient-'bkrmation about identified"sites to determine. if thesites are=appropriate to accommodate the l :h on small lots and include information on site. spe- cific tools; policies and regulations facilitating small lot development. The elementmust also identify the zones and densi- tiesthat can accommodate "the locality's= share of the regional housing need for low=, and -moderate -income households: Particularly, the element should analyze, how 'specific zoning, districts with.ther allowed density- can facilitate development of housing, for low- and mod- erate=income households. For.-example,"a. local govern- ment could demonstrate appropriate zoning- for housing for low: and moderate income households. "by _:gathering information., form developers on what densities provide the"potential to maximize fmancial resources and develop housing for lower and moderate income households. This analysis should also cover whether development standards inhibit the ability to achieve maximum densities and whether sufficient sites ekist withzoning to accommo- date lower-income needs 'identifiedin=the city's share of the regional hoes"ing need. The':analysis of appropriate commurnty. s: regiona ousmg nee i e some or- zoning should also identify 'any9 standards, conditions mation inventory may be presented`in the aggre or processing that impact the. development capacity of - gate (i e , 30',`acreszoned-R 3); it should also include more the sites. For example, the element should: identify mid- detailed" ".situ: specific information about" the suitability point requirements that limit densities within a zoning of theeJand. L' suitable -for residential development" districtunless-certain amenities are provided or that re= has characteristics that makerthe sites appropriate for quire:a;'condtional:use permit for multifamily projects housing—,,construction.—These characteristics include: within amultfamly zone. ® Physicals features and general characteristics not analysis of the. land inventory must also include impacted by :fl ooding,N. seismic hazards; .extreme a discussion of realistic capacity of land by zoning dis wildfire.=hazards, slope instability or erosion, chemi trio:. Specif cally''the element+"sliould demonstrate the cal,,,contamination,, or other environmental; con- straints:: Suitability may, also be impacted by proximity to:hazardous;.industrial facilities and uses, consistency: with airport land use plans and other conditions orcontr-acts„_such asconservaton ease- ments or farxrrland: security zories,_Aisallowing de velopment in.the. planning peno°d. ® Location,andproximity"to. transit, job; centers; and:. public' and community services-, etc. A thorough analysis -of the land inventory should;:include a"map of the suitable°lands to help ill ustrateahe suitability of theyland in the inventory. ParceFsize. Ageneral discussion of the number and characteristic:s of parcels;; their. appropriateness in: the -.five: year planning' period. given. any develop- ment, .infrastructures or other".constrants.:,The ds- cussion shoul.'d` also address. ,tle extent: of. lands,. identified in the.land"inventory; that"are not feasib"le ability to achieve the densities assumed in the land m- ventory eitherthrough a discussion of past development trends by zoning district or city"regalations, policies or programs Irequiring" the assumed densitieis. Also, as- sumed densities should .not include density bonuses. In communities with limited vacant land, the land inventory should identify and analyze sites with rede velopment potential for:"new and:more intensive resi dential. development. In such cases, the land inventory should describe -the. acreage, zoning -and development standard.s; existing uses and their ripeness for redeeloprne"nt, realistic ..development capacity, general character, and„size: of sites judged suitable for residers- tial developrnent,,market trends and conditions and any policies or”„ine.entives to facilitate their development. The, mVentory should; estimate."the realistic (not theo rethca#'development".capacity`based on an: analysis of these :factors. Such. sites may be made available by implementing” programs applicable ` to redevelopment, for development due to "si allparcel sizes: This di's- "recycling; infill; and/or redesignating and rezoning non- cussioncould also demonstrate:recent development residen Th. sites to, appropriate residential use. 67 Chapter 4: Required Elements of the General Plan—Housing The inventory must also discuss the availability of essential public facilities and services (e.g., sewer and water system trunklines and treatment facilities, roads, and storm drainage facilities) for sites identified for resi- dential development. The analysis should describe and analyze existing capacity and the capacity that will be provided during the current planning period of the ele- ment. Any phasing of plans relevant to a specific plan, de- velopment agreement or capital facilities financing plan should be described. Upon completing the infrastruc- ture capacity analysis, the locality will be able to iden- tify where facilities and services are lacking in order to establish program actions (capital improvement plans, financing through general obligation or special district bonds, etc.), that will permit the development of suffi- cient units to meet the new construction objectives within the planning period. In addition, in the case that the element has identified lands within specific plans, the element should discuss how the phasing mecha- nisms within the specific plans affect the suitability of the lands to accommodate housing needs over the hous- ing element planning period. An analysis of adequate sites should include a dis- cussion of whether sufficient land is available to ad- dress a variety of housing types, including emergency shelters, transitional housing and farmworker housing. An analysis of these housing types should describe the zones where a variety of housing for farmworkers is allowed, how the zoning and development standards including permit process encourages and facilitates de- velopment, evaluate whether sufficient opportunities for housing for these housing needs exists, and describe any conditions on development. In the case of farmworker housing needs, the element should iden- tify sufficient sites or zones for permanent, seasonal and migrant seasonal farmworkers. In the case the land inventory does not identify ad- equate sites to accommodate the locality's share of hous- ing needs for all income groups, the locality will need to include programs to provide sufficient sites with zoning and development standards that permits owner occupied and rental multifamily residential uses, by - right, to accommodate the regional housing need within the planning period. Analysis of governmental and non-governmental constraints (§§65583(a)(4) and (5)) Governmental The element must describe and analyze each of the following areas for their impact on the cost and suppy 68 General Plan Guidelines of housing: ♦ Land Use Controls: Zoning and development stan- dards including density, parking requirements, lot coverage, lot sizes, unit sizes, floor area ratios, set- backs, moratoria and prohibitions against multifam- ily housing developments, growth controls, urban growth boundaries and open space requirements, etc. ♦ Codes and Enforcement: Any local amendments to state housing law or the Uniform Building Code and the type and degree of enforcement. ♦ On- and off-site improvement requirements: Street widths, curb, gutter, and sidewalk requirements, water and sewer connections, and circulation im- provement requirements. ♦ Fees and exactions: Permit, planning, development and impact fees (e.g., park, school, open space, parking district, general plan amendments, rezone, etc.), in -lieu fees, land dedication requirements (e.g., streets, public utility and other right-of-ways, easements, parks, open space, etc.) and other exac- tions imposed on developers. The analysis should estimate the total fees compared to typical devel- opment costs for multifamily and single family. ♦ Processing and permit procedures: Describe the types of permits, discretionary review and approval procedures, and processing time required for recent residential projects. The analysis should describe all permits applicable to residential development and additional mechanisms that place conditions and performance standards (i.e., Community Plan Implementation Zones, Hillside Overlay Zones, Environmentally Sensitive Areas, etc.) on develop- ment. Other applicable regulations and processes such as design review and planned districts should also be included. As part of this analysis, localities should describe and evaluate the permit and approv- als process for a typical single-family subdivision and a typical multifamily project, as well as emer- gency shelters, transitional housing, group homes and farmworker housing. The analysis should describe past or current efforts to remove any governmental constraints. Where the analysis identifies a constraints, the element must in- clude program responses to address and mitigate the effects of the constraint. Ordinances, policies, procedures, or measures im- posed by the local government that specifically limit the amount or timing of residential development should be analyzed as a potential governmental constraints and mitigated, where necessary. The analysis will vary de- pending on the nature of the measure. In general, the Chapter 4: Required Elements of the General-Plan—Housing measure and,, A&#nplementation..procedures should, NOn-governmental constraints specifically be described`and`analyzed`as to the impact The housing..element must include an analysis of on the; cost and supply of -housing. non-governmental constraints, including In accordance with recently, enacted legislation (SB ® Land Prices: In analyzing the price of land; est - 520, Chapter 671; Statutes of 2001), the,,element:must mate the:average per unit cost; of land, or the range analyze the: potential - and actual governmental con - of costs for developable parcels, in both single din- straints on the development of housing foxpersons with ily andmultifamily zones. disabilities and demonstrate th city's, efforts toTxemove governmental constraints on: housing forpersons with.. C,ostruction Costs: The. analysis of construction disabihtie s; such as accommoda.tm�g procedures for.the costs, for typical single-family and multifamily approval of�groug.homes, ADAretrofit efforts; an evalu- projects, `should focus ori the total co t to the de- ation of the 'zomng code. for ADA compliance -or other veloper, exclusive ofprofit but in land, fees, measures=that provide. flexibility m:the development of materiallabor, and fmancn& housing:for persons with disabilities.® Financing Availability: An analysis of financing General°Plan Guidelines 69 Chapter 4: Required Elements of the General Plan—Housing should consider whether financing is generally available in the community or whether there are any mortgage deficient areas. Analysis of energy conservation opportunities 0'65583 (a) (7)) The purpose of this analysis is to ensure the locality consider how energy conservation can be achieved in residential development and how energy conservation requirements may contribute to reducing overall de- velopment costs and therefore, the supply and affordability of units. Analysis of assisted housing at risk of converting to market rate uses (§65583(a)(8)) The element must include a project inventory of mul- tifamily rental housing that could convert to market rate rents because of expiration of affordability restrictions in mortgage and/or rental subsidy contracts. The at -risk analy- sis must: ♦ Prepare an inventory of all units at risk of conver- sion within the current planning period and the sub- sequent 5 -year period (e.g., 2000-2010). ♦ Assess the conversion risk. ♦ Estimate and analyze the costs of replacement ver- sus preservation for units at risk in the current five- year planning period. ♦ Identify entities qualified to preserve at -risk units. ♦ Specify financing and subsidy resources. Quantified objectives (§65583(b)) Quantified objectives should establish the maximum number of housing units by income category that can be constructed, rehabilitated, and conserved over a five- year time period. Policies and Implementation Programs Local governments have the responsibility to adopt a program that implements the policies, goals and ob- jectives of the housing element through their vested powers, particularly over land use and development controls, regulatory concessions and incentives and the utilization of financial resources. Programs are the specific action steps the locality will take to implement its policies and achieve its goals and objectives. Programs must include a firm commit- ment to implementation, specific time frame for imple- mentation and identify the agencies or officials responsible for implementation. Effective program de- scriptions also include: 70 General Plan Guidelines ♦ Immediate, short-term and long-term action steps. ♦ Proposed measurable outcomes. ♦ Specific funding sources, where appropriate. All housing elements must include programs to ad- dress the following six areas: Adequate sites program (§65583 (c) (1)) The purpose of the adequate sites program is to pro- vide sufficient sites that will be made available through appropriate zoning and development standards and with public services and facilities to encourage and facili- tate a variety of housing types and address the community's share of the regional housing need. Where the land inventory does not identify adequate sites to accommodate the locality's share of housing needs for all income groups, the program shall provide for suffi- cient sites with zoning that permits owner -occupied and rental multifamily, by right, without a conditional use permit. The zoning must include density and develop- ment standards that accommodate and facilitate the fea- sibility of housing for very low- and lower-income households. Providing sufficient sites may entail rezoning land to more appropriate densities or rezoning land from other uses to residential to facilitate development of housing for lower income households. When a com- munity must provide sites in addition to those identi- fied in the land inventory, the community should consider all lands such as residential, commercial and public institutional as a potential resource, while main- taining sound principles of land use compatibility. The community should also consider options that maximize the locality's land resources, such as a compact mix of uses. A locality's ability to accommodate all units needed during the planning period is best served by designat- ing appropriate zoning as early as possible. The most direct procedure is for the locality to undertake rezon- ing when the housing element is adopted. If a locality is unable to undertake rezoning concurrently with the housing element, the rezoning should occur early in the planning period in order to allow development to occur before the end of the housing element planning period. Once a locality has designated the allowable resi- dential density of lands in its sites inventory, there is a responsibility to maintain that density throughout the planning period. A city or county cannot reduce, through administrative, quasi-judicial or legislative action, the residential density of any parcel to a density lower than Chapter 4: Required :Elements of the General Plan—Housing that usedby: HUD. in. deterrniningcomphance witli hoes: ing and development standards encourage and facili ing element: law unless,,. certam: findings are- made tate the development of a variety-:of farmworker,;hous- ('§;65:863). Tl ese:fmdings,.wh ch must.be in_writing;and ing for migrant andpermanentfarrnworkers in addition supportedby= substantial .evidence;. are as follows: (1) " to identifying landwith zoning that can accommodate the reduction is.; consistent with, ther.general plan; in- farrnworkerho using needs. chid ng„the..housiilg element; and-,, the rpmaining. identified sites are adequate to accommodate,the auris:= Pogran2s 'to; assist in the development of housing dxctions share of :the regi{oval housing::need If,, these, to meet the needs. of low- and moderate-income dings cannotbe made;.the city ortcounty V' Viden= finhouse"holds (§65583(c)(2)) tiadditional adequate:; sites; to ensure .no .net oss of Upon the completion of.the assess, At and identi residential unit capacity:: fication housing needs of low= and moderate-income As part of the adequate sites requirement, commu households,'localities eandevelop programs to implement nities with limited; vao*- Jand should,focus'program strategies to assist in_developing adequate housing to meet On. underutil zedland with the_,potefttiat,fbr recycling identified heeds: ` " or rezoning and opportunitiesfor mired uses. (combin Focalities can offer direct support:Tor the develop mg resiential and--:commercial uses;,for. example). Pro- d'meat of affordable housing through various financing gram, s:to encourage redevelopit and%orceuse:-should mechanisms including theaissuance` of municipal,and ' describeact initiate any necessary rezoning, es- mortgage :revenue'.bonds and use of redevelopment tablish appropriate regulatory an financial` ineen- powers. Direct assistance can a`1so be provided through tives;, relax. developmentI'standards;;`(parking, building the utilization of appropriate 'federal O'di state fmanc height setbackrequir=ements;:;etc );=support;more.coin- ing and subsidy programs to createxental.and owner- pact':and higher density residentik d- w61 pments,._and ship opportunities. Focalities can create first time facilitate the new constructi'owof multifamily -..ental=`and homebuyer, equity sharing, or self-help housing pro- owner -occupfed un7ts grams to provide affordable homeownership opportu- r The element must also-..J identify .sites or zones pities. Local governments can also assist/developers m where-emergency; shelters;,transit onahhousing and making applications for 'other;,public or private: hou - farmworker hou mg (when farmwo'rker housing ing � funds orlow-income housing tax, credits to pro- needs:.are identified for the. region) are allowed by mote rental housing. development: permitted o conditional.us:e When these housing Each city::and county is required to adopt a bonus types are permitted by .condtional use.,, the: element. density ordinance: The ordinance shall provide for an should demonstrate adequate sites are: available thatincrease m.allowable residential density and at least' can be approved' with> corrd'itional use perm-rt and` one other incentive for certain affordable--housing compatibility findings.- projects (§65915). For, emergency„ shelters transitional housing, the: Focal, governments can indirectly facilitate the de- element should specify::; velopment of more affordable housing through. effec- tive administratipa,of land use controls and by providing ® . Location The sites: should.. be,,, located within- theeappropriate.;regulatory concessions and incentives. For boundfares ofthe'Jrisdction,;;close.to public. ser example, communities can reduce development Stan- vices'and facilities;;'',;mc.l'udmgA unsportatron;, and dards where appropriate to promote the development of easily access lile from; areas. where homeless per housing for..low and moderate income households. sons congregate:. J ® Zoning. Any zomngdistrictthat explcitily allows Program to remove governmental constraints on the siting of . a shelter and , transiti"onal 1-ou s' m&.. housing (65583 (c) (3)) project, and does not impede'the development .of: For each policy, requirement, or procedure identi- the sites; or the conversation or use of an existing fied asatgovernmental constraint, the element must in- structure is appropriate:-The. element;ahould dem;, elude: am: appropriate, program. action to. eliminate or onstrate,howthe,,development.standards and°permit~ modify: the; constraint or demonstrate how it will be processing encourage and facilitate the `devel`opment offset. by another' policy or program. In accordance of shelters and".trans tionarho- iiig,.- : with recently enacted legislation'(SB' 5209 Chapter 671, Statute's of2001) the element must contain a program +1.�,.d_,_a. Chapter 4: Required Elements of the General Plan—Housing abilities. The following are some strategies that communi- ties have found appropriate to remove regulatory barriers: Land use controls ♦ Modify and/or reduce growth controls to ensure accommodation of projected housing needs and exempt affordable housing projects from growth control ordinances. ♦ Identify areas appropriate for reduced standards. For example: lessen front yard set backs (20 feet or less), encourage small lot development (less than 5,000 square feet) and reduce parking requirements (less than two parking spaces). Codes and enforcement procedures ♦ Allow use of alternative building design and con- struction materials and methods. ♦ Use state housing law codes without additional lo- cal requirement, except where local variations are necessary for reasons of climate, geology, or to- pography (Health and Safety Code § 17958.5). On- and off-site improvement requirements ♦ Provide opportunities for cluster development. ♦ Promote reduction of street widths (e.g., 36 feet or less) and right of ways (e.g., 56 feet or less). Fees and exactions ♦ Reduce or waive fees, and exactions for particular types of development (e.g., rental or assisted hous- ing, second units, mixed-use and infill projects, housing affordable to low- and moderate -income households) on a basis that is predictable and trans- parent for the developer. ♦ Allow payment of fees upon certificate of occu- pancy, rather than prior to building permit issuance to reduce developer construction financing costs and overall development costs. Processing and permit procedures ♦ Expedite permit processing (allow one-stop, con- solidated, and concurrent permit processing). ♦ Eliminate conditional use permit requirements for multifamily projects when land is zoned multi- family. ♦ Prepare and present explanatory materials, adopt standards for findings of denial and mitigate addi- 72 General Plan Guidelines tional layers of review, such as design review. Programs to conserve and improve the conditions of the existing affordable housing stock (§65583(c)(4)) The existing affordable housing stock is a valuable resource that should be conserved and improved while maintaining affordability. Strategies used to conserve and improve the condition of the affordable housing stock include: Conservation ♦ Provide stable zoning to preserve affordable hous- ing. For example, change the underlying zoning for a mobilehome park from commercial to mobilehome park. ♦ Maintain long-term affordability restrictions on as- sisted rental units. ♦ Implement a weatherization program for lower in- come homeowners through existing service provid- ers. Improvement ♦ Access state and federal owner and rental rehabili- tation grant and loan programs including HCD rental housing programs, Community Development Block Grant programs, HOME, etc. ♦ Rehabilitate residential hotels and motels (SROs) for very low- and low-income households includ- ing the homeless and those at -risk of homelessness. Programs to promote equal housing opportunities for all persons (§65583(c)(5)) A local equal housing opportunity program should provide a means for the resolution of local housing dis- crimination complaints and should be promoted throughout the community. The local program should involve the dissemination of information on fair hous- ing laws, and provide for referrals to appropriate in- vestigative or enforcement agencies. Sites for display of fair housing information include buses, in public li- braries, community and senior centers, local social ser- vice offices, and other public locations including civic centers and county administrative offices. In addition, where appropriate, local governments should distrib- ute fair housing information in languages other than English and consider distributing information in vari- ous media (radio, television). Programs to preserve for lower-income house- holds the assisted housing development at risk of conversion to market rate uses (§65583(c)(6)) Chapter 4: Required Elements of the General Plan`—Housing The: nature. of conversion risk varies, significantly development (Health and Safety Code §33300 and among.proj;eets depending on_the.. type c&subsidy and §33302): related affordability controls:: Individuat.program re- Redevelopment agencies are required to develop sponses" should beaallor. ed toahe" results :of the analyses project .area implementation plans that are eonsis- and"specific" local"situatio - s:. Examples could include: tent with'tlie'housing element Irriplementation plans Estabhsl anearly-warning system,and'monitor lo- are"required to be updated'every five years either cal; State. and.Federalat.ris units:, inconjunction'with the housing>element'cycle or G"auger:owner's intent to prepay a government as- the An tin lementation c cle 'Health and 1? p y ( Safety sisted.mortgage: or -opt" out of. .rental assistance Code §33413(b)(4)) program.,., ♦ Before an "applicable .redevelopment project .area ® Identify qualified entities interested in. articipat- plan can be;amended to" extend the time limit to in -g m theOffer of Opportunity to Purchase and pay, debt`and receive tax increment; the community rst°I e"rograms'( §6.5863". 11). Right of Fifusal p musthave a -current adopted housing element that ® Respond to any"federal and/or state:riotices the depar_.trnent has determined to been substantial - compliance (Health and Safety Code §33333.10(h) ® Facilitate- refinancing or. purchase by a qualified . (111, Chapter 741, Statutes,`of 2001). SB 2 entity. ® In order for a"redevelopment agency to'allocate less ® Provide'technicalassistance tozaffected.tenaints: thanthe.required"set=aside amount to its Low- and Moderate -Income Housing Fund, the agency must Housing ElenteaLawz and C®muinlfly determine that the current housing need is consis- RedeveloPm eut, Law`: tent with the current housing element that the de- California Community Redevelopment I,aw (CRL) partment has determined to be in compliance s.containedKm Healthand Safety Code §3.3000; et"seq. (Health "and Safety Code §33334.2(a)) CRL .- specifies re'qu.irernents: that enable: communities ® Over the .duration of a redevelopment plan, pur- to form a redevelopment agency;..adopt.ablighted'area suant to" Health and Safety "Code §3333°4.4, the as a. project -area, and: address housing. and, ec.oiiomie agency is required to spend housing funds on house- developrnent within a pro�ectarea .Agencies redevelop holds , that are at or below the moderate -income project areas by mcurrin &bt that`.is,repaid from the. level::Assistance shall beprovided to persons and future increases m prol:ect area{propertytaxe.s"allocated to families vwith children. Persons shall be'assisted to redevelopment>agencies. in at least the same proportion as the community's Although the,malonty°of'agency activities f, un total,nurrber of housing units needed for each in and.expendttures;relate',to economic development; agen- come'.group bears to the total number of units cies also have a=respons bilityto mcrease;.improve,,:and': nee';dedhfor persons of very low, low, and moderate preserve the,corninuriity's supply of low= andrnoder income: (as, determined under §65584).Over the ate -income: housing Agencies are.required. to .deposit duration of the implementation plan; the agency at least 20 percent: of tax revenues intoa. 'separate. Iow shall assist persons regardless of age in at least the and.Moderate. Income:Housing Fund strictly for'afford= same proportion as,the population under the, age of ableliousing In.recognitionxpf agencies' important role;; 65'years bears to the total; population of the com relevant to housing, the -Leg Aature; over the years re- munity .(as reported in the most recent census) wised: and linked the following provisions of,--housing,.,(Health aril Safety Code §33334:4) (AB 631, Chap - element and redevelopment law:, ter:73.8;�Statutes 2001). ® Tho. -housing" element.must estimateahe amount"of' ;rue to: tl e" Redeveloprnen . Rela��®nsh><p with Other Elements erste Income. HousingFund Inttetency ening period,'of the e'l Jm - t Section 55553(c) requires that the housing element med "uses for. ,;those: fiends. describe "the: means by which consistency' will be achiev.;ed with,other general plan elements'and com- Chapter 4: Required Elements of the General Plan—Housing Useful Definitions: Housing Element Income Levels: Income categories are defined with respect to the area median income, and adjusted adjusted for household size.Are median income is determined for each county. For detailed defi- nitions of these terms, the reader should consult Chapter 6.5 (commencing with §6910) of Title 25 of the California Code of Regulations.The in- come categories below are based on the follow- ing general parameters, but are adjusted for a number of factors, including household size, rent - income ratios, a statewide floor, and a national cap. Very Low Income: No more than 50 percent of the area median income. Other Lower Income: Between 50 and 80 per- cent of the area median income. Lower Income: No more than 80 percent of the area median income (i.e., combination of very low income and other lower income). Moderate Income: Between 80 and 120 percent of the area median income. Above Moderate Income: Above 120 percent of the area median income. program should evaluate any potential conflict be- tween general plan elements and the housing element, and must describe the means by which consistency will be achieved and maintained. Housing elements are updated according to a par- ticular schedule (§65588) and the scheduled updates are usually on a five year planning horizon. The five year planning horizon is much less than the traditional general plan horizon of 15 to 20 years. Due to the dif- ference in planning periods, inconsistencies can arise between the assumptions in the housing element and the rest of the general plan, if the other elements are not required or updated in consideration of the hous- ing element update. As a result, the preparation of the housing element should accommodate the difference in planning periods. In order to comply with statutory requirements, the land inventory in the housing element will need to iden- tify land with a variety of zoning and development stan- dards (i.e., low and high density) to meet the local government's share of the regional housing need in the five year planning period. At the same time, the land 74 General Plan Guidelines Quantified Objective: The housing element must in- clude quantified objectives that specify the maxi- mum numbers of housing units that can be con- structed, rehabilitated, and conserved by income level within a five-year time frame, based on the needs, resources, and constraints identified in the housing element (§65583(b)).The number of units that can be conserved should include a subtotal for the number of existing assisted units subject to con- version to non -low income uses that can be pre- served for lower-income households. Whenever possible, objectives should be set for each particu- lar housing program, establishing a numerical target for the effective period of the program. Ideally, the sum of the quantified objectives will be equal to the identified housing needs. However, identified needs may exceed available resources. Where this is the case,the quantified objectives need not equal the identified housing needs, but should establish the maximum number of units that can be constructed, rehabilitated, and conserved (includ- ing existing subsidized units subject to conversion that can be preserved for lower-income use), given the constraints. See the definition of "objective" in Chapter I. use element will be setting a variety of land use desig- nations with acreages that drive goals, policies and pro- grams in other elements on a 20 -year planning period. In order to maintain consistency with the housing ele- ment, a local government should pay particular atten- tion to incorporate and anticipate land needed to accommodate their share of the regional housing need in the five-year planning period and the longer general plan horizon. Since, the housing element affects a locality's poli- cies for growth and residential land uses, the jurisdic- tion should review the entire general plan, especially land -use provisions, to ensure internal consistency is maintained upon any amendment to the housing ele- ment or other general plan elements. Public participation The housing element has a requirement for public participation that is in addition to public participation provisions in the preparation or update of the general plan (§65351). Specifically, housing element law re- quires the local government to describe and make dili- Chapter: 4: Required Elements of the General Plan—Conservation germ, efforts, to,-acl ie.Ve public p.artieiipation. of all,, eco-provide up.=to-date date information about financial re- nomie segments: of thezeommunity iii the: development'. sources -availableto local governments, housing devel- of th'e housing.element:` opers'and sponsors. An effective public participation:process;.should be- gin<.at he outset: of the:housirig.elementupdate:pro= C®NS`ERVTIfI ELEMENT cess:.Nlenibers of`the community should be involved; Theconservation elernentprovides direction regard-: in e..valuating the accomplishments 4, the:;previous.ele=v g me. conservation, development,-and utilization of went, identifying `current needs, resources and con= naturalresources'.' Its requirements overlapthose of the straints, as well=: as assisting in' tliTe development- of open-space;,aand u e, safety; and circulation elements: conimumt - als; pohcies:arid' adions: Most commu= The conservation element is distinguished by being ; pities=engage:residents, in.tlie process.prior to prepay- primarily oriented toward natural resources. mg�the draft.element .Iii add tion_to holdiing required Population growth and development continually re- public: hearirigs,.at the planning comni 9sion4n& city quire Ahe use `of both renewable and nonrenewable re- council or„board ,of supervisor=level, an:adequate and sources: One role of thea: conservatoii element is to effective citi2enparticipation proc;ess:mustnclude ad- establish policies.. that reconcile conflicting demands ditional steps: to- ensure, he -public; participation of” all onahose resources. In recent years, some ;jurisdictions economic segments of he community (including; low-- have.: adopted: policies °related to mitigation_ banking; and moderate income households): The housing ele- conservation`easement programs; and the state and fed- should des`cr be.efforts by.the`locality to: ;' eral E'.ndangered Species acts in their.conservation el- Sp Include°all: economic° segments ;of the community ements Other .local jurisdict ons.'.have incorporated in the public particlpatioirprocess. policies related.4o :Natural Community, Conservation Circulate the: houszn:g eiement .among. housing, ad.- Planning (NCCP) programs. IVCCl' is a broad-based voca ,es-,: organizations se.rvinglower income,house=, approach to.,'the, regional protection of .plants and ani- holds and individuals: mal`s'and their habitats while allowing for compatible and ® Tiivolvesucli .groupandpersons in the develop- s. appropnate.ecoiiomic activity. This and other programs; '(§51230, ment.ofthe ererrient: sucht as,.,those,under the-Williamson Actet se q) and the Timberland Productivity Act (§51100, et - Also,. see discussion of General Plan pulci_ partici- seq.), provide important implementation:tools. pati ii, in Chapter-„ 8: Te.�h ��ab,AssWanc'er As;oft - s writing;.th6 conservation lenient has not The California- Department of .I=lousing and Corn- been the specific subject of either court decisions or mun ty I�eve,lopmenthas exten*pv mater als,available legal opinions of l e California Attorney General. to assist in.thcpreparaton of local housing elements and appreciates the opportunity ta.facilitate the°rprep'a= ele�'�� Issues ` ratibiy and implementation of i- usinsg.elements= Flous- To: the extent that, they, are relevant, the following ing-elementtechn cal=assistance information is. availablet issues; must be addressed with regard to the conserva- on H,C, 's website,atwww.hcd ca:gov Refer to-ahe Di`= ..tion; development;, and`.utilization ofnatural resources: vision; of HousiJI PolicyDevelopment.and the section .:. Water and itg hydraulic force pertaining toState Hou usingPlanning 1-mon other Forests items, the. Housing ,Element section `contains the : .. ublication Housin Eemeniuesons ls Soudepartment's and Answers and-ahe> Czovernnent Code:_ sections.. Rivers and other waters dressing: state housing elementila .. Harbors In addition to. variety of dein dphic data, Fisheries' eludinig Census.data,, HCD website includes inforina Wildlife tion about.pl"tinning andcomrnumty development laws',; lousing.elenientupdate:scheduleandrevew.status;of. Minerals housing elements.- HCD also, operates a computerized . ; Other natural resources database; the, Clear=inghouse for. AffordableHousng -Community and' Economic Development Financeto The discussionof water in:uthe conservation element General Plan Guidelines ' 75' Chapter 4: Required Elements of the General Plan—Conservation must be prepared in coordination with water suppliers and include any information on water supply and de- mand prepared pursuant to §65352.5. The conserva- tion element may also cover the following optional issues: ♦ The reclamation of land and waters. ♦ The prevention and control of the pollution of streams and other waters. ♦ The regulation of the use of land in stream chan- nels and other areas required for the accomplish- ment of the conservation plan. ♦ The prevention, control, and correction of the ero- sion of soils, beaches, and shores. ♦ The protection of watersheds. ♦ The location, quantity, and quality of rock, sand, and gravel resources and other minerals of state- wide or local significance. ♦ Flood control and floodplain management. sources (e.g., saltwater and freshwater marshes and wild rivers). (L, O) ♦ Assess the current and future quality of various bodies of water, water courses, and groundwater. (L, O) ♦ Inventory existing and future water supply sources for residential, commercial, industrial, and agricul- tural uses. (L, O) ♦ In conjunction with water suppliers, assess exist- ing and projected demands upon water supply sources, including agricultural, commercial, resi- dential, industrial, and public demands. (L, O) ♦ In conjunction with water suppliers, assess the ad- equacy of existing and future water supply sources. (L, O) ♦ Map riparian vegetation. (L, O) ♦ Assess the use of water bodies for recreational pur- poses. (L, O) ♦ Biologic diversity and it implications for the eco- logic sustainability of plant and wildlife habitats. Forests Ideas for Data and Analysis Evaluating and quantifying a city's or county's natu- ral resources, including the condition and sustainability of natural resources systems, is necessary for the prepa- ration of a comprehensive conservation element. Analy- ses should be based upon sound ecologic principles and should recognize the relationships among natural com- munities and the importance of the natural environment in land use planning. The following is a list of ideas for data and analysis that should be considered in the de- velopment of locally relevant policies for the conser- vation, development, and utilization of natural resources. Water ♦ Inventory water resources, including rivers, lakes, streams, bays, estuaries, reservoirs, groundwater basins (aquifers), and watersheds. (MAP) (L, O) ♦ Identify the boundaries of watersheds, aquifer re- charge areas, and groundwater basins (including depths). (MAP) L, O) ➢ Assess local and regional water supply and the related plans of special districts and other agencies. ➢ Analyze the existing land use and zoning within said boundaries and the approximate intensity of water consumption. ♦ Map the boundaries and describe unique water re - 76 General Plan Guidelines Inventory forest resources and perform a compre- hensive analysis of conservation needs for forests and woodlands and of the interrelationships forests and woodlands have with watersheds. (MAP) (L, O) ➢ Describe the type, location, amount, and ownership of forests with a value for com- mercial timber production, wildlife protec- tion, recreation, watershed protection, aesthetics, and other purposes. ➢ Project alternative land uses within resource areas, including density and intensity of de- velopment. ➢ Describe the types, location, amount, and lot sizes of land and timber resources subject to timberland production zoning. ➢ Identify areas of five acres or more contain- ing oak woodlands made up of Blue, Engelman, Valley, or Coast Live oak species. (MAP) Soils ♦ Inventory soil resources. (MAP) (L, O) ➢ Describe the location, acreage, and extent of different soil types and farmland soils (includ- ing prime farmland) in the planning area using the Natural Resources Conservation Service's Land Capability Classification System or the Storie Index. ➢ Identify areas subject to soil erosion and landslides. Chapter 4: Required Elements of the General Plan -Conservation . Map4andwi3th Agncultural,Pre.serves:and/ regarding listed species or, subject to Williamson Act` contracts. or ➢ Analyze any adopted Habitat Conservation Farmland Security. Zone contracts Plan or'Natural .Communities Conservation Identifyadditionatw-eas,potentially-qualify- Plan for pertinent policies. (0) ingfor`inclusion-in Agricultural Preserves or ® Assess the potential effects of development on the other agriculturaFpreservationprograms:continuity of plant and wildlife habitats. Analyze the potential for ;development pat - Bar hor atHarbors terns to fragment, plant and wildlife habitat. As essthe. adequacy of port;. harbor, and water=re ➢ Analyze :regional `trends in development to late -transportation ;facilities;an&,the need for ex- determine their effects on natural resources. pansron an d`improvementsi (L, CI) Gather. historical. data on the use of facilities. Minerals, including rock, sand, and gravel resources Projectfuture: demand. -based on new or ex ® Inventory mineral resources. (MAP) (L, ®) panded:'economic activities and recreational ➢ Identify the type, location; extent and qua1::- trends, ity of mineral, oil, --gas, and geothermal re- Review harbor. and port district plans for in - sources. (®) formation on -planned- provements• ➢ Locate, mineral: resource areas classified or designated by the StateMining. and Geology Fisheries Board under the. Surface.Mining an&Recla- Identify water bodies and watersheds :that must be mation Act. (MAP) (L, ®) protected or rehabilitated -to promote:continued rec- ➢ Identify existing mining areas and oil, gas reational�;andcornmercial:f skiing ,..including key fish and geothermal wells (and associated devel spawning areas.. opments). (MAP) (L, ®) duces overlay printol ts': for use: with :TTS_CiS concerning mining' activities, reclamation standards, and permitted mining sites. here;, and lieinactiv- * Examine the existing water quality in aquifers, breeding, etc:) using streams; and other bodies of water. )epartment of:Fsh and::. Identify existing and ootentialwater pollution Chapter 4: Required Elements of the General Plan—Conservation landfill sites. (MAP) ➢ Examine the results of groundwater tests con- ducted in the vicinity of landfills and haz- ardous materials dumps, ponds, tanks, and storage areas. ➢ Examine regulations regarding the use, storage, and disposal of hazardous materi- als. ➢ Inventory existing and proposed land uses that could contribute to the pollution of streams and other waters. ♦ Identify the need for community sewage collection and treatment. ♦ Assess the capacity of sewers and the treatment capacity of sewage treatment plants. ➢ Contact any of the state's nine Regional Wa- ter Quality Control boards for information concerning water quality, wastewater man- agement, and other water -related topics. Reclamation of water ♦ Identify polluted water sources for which reclama- tion is feasible. Erosion ♦ Identify areas subject to erosion using soils data from the Natural Resources Conservation Service. (MAP) ♦ Assess historical data regarding beach and shore erosion. ♦ Identify areas subject to potential beach and shore erosion. (MAP) Flood management ♦ Identify flood -prone areas using, among other things: (MAP) (L, S) ➢ Reasonably foreseeable flood flows. ➢ National Flood Insurance Program maps pub- lished by the Federal Emergency Manage- ment Agency. ➢ Information available from the U.S. Army Corps of Engineers. ➢ State Reclamation Board designated flood - way maps. ➢ Dam failure inundation maps prepared pur- suant to §8589.5 (available from the Office of Emergency Services). ➢ Historical data on flooding, including local knowledge. ♦ Identify present and possible flood control works, 78 General Plan Guidelines their effects and effectiveness, and their costs, in- cluding: (MAP) (L, S) ➢ Dams ➢ Reservoirs ➢ Levees ➢ Flood walls ➢ Sea walls ➢ Channel alterations ➢ Diversion channels and weirs ♦ Describe federal, state, and local agencies in- volved in flood control, including information such as: (L, S) ➢ Jurisdiction. ➢ Regulatory powers. ➢ Existing floodplain regulations, such as presi- dential or gubernatorial executive orders, in- terstate compacts, and statutes. ➢ The Federal Emergency Management Agency's National Flood Insurance Program. ➢ Available funding and technical assistance. ♦ Identify existing and planned development in flood - plains, including: ➢ Structures, roads, and utilities. ➢ Construction methods or designs to protect against flooding. ➢ Compliance with existing regulations for flood control (see "Flood Management Ele- ment" in Chapter 6). Other natural resources (examples) ♦ Inventory agricultural resources, including grazing land. (L, OS) ➢ Identify location, amount, and ownership of land in agricultural production. (MAP) ➢ Describe agricultural production in the plan- ning area by crop type. ➢ Identify farmlands in accordance with the Natural Resources Conservation Service's land inventory and monitoring criteria, as shown on the "Important Farmland Maps" prepared by the Department of Conservation. (MAP) ➢ Inventory irrigated versus non -irrigated ag- ricultural land use ♦ Generally inventory wetlands. ♦ Assess air quality, consistent with regional air qual- ity and transportation plans. (O, CI) ➢ Analyze air quality trends. ➢ Assess current air quality. ➢ Analyze potential impacts on air quality of alternative plan proposals and implementa- Chapter. 4- Required Elements of the General Plan—Conservation UsefulDefinitions: Conservation Element Conservatlon::The. man age ment of- natural, resources Farmland of L®cal ,Importance: Land, of im- to.prevent waste; destruction, or neglect.;,> - portance to the local. economy,as-defined Erosion ,The„:proc,ess� by>whieh: soil and rock are de- by each county's' ocal advisory committee tacked:and' moved<by ru:nnmg water, wind;'iee, and and adopted by ;its Board.of Supervisors. ravitFarrriland-of g' y' Local.lmportance is"eithercur- rently"producing,or has thecapability ofpro- Habitat..The.natural;environment of a Plant"or animal., but:does not meet the criteria of Im°portant Fai-rnland Series? Maps: Maps "maintained; Prirns:Farmland; Farmland of Statewide Im- by the: California Department of Conservation's portance, or. Unique Fa rmland.Authority to Farmlan& M,ap'ping_ and Mo:nitoring ;.Program` adopt -11 ,or, do recommend changes to the cat®, ; (www:conservatio-n.ca.gov/dlr..p/f -mp) to shove egoryof.Farrnland of Local lmportanc ,rests farmland.and_urban.ar.eas:in California.These maps with;the Board of Supervisors in each county. are basedm part on modern,.soil surveys published Grazing Land, Land;;on which the existingweg- bp ., natural Resources:Conservation Service and etation.is suited to the -grazing of livestock. cover much of the tate .Themaps and" ociated This category is used ,only in California and acreage,Aata:-are,,for�information only=and ;do not was developed in'cooperation:with the Cali- state;prescription ;for- local land use. fornix Cattlemen's Association; the 'Univer- Th`e.maps:use eight classifications "Prime Farmland;' sity of California'Cooperative Extension Ser- "farmland"of:Statew+ide Importance;'"Unique Farm- vice, and othergroups Interested in: knowing land," '. Farmland of Local Importance," "Grazingthe extent of grazing. activities:The minimum Land," "Urban,and; Built-up Land," "Other Land;'mapping unit for Grazing Land is40=Acres. and "Water7 "A separate.overlay category of "Land Comm tted.to Nonagricultural lJse".is also main- Urban and BuiltFlUp Land: Land occupied by tamed: The Department, :of Conservation has de- structures with a buildingAeosity of at least cations. tailed:definitions� of these classifications. Generally one 'u and a half acres,or approxi - the are defned.as follows: y mately six structures to a ten -acre parcel. Prue' FarMItn& Farmland With the best combi- Land C®mrnitted to Nonagricultural Use: nation; of_ h' sical=;and chemical features able p y Landshat is permanently committed by lo- to sustain long term production of agricul- cal elected officials to_nonagricultural de - Lural crops Th- land has thesoil quality,grow- velopment by virtue of decisions which can- season; andtoP is g `,rnois'Ply.-needed" not.�be. reversed -simply by a.majority.vote produce sustained=high yields.The land must of.a:city, council or county�board of super - lavebeen used:forthe production of irrigated visors.'Land Committed to "i�lonagricultural crops at some time dur:.ing the two update Use'' must be designated .'in an adopted local cycles ,Prior to.: the mapping date. general plan for future nonagricultural devel- opment. The resultingdevelopment must Farmland: 1, S tewide lr�portanc Farmland meetthe requirements of"Urban and Built-up similar.• to "Prime Farmland;" but with` minor: Land"or"Other Land:' County boards of su- shortcomings, such as:great erslopgss or with : pervisors and city councils have the final au - less. ability to. hold- and: store moisture. The thority to designate lands in this category. land .must have been used; -for the production Water: Water areas of at least40acres. of irrigated:.cropsatsometime during;the two update cycles prior to"the mapping date. .and Capability Classification (U.S. Natural Re- Unique- Farmland: Farmland`of.lesserquxlity soils sources -Conservation Service):,A grouping of use.d:for the.production of the state's leading soils into ' classes (I -VIII), subclasses, and units agnculturaLcrops This Iand is usually orngated;: according to their suitability for agricultural use, but may include nonirrigated orchard's"°or vine based on soiLcharacteristics and climatic conditions. yards; as found msome,elmatic zonesin Cali Mlnerals.Any naturally occurring chemical element fornix. The Iand: must have:been cropped at or compound, or groups of elements and com- some tirnedunng,the tdvo update:cycles prior pounds,formedfrom inorganic processes and or - to the map, Mg, ganic substances,including, but not limited to, coal, Chapter 4: Required Elements of the General Plan—Conservation Useful Definitions: Conservation Element (Continued) peat, and bituminous rock, but excluding geother- mal resources, natural gas, and petroleum (Public Resources Code §2005). Gold, sand, gravel, clay, crushed stone, limestone, diatomite, salt, borate, potash, etc., are examples of minerals. Despite the statutory definition of"mineral," local governments may also want to consider geothermal, petroleum and natural gas resources along with their planning for minerals. Non -Renewable Natural Resources: Inanimate re- sources that do not increase significantly with time and whose use diminishes the total stock (e.g., min- erals, fossil fuels and fossil water). Prime Agricultural Land: "Prime agricultural land" means the following: (1) All land which qualifies for rating as Class I or Class II in the Natural Resources Conservation Service land use capability classifications. (2) Land which qualifies for rating 80 through 100 in the Storie Index Rating. (3) Land which supports livestock used for the pro- duction of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States De- partment of Agriculture. (4) Land planted with fruit- or nut -bearing trees, vines, bushes, or crops that have a non-bearing pe- riod of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than two hun- dred dollars ($200) per acre. (5) Land that has returned from the production of unprocessed agricultural plant products an annual gross value of not less than two hundred dollars tion measures. ➢ Identify air quality impacts from vehicle emissions. ➢ Identify air quality impacts from all other sources. ♦ Inventory energy -producing resources and energy conservation opportunities. ➢ Inventory resources, including wind, solar, hydroelectric, and biomass (using forest, do- mestic, and agricultural wastes). ➢ Inventory energy conservation opportunities, including transportation economies, urban 80 General Plan Guidelines ($200) per acre for three of the previous five years (§51201 (c)). (NOTE:This statutory definition may be somewhat dated.) Renewable Natural Resources: Resources that can be replaced by natural ecological cycles or sound management practices (e.g., forests and plants). Riparian Habitat: The land and plants bordering a watercourse or lake. Storie Index: A numerical system (0-100) rating the de- gree to which a particular soil can grow plants or pro- duce crops, based on four factors, including soil pro- file, surface texture, slope, and soil limitations. Timber: "Trees of any species maintained for eventual harvest for forest products purposes, whether planted or of natural growth, standing or down, on privately or publicly owned land, including Christ- mas trees, but does not mean nursery stock" (§51 104(e)). Timberland Production Zone: An area which has been zoned pursuant to §51 1 12 or §51 1 13 and is de- voted to and used for growing and harvesting tim- ber, or for growing and harvesting timber and com- patible uses. Watershed: The total area above a given point on a watercourse that contributes water to the flow of the watercourse; the entire region drained by a wa- tercourse. Wetlands: Areas that are permanently wet or periodi- cally covered with shallow water, such as saltwater and freshwater marshes, open or closed brackish marshes, swamps, mud flats, vernal pools, and fens.This also includes wetlands under the jurisdiction of the U.SArmy Corps of Engineers which encompasses ver- nal pools and other areas with hydrology, soils, and vegetation meeting federal regulatory standards. design (i.e., land use patterns), and residen- tial, commercial, and industrial conservation programs. Ideas for Development Policies The conservation element should contain objectives, policies, principles, plan proposals, and standards for the conservation, development, and utilization of a jurisdiction's natural resources. Policies should be spe- cific enough to cover the individual resources yet broad and inclusive enough to include the natural systems from which they are produced. The following is a list Chapter 4: Required Elements of the General Plan -Conservation of subjects tlat?should b:e. considered during;the prepa= life.:communities and sensitive watersheds. (0) ration -of the conservation.element and included as de- ® The development and -improvement of port, harbor, velopment policies., to~the: extent- that -,,-they are locally and waterwayfacilities. (CI) relevant. ® The -protection of water bodies and watersheds that ® The type; ands ntensity- of development.in or adja- are important for the management of commercial cent.to-water b:odi'es,and,courses (LO) andrecreational fishing(' L; O) ® The protection5,, use;, and :development of bodies of ➢ , Protection of water bodies` hat are important water and water courses (r~e£,_nvers, lakes; streams, for. subsstence;fishing. bays;. liarbors:,,estuari"es; marshes;. and, reservoirs): The' protection of fish and wildlife and their habi- (.®) tats: (0) ® The -protection. of and= development m watersheds® The protection of plant- species and their habitats. and aquiferrecharge,•areas. (L,, 0). () ® The'enhancement, and protection of the quality of The preservation- and protection of rare; threatened; surface,water::res.ources acid=the.:prevention of con- or endangered species.within the planning area, n- taml n-.. cluding "candidate species' and species of special The:,protectionor, improvement ofwater-quality. (0) concern consistent with state: and federal regula- The preservation ofwetlands, including jurisdc- tions and law. (0) tional.. wetlands and, saltwater and:; freshwater ® The promotion of congruency and cooperation with marshes 'consistent;with federal and;: state°:require- the management plans and policies of other' local, meats. (0) state, and. federal agencie , -.non=prof ts, and other ® The protection of wild. rivers °and,their: watersheds.. groups involved with the preservation of resources. (®) The recognition and implementation of- enacted The provision of domestic industrial; and:agricul= Habitat Conservation Plans (including multispecies tural water (0). plans) and Natural Communities Conservation Pro- grams. (C) ® The conservation of water supplies.(groundand sur- face) The .protection, use, and development of mineral deposits, -including oil, gas, and geothermal re- ® The -conservation of near=. an vegetation (0): sources, (This should include policies developed ® The designation -and utilization of°hydroelectric: underaheSurface'Miningand ReclamationAct.See power generating .sites (1VIAP) (L) Chapter 9.) (®) The management and protection of forestry re- ® Development adjacent to or near mineral deposits, sources: >(L, O) mining sites, andoil, gas, and geothermal develop- The o onservati nv of forests for wildlife protection; meats. (L,:.()) recreation; aestheti;cYpurposes;. etc. (L O)_ Landreclamation in areas where mining, prolonged ® The conservation of oak.woodlands (®) ir-r-igation landfill activities, hazardous materials storage or: disposal,, erosion; etc., have occurred. (L) ® The application of timberland productron zoning, The establishment of resource conservation areas. ® The rezoning, of land zoned for tiimerlandproduc- (®). tion. ("L)'` `♦ The elimination of existing water; pollution ® The minimization of conflict:.between agricultural' sources. andurbanland.uses=througktransinons in landuse The development, improvement, and timing of ma - designations:. ()L). �or'sewer, water; and storm drainage projects needed ® The- management and use,- of agricultural soils: to mamtainwater quality. (L, Cl) The siting of aandfillsin relation to water bodies ® The control' -and prevention of erosion (among; other considerations). - ® The encouragement of`t,e use of pubha advisory, , The sitin.g.of hazardous materials storage and d s- committees.to-develop landscape level goals, stare posal,facihtw. with. regard to nearby water bodies dards,. and -measures; for protecting:plant and wrld (among other considerations)., (L) General Plan Guidelines 81 Chapter 4: Required Elements of the General Plan—Open Space ♦ The control of hazardous materials in areas where water pollution is possible. ♦ The reclamation of polluted water bodies. ♦ Flood management. ➢ Floodwater management. (O, S) ➢ Floodplain management. (L, O, S) ♦ The conservation, development, and utilization of other natural resources, such as: ➢ Farm and grazing lands. (L, O) ➢ Air quality. (Cl, L, O) ➢ Energy resources. (H) ♦ The protection or improvement of air quality through coordinated efforts with other public agen- cies and jurisdictions. (L, Cl, O) ♦ The enhancement and protection of archaeologi- cal, historical, and paleontological resources. Technical Assistance The following state agencies may provide informa- tion or assistance for the preparation of the land use element: ♦ Coastal Commission ♦ Coastal Conservancy ♦ Department of Boating and Waterways ♦ Department of Conservation, including the Divi- sion of Land Resource Protection and the Division of Mines and Geology ♦ Department of Fish and Game ♦ Department of Food and Agriculture ♦ Department of Forestry and Fire Protection ♦ Department of Water Resources ♦ Energy Commission ♦ Environmental Protection Agency ♦ Integrated Waste Management Board ♦ Wildlife Conservation Board OPEN -SPACE ELEMENT The open -space element guides the comprehensive and long-range preservation and conservation of "open - space land" (§65563). Open -space land is defined in statute as any parcel or area of land or water that is essentially unimproved and devoted to open -space use (§65560(b)). Along with the housing element, the open -space el- ement has the most detailed statutory intent (see §65561 and §65562) and, next to land use, is the broadest in 82 General Plan Guidelines scope. Because of this breadth, open -space issues over- lap those of several elements and the open -space ele- ment is commonly combined with other elements. For example, the land use element's issues around agriculture, natural resources, recreation, enjoyment of scenic beauty and, to a certain extent, public grounds are covered by open -space provisions. "Open space for the preservation of natural resources" and "open space used for the managed production of resources" encom- pass the concerns of the conservation element. "Open space for public health and safety" covers issues simi- lar to those found in the safety element. Court Interpretations In Save EI Toro Association a Days (1977) 74 Cal.App.3d 64, the California Court of Appeal held that because the City of Morgan Hill had not adopted an open - space plan, the city could not acquire, regulate, or restrict open -space land or approve a subdivision map. Mere adoption, however, does not protect a local jurisdiction from the adverse consequences of a lawsuit challenging an open -space element. An open -space element must also meet the specifications of the Government Code. Open -space elements have equal legal status with all other elements. In Sierra Club a Board of Supervi- sors of Kern County (1981) 126 Cal.App.3d 698, the California Court ofAppeal voided a precedence clause that gave a land use element priority over an open - space element on the grounds that it violated §65300.5 (which requires that elements of a general plan com- prise an integrated, internally consistent, and compat- ible statement of policy). No Oil, Inc. v City of Los Angeles (1988) 196 Cal.App.3d 223 interprets the meaning of the term "open space for the managed production of resources." A citizens' group challenged the city's approval of oil drilling zones in a coastal area designated as open space by the Brentwood -Pacific Palisades district plan. Ab- sent specific contradictory language in the district plan, the court held that because oil recovery is the managed production of a natural resource, it was therefore con- sistent with the plan's open -space designations. In light of this decision, OPR strongly suggests that local gen- eral plans specify the types of land use that are intended to comprise open space. Relevant Issues The following topics should be addressed in the open -space element to the extent that they are locally relevant: ♦ Open space for the preservation of natural resources including, but not limited to: Chapter 4^ Re.quired:.Elements of the. General Plan—Open Space ➢- Areas, required for, the preservation- of plant. flows•,, sites of wildfires, and earthquake and"an-ihial=life:inelu.ding{.habitat for fish;and, faults. wildli&_ Demands for. trail-orientedrecreational use (Public Areas required for°e;cologic and other scien- Resourc.es�Code;§5076): (Cities and counties must tific study,.rivers; streams, bays; and estuar- consider such.demands in.developing specific open- ies, and;; coastaSl beaches, lakershores, banks= spacepro'grams.) offi"rivers: and=streams, and-rwatersheds. reservoirs; and.areas requredfor the protec'= . >1 Inventory existing and proposed areas for Thee retention of all publicly owned' corridors for ®pen space used• for the managed ptodueti6w, of futuresus`e (e ab e& rail lines, utility;corri= resources mcl ding!;,lut:not lnnited to .: dors;.easements, etc.). Forest lands,;; df-, agricultural lands The: feasibility of integrating city and county trail and areas of .economic importance for the routes with appropriate segments of the California production offood or_fiber Recreational Trails Systerri�(Public- Resources Code Ar"eas required for recharge of: -ground water., § 507.6),,:(Seez the Californial�ecreational Trails Act; ba "sins: commencing with Public Resources Code §5070.) - ➢ Bays, es' uardes,,.mar..shes, rivers,: and:streams: fmaricing.now necessar-.y for construct onrand ; which are important for the nmanagement of ldeas for Data, and Analysis commercial fisheries . Historicahnatural hazard`boundaries, ucli;as Areas coniaming�rna�or mineral:'deposits, in - The following are suggested -'topics for data collec- cludmg'those M. short;supply.: , tion and analysis 'for.the development of open -spade -:'..:..,:(ec.nor��-p�%n>.�i�i'ic�inec.• . iaa policies. ® Open spaces. for.: outd=oor recreation.. including, ,but noir limited to:: Open space fog the preservation of natural re- but not=limited to.. ➢ List the=types of animals that might be found Areas._ that :require special: inanagem- ent or in particular habitat, the time of year .they regulation becau e of hazardous or special might,be foundthere and their activities (e,, g., con ditions,suck, as earthquake: fault, zones,, breeding) using information from the Wild - un stabl'e soil`areas;. floodplain`s.watershed's, hfe Habitat Relationships Program. Contact areas presenting high fire risks,. areas required the:: .epartment: of Fish and, Game's Wildlife for the protec•,tion of water quality aad:water- 1Vlanagement:Divison fornforrnation. reservoirs; and.areas requredfor the protec'= . >1 Inventory existing and proposed areas for tion and enhancement of:air.quahty ecologic and other scientific study. Open=space. areas.designedsfor fvelbreak and: ➢ Examine any adopted HabitatConservation fuel, reduction zones, helispots and -:.fire ,ac: Plan (HCP) or NaturalCommunitiesCon- cess. Open=space fire safety standards servation Plan (NCCP): policies,, can be iinpldmeii.ted byt`the adoption' > Inventory oak. woodlands. (CO) of open -space zoning regalations Such regu- l . Identify'existiug oak woodlands where . latioris-.would help= eliminate the owner by ', the density-oftrees is five ormore oaks ownerhagre,0nen% and public a=geiicy.. per acre. d. flue =En Engelman Valle P g 9 y, fmaricing.now necessar-.y for construct onrand ; or- Coast hive oak species dominate. maintenance. (MAP): Historicahnatural hazard`boundaries, ucli;as 2. Assess: the effects- of past> and use de- inundation= areas; landslide paths, ;debris,. cisi:onson oakwood%nds=aiid"identify . � ,.,.. .•- -:'..:..,:(ec.nor��-p�%n>.�i�i'ic�inec.• . iaa Chapter 4: Required Elements of the General Plan—Open Space factors causing any decline in oak woodlands. ♦ Consult with the Department of Fish and Game and the U.S. Fish and Wildlife Service regarding spe- cies on the threatened or endangered species lists. ♦ Inventory water resources, including rivers, lakes, streams, bays, estuaries, reservoirs, groundwater basins (aquifers), and watersheds. (MAP) (CO) ➢ Map water bodies. ➢ Identify the uses of waterways and other bod- ies of water (e.g., transportation, harbors, and domestic, industrial, agricultural, and recre- ational use). ➢ Delineate the boundaries of watersheds and aquifer recharge areas and the depth of groundwater basins. ➢ Analyze seasonal factors in water availability. ♦ Assess the quality of various bodies of water, wa- ter courses, and groundwater. (CO) ➢ Generally delineate the boundaries of and de- scribe unique water resources (e.g., saltwa- ter and freshwater marshes, wild rivers, etc.). ➢ Map beaches, lakeshores, and river and stream banks. ➢ Review plans prepared by the state for des- ignated wild and scenic rivers. (MAP) Open space for resource management ♦ Inventory forest resources. (L, CO) ➢ Describe the type, location, amount, and ownership of forests with value for commer- cial timber production, wildlife protection, recreation, watershed protection, aesthetics, and other purposes. (MAP) ➢ Describe the type, location, amount, and own- ership of land and timber resources subject to timberland production zoning. (MAP) ♦ Inventory agricultural resources, including range- land. (CO, L) ➢ Identify the location, amount, and ownership of land in agricultural production. (MAP) ➢ Describe agricultural production in the plan- ning area by crop type. ♦ Inventory soil resources. (MAP) (CO) ➢ Describe the location, acreage, and extent of different soil types and farmland soils (in- cluding prime farmland) in the planning area using the Natural Resources Conservation Service's Land Capability Classification Sys- tem or the Storie Index (see "Useful Defini- 84 General Plan Guidelines tions: Conservation Element" box earlier in this chapter). ➢ Identify areas subject to soil erosion. ♦ Inventory groundwater recharge areas. (MAP) (CO) ♦ Inventory water bodies that are important for the management of commercial fisheries. (MAP) (CO) ♦ Inventory mineral resources. (L, CO) ➢ Identify the type, location, extent, and qual- ity of mineral resources, including oil and gas. (MAP) ➢ Describe the location and extent of geother- mal resources. (MAP) ➢ Describe the location of mineral resource ar- eas classified and designated by the State Mining and Geology Board under the Sur- face Mining and Reclamation Act. (MAP) Open space for outdoor recreation ♦ Inventory areas of outstanding scenic beauty. (MAP) (L) ♦ Inventory historical and cultural resources, includ- ing archaeological sites and historically and archi- tecturally significant structures, sites, and districts. (Note: Because of the possibility that archaeologi- cal sites may be vandalized, the exact locations of the sites must not be publicized.) (MAP) ♦ Assess the demand for public and private parks and recreational facilities and inventory areas particu- larly suited to parks and recreational purposes. (L) ➢ Describe the type, location, and size of ex- isting public (federal, state, regional, and lo- cal) and private parks and recreational facilities. (MAP) ➢ Review federal, state, regional, and local plans and proposals for the acquisition and improvement of public parks. (MAP) ➢ Assess present and future demands for parks and recreational facilities. ➢ Identify underserved areas of the community. ♦ Inventory points of public access to lakeshores, beaches, rivers, and streams. (MAP) (L) ♦ Inventory scenic highway corridors. ➢ Identify state highways included in the Mas- ter Plan of State Highways Eligible for Offi- cial State Designation as Scenic Highways, local highways of scenic significance, and National Scenic Byways and All-American Roads as designated by the U.S. Forest Ser- vice. (MAP) ➢ Assess identified scenic highway corridors Chapter 4 Required Elements of the General Plan=Open''Space andtheir appropriate ,oand'ari°es,,scenicf;m- ® Assess the potential for land subsidence. .(S); tar -es,,; and rel°ationship= to- surroundings;, the ➢ Review historical data on land subsidence re - incompatible,, existing ;devAelopment' within sulting from extraction of groundwater, gas, the corridor; the,:proposed realignments or oil, and> geothermal, resources and from improvements, and: the potential for;;;"future hydrocompaction and peat oxidation." public. and private£ development within ; the, Perform a geologic evaluation of the poten- condor: " tial for furthersubsidence. (MAP) ® Inventory recreational trails" and areas, and:: assess ® Identify flood-prone=areas using: (L, CO, S)` the; demand, % them t (M:AP) (L) : ➢` . NationalFlood Insurance Program maps pub- Inventory trails proposed: by and deuelped under lished" by the Federal "Emergency Manage the. Cahforma Recieatj_ ti, Trails :.Plan-.of,1978 (I�e- merit Agency partment of 1'arks:and Recreation Se;e Pub is Ike- ➢ Information from" the 'U.S. Army Corps of sources Code: § 5076 and §:507"0;;, et seq:): Engineers. ➢" State Reclamation Board designated, flood - Open pace: fog public ;health and'safety ' way maps (for the Sacramento and -San Review the general geology an&seismic;history°of Joaquinvalleys only). the region and"the pYannmg. area (S).' ➢ Dam failure inundation maps .prepared pur- ® "Assess.the:potentialfor.surface.rupture: (S)' suant to §858.9.5 (available "from the Office Performa geo`logic;evaluatiom:of the:poten- of Emergency Services): tial. for ;displacement along„active:, and po- Locally"prepared"maps" of,flood-prone areas teritially active faults in."the planning area: and repetitive flood damage sites. (1VIAP): Plistorical data on flooding; including infor- , Map the .location, of earth uake. fault zones: q mationfrom conversations with long-time lo - designated.by the" State G"eologst under the: eal residents. Alquist-Prialo Earthquake Pault Zoning,Act Identify watersheds and key ;areas for the protec- .(see= Chapter 9)'. (1VIAP) ` ” . tion of`water quality and reservoirs. (MAP) (CO) Assess.tlie .-po. ntiatf, ground,' shaking. (S);, ♦ Assess the risk of wildland fires. (S) Identif<y: active, and :pot ,ntially ;active faults ➢ Identify areas of varying fire hazard sever- " rn the region '(MAP} it: ,base:d on fuel loading (vegetation),, Review' historical: data onr se smic ground weather, `slope; and 'histor cal data. (MAP) shaking withsin the planning area ➢ Identify the developments,, facilities, and- ➢ " Perform a geologic evaliiation:poten= people in and near hazardous areas. tial forAground shaking:based on a{maximum; ➢ Evaluate the adequacy of access to hazard - credible earthquake (l�AP) ; ' ous areas (e.g., . types of roads, dead-end Assess; the "potential: for- g roads; etc:). Perforrri_a georlogac ,evaluation of the. poten- Identify are "as'necessary for the protection and en- ti"�al for seis nical`ly induced` landslides, hancement of air quality. (MAI') mudslides,, lquefaetion;::and soil co m. tion. MAP); Identify areas with naturally. occurring shallow gas deposits:- " ® Assess slope stability. (CO, S).," Review historical � data on landslides: and edeas®e:-VeVelpen$ pIgcIles mudslides Perforin a,", geologic evaluation of the po- The>following are topics that might be covered by tenti.al' for lands rides° and; mu.desli.d-d. `.: open, space element policies: (M:Ap)- The protection of fish" and wildlife and their habi- ® Assess: the. potential for cliff, erosion (S) tats-; including rare and endangered species. (CO) ➢ . "Review historical, data° on cliff erosion. ® The promotion of and consistency with adopted Pexform a geologicevaluation=of the poten-- PICPk" d, NCCPs. (CO), tiaffor cliff erosion. (MAR) -P ) , _ � The protection of rare and endangered plants. (CO) General Plan Guidelines -' as Chapter 4: Required Elements of the General Plan—Open Space Development in or near existing and proposed ar- eas of ecologic or other scientific study. The protection and preservation of oak woodlands and mandated replacement planting of native oaks where oak woodlands are proposed for alteration. (CO) The protection, use, and development of water bod- ies and water courses (e.g., rivers, lakes, streams, bays, harbors, estuaries, marshes, and reservoirs). (CO) The protection of beaches, lakeshores, and river and stream banks. (CO) The protection of water quality. (CO) The protection of watersheds and aquifer recharge areas. (L, CO) ➢ Type and intensity of development. ➢ Drainage runoff and performance standards. The protection of designated wild and scenic riv- ers. (CO) The protection of forestry resources, including specifications for compatible uses and minimum parcel sizes. (L, CO) The use of timberland production zoning. (L, CO) The protection, use, and development of agricul- tural lands (e.g., field crops, orchards, grazing, etc.), including specifications for compatible uses and minimum parcel sizes. (L) ♦ The encouragement of the use of public advisory committees to develop landscape -level goals, stan- dards, and measures for protecting plant and wild- life communities and sensitive watersheds. (0) ♦ The prevention of soil erosion. (CO, S) ♦ The preservation of groundwater recharge areas. ♦ The protection of water bodies and watersheds that are important for the management of commercial fisheries. (CO) ♦ Land use relationships in areas containing ma* deposits, including policies, plan proposals, and standards developed under the Surface Mining and Reclamation Act (see Chapter 9). (L, CO) ♦ The protection of areas of outstanding scenic beauty. (L) ♦ The protection of archaeological sites. (L) ♦ The preservation of historically or culturally sig- nificant sites. (L) ♦ The type, location, acquisition, development, and management of public and private parks and recre- ational areas. (L) 86 General Plan Guidelines ♦ A framework for park exactions under the Subdivi- sion Map Act (§66477(d)). (L) ♦ The protection of and improved access to lakeshores, beaches, rivers and streams. (L) ♦ The protection of local scenic highway corridors. ♦ The protection, improvement, development, and maintainence of recreational trails and related fa- cilities. ♦ The coordination of trails with access to waterways required under the Subdivision Map Act. ♦ The integration of local trails with state and federal trail systems (see Public Resources Code §5076). ♦ The type, location, and intensity of development in areas of seismic hazards. (L, S) ♦ The type, location, and intensity of land uses in ar- eas with unstable soils. (L, CO, S) ♦ Non-structural floodplain management approaches. (L, CO) ♦ The type, location, and intensity of land uses within flood -prone areas. (L, CO, S) ♦ The type, location, and intensity of development in areas subject to inundation from dam failures. (L, S) ♦ The type, location, and intensity of land uses in fire - hazard areas. (S) Ideas for Open -Space Action Programs Every local open -space element is required to con- tain a specific action program (§65564). What follows are some ideas for action programs to preserve open space. While the first item on the list (open -space zon- ing) is a state requirement for counties and general law cities, the other ideas are only suggestions and are meant to stimulate thinking about action programs. More de- tailed suggestions can be found in OPR's publication Putting Action into the Open -Space Element. ♦ Open -space zoning pursuant to §65910 (e.g., ex- clusive agriculture zones, large -lot zones, overlay zones for hazards areas, etc.). ♦ Public acquisition of open space (see Chapter 10). ♦ Private acquisition of open space (e.g., non-profit land trusts or conservancies). ♦ Preferential assessments (see Chapter 10). ♦ Application of the Quimby Act to subdivision ap- provals (see §66477). ♦ Provisions for open space in specific plans (see Chapter 10). ♦ Provisions for open space in development agree - Chapter 4:'Required Elements of the General ;Plan-Noise me.nts. (s:ee.Chapter 10), Noise _Element Guidelines pursuant to health and ® Transfer. of development rights;: Safety:'Code §4605:0.1, followed shortly thereafter by ® Open space in planned.unit developments: ; a model noise ordinance:, In 1984, revisions to the gen.. eral plan- statutes made extensive changes to the noise ® Actionprograms for open Y space within urbanizedelement requirements (ChapterJ009 >Statutes. of 1984). areas These:revisions shortened the list of issues required by Connect existingopen spaces to the popula- statute ,and.gave flexibility to local governments inana- tion with the, `greatest need for tliese open ,. lyzmg the issues and subjects.pertinent to the local plan- spaces Thrs can be,�faeil.,i, by; ni'ng=area. . 1 Extending the hours of existing recce- L cal governments ,;must, "analyze and quantify" at onal,facrlit es by lighting them itnight: noise levels and the extent of noise, exposure ,through 2. Creating a: "acant„lot'.' task,force'ta actual measurement or the use of noise modeling: Tech- examine ways to allow publicly owned nicaldataxelating>to mobile andpoint sources must be vacant parcels: to convert to interim pas- collected and, synthesized into , a ' set of noise control sive use<parks and community gardens. policies.and programs that "minimizes the: exposure of 3.. Expanding parks.'arrd schools and:assist- community—residents to excessive noise." 'Noise level ing schools to: convert asphalt,totturf:: contours must be mapped and the conclusions of the 4. Funding, and' expanding various types element used as a basis for land use decisions. The ;el- ofparks and recreational programs. - ement must include implementation measures and pos- rmpose impact fees on new developmentBible solutions to existing and foreseeable noise where 'ustified:= problems .Furthermore, the policies and standards must I. Include.open,-space�acq.gisition=in.cap - be sufficient serve as ,guideline for compliance with tal improvement programs.. sound.tr' ansmission control requirements. The noise el- 2. Emplo :land use:. controls to. im , ose y p ° ement directly correlates to the land use, circulation, reasonable: and proportional` impact and housing elements. f6es. to equine,,opewspam The noise, element must be used to guide decisions concerning land use and the location of new roads and Techifl a AssIlst,ancl transit facilities since these are-common sources of ex- Tlie, following: state- agencies may. provide: informa- cessive noise levels. The noise levels from''existing land tion.or assistance.for. thepreparatiowof the open space- uses; including.mining,-agricultural; and industrial ac- element: tivrtres must be closely analyzed to ensure compatibil- ® Air Resources:-,Board'' ity; especially where residential and other sensitive receptors have encroached into areas previously occu- ® CoastalComimssion pied by these uses.= ® Coastal ConservancyCaltrans administers several freeway noise control ® Department,of Boating='and Waterways- programs I0' eneral, these are applied to residential ® Department of Conservation and sckool,uses thatpreexisted the particular freeway. Formstane'e, noise -attenuating walls are installed along ® Departrrient of Fish and.Garne: the freeway frontages of qualified residential develop- ® Department: of Forestry and Fire. Protection ment under. the New Construction. or Reconstruction - ® Department=.of Parks and Recreation' and Comniuni Noise Abatementprograms. In addi-' tion,..tl ere :area number of schools adjacent to free- Department. of Water Resources!,, ways,tlat'have qualified for School Noise Abatement ResourcesAgency;'including:the LegacyProject' program funds for'the acoustical attenuation of class- ® Seismic..Safety Commission:- rooms.. ® Wi`ldlfe Conservation Board Local airports=are subject to the noise requirements of the Federal Aviation Administration and noise stare dards under Title 21, §5000, et seq., of the California NOI'E ILEME Codeof Regulation :These standards are designed to The purpose of thenoise element rs-to lrmit.ahe ex= causerportproprietor, aircraft operators, local gov- posure of the,comm-unity to:exeess ve noise 1euels.. In: ernrnents, pilots, and Caltrans to work.cooperatively o 1.976,; the.D'epartrnentofHealth Servicesissuedthe first diminish noise problems. The Federal Aviation Act, General Plan Guidelines - 87 Chapter 4: Required Elements of the General Plan—Noise however, preempts local regulations controlling noise at airports themselves and limits arrival and departure times of jet aircraft flights. (See City of Burbank u Lockheed Air Terminal (1973) 93 S. Ct 1854 and 53 Ops.Cal.Atty.Gen 75 (1970)). The Caltrans Office of Transportation Laboratory publishes the Caltrans Noise Manual and numerous reports on mitigating transportation noise. The Cali- fornia A irport Land Use Planning Handbook, published by Caltrans' Division of Aeronautics, includes noise information relating to airports. Court and Attorney General Interpretations As of this writing, no noise element prepared since the statutes' 1984 revision has been the subject of an appellate court decision or Attorney General opin- ion. However, three past appellate court cases remain germane. The content of the noise element was one of the central issues in Camp a County of Mendocino (1981) 123 Ca1.App.3d 334. Mendocino County's element did not quantify noise levels, did not include an inventory of current and expected noise exposure (noise contours), and was apparently not supported by monitoring data. As a result, the court found the element to be inad- equate. The county's argument that the existing ele- ment was sufficient for a quiet rural county was not persuasive to the court, since the statute was neither subjective nor geographical. The Camp decision un- derscores the importance of comprehensive data col- lection and analysis. The decision in Neighborhood Action Group v. County of Calaveras (1984)156 Cal.App.3d 1176, high- lights the importance of including the noise element in the land use decision-making process. In this instance, where a conditional use permit for a surface mining operation was at issue, the appeal court stated that "a quantitative inventory of existing transportation noise must be compared with that added by a particular project. The aggregate noise level must be measured against policy statements and standards required to be in the general plan." This decision makes clear that the noise element must be adequate to serve as the basis for analyzing projects that may potentially increase noise levels. Pursuant to the decision in Guardians of Turlock's Integrity a City of Turlock (1983)149 Cal.App.3d 584, a general plan is invalid if it lacks a noise element. Fur- thermore, in the words of the court, "unless the general plan sets noise guidelines, an EIR addressing noise is- sues lacks meaning." 88 General Plan Guidelines Relevant Issues The noise element should cover those issues and sources of noise relevant to the local planning area. The element should utilize the most accurate and up- to-date information available to reflect the noise envi- ronment, stationary sources of noise, predicted levels of noise, and the impacts of noise on local residents. It should be as detailed as necessary to describe the local situation and offer solutions to local noise problems. Issues to be addressed by the noise element include the following: ♦ Major noise sources, both mobile and stationary. ♦ Existing and projected levels of noise and noise contours for major noise sources. ♦ Existing and projected land uses and locational re- lationship to existing and projected noise sources. (MAP) (L) ♦ Existing and proposed sensitive receptors, includ- ing: ➢ Hospitals. ➢ Convalescent homes. ➢ Schools. ➢ Churches. ➢ Sensitive wildlife habitat, including the habitat of rare, threatened, or endangered species. ♦ The extent of "noise problems in the community." ➢ Survey of community to determine location and extent. ♦ Methods of noise attenuation and the protection of residences and other sensitive receptors from ex- cess noise. ♦ Implementation measures and possible solutions that address existing and foreseeable noise prob- lems. Ideas for Data and Analysis The following are suggested topics for data collec- tion and analysis: Identification and appraisal of major noise sources ♦ Identify major noise sources, including: ➢ Highways and freeways. ➢ Primary arterials and major local streets. ➢ Passenger and freight on-line railroad opera- tions and ground rapid transit systems. ➢ Commercial, general aviation, heliport, he- listop, and military airport operations; aircraft overflights; jet engine test stands; and all other ground facilities and maintenance func- Chapter 4: Required Elements of the General Plan—Safety tions related to,- airport operation: Local.industry; including;>but notlimited to ralroad.classificatioii- yards.; Other: ground;>stationary noise -sources iden tied by ocal agent es,a&contributing to the community noise, environment.. Analys.asandiquant f ca&4' of tlie. local noise environment ® Select the.method;ofnoise measurement or.model- ing< to be used in_ the: noise element: lines and the Uniform Building Code. Guidance for zoning and development through the adoption of= -specified noise mitigation, including provisions for increased building setbacks, buffer areas; compatibility zoning, and other land use strat- egies'., (L) ® The establishment of local standards and guidelines fornoise evaluation, includin 'bdseiine specifications. The evaluation;of new residential and -other sensi- tive` uses for consistency with noise ;standards in areas.adjacent to major sources ofnoise.,(L) ® The review of. all land use acid°development pro pos.als for compliance, with noise and land use com- patibility, standards. ® Guidance for the location and design'of'transporta- tion `facilities to maintain acceptable noise levels. (L, CI)- * The control of stationary noise at the source through the use of insulation, berms, building design/orien- tation,.buffer areas, staggered operating hours, and other, te.chniques.. (L; O) ® The minimizationofnoise exposure around airports in correlation with the policies of the local Airport Land Use Plan and airport noise standards pursu- ant to Title 21 §5000, et seq., California Code of Regulations. (L) The_ correlatation of noise: element concerns with the objpe tives,.policie's; and plan proposals of the land use; circulation and, open- space elements in order to minimize community noise exposure. ® The -achievement of noise compatibility between residential and othersurrounding land uses, includ- ing: commercial and industrial. Chapter 4: Required Elements of the General Plan—Safety SAFETY ELEMENT The aim of the safety element is to reduce the poten- tial risk of death, injuries, property damage, and eco- nomic and social dislocation resulting from fires, floods, earthquakes, landslides, and other hazards. Other lo- cally relevant safety issues, such as airport land use, emergency response, hazardous materials spills, and crime reduction, may also be included. Some local ju- risdictions have even chosen to incorporate their haz- ardous waste management plans into their safety elements. The safety element overlaps topics also mandated in the land use, conservation, and open -space elements. When preparing a new general plan or undertaking a comprehensive revision of an existing general plan, OPR suggests addressing these common topics in a single place rather than scattering them among four sepa- rate elements. The key concern should be to integrate effectively these common issues into the decision-mak- ing process. The safety element must identify hazards and haz- ard abatement provisions to guide local decisions re- lated to zoning, subdivisions, and entitlement permits. The element should contain general hazard and risk re- duction strategies and policies supporting hazard miti- gation measures. Policies should address the identification of hazards and emergency response, as well as mitigation through avoidance of hazards by new projects and reduction of risk in developed areas. Com- munities may use the safety element as a vehicle for defining "acceptable risk" and the basis for determin- ing the level of necessary mitigation. Policies may ad- dress not only methods of minimizing risks, but also ways to minimize economic disruption and expedite re- covery following disasters. Seismic Hazards The safety element must establish policies to mini- mize the loss of property and life as a result of earth- quake. The Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code §2621, et seq.), the Seismic Hazards Mapping Act (Public Resources Code §2690, et seq.), the Unreinforced Masonry Law (§8875, et seq.), and the associated maps and regulations of the State Board of Geologists and Geophysicists and the State Mining and Geology Board offer crucial information and a starting point for local policies. The Department of Conservation's California Geo- logical Survey (CGS, also known as the Division of Mines and Geology), the Seismic Safety Commission (SSC), the Office of Emergency Services (OES), and the U. S. Geological Survey (USGS) offer a number of publications that are very useful in identifying, analyz- 90 General Plan- Guidelines ing, and addressing seismic hazards. The CGS has haz- ard maps and other information available online at www.conservation.ca.gov/cgs. The SSC's California Earthquake Loss Reduction Plan 1997-2001 is a stra- tegic plan for state and local government actions to miti- gate earthquake hazards. Technical information about earthquake hazards is available online from USGS at http://quake.wr.usgs.gov (maps and reports); the North- ern California Earthquake Data Center at http:// quake.geo.berkeley.edu (technical earthquake data); and the Southern California Earthquake Center at www.scec.org (earthquake modeling and probability). In the San Francisco Bay Area, the Association of Bay Area Governments (ABAG) offers a variety of earth- quake hazard and mitigation information on its website at http://quake.abag.ca.gov. The Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code §2621, et seq.) restricts devel- opment on the surface traces of known active faults. The State Geologist has produced maps that identify faults throughout the state and makes copies available to planning agencies. The Seismic Hazards Mapping Act (Public Resources Code §2690, et seq.) directs the State Geologist to map potential ground shaking, lique- faction, earthquake -triggered landslides, and other iden- tifiable earthquake -related hazards in California. Current information and an index map of the over 70 quadrangles zoned under the Seismic Hazards Mapping Act in Or- ange, Los Angeles, Ventura, Contra Costa, Alameda, Santa Clara, and San Mateo counties can be found on the website of the California Geological Survey, www.conservation.ca.gov/cgs. Call (916) 445-5716 for more information. The Unreinforced Masonry Law (Government Code §8875, et seq.) requires cities and counties within Seis- mic Zone 4 to identify hazardous unreinforced masonry buildings and consider local regulations to abate poten- tially dangerous buildings through retrofitting or demo- lition. The 1990 Loma Prieta quake graphically illustrated the advantages of abatement ordinances: al- though seismic retrofitting is primarily aimed at saving lives rather than protecting buildings, structural dam- age was substantially less in communities that had en- acted abatement ordinances than in neighboring communities that had not. Information on the Unreinforced Masonry Law, including the status of com- pliance as of 2000 and a 1995 model seismic retrofit ordinance, is available online from the Seismic Safety Commission at www.seismic.ca.gov. Call (916) 263- 5506 for more information. Flood Hazard The safety element must also identify flood hazard areas and establish policies to avoid unreasonable flood in Chapter 4s Required Elements of the Genera[ Plan—Safety risks,: A comprehensive: approach shouldinclu de map- reducing pre -fire fuel loads (Title 14, §1270, et seq.,, png.floodplains;. establshing:.,generalpolcies to keep : California Code of Regulations),. Although most of these- heseintensive, intensive,new development out of floodplains: or Ito regulations are too specific and regulatory in nature`to mitigate and protect against fl"oodimpacts if develop- include. -in a, general plan, they offer useful ideas for mentis to be located in<such areas minimizing jrnpacts local policies and can be,. adapted into .local fire" safe .on- existing; development wher-e possible; establishing „ ordinances and regulations outside of SRAs. The state= policies regardmgfcapit& improvements or acquisitions wide fire safe regulations include: necessary toensure flood protection,and:-establishing ® Roadstandards including "Width, surface;l, and grade; flood==management policie9"*,w ich,;may, include both for emergency access.and evacuation. structural and non-structuralapproaches;�to.�flood_con= Standards for signs identifying streets, roads, and trol using a multi -objective watershedapproach: buildings. Flooding:is _often a:regonal problem that crosses multiple jurisdictional boundaries. Policies should be, +'. Minunum water supply reserves for emergency fire " developed,;cooperatively. with local state; and.federal .:"use.,, agencies, including special districts; to create feasible. �'` Fuel breaks (i.e.., defensible space) around struc- solutions. tures and greenbelts aroundnew subdivisions: The Department. of Water`Resources", Division of Flood Management can -provide floodplain managem6fit With certain exceptions, after July 1, 1991, all new and flood control; information,. including floodplain construction -and subdivisions.withn SRAs mustmeet maps where .available (www.dfm.water.ca goy) The ` the_Title 14 standards or equivalent local requirements' Federal.Emergendy:ManagementAgency- (FEMA) also tkathave been certified by the State Board of Forestry. bas -:helpful inforn 1. ation onmitigation. It offers a flood In addition: ;any city or county within an SRA is re- insurance program :for_ communities that :enact`'""zoning quired to submit a: copy of. its,.draft aafety element or regulationsao limit development within flo.odzoies and any._amendments to that element to the State Board of prepares Flood:'Insurance. Rate°Mapsdelineating those , Forestry" and to every local agency that provides, .fire zones.' Information "on maps <can be ' found .at;`http:// protection'in its jurisdiction for review and comment at webl msc.fema.gov/MSC. The telephone number for least 90 days -prior to adopting ou amending. the ele- the flood insurance program at FEMA's. westernre- ment (Public Resources Code §4128:5). If the city or gional'officeis (510) 6Z7= Chapter 4: Required Elements of the General Plan—Safety 227-2651. Health and Safety Code § 13143.5 allows local fire officials to change or modify state fire safety codes when reasonable and necessary because of local climate or geologic or topographical conditions. Any changes can- not be less restrictive than the minimum state standard. Landslides The landslides generated by the El Nino storms of 1998 and 1992 illustrated the hazards to life and prop- erty posed by debris flows and landslides. Deep-seated landslides are caused by the infiltration of water from rain or other origin into unstable material. Fast-mov- ing debris flows are triggered by intense rains that oversaturate pockets of soil on hillsides. Landslides are the result of both natural conditions and the works of man. The California Geological Survey and the U.S. Geological Survey have published landslide in- ventory and landslide and debris -flow susceptibility maps at a variety of scales for selected areas of Cali- fornia. Areas prone to rainfall -triggered landslides overlap areas where earthquake -induced landslides, mapped under the Seismic Hazard Mapping Act, are likely. Other Hazards The Office of Emergency Services administers the Standardized Emergency Management System (SEMS), which provides a framework for coordinating multi - agency emergency responses (§8607 and Title 19, §2400, et seq., California Code of Regulations). SEMS Planners, architects, and law enforcement officials have become increasingly aware of the relationship between urban design and crime prevention.Terms for this concept include Safescape and Crime Prevention Through Environmental Design (CPTED). Planning and design strategies that deter crime include natural surveillance (eyes on the street), walkable environments (human/pedestrian scale), demarcated public and private space, and mixed-use development (high levels of activity). Resources: ♦ International CPTED Association, www.cpted.net ♦ Safescape, by Art Zelinka and Dean Brennan (APA Planners Press, 200 1) 92 General Plan Guidelines incorporates mutual aid agreements, establishes lines of communication during emergencies, and standard- izes incident command structures, among other things. Local agencies are not required to participate in SEMS but are not eligible for reimbursement of response costs under disaster assistance programs unless they do so. The safety element may include general policies for co- operation and assistance consistent with SEMS. For in- formation about emergency response planning, contact the OES Planning and Technological Assistance Branch at (916) 464-3200. The safety element may address any other subjects that, in the judgment of the local legislative body, re- late to the physical development of the county or city (§65303). A number of local jurisdictions have chosen to include the subject of crime safe community plan- ning. The safety element may be used to establish pro- grams and policies that promote neighborhood, institutional, governmental, and business safety. This need not be limited to protection against criminal ac- tivity, but may also include policies designed to avoid accidents throughout the community. These policies are commonly implemented through the design review pro- cess and address issues such as: ♦ Adequate lighting and landscaping for improved natural surveillance. ♦ Park and open -space usership, safety, and accident avoidance. ♦ Homelessness issues and residential shelters. ♦ Safety and accident prevention through design. Prior to preparing or revising its safety element, a city or county must consult with the Office of Emer- gency Services and submit one copy of its draft safety element to the California Geological Survey for review (§65302(g)). These agencies can provide safety element advice, particularly in the areas of emergency response, inundation resulting from dam failure, seismic hazards, and geologic hazards. Local governments must consider the findings of the California Geological Survey prior to final adoption of the safety element. In addition, the Department of Water Resources, pursuant to §65303.4, may develop site design and planning policies to assist local agencies that request help in implementing flood control objectives and other land management needs. Court and Attorney General Interpretations As of this writing, the provisions of a safety element have not been the subject of a decision by an appellate court or an interpretation by the California Attorney General. Chapter 4: Required Elements of the General, Plan—safety R,elevant:Issues: region. (MAP) (0) The: safety element -must examine, issu:es;.related o ♦ Gather historical data on.seismic ground shaking protectingthe: comm, unity from- any: unreasonable risks within the, planning area. associatedwith: ® Perform.a°geotechnical evaluation of the potential ® Seismically induced -surface rupture; ground-shak- for localized ,ground shaking based on the state ing;. ground=failure;Asvilam , seiche; and dais -failure. probabilistic earthquake hazard map.. (MAI')' " ® Slope: instability leading to,;mud'sldes=:andlandslides. - * Identify hazardous or .substandard structures that ® Subsides-6-jiquefaction; andother.seismic hazards maybe subjectto collapse,m the event of an earth - identified onaeisrnc hazard maps. quake, including, but not limted'-to, unreinforced masonry -;buildings (§`8875;et seq.). ® ®thes known geologic, hazards. ® Flooding: The potential for<seismically induced ground failure ® Wl'dland. and; urban fires: . ®, Perform. a geotechnical evaluation` of the potential - for earthquake -triggered landslide; mudslide, liq- It: must. also address --the= following: asthey: relate to " uefaction; -and soil compaction. (MAP) (0) - known fire and geologies>hazards: ® Determine the location of zones of required inves- ® Evacuation routes-, andsignage. tigation for liquefaction-, and earthquake -induced ` ® Peakload water su 1 re uirernents. Pp y' q hazards on a= seismic hazard zone map;prepared by ® Minimunrroad-widths::and turnouts: the'State Geologist; (MAP-)(®) ® Clearances around.Estructures. The potential for seismically induced dam failure The safety element must also contam.a map' or maps ® Identify areas that would be dated, in the event of known sesmic'and; other geologic Hazards. The of- of a darn failure. Ilam inundation maps are avail - fa dam ofaheAlquist-Priolo.Earth4uAkeTf aultZones able from the Office of Emergency Services. . and seismic liazardzones available from-the'Califor- (MAP) (0) . nia Geological -Survey, maybe included.or incorporated ® Identify the development, facilities, and people po- byreference;,, tentiallyat risk in areasaubject to potential inunda- ldeasf®r 'a and Analysts The folio in ,,i. - .suggested.as topics:for;.eonsider- Slope ,instability' and the associated risk of ation'during;tlie,data c'ollectoii and analysis.pliase of mudslides and landslides preparing a.safetyelement: ® Gather historical data on landslides and mudslides. The general geod.'ogy and seismichasto.ry of the= ® Identify areas that are landslide -prone by using, ,"d-, area regton an among other sources, landslide features maps pro- ® MapknoWivseismic andgeologic Hazards: (MAP) duced by USGS and the California Geological (0) Survey's, seismic hazard zone maps, landslide haz- ardidentification-reaps; watershed maps, and' geol- The potential for seismically induced sicrface:rupture` ogyi forrplanning maps. (MAP) (0) ® Determim the location.of active fault on I s, desig= Perform a,geotechnical evaluation of the local po- natedby-the State, Qcolog st under the:Al uist Priolo: q to`iitial for landslides and mudslides. (MAP) (0)- Earthquake FaultZonYngAct (1VIAP)` (0):, The potential for seismically induced seiches and Perform a,.geologies;evaluation'ofthe:potential,for ..tsunamis; displacement= along active and: potentially active Gather historical data on the occurrence of tsuna- faults in the'—planning area (MAP) .(O:):. mis and seiches within the planning area. (0) Perform a geophysical evaluation of the poten- The potential,: for seismically induced ground shaking tial "run-up" of tsunami and seiche waves. ,(MAP) Identify, =active and` potentially active` faults make-. (G).` - General Plan Guidelines 93 Chapter 4: Required Elements of the General Plan—Safety Useful Definitions: Safety Element Alquist-Priolo Earthquake Fault Zone: A regulatory zone, delineated by the State Geologist, within which site-specific geologic studies are required to identify and avoid fault rupture hazards prior to subdivision of land and/or construction of most structures for human occupancy. Critical Facility: Facilities that either (1) provide emergency services or (2) house or serve many people who would be injured or killed in case of disaster damage to the facility. Examples include hospitals, fire stations, police and emergency services facilities, utility facilities,and communications facilities. Fault: A fracture or zone of closely associated fractures along which rocks on one side have been displaced with respect to those on the other side.A fault zone is a zone of related faults which commonly are braided, but which may be branching. A fault trace is the line formed by the intersection of a fault and the earth's surface. Active Fault: A fault which has exhibited surface displacement within Holocene time (approximately the past 11,000 years). Potentially Active Fault: A fault which shows evidence of surface displacement during Quaternary time (the last 2 million years). Flooding: A rise in the level of a water body or the rapid accumulation of runoff, including related mudslides and land subsidence, that results in the temporary inundation of land that is usually dry. Riverine flooding, coastal flooding , mud flows, lake flooding, alluvial fan flooding , flash flooding, levee failures, tsunamis, and fluvial stream flooding are among the many forms that flooding takes. Ground Failure: Mudslide, landslide, liquefaction or soil compaction. Hazardous Building: A building that may be hazardous to life in the event of an earthquake because of partial or complete collapse. Hazardous buildings may include: I. Those constructed prior to the adoption and enforcement of local codes requiring earthquake resistant building design. 2. Those constructed of unreinforced masonry. 3. Those which exhibit any of the following characteristics: ♦ exterior parapets or ornamentation which may fall on passersby ♦ exterior walls that are not anchored to the floors, roof or foundation 94 General Plan Guidelines ♦ sheeting on roofs or floors incapable of withstanding lateral loads ♦ large openings in walls that may cause damage from torsional forces ♦ lack of an effective system to resist lat- eral forces ♦ non -ductile concrete frame construction Hazardous Material: An injurious substance, including pesticides, herbicides, toxic metals and chemicals, liquefied natural gas, explosives, volatile chemicals, and nuclear fuels. Landslide: A general term for a falling, sliding, or flowing mass of soil, rocks,water,and debris. Includes mudslides, debris flows, and debris torrents. Liquefaction: A process by which water -saturated granular soils transform from a solid to a liquid state during strong ground shaking. Peakload Water Supply: The supply of water available to meet both domestic water and fire fighting needs during the particular season and time of day when domestic water demand on a water system is at its peak. Seiche: An earthquake -induced wave in a lake, reservoir, or harbor. Seismic Hazard Zone:A regulatory zone,delineated by the State Geologist, within which site-specific geologic, soils, and foundation engineering studies are required to identify and avoid earthquake -caused ground -failure hazards, or selected other earthquake hazards, prior to subdivision of land and for construction of most structures for human occupancy. Subsidence:The gradual, local settling or sinking of the earth's surface with little or no horizontal motion (subsidence is usually the result of gas, oil, or water extraction, hydrocompaction, or peat oxidation, and not the result of a landslide or slope failure). Seismically Induced Surface Rupture: A break in the ground's surface and associated deformation resulting from the movement of a fault. Tsunami: A wave, commonly called a tidal wave, caused by an underwater seismic disturbance, such as sudden faulting, landslide, or volcanic activity. Wildland Fire: A fire occurring in a suburban or rural area which contains uncultivated lands, timber, range, watershed, brush or grasslands.This includes areas where there is a mingling of developed and undeveloped lands. Chapter<4: Required Elements of the General Plan -Safety The: poten:tial br la-nd subszdenc.e., liquefaction, Emergency evacuation routes as they relate tol known and other seism4c hazards. fire and geologic hazards Co lett l istor eal_data onaand subsidence resulting ♦ Evaluate -the adequacy of access routesto-andfrom from- extraction of -groundwater, natural" gas, oil, hazardous, areas.rrelative to. the degree of develop- and geothermal; resouxces and -_from merit or use (e.g., road width; .road type, length of hydrocompaction ,(0)". dead-endxoads,.etc ). (CI; O) ® Identifys areas of "known rrsk from liquefaction;. sub- ® Identify potental,improvements necessary to avoid sidence,.:or groundshaking unreasonable community; risk. Evaluate' the -potential risks; associated with` other ` known.geologc hazards, such as volcanic activity, Peakload:water supply requirements necessary to avalanche;..or chff`erosion. avoid unreasonable. risks from known fire and geologic hazards. ® Refer_ to'information from,.the state. seismic hazard maps; when, available.:: ® Evaluate,,-!.-the,;adequacy of the existing peakload water supply. The risk: of wildland fi`es ® Project future peakload water supply, and demand ® Identify.and:'classify'areas of varying fire hazard and needed`:improvements, if any, to ensure the pro- severity based on degree of developth- nt; fuel load- vision ofadequate water suppl es> ing (vegetation), weather= and slope, ;accessibility Minimum noad.widths and clearances. around to°=fire protection. assistance (ie , r-esponsc tune_, structures necessary to avoid un .8, onable isks. availability ofhehspots, proximity of air tanker at- from knownw,' e and geologic hazards tack, basess etc ), historical,. data; :and. ott er: perti:= nent information (NlAP):;(0). ® Evaluate.the adequacy of existing standards: Arialyzeahe potential.for;f re;to'cntically impact or ® Analyze the need for revised standards. eliminate habitat or open -space values': Identify the ♦ Assess the potential for disruption to evacuation policy iinphcations:"of �f re` safe or fuels reduction routes . fr.,om Tandslide movement, fault ruptures, policies-forbothpulilicandprivateconservationor earthqu:ake=triggered failures, and volcanic open space,areas (C eruption: ® Assess theneedfor:greenbelts,;fuelbreaks;fuelre= Emergency response duction: an, d.Uuffer°zones: arourid;.c:ommuri ties"for different`level's or zones of,fire hazard to mitigate ® Determine the service areas ofemergency services, potentiahlo'sses. includin'g,fire,;police, ambulance, etc. ® Evaluate. the °adequacy of "existing service and the The potential fog floodang, demand4for additional service. I`e£me' the. reaso.nab=ly fo-r=eseeabae floodplain: - (1VTAP)t(CO, Ideas;f®r°' veIOIBY�&ent'P®IlIlcIeS Identify areas:suhJect to:;inundation.b a 1.00- Here are: some ideas for the general -types of poli - year flood and: a 50:0-year.flood . ^ cies that maybe.;incorporated into the safety element to ® Collect historical data :on flogdmg; such as fr'e- ` the: extent that whey are locally relevant. Policies may aeric and intensi; . CO. L O) q y ` ty= ( ,. take the=following forms: ® Identifyareas!Vuln.p erable to.'ost-wildfire flooduig . Developmentstandards and restrictions to limit risk' - to acceptable; levels within Alquist-Priolo Earth - The.. risk ofres in„ urbanx areas :: quake Fault; Zones; including limits on allowable ® Id`enhfy`and classify areas of varying fie hazards;,. de,elopment, develo.,pment intensity, and setbacks. severity `based onyage, condition, size, occupancy:. from the.fault trace. (L, O) and use. of structuresand the spacing between them, A: determination of what constitute s an "acceptable access; fire. flows;' fire crew and equipment avail` . risk" m the conrnulity (e.g., life safety the state ability; r..esponse time; historical fire. data, .and other wide .mmiinum or some higher standard): pertinent'informatiori. (1VIAP) Requirements for a: geologic evaluation of the po- Chapter 4: Required Elements of the General Plan—Safety tential for displacement prior to site development to limit risk to acceptable levels along identified active and potentially active faults. (0) ♦ Regular safety element revisions to incorporate new seismic hazard maps or other information as it be- comes available. ♦ The removal or rehabilitation of hazardous or sub- standard structures that may be expected to collapse in the event of an earthquake, including, but not limited to, unreinforced masonry buildings, bridges, and critical facilities. ♦ Development standards and restrictions, such as limits on the types of allowable development, de- velopment intensity/density standards, and subdi- vision design policies, to limit risk to acceptable levels for sites subject to seismically induced land- slide, mudslide, liquefaction, or subsidence. (L) ♦ Requirements for geotechnical evaluation of the po- tential for earthquake -triggered landslide, mudslide, liquefaction, and subsidence prior to site develop- ment to limit risk to acceptable levels in areas where such hazards have been identified. (L, O) ♦ Use of geologic hazard abatement districts to fi- nance the prevention, mitigation, abatement, or con- trol of geologic hazards. (Public Resources Code §26500, et seq.). ♦ Development standards and restrictions to limit risk to acceptable levels within areas that would be in- undated as a result of dam failure. (L, O) ♦ Development standards and restrictions, such as subdivision design policies and building setbacks, to limit risk to acceptable levels within areas sub- ject to inundation as a result of a tsunami or seiche. (L, O) ♦ Development standards and restrictions, such as limits on development and restrictions on water wells, in areas subject to subsidence. (L) ♦ Development policies, standards, and require- ments, including setback requirements and sub- division design, to limit risk to acceptable levels within areas subject to other known geologic haz- ards (e.g., volcanic activity, avalanches, cliff ero- sion, etc.). ♦ Contingency plans for immediate post -earthquake response and longer-term reconstruction activities in areas potentially subject to significant damage. ♦ Requirements for evaluating the potential risks as- sociated with other known geologic hazards, such as volcanic activity, avalanches, or cliff erosion, and 96 General Plan Guidelines for limiting risk to acceptable levels prior to devel- opment. Requirements for geotechnical evaluation prior to site development of the potential for liquefaction and earthquake -triggered landslides in identified seismic hazard zone. (0) Development standards and restrictions to limit the risk of loss to acceptable levels within identified floodplains or areas subject to potential inundation by a 100 -year flood or by levee failuree. These might include subdivision design, setback require- ments, and development intensity/density standards. (CO, L, O ) ♦ Floodplain management policies, including both structural and non-structural approaches, and co- operative actions with other agencies. (CO, L, O) ♦ Policies to support the enactment of floodplain zon- ing necessary to qualify for FEMA's National Flood Insurance Program. (CO, L, O) ♦ Development policies, standards, and restrictions to reduce the risk of urban and wildland fires to an acceptable level, including: ➢ Peakload water supply requirements and per- formance standards for urban, suburban, and rural development. ➢ Clearances around structures (i.e., defensible space). ➢ Property line setbacks for structures in wild - land fire hazard areas. ➢ Fire equipment response time. ➢ Land use intensity/density standards. ➢ Subdivision design for fire safety, including defensible space. ➢ Fire safe building materials. ➢ Standards conforming to the fire safety stan- dards established by the State Board of For- estry for SRAs (Title 14 § 1270, et seq., California Code of Regulations). ➢ Road standards for fire equipment access. ➢ Standards for signs identifying streets, roads, and buildings. ➢ Minimum private water supply reserves for emergency fire use. ➢ Land use policies and safety standards that take into account the recurrent nature of wild - land fires. ♦ Strategies for both structural fire protection and for CHAPTER 5 Format and Element Integration All statutory references are to the California Government Code unless otherwise noted. bile state law specifies the basic content of the general plan, §65301(a) provides that the general plan may be adopted in any format the city or county chooses. A key consider- ation in deciding on a format is that the plan should be clear, concise, and easy to use. The various issues identified in the seven manda- tory elements overlap to a great extent. For example, simply following the statute would mean that flooding would have to be discussed separately in the land use, open -space, conservation, and safety elements. A good general plan avoids this sort of repetitiveness. Com- bining related elements, such as land use and circula- tion or open -space, conservation, and safety, is one effective way to do this. Organizing the general plan by issue area, such as community development, envi- ronmental resources management, and hazards, rather than by the individual mandatory elements, is another effective approach. EQUAL STATUS AND INTERNAL CONSISTENCY Every general plan must contain the seven manda- tory elements: land use, housing, circulation, noise, conservation, open space, and safety (§65302). The plan and its elements must comprise "an integrated, internally consistent and compatible statement of poli- cies..." (§65300.5). In other words, the land use el- ement must be correlated with the circulation element, and so on. All elements of the general plan have equal legal status. No one element takes prece- dence over any other. Statute requires that a general plan be integrated and internally consistent, both among the elements and within each element. For example, the data, assump- tions, and growth projections in the various parts of the plan must be consistent with one another. This is called horizontal consistency. Each jurisdiction is allowed to determine the ap- propriate format for its general plan and statute spe- cifically allows elements to be combined (§65301). However, it is most common for jurisdictions to adopt elements individually, resulting in separate 98 General Plan Guidelines documents for each element. This practice creates prob- lems, particularly if the elements are prepared and adopted over many years without proper correlation among elements. The overarching requirement that general plans be internally consistent is easy to forget during the inten- sive public process of creating the individual elements. Part of the problem lies in the manner in which the format and elements of the general plan are described in planning statute. The general plan statutes describe the seven mandatory elements individually, giving the impression that each element is a stand-alone docu- ment. Most general plan amendments and revisions occur in an incremental fashion, one element at a time. While elements may be combined, general plan stat- utes give no clear direction on how or why. Careful formatting and presentation style make the document easier to understand and make it easier to identify key policy issues that cross the boundaries of individual elements. Element consolidation is another means to achieve internal consistency within the gen- eral plan. Performing periodic comprehensive reviews and updates of the general plan can help to identify internal inconsistencies so that they may be corrected. ELEMENT CONSOLIDATION Merging or consolidating elements allows a city or county to combine the discussion of related issues into functional chapters and to eliminate redundancies within the general plan. This is easiest to do when a city or county is preparing to write a new general plan or to perform a comprehensive update of an existing plan. However, this approach can also be effective when revising two or more related elements of an ex- isting general plan. Mentioned below are some of the ways that cities and counties have consolidated ele- ments of their general plans to provide better integra- tion of issues and policies. Local Flexibility Although planning law separates planning issues into seven elements (land use, housing, circulation, noise, conservation, open space, and safety), there is Chapter 5::Format and Element Integration no requirement that a general plan;contain seven dis- solidation. For example; the safety.' -.and noise elements cr-ete. soctions. having; these titles: In- fact, wh Teas a share the goal of avoiding environmental -hazards. The decade; ago many.:general.plans,wer..e;. comprised of sev- open -space and conservation elements have many re- eral stand=alone:,elements_under.separatexcoyers, nearly source -related issues in ,common.. The landuse; circa - all new plans are: written as: a tingle document;. Each lation, and housing elements all deal with the location' of the issues is then addressed m> aaeparate chapter :or and distribution of built facilities. > section of the document;., Nu-nerous,co , � umties orgamze�aheirgeneral plans Consolidation Models along functinalolines,,°.cornbinmg two or=more_ issues, Around the state, the most, recent trend is to con - into> discrete` chapters . or sections with -titles. different solidate elements into chapters that} deal with cross- fromthe seven;elements enumerated iaplan'n law. `cutting: issues, such as env ronrnenta resources Most jurisdictions have at least one optional element, management; community design; or community facili- such as economic; development;`public,facilities, envi-ties. The following. models and examples illustrate ronmental:resources-m'anagement;,,or..c.ommun ty de- some ofthe ways in -which consolidated.plans may be sign., Each'chapter of the general; plan ,describes a set organized. -There is no "best' method; each comma- of`related issues from the: listof"seven mandatory ele- nity should select the format that -best meets its par- inents and the local juris-dicton-.'s: own. optional ele- ocular needs. In practice,;_ general plans often menus. These consolidated elements may be. entitled in more than one of these methods 'of organ- ` natural resources;. community facilities; health and zation: safety,.;environmental hazards, or community. design, When selecting'a format for the general plan, keep - to:,nameNa; few. the following goals in mind: Advntag�s of ® The plan and its parts must address the statutorily -Cons:®;hda�Y®n. required issues to the extent that they are locally The advantages of combining, elements; are many: relevant. internajl consistency is `easier: °to achieve,", functionally -; relatedFgoals, objectives, andpolices_can,.`be grouped ® The' general plan must be internally consistent. together..for easier reference; redundancy §_ inimized; ® Goals, objectives, and policies must be understand- and the general plan: text can: be. held to": a` reasonable - able and'practical to implement. length; making the plan both. easier o :understand° and ® The generalplan document(s) should be as easy to easier4o implement use as possible. S.treamlu.mg. to .minimize: duplicauon: and- overlap is a primary goal'andbenefit of element.c`onsolidation. One model for organizing the general plan is to con- Forexample, state planning law identifies flooding as solidate along functional lines: For example. the plan an issue- of "concerm m the land use;' open space;. eon- ping issues identified in the seven mandatory elements servation; and. safety elements . A' conso`hdated plan can be reorganized into, four elements: mighthave an.environrnental,hazards element contain- ing;a single: set of:goals and policies address ng� i es ® Housing 'and economic development (to address such as flood`hazards'floodpla"m management; -flood jobs; housing, and development in'general) controand'appropriate:land'uses,`for areas subject to ® Resources. to address natural resources, including flooding, i addition to,tre`atrnent=of seismic; and fire open space and resource conservation) hazard's: All too often, when separate`e -general.plahi `.elei- -_ ; ® Health and safety (to address 'noise, safety, and ments; are revised or adopted, ineo'nsistenci,e ".seep {. hazards'ofall types) in among the= goals, policies, ob ectives, :and pro- ® Public, and 'quasi -public facilities and services (to gramsof the .various=eleme_nts.. This is; a real danger address support services for development, includ- whentthe: same, arl rela-ed;issues; are addressed mde.t ing transportation and other Icirealdtion issues) pendently in. more thanr'one discretee.l°ernent Con- s.ohd"anon_reduc`es thepossbilit'of.inconsistencies. y A model well-suitedto areas with a high Concentra= by reducing- duplication: tion of natural resources, -Or where there are numerous Becaus,e::.of thea overlap among,,-.;the.,,-.,,.'plann ng is development constrairits;posed by natural .esources.is sues:required to be, adds. in the general plan, there the .resource-based .generahplan: Some communities are certaini elements that areparticularly: suitedao con with these,,characteristics have adopted an environnien= General'Plan Guidelines. 99 Chapter 5: Format and Element Integration tal resources management element that combines the open -space, conservation, and safety elements and the resource issues from the land use element (such as iden- tification of flood -prone areas and timberland produc- tivity zones). A general plan with a resource emphasis might satisfy statutory requirements by including the following four elements or chapters: ♦ Environmental resources management ♦ Land use and circulation ♦ Housing ♦ Noise A variation of this theme is to organize the manda- tory general plan issues around development con- straints and opportunities as follows: ♦ Constraints element (issues: land use, open space, conservation, and safety) ♦ Opportunities element (issues: land use) ♦ Commercial and industrial element (issues: land use) ♦ Noise element ♦ Circulation element ♦ Housing element A third model, which is often used in urban set- tings, involves a community development element that combines the issues that are central to land develop- ment. A model with a land use emphasis might com- bine mandatory issues as follows: ♦ Community development element (issues: land use, circulation, housing, and open space as it relates to resource production) ♦ Open -space and conservation element (issues: open space for the preservation of natural resources, out- door recreation, and public health and safety) ♦ Noise element ♦ Safety element Alternatively, the noise and safety elements in the ex- ample above can be consolidated further into a hazard management element. A variation on the community development element used by some jurisdictions is the community form element. This element typically combines the land use and circulation elements, an optional design or historic preservation element, and possibly the hous- ing element. 100 General Plan Guidelines STYLE AND PRESENTATION The following are some suggestions on style and presentation of information to make the general plan easy to understand and follow. Clearly Identifying Policies As statements of development policy, general plans should be functional and easily interpreted. Readers should be able to quickly reference objectives, poli- cies, and programs without having to wade through technical data, explanations of methodology, or other miscellaneous information. Policies should flow co- herently from objectives and implementation should be clearly described. Ideally, any user of the plan, whether a staff mem- ber, decision -maker, member of the public, developer, or other person, should reach the same understanding when reviewing a given objective, policy, or plan proposal. The general plan should clearly distinguish its ob- jectives, policies, and plan proposals from background information and discussion. Although data and analy- sis are important to the preparation of the plan and help put the objectives and policies in context, includ- ing them in the main body of the general plan can ob- scure the primary purpose of the plan: to provide "a statement of development policies." A preferable ap- proach is to include the data and analysis in a techni- cal appendix or in a separate volume (often called a background report). This way, the policies are easily discernible but the background information is readily available as needed. Keeping the Audience in Mind A general plan will be used by decision -makers and the public as well as by professional planners, so it should be written with these audiences in mind. To the extent possible, the text should be free of jargon, acro- nyms, and overly technical language. A concise glos- sary can help in this regard. The general plan should be available for anyone to study or review. Accordingly, the format should nei- ther hinder nor make prohibitively expensive duplica- tion. Designing the format so that it eventually may be placed online is worth considering. When drafting the plan, the staff or consultants should encourage the advisory committee, planning commission, and/or city council or board of supervi- sors to avoid writing in a bureaucratic style. Objec- tives and policies should be written in the active voice. Avoid policies that either provide little in the way of guidance for decision-making (i.e., "pursue an orga- Chapter 5: Format and Element Integration nze:d-system of open=space's.''), or pass-the.buck-(i.e:; Text boxes enclosing short discussions or explana "'encourage the: prepaTation- of`.a> citywide parking tions ofparticularpoints can'rovide informationwith- study"): Try to stick.to objectives -and policies that are out deiracting from the flow of the text. Illustrations, both:feasible and concr=ete; asp=illustrated m the>follow- . whether -Photos-`of:" referredcommercial'development ingexampl`es::"Ac-quire. open -space -along the north side types or `renderings of multipurpose trail profiles, for ofAlphab:et,,C .eekbetween.LincoFn Park and Monroe example, enliven the text. Avenue_for a.Class Lbike path'' or "Parking m,the.Cen tral es:szzDistrict shall.cornpl with>the, proud"signs Combining with the EI General Plan Guidelines 101 CHAPTER 6 Optional Elements All statutory references are to the California Government Code unless otherwise noted tate law offers considerable flexibility to go beyond the mandatory elements of the gen eral plan. Section 65303 enables a county or city to adopt "any other elements or address any other subjects, which, in the judgment of the legislative body, relate to the physical development of the county or city." Once adopted, an optional element carries the same legal weight as any of the seven mandatory ele- ments and must be consistent with all other elements, as required by §65300.5. Localities have adopted all kinds of optional ele- ments on topics ranging from aesthetics to water re- sources. The flexibility of content and format offered by the Government Code allows cities and counties to fashion elements that uniquely address subjects of par- ticular concern to them. This chapter offers some ad- vice on several of the most common and useful optional elements: air quality, capital improvements/public fa- cilities, community design, economic/fiscal develop- ment, energy, floodplain management, geothermal, parks and recreation, and water. Of course, these are only suggestions; the actual scope and level of detail contained in an optional element is left to the city or county to decide. AIR QUALITY Chronic exposure to air pollutants is a serious health risk to millions of California residents, particularly the young, the elderly, and people with heart disease and respiratory problems. Safeguarding public health has been the primary focus of federal and state air quality legislation and activities for many years. Air pollution also impacts local economies by damaging agricultural crops, natural vegetation, buildings, and other exposed materials. In addition, the economic health of an area can be affected adversely if insufficient air quality im- provement triggers more stringent federally mandated air pollution controls on business. Air pollution also can impair visibility and obscure views. For these reasons, cities and counties should strive to reduce emissions for the benefit of both their own residents and those of other communities in their region and the state as a whole. Local jurisdictions have responsibility for land use planning and can also significantly affect the design, 102 General Plan Guidelines creation, and management of development and the lo- cal circulation system. Local governments have an op- portunity to address air quality issues through general plans, development ordinances, local circulation sys- tems, transportation services, and other plans and pro- grams. No other level of government has such responsibility, including air districts. The general plan, as the foundation for all local plan- ning and development, can be an important tool for implementing policies and programs beneficial to air quality. Communities may choose to adopt a separate air quality element or to integrate air quality -beneficial objectives, policies, and strategies in other elements of the plan, such as the land use, circulation, conserva- tion, and community design elements. Currently, ap- proximately 100 cities and counties in California have adopted air quality elements. Whichever method is se- lected, consistency among elements and policies within the plan is essential for successful implementation. In addition, cooperation between localities is important since air pollution does not stop at political boundaries. Relevant Issues Motor vehicles are a major source of carbon mon- oxide, fine particulates, and pollutants that combine to form ground -level ozone in the state's metropoli- tan areas. The dispersed growth patterns prevalent in many metropolitan areas of California have re - Key to Abbreviations in Chapter 6 The following abbreviations are used in this chapter to denote other elements that might also address a particular issue: L: Land Use CI: Circulation H: Housing CO: Conservation O: Open Space N: Noise S: Safety MAP or DIA indicates information that can be shown on a map or diagram. GenerahPlan Guidelines 1:03 Chapter 6: Optional Elements, Air.Quality sulW&inlonger traveldi,stances and haveinereased= Ideas, for Data and Analysis, the. need for reliance oni motor vehicle .Land use!Air�quality elements typically include many of the and, transportation planning;_ anddevelopment pat- g� foil— items: tern& over the last 50 years have generally empha- Local Environment: Brief description of the local sized. the. use. of the,; .automobile` Less pol=lutin.g� setting, including loc.ation.within aregon, and me - alternative modes of.t-ransportation, such as:walk= to orolbgical conditions that may; affect air quality. I. emphasized n. many areas; Air ;Quality Designation: Brief description of the Land use.;.patte-m. and ,transportation,facihties "can:.: area..'s current" air quality designation; as well as affect the'.number of vehicle -trips, miles traveled; and " projected attainment dates if applicable. relatedvehicle .emissions .per household .,The location, AinbientAir Quality: Air quality data from local monis density, accessibility; anddesign of`buildings,.streets; toring.stations, if available, including the number of and: other;l`and "uses -in part determine the distances days that federal or state,standards were; exceeded. peopleneed'to travehto;reachemployrnentsites;stores;. Air ;Quality haws and Requirements: A summary schools, andother destinations.,These factors:also.in' ofa 1icable federal;and state standards and laws PP fluence which mode of transportation canbe provided pertaining to air pollution: andused (x�..,vanpool;:lius; train, walkm"g or bi- cycling). Recent.research conducted m California has ® Sources of Air Pollution: A summaryof the types found that land use"s, and transportation infrastructure of sources located"in the jurisdiction or county: 'stationary that are more. friendly =to. alternative tr-avel modes are These typically include sources, such as associated with reduced per: -household driving rates factories and power plants;;mobile sources; includ- and related polluta, emissions whiles "st ll.affordmg mg cars, trucks; buses, motorcycles, and off-road veli cles;.,'area sources, `such as lawn and garden people the rnoblhty they need, especially.: in corgestedr equipment; construction activities, and consumer metropolitan areas products; sourcesof toxic air contaminants; which Each community comains.'a unique combination of may include certain, incinerators, landfills, and existing and; planned; land: uses;;: transportation -,=infra= manufacturing facilities; and indirect sources such - structure, employmentates; openspaces;'.and other fea- as maJoralioroughfares, port facilities and airports. tures. Therefore, strategies.;must betail "ored to ft each- (Air districts can provide this information.) area= here is no.one size -fits -all solution to land°"use, trans brtatron., and air quality issues In addition,.the- ® Inventory of Emissions: As ummary of the amounts seventy of local, air polliahon,problerns may affect the,: of emissions produced by categories of sources of number andscope of strategies that -:communities may; air:,polluton. (Air district -s; can also provide this select: data) Emissions typically include the criteria pol- Jurisdictions may also wish to; address.other�activi- . lutants for which. there are currently national ambi- - tiesrelatedto air quality; such: as: energy conservation;:, ent air quality standards: carbon monoxide, ozone, cleaner-fuel'vehicles,y nmeasures tor. reduce. particulate: particulates; nitrogen dioxide, and sulfur dioxide. emissions frornroads, construction -sites; acid fireplaees4 Air° Quality Plans and Programs: Reference to ap- and public educat onprograins: pI ab1e466al'or regional -air. quality plans, which Later mthis:-cfiapter, guidance on an-,optio;en-" often Win-, egulations, and cies:, 'programs ergy element is provided: The issues of energy, -.4n, thatmay affect -local government activities. These:may quality are,'interrelated: Jurisdictions adopting; or. _ include: stationary- source'permitting requirements, amending 'an optional air quality element should con- regulations, related"to>>maj or sources of toxic air con- sider policies relatedA the -production and use.of en= tarnmants; "and transportation;; control measures ergy; including energy used for" transportation >> (TC Ms)such as voluntary ridesharing programs. , GenerahPlan Guidelines 1:03 Chapter 6: Optional Elements—Air Quality requires that Regional Transportation Plans (RTPs) conform to motor vehicle emission budgets in the applicable air quality management plan. In addi- tion, vehicle registration fee surcharges provide funding in many areas for local projects and pro- grams that reduce emissions from motor vehicles. (These funds are distributed by air districts, except in the South Coast Air Quality Management Dis- trict, where a portion of the funds is allocated di- rectly to local governments.) Ideas for Strategies Air quality elements may also contain goals, objec- tives, and policies related to the density and location of land uses, the transportation and circulation system, community design, and other strategies that can help reduce per -household rates of driving and related ve- hicle emissions. Alternatively, these strategies could be placed in the other parts of the general plan, such as the land use, circulation, conservation, and community design elements. Research has shown that certain land use and trans- portation strategies can lead to fewer per -household motor vehicle emissions from driving. These include: ♦ Concentrated activity centers, including downtowns, with mixed commercial, office, and residential land uses that can serve as focal points for transit and encourage pedestrian activity. ♦ Consolidated growth patterns, such as infill devel- opment within existing urban areas, higher -density housing within walking distance of transit stations, and clustered employment centers that enable al- temative travel modes. ♦ Transit -oriented development (TOD) that provides higher -density mixed-use development around ma- jor transit stops. ♦ Mixed land uses that bring destinations closer to- gether and make walking, bicycling, and transit use feasible and more attractive. ♦ Interconnected street networks that provide numer- ous routes for autos, pedestrians, and bicyclists rather than focusing traffic onto a few major arterials. ♦ Pedestrian and bicycle pathways that provide attrac- tive and safe alternatives to driving. ♦ Transit service that provides convenient alternatives to single -occupant automobile travel, especially in congested metropolitan areas. ♦ Developing a robust information technology infra- structure to support telecommuting. 104 General Plan Guidelines Several air districts have developed guidelines that suggest a number of strategies jurisdictions may con- sider. Some of these include land use and transporta- tion -related strategies, such as those listed above, that can help reduce the need for reliance on automobiles. Jurisdictions are encouraged to contact their air district for additional suggestions and information. The general plan can also address other air quality issues, such as stationary or "point" sources of air pol- lution including factories and powerplants. While the permitting of new sources of air empissions falls under the jurisdiction of the local air district, regulation of these use remains a city or county issue. For a discus- sion of compatibility issues regarding certain industrial land uses, see Chapter 2. Cities and counties can also work with the local air districts to develop policies to reduce emissions from area sources, such as construc- tion activities and consumer products. The staff at the California Air Resources Board has created a computer program called URBEMIS (Urban Emissions Model) that can be used to estimate emis- sions associated with land use development projects in California. URBEMIS uses the vehicle emissions model Emfac to calculate motor vehicle emissions. For more information on this and other programs, please see the Bibliography under "Air Quality." CAPITAL IMPROVEMENTS/PUBLIC FACILITIES Numerous cities and counties accentuate the im- portance of planning for capital improvements and public facilities by adopting a separate capital improve- ments and/or public facilities element. Capital improve- ments, such as roads, drainage facilities, sewer and water lines, treatment plants, and transit lines, are the framework that supports development. Their availabil- ity plays an important part in determining the pattern of land uses within the community, as well as the direction and intensity of growth. Public facilities, such as police and fire stations, city and county of- fices, libraries, and parks, are important to residents' safety and quality of life. The ability to provide these facilities is important to the well-being of the commu- nity. Technology infrastructure, such as wired and wireless communication systems, also affect devel- opment patterns, quality of life, and economic op- portunity. Capital improvements and public facilities are sub- jects that are listed under the land use and circulation elements in §65302. In addition, §65401 requires that proposed public works projects be reviewed annually for conformity with the general plan. Further, §65402 prohibits acquisition or disposal of public property with - Chapter 6:. Optional Elements—Capital 'Improvements/Public Facilities outa,findmg from the planning.commission of confor- relevant lssuues mitt' with the general plan. As always, the issues covered in a general plan ele- A capital improvements/publi'e.facilities, element pro= ment 'sl ould.be' limite d to those. hat are relevant to the vides.the:pol cy..basis to=guide shorter-termdocuments, community. The subjects covered m a capital improve= such. a the capital unpr-_ovein nts program,and the an- ments/public;facilities element' will depend. -on the size nual' capital; budget .The:> element should -offer. general- of the -community; the age and, adequacy of existing zed long ;term pol cies.,;grounded -in realistic :analyses infrastructure and facilities, its fiscal'situation projected ofexistmg capacity, future dcmand,and financing op-'-. demand, the ability of other. agenciesao provide infra- tions If facilities andser ice's are to=be pto,'ided;to ex- structure'and:facilities, ai dniany other factors. The fol- fisting=.:and future. development -in an. -efficient and lowing are some suggestions forahe kinds of issues that cost-effective ;way; the -the elernentr.must'discuss the maybeirnportant:` location of -fa, &facilities and improvements;accept ® General distribution; location, and:extent of exist= able 1e_uels: of service, fundingpriorities; and the °timing ing. and proposed..infrastructure (e.g.; 'water treat- of facility or service availability. ` mein and distribution facilities;. wastewater Public facilities, can=also be important =community distribution and treatment facilities, streets and design features (Although seldom done,.it makes sense roads, drainage facilities, public utilities, flood con- to incorporate generalcornmumty designprinciples into trol structures, etc.). the element: Good community design -creates interest ing and attractive paces thatprovide postiee exper-- ® General distribution, location, and extent of exist ences :for those; who live;., work,,or play there. Phe ingg and proposed public facilities (e.g., police and configurat�ori, , loc:ation,., and orientation to- :their sur- fire stations, schools, parks, ibraries, city hall,' public soundings ofpublicbuildngs;such:as libraries; -city halls, buildings<arid grounds; etc:): community`centers and school's, can definepublic space, ® The equitable distribution of new public facilities create .'community focah points, fo""ster neighborhood and services that increase and enhance community .. integrity, and generally help establish community idea- quality of life, given the fiscal and legal constraints tity The capital improvements and/or public .facilities that restrictthe siting, of these facilities. element should encourage public. structures and facili- ® General extent of the existing and proposed'service ties..tliat benefit(cornmuntyform The siting of beneficial capacity of infrastructure an:d public facilities. Public facilities is.discussed in Chapter 2. ' ® Plans,ofother entities°that provide public services or Consultation with th.e ci or coun departments p facilities, including service capacities. responsible�for c`apitalinprovementsrandpublic facili- ties,,.,( , public.works;; roads:; sohd'waste, etc.) is one ties: ® Schedule or timetable for improvements, expansion, keyto-realistic.planning .The clty.or county should -also and replacement of infrastructure and facilities. consult with other,-,serviceproiders,aiicli as school dis- ® Sources of funding; for improvements, expansion, tricts,. public water systems (required pursuant to retirement, and maintenance. §65352 5),, special- districts (e g , fire, drainage; sewer, ® Consultation/coordination with other service pro- flood control; etc ) adioiningKcihes and counties; the Ike- onal`Trans ortatonPlannm A enc and ublic utili- g? p , g} g Y9... p viders and public utilities. ties. Givenahe fiscal need for the efficient development .._ - and use of public. facilit es,the element may be a good Fleas for Dataand Analyses place to address.tl eissue of joint use .Additionally, the The following ext expands upon the general issues element, -should consider. the provisions of the city's. or, listed above. A city or county may, add or subtract items county's.present and.,future: capital improvemeirits pro- as relevant :to its situation and the format and content gram or. other. :programs for funding,ma`i' ain't -in and of its general plan. installing,spow& CAP italimprdvem6,rit Although_discussed: here:, fn the ;contekt of. a sepa- General distribution; location, and extent of elemeaeity or county need riot adopt a separate ratetnt., existing and:prbposed infi^astructure capital tinprovements/public.' facul ties ` el'ernent.,,In a ♦ Inventory existing°water distribution and treatment general plan that has. blended and consolidated .the f eilitie's (CI), wastewater collection and treatment mandato `elements,. ca ital m roJ rt' p' p vements/public fa- faclities'(L), streets and roads (LU) drainage fa- cilities migltbe addressed as `one component of a land cilties, public utilities (CI) and flood control 'struc- use, and, circulation section:• tures (L,l ®; S) General= Plan Guidelines 105 Chapter 6: Optional Elements—Capital Improvements/Public Facilities ♦ Analyze, in correlation with the land use element, pro- jected demand for infrastructure and facilities. (L) ♦ Inventory the condition of existing infrastructure and analyze the estimated need for maintenance and improvements to meet projected demand. General distribution, location, and extent of existing and proposed public facilities ♦ Inventory existing police and fire stations, parks, libraries, community centers, city and county gov- ernment buildings, schools, and other public build- ings and grounds. ♦ Identify areas underserved by public facilities that enhance community quality of life. ♦ Analyze, in correlation with the land use element, projected demand for public facilities. (L) ♦ Inventory the condition of existing facilities and analyze the estimated need for maintenance and im- provements to meet projected demand. ♦ Consider community design standards where ap- plicable. Plans of other entities that provide public services or facilities ♦ Collect and review capital improvements and other plans of cities and counties, public utilities, water suppliers, special districts (e.g., fire protection, flood protection, wastewater treatment, schools, etc.), local child care planning and development coun- cils, and other entities that may provide services. ♦ Identify opportunities for joint use projects (e.g., new schools and park facilities). ♦ Review the Regional Transportation Improvement Program. Schedule or timetable for improvements, expansion, and replacement of facilities ♦ Identify needs of existing facilities. ♦ Estimate demand for new facilities. ♦ Review capital improvements programs, including those of other affected agencies. Sources of funding for improvements, expansion, retirement, and maintenance ♦ Estimate costs of needed improvements, expansion, and maintenance. ♦ Identify viable sources of funding, correlated with the pace of improvements. 106 General Plan Guidelines Consultation/coordination with other service providers and public utilities ♦ Contact other service providers and public utilities regarding service capacities, planned expansions, financing, and other common interests. Ideas for Development Policies The following list of suggestions is intended to stimu- late ideas; it does not include all possible policies. ♦ Identify the locations of existing and proposed ma- jor roads and interchanges. (MAP) (CI) ♦ Identify the locations of existing and proposed ma- jor water transmission and sewer collection lines and treatment facilities. (MAP) (L) ♦ Identify the locations of existing and proposed po- lice and fire protection facilities and their service area boundaries. (MAP) (L) ♦ Identify the locations of existing and proposed com- munity facilities, such as libraries, community cen- ters, auditoriums, city hall, county courthouse, etc. (MAP) (L) ♦ Specify the location, acquisition, development, and management of public parks and recreational ar- eas, including level -of -service standards. (L) ♦ Identify the locations of schools and school facili- ties, coordinated with the plans of the local school district(s). (MAP) (L) ♦ Specify the relationship between the distribution of land uses and the local capital improvements pro- gram, including the timing and siting of capital improvements. (L) ♦ Specify level -of -service standards for specific types of infrastructure and facilities to guide the timing and siting of future capital improvements. ♦ Recognize and coordinate with the plans and pro- grams of other cities and counties, public utilities, public water systems (urban water management plan and capital improvements program or plan), special districts (including fire protection, flood pro- tection, and wastewater treatment, as relevant), and other entities that may provide services. ♦ Coordinate with the plans and programs of other public agencies that fund public improvements, such as the Regional Transportation Planning Agency (Regional Transportation Plan and Regional Trans- portation Improvement Program). ♦ Provide for the development, maintenance, and sit - Chapter 6: Optional Elements—Community Design community or the general plan vision of the future. Specific design policies should be developed with the input of both the public and business interests. Ideas For Data And Analysis The following list of ideas for data and analysis ex- pands upon the relevant issues to provide some broad topics for consideration. Topics may be added or re- moved depending upon relevance and consistency with the issues pertinent to the planning area. ♦ Transition Areas: Identify areas in transition. These may include commercial or industrial areas where use is declining or that have been abandoned. Con- sider implementing zoning and land use designa- tions to allow for adaptive reuse. Analyze the possible causes for the loss of vitality. ♦ Commercial and Industrial Sites: Analyze criteria for measuring compatibility between proposed de- velopment and existing land uses. Formulate flex- ible development standards that promote solutions to common problems (e.g., unused parking, parking as dominant feature, noise, incompatible uses, etc.). ♦ New Residential Development: Develop concepts for residential design and identify features of the undeveloped land that will provide continuity with and connections to existing neighborhoods and ar- eas of new development. ♦ Landmarks: Identify public places, buildings, and open spaces (including landmark trees) that distin- guish the planning area and give it a sense of place. Encourage the placement of art within areas used for public gatherings. Consider the use of area his- tory and cultural background as defining factors for public art and displays. ♦ Spatial Definition: Identify community features that define space (e.g., building mass, landscaping, streets, walls, etc.). Identify community spaces that are attractive (e.g., shopping districts, parks, land- scaping, etc.). Analyze how good features may be duplicated through design requirements. ♦ Continuity and Connection: Identify existing fea- tures (e.g., creeks, trails, bike paths, streets, etc.) that provide continuity and connection throughout the planning area. Identify neighborhood and com- munity attributes that can be strengthened to es- tablish connections to the entire planning area. ♦ Landscaping and Trees: Analyze street landscap- ing, trees, and the types of landscaping on private residential and commercial lots for visual relief and shade effectiveness. Landscaping and trees provide 108 General Plan Guidelines energy conservation benefits and add distinctive- ness, a sense of quality, spatial definition, and fo- cal breaks to otherwise monotonous streetscapes. ♦ Historic Preservation: Identify historic and archi- tecturally significant buildings and evaluate their condition. Inventory structures or landmarks that have been or should be designated as historic re- sources and establish policies for their preserva- tion, protection, and maintenance. ♦ Street Design: Analyze the relationships between existing streets and the areas and uses they serve. Streets are not important only for transportation; when thoughtfully designed, they establish bound- aries, provide focal relief, and contribute to the liv- ability and safety of the community. ♦ Public Art: Identify existing public art, its location, and the public's reaction to its ability to enhance the community. Classify types of art and the suit- able locations for its display. Public art may pro- vide a focal point or social aspect to parks, public facilities, and structures, thereby enhancing the aes- thetic environment. ♦ Signage: Inventory signs that are unique and re- flective of the community. Identify sizes, shapes, and designs that are considered to be character- istic of specific areas or commercial districts. For example, commercial strips may be characterized by neon signs whereas the downtown core may be dis- tinguished by natural colors and wooden signs. Ideas for Development Policies The following list of broad development policies is intended to provide general guidance in the develop- ment of more specific policies oriented to the particu- lar issues facing a local jurisdiction. Many of these policies should be correlated with the land use and cir- culation elements to ensure that decisions incorporate community design principals. ♦ Encourage the development of pedestrian -friendly neighborhoods and communities. ♦ Define the urban extent of the community. Iden- tify transitional spaces between the urban limits and the edge of the planning area. (L, O) ♦ Encourage community-based rehabilitation and neighborhood improvements, particularly in tran- sition areas. ♦ Promote neighborhood cohesiveness through neigh- borhood -based design guidelines that are consistent with existing or proposed architectural themes. Con- sider spatial definition, continuity, and building scale. outcroppings), into. their design; ® Require con=necti.ons, between neighborhoods"E°mployment Development: Areas of employment arks and o en. s ace” areas,;for bic `cle and o growths; shortages„ andrneeds. P P P Y .g=. ging paths. (I , CI); Business- Recruitment: L The types, number, and General, Plan Guidelines 109 Chapter.-. 6Optional Elements—Economic/Fiscal Development ® PursueJoan am. .& specific, to. the rehabil tatiow Incorporate flexibility in design and architectural of"existing= neighborhoods. - features into development standards. ®: Foster -new. development:that is:consistent withtthe ®' Encourage.and assist in the placement of overhead type; intensity; chAracter,; and: scale, of the area. ' utilities underground. ® Encourage.hrgher=density housing,near transit (I). ° Adopt a cellular tower ordinance that promotes ® Adopt hstoricpreservation<ordinances to preserve flexibility and' creative design for placement on , and. protect historic and cultural resources: existing public and private buildings and structures ® Adopt deueloprnent.guide 'inesfor centrahcommer.- (e&I light poles). cial and shopping areas that encourage;e.ompact (as:For references on this topic, see ;the Bibliography opposed: o atrp) form; pedestrian access, and in- 66. under Transportation and Circulation" ,and "Urban creased .pedestril n traffic. -.(L) Design." ® Design focal;points and architectural features into ; the,,.dbvelopmen- tbri-ehabilitationi of existingneigh- ECO OMICNISCAL DEVELOPMENT borhoods..= The structure of a city's or county's economy plays Establish sorting and- design. critexia. for public an,,important role in the physical development of:the bu ldin.gs and-.parks'to=.enhance ap.atial,definition, planning:area and he stabilty;of the local:.tax base. . create. focal points;. and provide=landscaping and The�purpose of:adopting an economic/fiscal develop-. trees. - ment element varies: by jurisdiction.. However,— most ® Design and: mstalh entry landscapes,° at the major are :based upon a desire to maintain- and :enhance the entrances to the. community amid. along.tiansporta- economic_character of the, community while providing tion routes:, for ae stable annual budget. An effective element will ® Encourage coop.erahue:, efforts.: to provide art in establish a consistent sef of.policies that provide gen public: buildiigs and .private businesses : perma= eral direction;to local government on how the comma- neatly or as,part of. a rotation. of works of art. pity can, focus resources o retain local business, attract new industries, support the tax base, and sustain the abil- ® Streamline permit processes forth_-, d. tion;of pub- ity toprovide;publicservices f6i current and future resi- hc,art and an, ar-ksEto ex sting locat ons:_Prov de. dents': incentives,for.devetop rnentwitb4prousions:'forathe Economic: development elements can function be- display of .artand favoralile structural design. yon d mexe.atatements of policy. Aneffective element ® .Amend or adopt a sign ordinance -that regulates size, may be used as tlie. basis for a more specific economic typemriatenalr height, location;; and`, lighting: con- development> strategy Consideration should be given & stent w th.tlie pope'les„andobj,ectives,.of tl e, eom- during ;the preparation ,of the element to the cumula= dve.effectiveness of the.integration of policies central mumty designelement. (L) - to 1and, use, -.circulation;:; and public facilities. ® ian°na aril rririefnirt; nata�xTa:rz etr xvfn.rae at the outcroppings), into. their design; ® Require con=necti.ons, between neighborhoods"E°mployment Development: Areas of employment arks and o en. s ace” areas,;for bic `cle and o growths; shortages„ andrneeds. P P P Y .g=. ging paths. (I , CI); Business- Recruitment: L The types, number, and General, Plan Guidelines 109 Chapter 6: Optional Elements—Economic/Fiscal Development success of existing and potential recruitment strategies. Identification of businesses that would be compatible with the objectives of the general plan and consistent with the carrying capacity of the land and infrastructure. ♦ Fiscal Stability: Existing and potential revenue re- sources, costs of services and facilities, and eco- nomic forecasts. ♦ Budgetary Structure: Existing outlays to depart- ments, services, and comparable revenue recoup- ment mechanisms and levels. Comparison of facilities and services versus efficiency of provid- ing the programs. Ideas for Data and Analysis Background analysis ♦ Historical Perspective on the Local Economy: Iden- tify the major developments and trends in the local economy over time to provide a basis for future growth projections. ♦ Current Economic Conditions: Identify economic trends by sector to identify strengths, weaknesses, and opportunities. Use this information to formu- late policies and objectives for the retention and attraction of business and employment. ♦ Projected Economic Conditions: Identify growing sectors of the economy to facilitate and plan for future development. Inventory weak sectors to plan for change or allocation of low-interest funding or One example of the development and implementation of an economic/fiscal development element is Marin County's Economic Element in its 1994 Countywide Plan. The intent of the element is to "promote a sustainable local economy which will benefit present and future generations without detrimentally affecting resources or biological systems and which will result in balanced communities where residents have opportunities to enjoy the components of a high quality of life: employment, housing which is affordable, transportation services, and physical development.." As part of plan implementation, the Board of Supervisors established the Marin Economic Commission which facilitates economic activities and provides a forum for cooperative economic development in the cities and the county. 110 General Plan Guidelines other assistance for viable enterprises. ♦ Employment Characteristics/Demographics: Ana- lyze existing and predicted employment charac- teristics and demographics. An economic development strategy must be based upon the in- ternal capacity of the population to provide labor in different stages and sectors of the economy. Land use ♦ Land Use Inventory and Analysis: Analyze the type, location, and intensity of land uses designated by the general plan and the ability to support existing and proposed uses consistent with the economic development strategy. ♦ Infrastructure Analysis: Analyze the capacity of ex- isting and planned infrastructure to accommodate growth, which will directly affect the viability of economic development. Determining the ability of existing systems to support current and future de- mands and planning for future increases in capac- ity and extensions must be based on accurate, up-to-date information. Financing ♦ Capital Improvements Financing: Analyze the vi- ability, estimated costs, and potential funding sources for each project prior to its submission for approval. Identify effective programs for the re- placement of structures and equipment. ♦ Fee Studies: Conduct comprehensive fee studies to identify the relative amount of recovery for the service provided as compared with other jurisdictions. Prepare long-term comprehensive fee structures and proposed changes, consistent with Proposition 218 of 1996. Fiscal analysis ♦ Fiscal Stability: Identify programs that will main- tain a diverse and stable revenue system. Evaluate the viability of revenue sources in order to identify those that enhance or limit tax burdens on residents and businesses. ♦ Historic and Projected General Fund Trends: Iden- tify past, current, and future general fund revenue sources to plan for effective asset management and revenue collection. Provide for the cost-effective sup- ply of services and recovery of costs. ♦ Balanced Budget: Identify current and prospective sources of revenue to establish funding programs in anticipation of future capital outlays. Identify the Chapter,6:Optional Elements—Economic/Fiscal Development steps:-necessary to, maintain ,a balanced budget o port�future demand, and ensure an adequate future ensure that future ob_hg'ations ean-be.niet byaddinfg: , supply. to reserves Evaluate service& to., identify,cost =cut=Encourage long-term partnerships between. local ting,measures„and.efficientdelivery'systems.gover,.nment, businesses;and business organza- tions, andahe educational, arts, and environmen- Economic development andt°irnple�mentation- tai communities. ® Economic Objectives Identify.objectives For: the, Enhance recrutrnent,and.retention factors that draw I ocal economy anddevelop econ'oni indicators ao, employers, such as ambiance:and educational, cul- measure;the success of the unplerneliting.programs tural, recreational, and environmental,resources: and policies. ®' Encourageihe development ofhousing of types and ® Economic Strategy. Identify ageneral strategy (pro- at price's that are consistent vwith` tl'e housing require- cess) for” ,.accomplishing economic objectives and s- ` mems of�workers in the community. s arious em- v local agency with the ability to procure funding_ and ploymentsectors.; implement the:strategy. D Busrness°Recruitment Identify areas that could:sup- ® Develop a business recruitment: program that in- mei ort a varie of industrial,. comcial' and. pro.- p t3' � .. eludes permit:assistance and other incentives. fessioiial businesses",(consistent with the land use ♦ Hire or retain an economic development coordinator. element) Xeeping n%mind the` desirability'of mixed-® For; older; established business areas; -hire an-eco- use districts, and also the :need -to keep certain >in- nom, ic.developmenteoordinator, provide support for diistrial; businesses. away.frorn other uses; such as. merchanforganizations, and promote business. dig- residences, schools, and.parks Identify.are-as,-,.within trict marketing "strategies: older;: estabhsled_busuiess districts that could sum:- lady support;n'ew businesses:, ® Apply for. inclusion in the California Main Street develop apublic/private strategy for Business, Retention: Identify strategies that include: =o: order downtowns through design; proyzsions for: adequate infrastructure; qualified'g economic restructurings organization; and promo- employees, fundmg,r..esources, and regulatory policytion: (Contact =the California Technology, Trade designed to foster.ther competitiveness of existing and Commerce Agency for more' information, .businesses:. ;., www: comrrierce. ca gov: Welfare`,-. Work Programs Develop< strategies to encourage the-busrness community to form partner Recover the._cost of new facilities and infrastruc- Ships with state.and> ocal: efforts for �ob;placement: tare necessary. for new development. opportunities.andtrainmg.forwelfare:=recipients: ® Apply for and`establ sh an Enterprise Zone. (Con- ® Influe'ncing Factors and Trends:.: California's{ tact the .California Technology, Trade and Commerce economy is, a period ofTtransit on;.which is rede- Agency foranore.;informat om:) finingthe role<oftle: workforce: The,change is be ® Maintain a stable revenue,base that is promoted by ins irrflienced bV an .evolution.-,,,n--.the. ere d', rh'rerc,ferl ennnnm"c ha�e< Chapter 6: Optional Elements—Energy ♦ Aggressively pursue grants from state and federal sources. ♦ Achieve sustainable economic development by lim- iting growth to that which is compatible with the carrying capacity of the environment and the ser- vice infrastructure. ♦ Identify and implement ways in which workforce preparation can be improved and create training programs for welfare recipients to meet employers' needs. For useful references on this topic, see the Bibliography under "Economic Development and Re- development." ENERGY Energy production and con- sumption are inextricably linked with the physical development of land. As the overarching policy document that guides the physical development of a city or county, there are important energy implications in the general plan. Choices about land use patterns and transportation systems greatly af- fect the need for and use of energy, which in turn affect the economy and the environment. For example, the density, mix, and spatial arrangement of land uses pre- scribed in a general plan result in either a large or a limited set of travel options and, therefore, commit the jurisdiction and each business and citizen to a level of gasoline consumption and tailpipe emissions. Setting policy with an awareness of the level of energy con- sumption it prescribes will help local governments see the interrelated benefits of conserved energy resources. These benefits include more dollars in the local economy, reduced air pollution, and enhanced economic viability for area businesses. Communities may address en- ergy production and consumption in the mandatory elements of the general plan or consolidate en- ergy policies in an optional en- ergy element. An energy element can help integrate the economic and environmental effects of en- ergy costs and benefits into a city's or county's long-term growth plan- ning. In this way, an energy ele- ment can be a useful component of a sustainable development strategy. Planning for the efficient use and generation of energy is a good strategy for simultaneously accomplishing other general plan "You know you are on the right track when your solution to one problem ... solves several others. You decide to minimize automobile use to conserve fossil fuels, for example, and realize that this will reduce noise, conserve land by minimizing streets and parking, multiply opportunities for social contact, beautify the neighborhood, and make it safer for children. " Michael Corbett, Developer Although many people use these terms interchangeably, it is useful to differentiate between energy efficiency and conservation. Energy efficiency means using less energy/electricity to perform the same function. Conservation connotes "doing without" in order to save energy rather than using less energy to do the same thing. For example, turning off lights, turning down the air conditioner, and making fewer vehicle trips are all conservation measures. Installing lighting that uses less electricity, installing additional insulation, and switching to a vehicle with better gas mileage are energy efficiency measures. 112 General Plan Guidelines goals, including: ♦ Affordable Housing: Lower heating, cooling, and transportation -related costs increase the eligibility for home financing. The housing element require- ments include "an analysis of opportunities for en- ergy conservation with respect to residential development" (§65583(a)(7)). ♦ Greater Mobility Options and Reduced Traffic Con- gestion: Energy-efficient travel options, such as walking, biking, and public transit, can reduce au- tomobile dependence. Improved land use patterns can reduce the number and length of automobile trips. Strategies to increase automobile occupancy can further reduce traffic congestion. ♦ Improved Air Quality and Reduced Greenhouse Gas Emissions: Fewer automobile trips and more effi- cient houses and businesses result in significantly fewer air pollutants and lower levels of greenhouse gas emissions. ♦ Reduced Cost to Provide Public Services: Policies that favor urban infill, redevelopment, and a better mix of uses in the urban core also reduce the length of water, sewer, natural gas, and electric lines needed to serve a community. Reduced length means a potential for significant savings in the con- struction, operation, and maintenance of lines, booster pumps, etc. Chapter 6: Optional. Elements—Energy ® OpenxSpace andAgrcultural-,LandPreservation The Circulation efficient development of compact regions -and cit -Transportation consumes 46- percent of all energy ies redu.ces,the: amount of energy needed to build in California (California Energy Demand 2000-2010; roads;. fuel polio.e�-ears; school buses; :,garbage California .Energy Commission, June 2000). This is a trucks,_ and other public e'hicles;.:and-pump .wa- function -of the number of vehicles, total vehicle miles, ter.:and<.sewage.:. traveled, and the fuel efficiency.ofvehicles. Local gov- Increased, Personal, ands Business Income: Energy ernments can :foster .energy efficiency, measures in all savinfransl`atejnto.more disposable income for three of these areas: I�eveloprnent patterns that :pro- individuals. and more working capital ,'for busi= mote the.'use; of. alternative transportation modes, in- nesses:, These dollars tend for recirculate rn the lo= cludin ranst use; can reduce thenumber of vehicles g: cal econ-orny, creating more'economicbenefit.than on the road Encouraging working from home and/or dollars used to.purchase energy. telecommuting:,is another way.to reduce the number of / vehicle;: trips made. Infill development; compact de- Job' Retention and,.Creaton: Re duced commercial velopmei.. and modified grid street patterns can re- and industrial energy costs and reinvestment of duce the -number of vehicl& miles traveled. Local savings can. me;an better, protection= of existing agencies can encourage fuel efficiency byusing alter- job's:andgreaterpotentialfornew job .Economic native fuel; vehicles in their own fleets and providing stabilityalsomakes a business more durable dur- alternative fueling facilities in new development. ing:per iodsof`energy supply disruptions and price changes. Subdivision design ® Economic Security andEnvironmental.Qual ty: Ad- The Subdivision Map Act requires the design of a vancedrplanning to;provideapace forpreferred en- subdivision to provide for future passive or natural ` ergy.generation opt ons;and::necessaryaransmission heating or cooling opportunities; (§66473.1). For infrastructure to meet industrial; ,conmercal,: and example, lotsize and orientation may .take advan- residential long-term. '.needs;is good for:business and tage of .solar exposure for heating or prevailing the;environment..Prevlanned::energysupplywillen- breezes forcooling. In addition, the approving agency hance�, e :reliability of :the, energy supply system may require solareasemeii.ts as a condition of approval and h"elp'cut:construction:and operation.costs. En= (§55475.3). Properly placed shade.trees and other veg- vironmentallypreferred echnologies.;can be inte- etation ;is"on'e of the most cost-effective and quality- grated= snore easily if. the; general plan. provides a enhancing :urban design options for reducing ambient ree;om. m, d portfolio- of preferredksystems: air temperature, air.conditioning loads, and energy consumption. Relevant Issues; Land'use Energy facility siting policies Inefficient-. land, use patterns<lead.to inefficient>en- Some local authority for siting energy facilities is ergy use. Leapfrog development, and large blocks of - low-density, development. increase both transportation. costs: (by increasing.vehr`cle:mles.tsavel°ed) andalie,--600_,e ; . to bring electric; and natural gas: train miss on;facilities to the new development: Privatertuthty"companies to= t { day are less willing to absorb all: of the costs. associ= The California Energy Commission has the ated with serving new development ,Compact ands statutory authority to site and ;license thermal mixed-use,development-,,c,aliTedtice.Qli,6i,gklli,i,sage associ-" ; power plants that are rated at 50 megawatts and atedw thtraV.el:andextendiingtransm ssionfacihhes Cl = larger and related transmission lines,fuel supply mate=sensitive development.patternsthat stake advantage r line's, andother facilities. For more information of natural;landscapes; and landscaping techniques can. about'the Commi"ssion's Energy' Facility Siting reduce energy costs- associate:d with heating, .cooling;, proce`d'u'res,"please contact the California Energy and the°transmissibn.of:water; sewer, and=storrnwater; Commission, Energy Facility Licensing Office Wideunshaded'streets~and`large paued.areas.:.,without Manager; I S 16 plinth Street, I`15-15, Sacramento, adequate landscapii ' add -to cooling demands`(a ma- C,�,95'8 [4',`:,(9l6),654-5100. . m heatisland.jor source ofcuesgy usage )b . creat" g Chapter 6: Optional Elements—Energy preempted by the State of California. However, the state will consider locally adopted policy when making en- ergy facility siting decisions. Also, many energy facili- ties fall outside of state siting authority. Distributed generation Distributed generation (DG) refers to small-scale power generation technologies (typically in the range of 3 to 10,000 kilowatts) located close to Small Wind', where electricity is used (e.g., a home or business). DG provides an alternative to or an enhancement of the traditional electric power sys- tem. DG may include diesel en- gines, fuel cells, small and micro gas turbines, solar photovoltaic (PV), micro -hydro turbines, and wind turbines. Such technologies may also be combined with elec- tric storage technologies (i.e., bat- teries). Applications include emergency and stand-by power; co- generation and renewable energy systems to supplement utility supplies and sell excess power to the transmission grid; power to serve off -grid electric loads; uninterruptible power supplies for sen- sitive electronic equipment; peaking power to main- tain the transmission grid during times of high demand; and facilities that allow customers to respond to price signals by switching to on-site power sources. DG facilities are subject to the normal local build- ing, zoning, and air district requirements. Local juris- dictions can promote energy independence by specifying suitable location and design standards for various DG technologies. These policies and standards should be carried through local zoning and building standards. Some communities have presented a portfo- lio of acceptable energy technologies selected to contrib- ute to air quality and economic development goals expressed in other parts of the general plan. lars and reducing air pollution from mobile sources. Geothermal energy Counties that adopt an optional geothermal element can exert local control over some aspects of geothermal energy exploration, recovery, and power production. Absent this delegation of authority to the county, the Department of Conservation's Division of Oil, Gas, and Geothermal Resources regulates geothermal well drilling, while the California Energy Commission licenses geothermal power plants of 50 megawatts (MW) or greater. Geothermal element guidelines appear later in this chapter. Government Code §65892.13 creates uniform standards for the approval of small wind energy systems by cities and counties. Cities and counties that do not adopt a small wind energy ordinance must use the state statute for approval of small wind energy systems and the conditions that may be placed on them. Public facilities and fleets The cost and reliability of energy systems in public facilities are a concern for local governments. Energy conservation, efficiency, and generation options should be considered when building, acquiring, or retrofitting public facilities. The location of public facilities can affect transportation costs for both employees and users of the facility. Alternative fuel vehicle fleets are in opera- tion in many local governments in California, saving dol- 114 General Plan Guidelines Building standards Title 24 of the California Code of Regulations incorporates energy efficiency standards into the uniform building code. However, communities can plan for greater energy efficiency in public and private construction than is minimally required by Title 24. A more comprehensive approach to energy conservation in building construction is known as "green building." Green building techniques integrate energy efficiency and sustainable building practices into the design and construction phases. There are several private and governmental rating systems for green buildings, such as the voluntary LEED (Leadership in Energy and Environmental Design) standard developed by the U.S. Green Building Council. Water and wastewater Energy represents the largest controllable cost of providing water and wastewater services to the public. California water and wastewater agencies spend more than $500 million each year on energy costs. Environmental justice Environmental justice concerns should be considered when siting new energy production facilities. Siting policies should seek to avoid overconcentration in proximity to residential dwellings and schools (see Chapter 2). Communities should also take advantage of opportunities to address environmental justice issues, such as through the encouragement of clean DG facilities to lessen the need for conventional power plants. Chapter 6: Optional Elements—Energy Ideas -",1®r, Data- and Analysis have significant .energy resources, while others may Before establishing;g."eneral;plan:policies for -,.energy be:primarily, energy importers. Some communities may production; and.. e.orrsumpti:on, it is. iiiiportant to focus their, efforts in areas, of conservation and understandall of, the factors that influence a .local efficiency,,.while other,smay,act, as energy providers: government.'s:energy relatedactivities Energy.rel ability,- The followin&.provides examples': of policies that a produc",tion, consumption:andv- conseryaton::.are among jurisdiction may wish to include 'iii an optional energy thesa.-.factors. The,° data. and arialysis ;o0ired to -",prepare: element: an,.energyfelemetitz.may>irielude the followu g: ; + Policies, objectives, and standards.for energy An,,analysis;= of historic, and projected 'energy efficiency in new subdivision design; (I,) demands:forresdential;commercial; industrial;. Policies, objectives, and standards for infill agricultural; ;and otfieraand:.uses development; compact 'development, transit- An analysis of Historic. and projected numbers of oriented development, and mixed-use vehicles andrvehicle milestraveled(VW.T). (CI) development. (L) ® An: analysis.: of energy suppay, including local . Policies, objectives, and . standards for `energy roduction thermal ower Pants h; droelectrie, , efficiency in residential, commercial industrial, distrib..uted generation,. etc) anal imports.." and public buildings. An, inventory. of existing. and. potential: energy- Policies, objectives, _and standards °for energy producing resources - m.cludin , g„wind; solar efficiency in` water'and-wastewater facilities. _ hydroelectric,.geotherrnal, :and.biomass:.(CO) ® Policies,. objectives; and standards for the An inventor of .'ever c;ons.ervation ® y gy development' of new distributed generation. apportunitie`s,, in c'audirng;.transportation,: urban + Policies on the siting of new., energy production design; an iresi , en, a, commercial; andindustr al and transmission facilities. (0, L, N") conservation, programs:. ®.Policies for development of -'areas available for Ah inventory of:,.existin.g energy transmission the production of renewable energy, such as wind, Sy", stems (.CI) large solar PST, or geothermal. (L, CO) Ther, identification of the need: for; future Policies to reduce vehicle miles traveled; transmission lines:and=preferred routes .(-1) including transit=supportive policies and ® y o,f= coirimunity facilities,. with An, inventor , development ofbicyele andpedestrianfacilities. (CI) dstributedu generation. and,.$.&k.up< capacity for Standards for bicycle and pedestrian facilities. disaster preparedness:: (CI) Standards for the development of new streets, -Ideas >for 'Policy: evelop ent. including width,: landscaping, and grid or A good energy element should--define-the, city's or, modified grid'pattern: (CI) county's rok_fir energy Iproduction;. distributi`on,. and° Policies and objectives related to alternative fuels -- consu-mp,tiotn. This: role-, will 'va=ry~ with. local for_public vehicle: fleets: circumstances. For exampl'e;; some, comm -unities. may Tec"kkzl-Assistance and Resources The:;California Energy -Commission has a variety of informatipii and resource available on its website; www:en ergyca.gov, including: The Solar, Rights Act; of 1.978' authorizes. cities ; '; The'Energy Yardstick: Using PLACE to Create .. and cou;nties to :requires 7solar'eas.ernents'-as a More Sustaanab.le Coinmunaties condition of sUbdIUlSlon approdal=to assure each The'Ei2`e�gy Airoa�e Planning Guide_ r�a;rceLor i�ni`the richt tox receive: sunlight across '" z. Chapter 6: Optional Elements—Flood Management ♦ Smart Communities Network, U.S. Department of Energy, www.sustainable.doe.gov Information on energy-efficient school facilities is available from the following sources: ♦ Division of the State Architect, www.sustainableschools.dgs.ca.gov/ sustainableschools ♦ Collaborative for High Performance Schools, www.chps.net For other useful resources on this topic, see the Bib- liography under "Energy." FLOOD MANAGEMENT Flooding is a natural function of every river, allu- vial fan, and coastal area. In riverine systems, flood- waters enrich bottomlands and provide spawning habitats for native fish. There are ecological benefits to maintain- ing connections between the river and its floodplain. Land use decisions directly influence the function of floodplains and may either reduce or increase po- tential flood hazards. The functions of floodplains in- clude, but are not limited to, water supply, water quality, flood and erosion control, and fish and wildlife habi- tat. Development within floodplains may not only ex- pose people and property to floods, but also increase the potential for flooding elsewhere and negatively impact floodplain ecosystems. Land use regulations, such as zoning and subdivision ordinances, are the pri- mary means of implementing general plan policies es- tablished to minimize flood hazards. In addition to including floodplain management policies in the gen- eral plan, making related changes to zoning and subdi- vision ordinances is crucial to the success of a floodplain management program. The following flood management element guidelines will discuss flood management at both the individual community level and the regional level. They are equally useful in situations where a city or county has unilaterally included flood management in its general plan and where an individual jurisdiction's flood man- agement element is part of a larger regional strategy to be implemented by more than one agency. Key Terms Flood management is defined as the overarching term that encompasses both floodwater management and floodplain management. 1 16 General Plan Guidelines Floodwater Management Floodwater management includes actions to modify the natural flow of floodwaters to reduce losses to hu- man resources and/or to protect benefits to natural re- sources associated with flooding. Examples of floodwater management actions include containing flows in reservoirs, dams, and natural basins; convey- ing flows via levees, channels, and natural corridors; managing flows through reservoir reoperation; and managing watersheds by decreasing rainfall runoff and providing headwater stream protection. Floodplain Management Floodplain management includes actions to the floodplain to reduce losses to human resources within the floodplain and/or to protect benefits to natural re- sources associated with flooding. Examples of flood- plain management actions include minimizing impacts of flows (e.g., flood -proofing, insurance); maintaining or restoring natural floodplain processes (e.g., riparian restoration, meander corridors, etc.); removing ob- stacles within the floodplain voluntarily or with just com- pensation (e.g., relocating at -risk structures); keeping obstacles out of the floodplain (through subdivision and zoning decisions); education and emergency prepared- ness planning (e.g., emergency response plans, data col- lection, outreach, insurance requirements, etc.); and ensuring that operations of floodwater management sys- tems are not compromised by activities in the floodplain. Floodplain management measures interrelate and occasionally overlap with floodwater management measures to reduce losses within the floodplain. Ex- amples of such measures include emergency response activities; realigning levees; reconnecting historical floodplains; and reoperation of reservoirs. Multi -Hazard Mitigation Approach Federal law directs states to develop a multi -hazard mitigation program (administered in California by the Office of Emergency Services) to implement effective hazard mitigation measures that reduce the potential damage from natural disasters to reduce the loss of life and property, human suffering, economic disruption, and disaster assistance costs resulting from natural disas- ters. While the state directs local governments through existing law to deal with fire and earthquakes in their local planning, the state does not play a major role with land use issues associated with flooding. The general plan law calls for the consideration of flood hazards, flooding, and floodplains in the land use, open -space, conserva- 1 1' 7 Chapter 6: Optional Elements—Flood Management Flood Insurance The most common means of planning to avoid or at least mitigate flood damage is participation in the Na- tional Flood Insurance Program (NFIP). The Federal Emergency Management Agency (FEMA) administers the program, which makes flood insurance available to those communities that have enacted local ordi- nances restricting development within the 100 -year floodplain. The local floodplain ordinances must meet or exceed FEMA's regulations. As part ofNFIP, FEMA prepares a Flood Insurance Rate Map (FIRM) delin- eating the theoretical boundaries of the 100 -year flood- plain (i.e., the area within which the statistical frequency of flooding is believed to be 1 in 100 in any given year). These maps form the basis for regulating floodplain development and the rating of flood insurance policies. The responsibilities of cities and counties participat- ing in NFIP include requiring that all new construction have its lowest floor elevated to or above the "base flood elevation" (this is calculated in conjunction with the 100 -year floodplain delineation) and keeping records of development occurring within the designated flood- plain. Under federal law, flood insurance must be pur- chased when obtaining a federally backed loan for a home within the FIRM 100 -year floodplain. The avail- ability of other federal funds also may be affected by participation in NFIP. The city or county must submit a biennial report to FEMA describing any changes in the community's flood hazard area, development activities that have taken place within the floodplain, and the number of floodplain residents and structures. As of April 1998, all but 20 of the cities and one of the coun- ties in California participate in NFIP. Participating in NFIP is no guarantee that a commu- nity will escape flood damage or that floods will not occur outside the boundaries of mapped floodplains. The program has a number of recognized shortcom- ings. For example, FEMA maps tend to underestimate the extent of the floodplain. Existing FIRM maps do not take into account the effects of future development when estimating flood potential and they are not up- dated frequently enough to reflect changes in the wa- tershed or the floodplain with or without future conditions. New FEMA regulations allow FIRM maps to provide for consideration of future conditions, in- cluding build -out and changes to weather patterns as- sociated with climate changes for either upstream or downstream areas that may affect local flood levels. If these maps are to be used as a planning tool, they should be updated using locally collected data to identify ex- isting and future flood levels. The Department of Water Resources (DWR) is currently working in cooperation 118 General Plan Guidelines with FEMA to update many of these maps. Residents and decision -makers are not always aware of the actual level of flood risk. The 100 -year floodplain is a theoretical construct. In many cases there is simply insufficient historical flood data to accurately judge flood frequency. In addition, the 100 -year floodplain des- ignation is commonly misunderstood by the public. It is simply a frequency and intensity probability, meaning that in reality, severe flooding may occur even more than once in any year and in any number of years over a 100 -year span. NFIP is a program to enable communities to seek flood insurance and, along with its related mapping, should be viewed as the foundation on which to build comprehensive flood management policies. The general plan may augment this program by providing long-range guidance to avoid and reduce flood hazards. Flood Management on a Regional Basis Rivers, creeks, and other potential sources of flood- ing often cross jurisdictional boundaries. Thus, a re- gional watershed -based approach may be the most effective means of flood management. The broader scope offers the advantage of involving local govern- ments, other public agencies, interest groups, landown- ers, and the general public throughout the watershed in a comprehensive, multi jurisdictional program for re- ducing flood risk and potential damages and restoring and enhancing floodplain functions. The larger area may offer a wider range of potential projects and policy and regulatory options than would be available in a single jurisdiction. However, regional flood manage- ment is also more politically and logistically diffi- cult than management undertaken within a single jurisdiction. As a component of watershed management, flood management can reduce downstream flood stages and flood damages with benefits for water quality and supply and for ecosystems. The watershed -based approach maintains the floodplain functions of sedi- mentation, deposition, water filtering, and floodwater absorption. For additional discussion on watershed planning, refer to the optional water element later in this chapter. Because the dynamics of regional flood management are very situation -specific, the following discussion of regional approaches is limited to generalities. For ad- ditional advice, refer to the technical and funding re- sources listed at the end of this section or refer to the Bibliography under "Flood Management." Successfully developing a regional flood manage- ment plan that includes floodplain strategies depends on several basic prerequisites. There must be: Chapter 6: Optional Elements—Flood Management land uses. ♦ Multi -objective floodplain management planning with regional share housing needs; existing land uses; conservation of agricultural land, parks, and open space; habitat restoration; and flood manage- ment mitigation measures. ♦ Funding of management activities. Ideas For Data and Analysis In the process of preparing a flood management ele- ment, the city or county will have to collect a substan- tial amount of information concerning its floodplains and its watershed. There are a variety of sources for this information. FEMA maps are available for most communities. The U.S. Army Corps of Engineers will do floodplain delineation on a cost-sharing basis and has information on floodplains and project levees. DWR also has floodplain information and a floodplain man- agement program, as does the State Reclamation Board in the Central Valley. OES and DWR have information on past flooding and flood levels based on awareness mapping. Local levee districts and resource conservation districts may also have information to share. The following are ideas for data and analysis to sup- port the development of objectives, policies, and imple- mentation measures. ♦ Comprehensively define the floodplain (FEMA vs. Army Corps of Engineers vs. State Reclamation Board vs. local agency definition). ♦ Determine the extent and depth of historic flood- ing. (MAP) ♦ Gather historical flooding data. ➢ Frequency. ➢ Intensity. ➢ Duration. ➢ Paleoflood. ➢ Hydrologic modeling using transposition or meteorologic models. ♦ Gather alluvial fan floodplain data. ➢ Reasonably foreseeable flood apex flow paths. ➢ Flood flow path depths and velocities. ➢ Debris and scour. ♦ Inventory land and land uses within the floodplain(s) ➢ Open space. ➢ Habitat. ➢ Agriculture. ➢ Flood control. ➢ Developed (e.g., residential, commercial, in- dustrial, etc.). 120 General Plan Guidelines ♦ Identify existing and future problems and opportu- nitie s. ➢ Development within hazard areas. ➢ Undeveloped land suitable for bypass con- struction. ➢ Loss of productive farmland and opportuni- ties for conjunctive farming and floodplain management activities. ➢ Community apathy or support. ➢ Funding shortfalls. ♦ Inventory flood control structures and areas man- aged for flood control and their controlling agencies. ➢ Levees. ➢ Flood walls. ➢ Bypasses. ➢ Dams and reservoirs. ♦ Inventory pertinent regulations of federal, state, and local agencies. ➢ Regulatory authority. ➢ Existing land use and zoning restrictions. ♦ Inventory ongoing floodplain or watershed man- agement and planning activities. ➢ Local/regional, including those of non-gov- ernmental organizations. ➢ State. ➢ Federal. ♦ Inventory past and planned management activities. ➢ Local agencies. ➢ Reclamation districts. ➢ State and federal agencies. ♦ Identify sources of funding for planning efforts and for potential implementation activities. ♦ Benefit/cost analysis of alternative floodplain man- agement strategies. Ideas for Development Policies A flood management element should conform to the pertinent policies, objectives, plans, and proposals cen- tral to the land use, conservation, open -space, and safety elements. Policies should recognize existing floodplain management programs and existing regulations. As al- ways, policies must conform to constitutional prohibi- tions on "regulatory takings." Further, the policies selected should be physically and economically fea- sible to implement. The following are ideas for the general types of poli- cies that may be incorporated into the flood manage- ment element: ♦ Specify allowable uses within the floodway fringe and floodplains. Chapter 6: Optional Elements—Flood Management ® Specify lifi,m .;on,and con'structron£:standards for. de- Adoptflood hazard zoning: velopment and encro;achrnent within floodplains ® Enact floodplain management standards as part of and floo:dway. jhge_(e..g.,,aand:use-density and in- any development ordinance, such as zoning or sub- tensity;: elevations;: location,- etc.)., ineludirig areas division ordinances. of shallow flooding.,: + Consider improved ,-building standards to exceed ® Estabhshpohc e$, ribs proposals, andstandards:for minimum federal flood insurance requirements. , dealing with constraints and mmimizmg:land use and floodplain: conflict. Adopt transfer of development rights programs. Retaro-and preserve flo.odplains for open.,space and Adopt other land use development regulations. recreation. ♦ Reconnect the river and its floodplainthrough pub-, ® Encourage-:compatible, agricultural.uses and prac-- lic land: acquisition and structural modification of tices.with habitat�banking where compatible with existing flood control devices: fioodplains:: ® Include non-structural floodplain management.ap-, ® 1VI%tigate for,, impacts,., such as.; lo.ss. of agricultural proach6s to help` conserve beneficial uses and func-' land.or-changes=in floo& characteristic s:. tions of the floodplain. ® Cooperate.withthe programs of otheragencies and ® 'Identifythe capacity- of the floodplain to recharge non-governmental organizations; where applicable. groundwater, ® Establish-, consultation procedures., ;with other of-- ♦ Develop a program for preventative maintenance fected`agencies and' jurisdictions: of active"floodplains, control structures; riverbanks, ' I'dentifycater-iazfor public,'ag.pricy acquisition of de= and channels. velopment rights4in. flood=prone areas , + Identify and utilize floodplain inanagement;grants E`ricourage cooperation-wth<<non governmental or.- and assistance to develop and implement floodplain ganizations to= acquire:d-evelopment.riglits; management plans ;and programs. Establish polis es;.guidelines ,standards., and'bu ld- 13evelop public outreach programs and information. frig criteria to'ensure;tliatnew development.will not Incorporate watershed and floodplain mapping, be damaged�liy special risks=associated with alio= from= several .sources if available, into the city or vial'_floods:. county geographic information system (GIs). Encourage. multi �urisdlctional°fl ood<<managernent- Regularly review floodplain maps and update when cooperation.when-watersheds.;cross juris.d ctiona. new information becomes: available: boundaries::, Participate in and provide assistance to stream ® Develop flood hazard mitigation measures within; gauges as appropriate;' identified, reasonable foreseeabae flood, Hazard ar= Develop. reasonably foreseeable alluvial fan flood- eas;,.where,approprate:: P lain maps.- Encourage coordin'ation:. between flood manage- Ideritifyrepetitive losses, if any (in,cooperation with ment and multi=hazard; management: planning; and= O,ES; and DWR). ^. mitigation: Prepare- and update emergency preparedness plans. ® Retain-and.preserve,connectivity b'etweeri r vemor streams and:"their floo,dplains to.preserve.floodplain. D'irect.local emergency services offices to develop function-and.natural,processes.- andunplement flood warning systems. Establish resources and provide :funding for public Ideas,. forIple;menatl®n acquisition of private lands and structures within hocal agrencies, should= select. the combYnationo:f'e,:floodplain and subject to flood hazards. implementation. measures and strategies;that :t: d. In a planning mechanism and institutional dress the unique characteristics ofthe specific coinmu= framework to coordinate flood management pro- pity and establish an effective. long term: approach- to grams :with opportunities- for agricultural conser- floodplainmanagernent The following ex'arnples illus= vat ori; ecosystem protection and restoration. and tratethe kinds.of'actionloeal°governments niay take: envlronmental'management activities with "local; to implement tile; floodplain management element ,,, stage, federal agencies, and otherstakeholders. General Plan Guidelines 121 Chapter 6: Optional Elements—Flood Management ♦ Promote a multi -objective management approach Element, Individual and Family Grant Program, Disas- in flood management projects. ter Housing Assistance Program ♦ Initiate actions to avoid inadequate or unclear re- sponsibilities among agencies. ♦ Enter into cooperative agreements (e.g., joint pow- ers authority, memorandum of understanding, etc.) with other entities specifying relative roles. ♦ Facilitate the coordination of responsibilities and activities among agencies and the public for flood- plain management. ♦ Develop aquatic and terrestrial habitat restoration plans consistent with floodplain and river channel use guidelines. ♦ Develop information and coordination plans with other agencies to educate the public and all planning agencies about floodplain management objectives. ♦ Refer to FEMA DMA 2000 Multi -Hazard Mitiga- tion Plan Criteria. ♦ Develop awareness mapping. Technical and Funding Assistance The following governmental and nongovernmental organizations may provide technical and funding assis- tance in preparing and adopting a flood management element or incorporating its objectives, plans, policies, and implementation measures into other elements of the general plan. Floodplain Management Association 4145 Maybell Way Palo Alto, CA 94306 http://floodplain.org United States Army Corps of Engineers Floodplain Management Services South Pacific Division 630 Sansome Street, Room 720 San Francisco, CA 94111 (415) 556-0914 www.usace.army.mil/inet/functions/cw/cwfpms Federal Emergency Management Agency 1111 Broadway, Suite 1200 Oakland, CA 94607 (510) 627-7100 www.fema.gov Funding mechanisms: Hazard Mitigation Grant Pro- gram, Public Assistance Section 406, National Flood Insurance Program, Performance Partnership Program, Community Assistance Program -State Support Services 122 General Plan Guidelines Governor's Office of Emergency Services Planning and Technological Assistance Branch P.O. Box 419047 Rancho Cordova, CA 95741-9047 (916) 464-3200 or Disaster Assistance Programs Branch Hazard Mitigation Section P.O. Box 419023 Rancho Cordova, CA 95741-9023 www.oes.ca.gov Funding mechanism: Hazard Mitigation Grant Program California Department of Water Resources Floodplain Management Branch P.O. Box 942836 Sacramento, CA 94236-0001 (916) 653-9902 www.water.ca.gov United States Environmental Protection Agency 75 Hawthorne Street San Francisco, CA 94105 www.epa.gov Funding mechanisms: Clean WaterAct: 104(b)(3) State Wetland Protection Development Grant; 104(b)(3) NPDES demonstration projects United States Department of Agriculture Natural Resource Conservation Service 2121-C 2nd Street, Suite 102 Davis, CA 95616 www.nres.usda.gov For more information on this topic, refer to the Bib- liography under "Flood Management." GEOTHERMAL The Public Resources Code offers counties (but not cities) the opportunity to exert local control over some aspects of geothermal energy exploration, recovery, and power production. Counties that have adopted geother- mal elements may be delegated lead agency responsi- bilities (defined in the California Environmental Quality Act) for exploratory geothermal well projects and pri- mary permitting powers for large geothermal plants (Public Resources Code §3715.5 and §25540.5). Ab- sent such delegation, these duties are otherwise admin- istered by the Department of Conservation's Division of Oil, Gas, and Geothermal Resources and the Cali - Chapter 6.0`ptional ,Elements Geothermal Useful De bi i®,nsa Geothermal" El' ment° Deve:Fopm:e.nt Weld. - ".... a we_.II, other than an- charact'erisxics of geothermal:' resources prior to explor..atorywell,drill`ed,forthe;parpose:of.producing, commen.cement,'.of a,.geoth.ermal field,project as, either hightemperat,ure, o:r ow -temperature. defined::-rn §65920:5;;:of theGovernment Code: Wells `- geothermal fluids mcornmercial quantities" (,Title 14,. inicludedf.w.ithin a: geothermal exploratory project California"State Code of.Regulatons,§1920.I'(c)),. `' musAt be lo.cate.d` atFeast,:.one, half ;mile from EquNalent Ce'rtafl'cao""®n. Pr®grans " :,a programs as geothermal development:wells"-Which,;are capable;of further.definedm§25'54.0.5adrninisteredbya::county' p`roducng;geoth.ermal resources;.in commercial and:approved bythe_[:California�.Ener-gycommission, quantities" (Public:Res.ources Gode §21065`,5) which may suG titute for the. sitd. and related�facility Geothermal Fleld; Devel®pr�ent' project:"...a certification procedures established= pui-suantto this development p.rojpct-...cqmp.pse, f geothermal:vvells, divisron:" (Pull is Resour.:ces Code425-1.15)_: resource transportation lines; produet:on.equipriment, Exploratory Geothermal:Wella " ..a well;:other than roads, ;and: other „facilities which - are necessary to a dedel"`opment-well .;dulled to, discover or evaluate supply; geothe' i alp energy to: any„ particular heat the pres'enceof either. low or°.high-ternP:erature:: utilizationrequipmentfor'its,pro'ductivelife,allvvithin geothermal fluids, intludingsteam,<where the ;.surface an area, "delineated -',by the applicant:' (Government location: of the well is at least .>�km;'or.one-half"mile: Code ;§6592>35) from the surfaeellocation:.of an-existing,well:capable=, Ge®thermal—esoUrceso "...the natural heat of the of `p:roducing geothermal fluff"ds i;n. corn me,rcial: earth;:the ene`r-gy in whatever form':below the surface quantities:' (Title= I Qdilf ia,,Code of Regulations; of they:earth,present i"n, resulting from, created by, or from which may be: extracted natural heat, and all Ge®.the mal Eh Ment "`G:eothermal',eNament'�means;- mineral's m'solution� or other products in whatever an element :of a, county general plan co'nssting of`a: form o6tained,-from' naturally heated ;fluids;, brines, state -of:;=geotherm, al development, policies, associate.gases and steam;excluding oil;hydrocarbon including -a diagram or diagrams. and text setting forth gas or --:°,flier hydrocarbon substan`ces:' (Title <I 4, objectives, principles _standards„and plan prop-,osals; California Code of Regulations; '§ 19.20(e)) including a discussion of:enuironrnental:damages:and: Thermal power, Plant: ";any stationary<or floating. identification of 's,ensiti.ue enviroam:ental: areas' electrical ge`ne.rating fac lity using .any source of mcludinguniquewffldlife habitat, scenic,.residential;.an.d . flier. mal . en.ei-gyt:with: a=generating capaeity, of 50 recreational :areas;sau opted pursuant to §653Q.3? of megavuatts . or more, and-! any facilities appurtenant the, Government Code" (Public. Resource Co,,d'e thereto:° Exp lo.ratory,,developmentand production §, )- wells,;,resour ce.transmission:.lines,and other related GeothermalExp,l®rat®ry. pro.jecto` ":...a. fa"cilities usedconnecti'on with a geothermal field project... composed= of-.n:ot more;; than; six -wells- and:' d;evelopment1`project, are not appurtenant facilities associated,drilling and testing equpment;.whose chief. for th.e: purp,os.es. of`this' dive"sign:' (Public Resources and orig n'al'purpos.e i' to�evaluatethe presence: and' Code. §25-I°20) Chapter 6: Optional Elements—Geothermal its objectives, policies, plan proposals, and implemen- tation measures must be consistent with the entire gen- eral plan (§65300.5). A geothermal element addresses land use, circulation, open -space, safety, housing, noise, and conservation issues. Consequently, its provisions affect each of the seven mandatory general plan elements. It may be necessary for a county to amend its mandatory elements (and any affected optional ones) concurrent with adoption of the geothermal element in order to maintain the internal consistency of its general plan. When making subsequent amendments to the geo- thermal element, take care to ensure that the amend- ments do not conflict with the general plan as a whole or with any other individual element. In cases where a proposed amendment to the geothermal element would conflict with the general plan, the county must either deny the proposed amendment or make related changes to the general plan. Methodology The process of adopting a geothermal element is the same as that for any other element of the general plan; counties must follow the procedures established by §65350 through §65400. The county must hold ub- lic hearings and provide opportunities for involve- ment by community groups, residents, public agencies, and utilities. The board of supervisors may appoint a planning advisory committee or other simi- lar body in order to assist in the preparation of the element if it so desires. Not all counties have reached the same stage in de- veloping their geothermal energy resources. Conse- quently, the contents of the geothermal element will vary from county to county. In any case, preparation of the local geothermal energy element should follow the basic methodology established in Chapter 3, with a few additional considerations. When formulating objectives, for example, the county must recognize the alternative energy goals of the state as expressed in Public Resources Code §25008. During data gath- ering, it should contact the California Geological Survey and the Division of Oil, Gas and Geother- mal Resources, both within the Department of Con- servation, and the CEC for information on geothermal energy resources in the area. The element should enable the county to assume permit responsi- bilities, including adoption of any necessary ordinances. Furthermore, the element must discuss "environmen- tal damages and identification of sensitive environmen- tal areas, including unique wildlife habitat, scenic, residential, and recreational areas" (Public Resources Code §25133). 124 General Plan Guidelines A county with existing geothermal exploration and development activities should be able to discuss is- sues in depth, presenting a detailed program for pro- cessing proposals. Counties without such background will be expected to proceed in a more anticipatory and prospective manner. In either case, the geothermal el- ement must include policies that are consistent with the adopted policies of CEC "with respect to the de- velopment of geothermal resources for the generation of electrical energy" (Title 20, California Code of Regu- lations, § 1860(b)). The element must also provide for the following: ♦ Certification of geothermal areas as potential mul- tiple facility sites, if so applied for. ♦ Processing of and decision on geothermal power plant applications within twelve months of the fil- ing date. ♦ Periodic review and updating as may be required by law and CEC. ♦ Opportunity for input and review of proposed projects by the public and interested public agencies. ♦ Distribution of all applications to the CEC and re- sponsible federal, state, and local agencies and pro- visions for the receipt of and response to the comments and recommendations of each agency. ♦ Public hearings and notice as required for general plan amendments. Hearings must include provi- sions for adjudication of disputed issues of fact through testimony taken under oath and refutation by cross-examination. ♦ Formal intervention by any person with a legally recognizable interest in the outcome of the pro- ceedings. ♦ Distribution of a written decision on each power plant application. The decision shall contain each of the findings and conclusions required by § 1752 through §1753 of Title 20 of the California Code of Regulations and shall be based upon the formal record of the proceedings. ♦ Appeal procedures, including appeals to CEC on substantive issues (Public Resources Code §25540.5 and Title 20, California Code of Regula- tions, §1863). In addition, the element should: ♦ Identify areas of potential geothermal resources. ♦ Identify other land uses, including those that would be affected by geothermal resource exploration and recovery. Chapter 6: Optional Elements—Geothermal E'stabhsh<.pohc;es.fgr "minimizing conflicts between > Hospitals; schools, rest homes, land, other uses geotlernial,:resource-exploration and.recovery ac- that are sensitive to traffic And noise impacts. tivities-and sensitive.<lan"ses (e.g., residential, sce- , Areas subject to subsidence, slope instabil- nic habitat, schools; etc:.);. ity, and,.earthquakes Archaeological and other cultural sites. Ideas, 'f®r. Datw and ffi*s s ♦` A description.of the potential environmental,:eco- In: the process. of preparing; a geothermal element; nomic, and social effects "of ea,c phase of the .geo- the, county>w ll. ha e to collect, &good deal of mforma- thermal. development process; including: " t, on. on'.. as specialized "subl,ect. This" will "include` infor= Potential'conflicts with other land uses (erg., mati"on- on the geothermal' energy regulatory.:, scheme. agriculture, forestry, mineral extraction, Pe.deral.and state reports; -as well as plans and -_6 n-viron- fish and wildlife -habitats recreation, resi- `mentalmpact:reports prepared for`surrounding areas, dential, etc.).'" should'be.then starting°point in:describing the environ- > Water use. mental:settin' ", dthe-potentia.lfor"geothermaldevel- Water quality, both surface water and opment Ifthexe isrlittle:.such information available, the groundwater. countyrnayhave}to contract:for a report"on geothermal Noise" and nuisance problems. potential: CE'O's -Siting and En iromnental Division and Demand for emergency services. the Department of Conservation's Division'ofOil, Gas, ➢ Disposal of hazardous and non -hazardous and. Geothermal Resour-ces can provide help in under- wastes. standing the.regulatioris surrounding geothermal en- > Housing and employment. ergy exploration, and recovery.. 'Air quality. The; analysis in no is. not.liinted to; Traffic. the following mformahon . Tf'any of this information band subsidence. appears m, otfier'parts of the,general,plan, "the geothermal Slope stability. element may, simply refer-. to,the appropriate sections. Seismic stability. ® A.=description;:ofgeoth ermal:resources, including: Soil erosion. Tle location: of -reservoirs (known. and po- Community attitudes. tential) Costs and revenues to local oernments. g The,location,of existing and proposed wells. �- A description of the impacts of geothermal level= An,estmate ofill the de, of geo- opment on incorporated, state and federal lands thermal -resources:.: within the:county. A.brief fiistory of local `geothernialdevelop- ment.. Ideas f6r Development Policies The types. of geothermal: res.ources;; (e.g., The geothermal elements, level of specificity., will steam,, hot water; etc.),., tomp r, ra,.poten- largely :depend, on the available data and the .state of tial us.e (i e ,,electric, non -electric); :and del- geothermal development in the county. Policies, plan eterious materials that.limit use:; proposals, and standards must be, consistent with those p P A description. of each= phase- in developing found elsewhere in the general plan. At minimum, the the-. geothermalelement should include the following: 1. The exploratoryphase: 2. The development,. field phase.'.® Policies, plan proposals, and standards for dealing 3. The power, plant phase, if the geother- with'Constraints and minimizing conflicts between mal energy will be used: to generate geothermal development,and other land uses, such electricity. . as"agrrculture, forestry, mineralextraction, fish and wildlifehabitat, recreation, and residential. ® A descxiption<of areas sensitive to geothermal eri- ergy activities; mcludirig:,:` Polciesand standards for minimizing environmen= ➢ Uhique wildlife♦"and/or plant Habitats,: migra= "" tal damage from geothermal development.(i e., en= tion routes, wintering grounds:, vironmental performance standards, for each of the > Scenic areas. three" phases of development).. ➢ Recreationah'areas: = Policies, and standards for minimizing.. aesthetic Residential areas:: ir4, cts resulting from facility and transmiss •ion line General Plan`_ -Guidelines 125 Chapter 6: Optional Elements—Parks and Recreation development. ♦ Policies, plan proposals, and standards for the dis- posal and recovery of resources from hazardous and non -hazardous geothermal wastes. ♦ Policies, plan proposals, and standards for evaluat- ing the feasibility of proposed geothermal power plant sites. ♦ Policies, plan proposals, and standards for locating power line transmission corridors. ♦ Policies and standards for monitoring the environ- mental effects of geothermal development and miti- gating adverse effects as necessary. Ideas for Implementation Measures The geothermal element should specify implemen- tation measures, such as: ♦ Adoption of an ordinance that establishes a permit system for geothermal projects. ♦ Appointment of a planning body for the purpose of administering the geothermal permit program (for counties that process numerous permits annually). ♦ Adoption of geothermal overlay zoning for plant sites and buffer zoning for surrounding lands. ♦ Adoption of performance standards governing the environmental effects of geothermal development (e.g., air quality, water quality, waste disposal, noise, aesthetic, soil erosion, slope stability, subsidence, etc.). ♦ Establishment of a program to monitor the effects of geothermal development (e.g., subsidence, in- crease in seismic activity, air quality changes, ero- sion, etc.) and the mitigation measures adopted to lessen the significant effects identified in the EIR ♦ Amendment of the county's capital improvements program to include improvements to roads and fa- cilities supporting geothermal development. PARKS AND RECREATION Public parks and the passive and active recreation opportunities they provide are important contributors to a community's quality of life. More than 40 percent of the cities and counties in California have adopted a parks and recreation element, according to OPR's 2002 local government planning survey. This number illus- trates the importance placed upon parks and recreational facilities by local jurisdictions. The Quimby Act (§66477) authorizes cities and counties to require the dedication of parks and recre- 126 General Plan Guidelines ational land or the payment of in -lieu fees as a condi- tion of tentative subdivision map approval. The Quimby Act can only be invoked when the city or county "has adopted a general plan... containing policies and stan- dards for parks and recreation facilities." A parks and recreation element can be used to meet this require- ment. Keep in mind that these exactions are limited to the impacts caused by new residential development and they must bear a reasonable relationship to the use of the park and recreational facilities by the future inhab- itants of the area (§66477(e)). Parks and recreational facilities provide a variety of benefits. Urban parks can offer a soothing contrast to high-density office, commercial, and residential uses. Parks can provide active (e.g., baseball, basketball, soc- cer, horseback riding, etc.) and passive (e.g., picnick- ing, fishing, bird watching, etc.) recreational activities for a neighborhood, city, or region. Parks can preserve areas of beauty or historical significance. They can house facilities, such as nature centers, zoos, and his- torical displays, that educate residents about natural history or allow them to learn about the past. The utility of parks can transcend simple recreational and educational uses. Bicycle paths offer a non -motor- ized alternative for commuters, providing traffic and air quality benefits. Urban parks can frame vistas, bal- ance hard structures with massed plantings, and other- wise contribute to effective urban design. Managed open -space lands may also protect watersheds from de- velopment or provide habitat for threatened or endan- gered species. River parkways and golf courses can offer non-structural flood protection or high-water by- passes as part of a floodplain management strategy. Relevant Issues The subjects covered in a parks and recreation ele- ment and the level of detail at which they are addressed vary greatly among jurisdictions. The size of the juris- diction, its level of urbanization, location, and funding base all direct the issues that may be included. The user base and the demands it makes on parks and recreational facilities also helps define the important issues. County issues often include regional parks, open -space or habitat preserves, watershed management, and trail systems. Cities, on the other hand, often address neighborhood parks and playgrounds, community parks, recreational facilities, school facilities joint use, and pocket parks. Some issues, such as river parkways and other inter jurisdictional resources, can be important in both city and county plans. The following are some basic suggestions for the kinds of issues that may be important: Chapter 6: Optional- Elements—Parks and Recreation- - The general distributionlocation; and' extent of > Parkways and greenways: existing public: park,, recreation,. andopen-space > Trails and trail, systems. land and, facilities: > Regional, state; and' federal parks. ® Parks, and recreation plans,.of adjacent cities and > Equipment and facilities (e.g.,:playground of regional;,state;.andfederal, agencies.. equipment, pools; tenni courts, sports fields, etc.). ® Projected future dernand.for facilities;.byuser group and type=;of. facihty:< ® Review adjacent cities' parks and recreation,plans, as well. as° -the plans of regonal <state and=federal- Exstmgr zoning and'land- a encies e: .,parks districts,. o. en=s ace districts g (,.g'. P p ® General pla Jdnd use.designations:and transports- state parks, National Park -Service; etc.). tion plans..(CI -,L) Project future demand for facilities by user: group ® Park and recreational facility p.olicies,and�standards andtype of facility. (including level of `service standards .and support Inventory existing facilities, types of facil- for QuirnbyAxt:exactions): ties, and levels of use. ® N-— '"I ,natural land Identifymajor user groups and,their park and and water areas, floodplains, groundwater'recharge' recreational needs. areas, ete.) amenable to recreational open-space > Project future demand'Tor,facilities, changes (i.e".;.passive recreat onal) use. (0) in demand, and "capacity to meet future de-' ® The: general:aocation of: school: distrct:'properties' mand. and their .availabilifor_ j M- use; ® Recreational,trail systems: (e g ,,pedbstrian;:eques- trian, bicycle Interagency coo- di- onwith open-space"districts;;. e parkssarid creatibi districts;other, cities .aid"coon° ties,:state park"; ' t" nal.parks; forests monuments, Santa Clara County's ' 1995-2010 `deneral 'Plan and recreational areas etc. dedicates' Chapters C (countyuvide level) and `N. Schedule. or. tmetablewfor irnprouements,expan- (rural unincorporated areas) to parks and si'an, and rehrenient of infrastructure and facilitiesv recreation strategies, policies, and implementation measures. S a county;Santa Claratakes a regional Funding; sour- S;=ne'ludmg =non gouexnmental (as :opposed ,to a neighborhood) :approach that -.so urces':(e g.;.non=profit;organizahons;.:private &- focuses on` regional parks and open-space, trails, nations; exactions;..etc ) and scenic highways.l"h`e County has long worked toward, the goal of c, ting;a"necklace of parks" Chapter 6: Optional Elements—Parks and Recreation ♦ Review existing land uses for potential sites and land use plans for compatible sites and policies, including: ➢ General plan land use, conservation, and open -space designations. ➢ Relative accessibility (circulation/transpor- tation plans). ➢ The general location and availability of school district properties for joint use as parks or recreational facilities. ➢ Natural resource areas (e.g., habitat, natural land and water areas, floodplains, ground- water recharge areas, etc.) amenable to rec- reational open -space (i.e., passive recreational) use. ➢ Park and recreational facility policies, stan- dards, and principles. ♦ Identify feasible sources of funding for improve- ments, expansion, and maintenance. ➢ Governmental funding (e.g., general obliga- tion bonds, special tax, impact fees, etc.). ➢ Non-profit organization funding. ➢ Private sector funding. Ideas for Development Policies The following are some general ideas for develop- ment policies. These are intended to stimulate discus- sion; actual policies would be more focused. ♦ Identify the locations of existing and future public parks and recreational areas. (MAP) (L). ♦ Establish standards for park acreage by type of park (acres per 1000 residents). ♦ Establish standards for providing active and pas- sive recreational facilities. ♦ Describe a range of park types (e.g., regional, areawide, neighborhood, pocket, etc.) to serve in specified situations and establish principles (e.g., access, service area, timing, parking, etc.) to guide the location of each type. (L) ♦ Establish policies for park and recreational facility accessibility consistent with the Americans with Disabilities Act. ♦ Establish policies for the dedication of public parks and recreational areas (or payment of in -lieu fees) in conjunction with new subdivisions, including stan- dards for the amount and type or quality of parkland required, consistent with the Quimby Act. (L) ♦ Establish a policy framework for trails plans, bal- ancing trail needs with environmental and land- owner concerns. (CI) 128 General Plan Guidelines ♦ Establish policies for the use of utility corridors, reclaimed solid waste facilities, abandoned railroad rights of way, etc., for parks and trails. ♦ Establish general acquisition criteria/priorities for natural resources, historical resources, habitat, and watershed lands. ♦ Establish principles for preserving natural re- sources, historical resources, habitat, and watershed lands within parks. (0) ♦ Preserve visually and environmentally significant open spaces. (0) ♦ Provide for joint use of school properties as neigh- borhood parks and recreational centers. (L) ♦ Coordinate planning and standards with other agen- cies, such as cities, counties, regional parks districts, open -space districts, state parks, and national parks and forests. ♦ Establish policies to guide parks and recreational facilities funding, identifying preferable funding sources and general spending priorities. ♦ Encourage involvement by the non-profit and pri- vate sectors in acquisition, maintenance, and pro- grams. ♦ Establish neighborhood, community, and regional park planning committees for consultation and in- put regarding park policy. ♦ Establish policies requiring linkages between past and future development projects through a net- work of parks, open space, and bicycle and walk- ing paths. For more information on this topic, see the Bibli- ography under "Parks and Recreation." WATER Few resources are as intimately tied to the orderly growth and development and economic and environ- mental well being of California as water, and few present so many planning challenges. California's 34 million residents, 9 million acres of irrigated agricul- tural land, and abundant environmental needs require over 80 million acre-feet of water in a normal year (in a drought, this drops to about 59 million acre- feet). By 2020, when California's population will have grown by an additional 12 million people, the Department of Water Resources (DWR) projects that the state may be short by over 2 million acre-feet of water in a normal year and by over 6 million acre-feet in a drought year. In: 20.011 two water'.upply=planningbills wer..e enacted that require greater,coordiciation and more extensive data to. be,shared lietweenwater- suppliers and: local land use agencies for large development projects and General Plan Guidelines 129 Chapter 6: Optional Elements—Water thermore, §65352.5 directs the water supplier to pro- vide a copy of its most recent Urban Water Manage- ment Plan and other water supply information to the city or county upon receiving the aforementioned no- tice. Issues and Potential Policy Strategies One way to conceptualize a water element is to consider the entire hy- drologic cycle and how community policies and actions affect each com- ponent of the system. The following discussion divides the hydrologic cycle into components and highlights a sampling of issues and general policy strategies that might be included in a water management element. Water supply and demand ♦ Inventory of existing ordinances that imple- ment water management issues (e.g., Model Water Recycling Ordinance). A typical policy response is to ensure the availabil- ity and timing of reliable water supplies for existing and future needs under changing hydrologic conditions. This entails realistic assessment of planned facilities and projects, ad- ditional water entitlements, and fu- ture regulatory requirements. Such analyses must be coordinated with the local water purveyor(s). Much of the data are contained in a purveyor's Urban Water Manage- ment Plan or Water Master Plan (or related document). In particular, water use efficiency (conservation) and water recycling have become major "sources" for communities to stretch their available supplies and enable growth without costly or environmentally damaging water projects. State law requires that local jurisdictions implement landscape water conservation practices and low water use plumb- ing in new development. Agreements among many of the state's major water providers also require the use of best management practices for water conservation in the urban sector. These policies and actions should be in- corporated into general plans. Many counties that rely heavily on groundwater also have general plan policies (and implementing ordi- nances) protecting local groundwater supplies from water quality degradation, excessive extraction, or ex- port. Before embarking on water supply policies, it is im- portant to understand the institutions that provide water in the area, the various plans and projects in the works, and the constraints on future water supplies. The California Urban Water Conservation Council is a voluntary association of the major urban water purveyors in California. They have developed a list of best management practices in water use efficiency for members who have agreed to implement these practices in a consistent manner. Their website is www.cuwcc.org. Based on statutes passed in 2001 (see discussion about Senate Bills 221 and 610 on previous page), land use decisions for major plans and projects now must be linked to a long-term reliable source of water. Additionally, state law requires that Ur- ban Water Management Plans (water supply/demand plans required of all urban water purveyors of 3000 acre-feet of service or 3000 connections) must be sent to the lo- cal land use agency and considered in the general plan. Typically, water supply issues are addressed as part of the conservation element or in an optional public fa- cilities or services element. A comprehensive assessment would include the following: ♦ Inventory of existing water demands, supplies, and providers, as well as established programs for wa- ter use efficiency (conservation), recycling, trans- fers, and conjunctive use of surface and groundwater. ♦ Analysis of future water demands based on general plan land use build -out and projected cumulative demands in the region. ♦ Assessment of future opportunities for water use efficiency (conservation), recycling of water, wa- ter transfers, conjunctive use of groundwater and surface water, additional storage or water develop- ment projects, and other potential increases in wa- ter entitlements and supply. ♦ Assessment of any shortfalls in future water de- mands based on wet, normal, dry, and multiple dry year types and contingency plans for drought con- ditions. 130 General Plan Guidelines Water quality General plans address water quality in various ways, usually in the mandatory conservation and open -space elements or in optional public facilities or environmen- tal elements. Typical issues include: ♦ Groundwater contamination from specific sources, such as underground tanks, known spills, contami- nation sites, or landfills, or from generalized sources, such as septic systems. ♦ Sedimentation and related pollutants from land- based activities throughout the watershed, includ- areas: There':are many reasonsAwprotect such- water re reduce: peak storm flows and'provide water. qual ty ben sources, .including aquatic biological value, .maintain : efit. ing "free"watershedfunctonssuch_as°aquiferxecharge These type of facilities.:and°site.design features can and;.runoff flltern ,g, ,and open` space for aesthetic acid alsorestore.',I cal' aquatic habitat,ymaintain: or enhance recreational=value:Polices toprotectwaterfeatures are groundwater recharge,:reduee lo` 641..flooding-peaks, Chapter°&Optional Elements—Water ing,res`ource°extraction; such as l°ogg, or vineyard: often articulated in -the conservation or open -space ele- ading for and development : development;, or,, gr - Ment. ® Wastewater treatrn`ent.andindustnal,discharges-from There, are hundreds of options for policies related to pointsources. maintaining healthy, and, functional watersheds, rang- mgfrom 1'and use designations (or minimum parcel sizes) Urbawand rural stormw:ater runroff and.rel`ated,.non- that.proteet floodplains, recharge areas; riparian corridors, pointsource pollutantsc wetlands, aitdotlie .ecologically significant lands to-ero- sion controlrpohcies and siandards to maintainwater qual- Policy responses vary fromgeneral polciesao coma- ity Setbacks from= riparian.°corridors;; lakes, ponds; and ply with state and:=federal" water qu ilit y4equ.itionnents to: wetlands are ;typical, as are low=intensity land uses, in specific: requirerelated;;to local,.gradmg;;or ero- groundwater recharge zones or water supply watersheds. sioncontrolordinances and runoff -standards, Many-re'Watershed-based policies- also .provide an -opportunity centwater:quality.requ cements link directlyto;land use. ` to integrate: state` and -federal requirements for protec- anddevelopment practice s.(see:Storrnwater sectionbe-tion I ow):. For:example, §3.03(4) ofthe,,Qjeanater.,Act re= of wAlands and endangered species habitat. quiresstates-to identify ".,impaired"water. b:odies(wliieh F'lood'managem:ent California hasdone) and prepare.TotallVlaXu ium Daily Thetsafety elern`ent rnusVidentify flood hazard areas Load (TMDL) studies- and;,plans to reduce pollutant and establish:; policies to avoid unreasonable flooding loads:in.,watersheds and,clear up:impaired streams or risks. A comprehensive approach should include care-` lakes Asthese studies becomemore;preualent; land`use ful mappmg,of`flo.odplams aril high=risk areas, estab- plans- and:developrnentpohcies and standards;,wll'need: lshmg°pohces.to. keep intensive uses out of these areas to be.refiiied to:=improve.°water quality: and mitigation mersures.`or, design requirements tore duce flood risk where improvements are at risk. Addi- astewatertPeatment and'dsposal tonallylocal or regional=_,flood inanageinent,plans and Analysis;'andpolices related to?wastewater are usu=. facilities shouldl emcorporated. water -based ap- ally included in the circulation: element.or in anoptionnlpro' ll w,outd employ both structural and non-structural publicwfacilit es :element. At a -minimum; the generalplan solutions to`maintain the floodplain functions of sedimen- should rover tory existing i ni"ianriedwastewater. treat=tation; deposition .water filtering, and -floodwater absorp- meet and:. disposal; facilities.. (and regulatory' require tion.,. An optional, floodplain management element was ments) and. any. pohces:;. and requirements for. on-site: discussed earlier. in this chapter: septic,or related` disposal systems,: fest practices sing:=- gest that projection .fl r rastewaterde`rnands sl ouldbe Storm" water management.' based on the general plan, --land use'buildout assume::- With the expansion ofnon`:point ource water qual-, tions and closely.. l"inked to.water supply demand: assuinp- `In ity regulations (under various sections of the Clean Wa- tions addition,. wher-e appropriate, opportunities to: ter Act andtfie,l?orter C'ol'ogne `Water Quality Control utilize; treated_ wastewater (re_cycled or reclaimed° wa , Act), c:brnmunitie throughout the state are. being faced ter) for landscape; recreational, industrial,; or agricul= withatrctrequirements--onurbanrstormwaterrunoff(and tural ;uses (so called non potable° reus:e): should" be . n ; ' P s'ome:. rural rano. As a result eneral Tans -have be - analyzed wherever feasible, .Urban ateraVlanagement anc -u enofm6 standardst reqwire ruf Plans Zre required to address opportunities. for using that result ur'an array of'site planning. and design tech- " recycled;water.piques; to reduce; storm flows; .capture runoff water, and allow itto.percolateor filter/settle before being discharged Watershed features ;and processes to channels; streams; or lakes. Urban residential and com- General::plans;.typically identrfyand'map important _ , merciafi projects>andeven ruraldevelopments are being hydrologic:features, such aswetlands;.estuaries;;streams, designed with multi =use stoririwater basins, catchment desigriated':wildaed scenic rivers;, lakes; vernal ,pools, brims;: and; swales. parking; lot captureaystems buffer riparian"zones floodpla] S and groundwater:recharge steps to capture, and: filter- water . and=similar features to areas: There':are many reasonsAwprotect such- water re reduce: peak storm flows and'provide water. qual ty ben sources, .including aquatic biological value, .maintain : efit. ing "free"watershedfunctonssuch_as°aquiferxecharge These type of facilities.:and°site.design features can and;.runoff flltern ,g, ,and open` space for aesthetic acid alsorestore.',I cal' aquatic habitat,ymaintain: or enhance recreational=value:Polices toprotectwaterfeatures are groundwater recharge,:reduee lo` 641..flooding-peaks, Chapter 6: Optional Elements—Water Modified land Use/Hydrologic Cycle as a Basis for an Optional Water Element Precipitation: Snow and Rain 2. 3. 4. 5. 6. 7. 8. 9. 10. II. Fish Hatchery and Fisheries Restorantion Project Runoff from Rangeland Opreatioin Agricultural Tailings Water Pond for Habitat and Pollutant Reduction In Situ Groundwater Treatment Urban Retention Basin for Water Quality Benefit and Flood Management, Recreation, and Habitat Groundwater Pollution from Urban Sources: Movement of Contaminated Plume Wastewater Treatment and Disposal: Reclamation of Treated Effluent Wells for Agricultural and Urban Use Direct Groundwater Recharge Surface WaterTreatment 132 General Plan Guidelines 13. Useable Aquifer 14. Proposed Desalination Plant Location 15. Natural orArtificial Wetland to Clean Up Water 16. Unsaturated, Unconfined Aquifer 17. Saturated, Confined Aquifer 18. Confining Layer 19. Bedrock 20. Agricultural Pollution of Upper Groundwater Aquifer 21. Upstream Fisheries and Riparian Habitat Restoration Project 22. Lateral and Downslope Movement of Polluted Groundwater Plume 23. Agricultural Groundwater Use Graphics: Lindsey Holm Chapter 6: Optional Elements—Water water. For comprehensive planning purposes, the follow- ing data and analysis should be part of the general plan: ♦ Inventory of existing natural water -related features, such as wetlands, streams, lakes, bays, estuaries, reservoirs, and vernal pools. Information may be available from local, regional, and state GIS data- bases, specific studies, such as EIRs or specific plans, or from specialized databases such as the Resources Agency's Legacy Project or the CERES database. (CO, L, O) ♦ Delineation of the boundaries of watersheds, aqui- fer recharge areas, floodplains, and various param- eters about groundwater basins (water levels, storage volume, safe or operational yield, etc.). Gen- eral data on groundwater can be obtained from the Department of Water Resources (Bulletin 118-02 or the State Water Plan) or from individual basin studies. (CO, L, O, S) ♦ Analysis of existing water sources, treatment and distribution systems, service district boundaries, wastewater treatment and distribution systems, stormwater and drainage facilities, flood manage- ment facilities, and service districts. These data are available from each individual district or service provider. Urban Water Management Plans are a good source for water supply, demand, conservation, and related information. This information will be useful in meeting the information requirements of SB 610 and SB 221. ♦ Capacity of existing and planned water and waste- water infrastructure to accommodate new growth and support expansion and improvement. Typical data sources include the Urban Water Management Plans of local water purveyors, Water or Wastewa- ter Master Plans or Integrated Resources Plans of water agencies, and capital improvements plans. Statewide and regional information is available in the State Water Plan. (CI) ♦ Reliable water supply and projected demand bal- ance in wet, normal, dry, and multiple dry years; analysis of new sources; drought contingency plan- ning; opportunities for conservation, reuse, trans- fers, etc. ♦ Land -use based projections of build -out and water and wastewater demands specific to each land use. Different land uses and intensities have vastly dif- ferent demands for water supply. There are also vast differences between different regions in the state. ♦ Analysis of generalized water quality in the wa- tershed, available data on water pollution sources, 134 General Plan Guidelines and various programs and agencies working on these issues. ♦ Examination of existing water quality in the water- shed. ➢ Identify existing and potential water pollu- tion sources. ➢ Inventory hazardous materials dumps, ponds, and storage sites (using information plans de- veloped pursuant to Health and Safety Code §25500, et seq.). ➢ Identify proposed, existing, and abandoned landfill sites. (MAP) ➢ Examine the results of groundwater tests con- ducted in the vicinities of landfills and haz- ardous materials dumps, ponds, tanks, and storage areas. ➢ Examine regulations regarding the use, stor- age, and disposal of hazardous materials. ➢ Inventory existing and proposed land uses that could contribute to the pollution of streams and other waters. ➢ Data sources include the Water Quality Con- trol Plan for the region, TMDL studies (if they are complete), watershed plans for the region, and specific data from the Regional Water Quality Control Board or local water purveyor. ♦ Identification of polluted water sources for which reclamation is feasible. ♦ Identification of watershed groups, programs, and studies in progress and environmental enhance- ment programs and projects that are water -re- lated. ♦ Identification of water conservation programs that are, or will be, implemented by the water supplier or other entity supplying water to the city or county. This may include information contained in the Ur- ban Water Management Plan or in the Water Recy- cling Ordinance. ♦ Assessment of the use of water bodies for recre- ational purposes. (CO, L, O) ♦ Identification of water bodies and watersheds that must be protected or rehabilitated to promote con- tinued recreational and commercial fishing, includ- ing key fish spawning areas. (CO) Ideas for Development Policies Water element policies should conform to those found in other elements, such as the land use, circula- tion, conservation, open -space, and safety elements. Chapter 6 Optional Elements—Water W.aterxelated policies; can be�centr:.ahzed:in.. awater el- Water District of Southern California), one or more re - em enttoavoid duplication..S:uch policies must�be con:-, tailers, and other districts and jurisdictions for waste- sistent` wi the general-_ plan =as a whole;: including.. alt: water, storm drainage, and floodmanagement: The data inandatoW and, :optional°,::elements:. The following pro– for a comprehensive water element may be difficult to vides_ examples, of,-pohc. es_that a juri'sdictionmay wish: collect and analyze. The plan& time horizons, and pro- to.include iii awaterfi.element., jections made by various: districts and jurisdictions may ® The development,, iinprovernent, timing, and 1'oea= noLbe consistent or easily integrated. Itis important tion of community sewer:; water:; and drainage.line - that.the water element neither contradict norAiminish and facilities. (CI,, C'O;. T,)'. already agreed upon community goals contained in other elements of the general plan. Still; ;given the com- ® The protection; use;.and development of water -hod` plexity of the topic and the critical role water will play iesand courses.(rivers, lakes; streams; harbors es- in every community's future, a water element is a valu- tuaries; andre ervo rs): (CO, O) able:way to focus on key issues and policy choices: -' > Erosions eontro1' and sediment,reduction. policies:.: Technical Assistance ® The siting of Targe; newwater users. (L) -,There are hundreds of applicable references that can Opportani ;far,recycled water -use: assistin water resources °planning; just a few of -:which" ® The type and;intensity of development in or adja= are listed here. Internet resources include: cent to water bodiesand courses. (CO; L, O) ® Association of California Water -Agencies, Sethackr, standards near, sensitive water fea- www.acwanet.com tures. CALFED Bay Delta.Program, The�protection. of, watersl eds. and. aquifer -recharge: www.calfed.water.ca.gov. Type and.mtensity; of development:. California Department of Water Resources; Drainage. runoff poi"icier. andperformance www.water.ca.gov ' stan.dard's:,., ,such as: the: rreduct{on of ♦ California Urban Water Conservation Council, hardsc;apedareas.; www.cuwcc.org ® Expansion. alternatives %r new reliable. water State Water Resources Control hoard, supplies`. --(CO) „ www.swrcb.ca.gov Water. efficiency and recyclmg _policies::, Water Education Foundation, The useof native: vegetation; or drought=tolerant; www.watereducation:org landscaping fot publicfacilities'<and-,other large n. -- stallations. Useful books and reports include: ® The protection of water bodies and:watersl eds that.California Department of `Water Resources, State are,important for`tl e.mariageinent;.af commercial Water Plan Update, Bulletin 1,60-98, 1998. (Note: fisheries., (CU O). An:updated version is due.out at the end of 2003.) ® Floodplain management polices . (CO, L,., 7ohnsonand Loux, Wates and Land Use: Planning. ® 1Vlinimum rivate water-su ; l reserves; for diner,.-_- P Pp y o� the Future of (California as Water Mattered, ff gency fire use:. (S) ` Solano Press Books, 2003. Littleworth and'Gardner, California Water, Solano Challenges Press Books, 1995 (Note: An updated version is Planners face challenges., in prep aringasingte9 stand=: - due out in 20`03). alonewater: element. Water districts, wastewater disc Water. Education Foundation, Layperson 's Guide to trict&, or private -water purveyors serve. multip=le cities Califf Water, 2000. (Note: IS other Layperson's and` counties with other:; custo=mers .a-nd-other planning tiles are available on topics such as Environmental and, reporting requirements. Some'-, such as San Restoration, FloodManagement; etc.) Tose, and counties, such as. Alameda;. have:. multiple water providers from many (different sources: Often :- ...Form- -ore.information on this topic, see is- a wholesaler of water. (such as Metropolitan_ . raphy under. "Water." General Plan Guidelines 135 CHAPTER 7 CEQA and the General Plan All statutory references are to the California Government Code unless otherwise noted Adopting or amending a general plan or a gen- eral plan element is subject to the California nvironmental Quality Act (CEQA, Public Resources Code §21000, et seq.) and often requires preparation and consideration of an environmental impact report (EIR). The primary purpose of an EIR is to inform decision -makers and the public of the potential significant environmental effects of a proposal, less damaging alternatives, and possible ways to reduce or avoid the possible environmental damage. This information enables environmental considerations to influence policy development, thereby ensuring that the plan's policies will address potential environmental impacts and the means to avoid them. This chapter discusses some aspects of the relationship between the general plan and its EIR. Refer to the Bibliography for sources of more detailed information about CEQA and its requirements. EIR PREPARATION The procedure for preparing and using an EIR is described in detail in the state CEQA Guidelines (Title 14, California Code of Regulations, §15000, et seq.), so we will not review the entire process here. The fol- lowing discussion highlights some of the key points that are particularly important when preparing an EIR for a new general plan, an element, or a comprehen- sive revision. Since the environmental document for a privately initiated general plan amendment is usually project -specific, we will not discuss it at any length. A general plan for which an EIR is prepared is con- sidered a project of statewide, regional, or areawide significance (CEQA Guidelines §15206). Projects of statewide, regional, or areawide signficance have some specific requirements for scoping, review and mitiga- tion monitoring, as discussed later in this chapter. To the extent feasible, the planning process and the environmental analysis should proceed concurrently, shar- ing the same information. The plan EIR, to a certain ex- tent, can be seen as describing the relationship between the proposed density and intensity of land use described by the plan and the carrying capacity of the area. The EIR must describe the existing local and re- gional physical environment, emphasizing those fea- tures that are likely to be affected by the plan and the 136 General Plan Guidelines environmental constraints and resources that are rare or unique to the area. It should describe existing infrastruc- ture, such as roads, water systems, and sewage treat- ment facilities, along with their capacities and current levels of use. It should also discuss any inconsistencies between the proposed plan and adopted regional plans as they may relate to environmental issues. The EIR must describe the significant environmen- tal effects that may result from the plan's policies and proposals. Effects that are found to be insignificant need only a brief discussion in the EIR (CEQA Guidelines § 15006(p)). When a new general plan or a revision is being considered, the EIR must evaluate the proposed plan's or revision's effects on both the existing physi- cal conditions of the actual environment and the envi- ronment envisioned by the existing general plan (Environmental Planning and Information Council u County of EI Dorado (1982) 131 Ca1.App.3d 354). In addition to the direct impacts of any immediate projects that will occur under the general plan, the EIR must focus on the secondary effects that can be ex- pected to follow from the plan's adoption, including cumulative and growth -inducing effects. The general plan EIR need not be as detailed as an EIR for the spe- cific projects that will follow (CEQA Guidelines § 15146). Its level of detail should reflect the level con- tained in the plan or plan element being considered (Rio Vista Farm Bureau Center a County of Solano (1992) 5 Cal.App.4th 351). At the same time, however, the lead agency cannot defer to later tiered EIRs its analy- sis of any significant effect of the general plan (Stanislaus Natural Heritage Project, Sierra Club u County of Stanislaus (1996) 48 Cal.App.4th 182). The EIR must identify mitigation measures and al- ternatives to avoid or minimize potential impacts, to the extent feasible. The general plan EIR is a particu- larly useful tool for identifying measures to mitigate the cumulative effects of new development. For ex- ample, a general plan might anticipate a significant in- crease in industrial employment in the community. If this proposal would lead to increased automobile com- muting, the EIR could identify measures to reduce peak - hour traffic volumes, such as new transit routes or improved bicycle facilities. Where other agencies are re- sponsible for mitigating the effects of the general plan, they, should- beidentified' m tha EIR.: Pursuant. to..= Public Resources. Code §2108.`1;6, .the generatplan must- incor= porate>the: approved-mi"tigation� measures identified in =the EIR-intolits policies and4:plan.proposals. Several alterrrative.draft.,plans..are typically c;onsid- ered enxoute to: adopting,-; general:plan. Similarly;.the EIR for the: plan.:rnust describe a reasonable. range- of alternatives. and.analyze each,of,.the�r effects. (CEQA Guidelines:§ 15126) Consistent with CEQA,ahe alter= native plans.- houldsl 'are:m. ost of tl e..same: obiectives. Each:ofthe ahelmatives�,'shouldl avoi& oraessen°`one or more of the ;significant,, effects identified; as.,resulting from the proposedplan: A reasonable range of alterna- tives;w.ould;typically include.° different levels: -of den= city andcompactnes as -well -as different locations: and types of"uses for: :future} development. In, &. situation where the proposal is, yet to: be selected .from :among the alternatives, the;cgmpeting alternatives:.should not all have the same level` of impacts:. The EIR-must. also evaluate thea: "no project" alter- native. This,-' woul describe what.1 physical. changes Chapter 7: CEQA and the General Plan velopment; review; -and approval of Ahe general plan, element, or general plan, revision. These parallel pro cesses:should.be carefully, synchronized so that neither time nor work will be�wasted through unnecessary de- lay or duplication. ViWhen developing; a draft work pro - grain, for, he general- plan, staff `shou-I& lay out the schedule for preparing the EIR.. Pay particular atten- tion to the, point at which sufficieint:information will be available to prepare,an informative-NOI? The draft EIR must reflect the draft plan.and exam ne.the, various al- ternative plans being proposed; -so it .should not -be re= leased.=for review until the +draft plan _ is nearing completion. Try to anticipate thenumber and extent of changes thatmay b'e made to he draft plan`as it moves through planning commission hearings. Time the xe= lease of the draft EIR after apreferred plan -alternative has:.been identified. Otherwise,-, ifthe major changes in the plan.necessitate substantial changes in the draft EIR. the EIR. may need `to be recirculated. If the planning- process.works as it hould, with all levels>:of decision makers'well informed, this uncertainty.can be avoided. might reasonably be expectedto occur. mthe foresee- able future.ifthe,new or,,revised, general,plare°=not PUBLIC REVIEW OF THE EIR adopted; based`on,the.ex stulg'general plan (if`ar y) and Prior, to: writing the: draft EIR; the city -or county n<,n;lr;1.lo ;,-.� n-n+..,i.1,..,a�o.,nv..a'n-o,.;..�.on• � .. ,:.: n „� ;. .�..<.-.a. n ..: T,:T Chapter 7: CEQA and the General Plan equacy of that draft EIR (as opposed to their opinions about the draft general plan). Some cities and counties choose to hold a hearing during the draft EIR's review period to provide the opportunity for public comment. After the end of the draft EIR's review period, the ju- risdiction must prepare a final EIR containing the com- ments received during the review period and its written responses to those comments. ADOPTION AND CERTIFICATION Before adopting the general plan, element, or revi- sion for which the EIR was prepared, the city council or county board of supervisors must consider the final EIR, certify its adequacy, and make explicit findings explaining how the significant environmental effects identified in the EIR have been or should be mitigated or explain why mitigation measures and identified al- ternatives are not feasible (CEQA Guidelines § 15091). The city or county cannot approve the general plan unless the approved plan will not result in a significant effect on the environment or, more commonly, the city or county has eliminated or substantially lessened all significant effects where feasible and made a written statement of overriding considerations explaining the reasons why any remaining unavoidable significant ef- fects are acceptable (CEQA Guidelines § 15093). The jurisdiction must also adopt a mitigation monitoring or reporting program to ensure that the mitigation incor- porated into the plan in accordance with the EIR will be implemented. PROGRAM AND MASTER EIRS In order to minimize the need to reanalyze a series of projects related to the general plan, CEQA and the state CEQA Guidelines encourage using a general plan EIR to address subsequent discretionary projects, such as adopting zoning ordinances and approving specific capital improvement or development projects that are consistent with the general plan. This streamlined ap- proach to environmental review is commonly called "tiering" (CEQA Guidelines § 15152). By using a tiered approach, the environmental review for a subsequent project can be limited to those project -specific signifi- cant effects that either were not examined or not exam- ined fully in the general plan EIR. Later environmental analysis for more specific ac- tions can be tiered from the general plan EIR in several ways. The following paragraphs present a brief discus- sion of program EIRs, master EIRs, tiering under Pub- lic Resources Code §21083.3, and the use of certain 138 General Plan Guidelines statutory exemptions. Program EIRs The program EIR prepared for a general plan ex- amines broad policy alternatives, considers the cumu- lative effects and alternatives to later individual activities where known, and contains plan -level miti- gation measures. Later activities that have been de- scribed adequately under the program EIR will not require additional environmental documents. When nec- essary, new environmental documents, such as a sub- sequent or supplemental EIR or a negative declaration, will focus on the project -specific impacts of later ac- tivities, filling in the information and analysis missing from the program EIR. The "project" being examined in the program EIR is the general plan, element, or revision. The CEQA Guidelines recommend that program EIRs deal with the potential effects of a general plan, element, or revi- sion "as specifically and comprehensively as possible." A good rule of thumb is that the program EIR's level of detail should be commensurate with the level of detail contained in the general plan element (Rio Vista Farm Bureau Center v. County of Solano (1992) 5 Ca1.App.4th 351). A program EIR should pay particular attention to the following EIR components: ♦ The significant environmental effects, including cumulative effects of anticipated later activities under the plan or element. ♦ Mitigation measures, including plan -wide measures. ♦ Alternatives to the basic policy considerations set forth by the plan or element. When evaluating a later activity to determine whether it is eligible for consideration under a program EIR, OPR suggests the following sequential approach. First, the lead agency must determine whether the activity meets both of the following criteria and, if so, adopt findings to that effect: 1. It is consistent with the plan or element for which the program EIR was certified. A general plan amendment obviously would not qualify (Sierra Club u County of Sonoma (1992) 6 Cal.App.4th 1307). 2. It incorporates the feasible mitigation measures and alternatives developed in the program EIR. (Addi- tional mitigation measures and alternatives may also be applied when a subsequent or supplemental EIR is prepared.) Second, the lead agency must evaluate the later ac - Chapter 7: CEQ,4 and the General Plan tvity and its; location, to: determine` whether the, envi- ronmental effects of subsequent projects. Those projects ronmental' effectsro£that activity were: adequately ex- that have I been described in some detail inthe MEIR. am,m,ined. ln; the,,program, EIR: If ,there . are any new may avoid the need fora later EIR or negative declara- significant effects:frorn.the.later actxuty;ahe lead agency tion. Other projects will need to be analyzed in a fo-` . must prepare. -an 'initial study -to determine -the signifi- cused EIRal at,examines;p-oject= Chapter 7: CEQA and the General Plan Tiering cannot be employed when the project is incon- sistent with the general plan or zoning (CEQA Guide- lines §15152(c)). Overall, tiering can result in significant cost savings to local governments and ap- plicants because it reduces the processing time for sub- sequent projects and simplifies the environmental review process. COMBINING THE GENERAL PLAN AND ITS EIR Because a general plan and its EIR overlap in con- tent and are prepared as part of a single planning pro- cess, a few local governments have combined them into a single document or set of documents as authorized under CEQA Guidelines § 15166. A local government may prepare a combined gen- eral plan and EIR as a set of three documents. The first document would contain information on the physical and environmental setting, including inventories of soils, geology, hydrology, air quality, vegetation, wild- life, energy, cultural heritage, ambient noise, existing land use, transportation, population, public services, and water quality. It might also describe federal and state laws and regional plans concerning these issues. This document would provide the data and analysis out of which general plan policies would evolve and would constitute the "environmental setting" section of the EIR. The second document would consist of the poli- cies, plan proposals, standards, and implementation pro- gram of the draft general plan. In essence, it would constitute the "project description" for purposes of CEQA. The third document would consist of the envi- ronmental assessment—that is, the discussion of effects, mitigation measures, and alternatives needed to satisfy the requirements of an EIR. Revisions to the three documents would occur throughout the planning process. The first would change as new data became available. The second would change to reflect the public's comments, as well as de- cisions by the planning commission and elected offi- cials. It would also be revised to reflect the analysis of effects in the third document, the environmental assessment. The environmental assessment would be modified in response to input from the public and other agencies and to ongoing revisions in the pro- posal itself. The three documents would be circulated together for review as the draft EIR and ultimately certified as the EIR. The city council or board of supervisors would adopt the policy document and perhaps the data and analysis by resolution to become the general plan. 140 General Plan Guidelines A cautionary note on using this approach: com- bining the general plan and its EIR is often impracti- cal. The draft combined plan/EIR can be unwieldy for reviewers to analyze and expensive to revise and reproduce. Additionally, unless the final plan is care- fully purged of those mitigation measures and alterna- tives identified in the EIR that were rejected upon plan approval, it will contain extraneous policies and plan proposals that were not intended to be carried out. In addition, where an inconsistency exists be- tween the plan and its EIR section (essentially this would be an internal inconsistency in the general plan), the statute of limitations would not be the usual 30 to 180 days under CEQA but could be extended to such time as a land use decision is made based on the general plan. FINDINGS Upon certifying a general plan EIR, the city or county must make findings pursuant to CEQA Guide- lines § 15091 for each of the significant effects identi- fied in the EIR. These findings require the jurisdiction to state which mitigation measures or alternatives are to be imposed on the plan, which are the responsibility of other agencies to carry out, and which are infea- sible. These findings must be supported by substantial evidence in the record. In addition, CEQA Guidelines § 15093 requires the city or county to make a statement of overriding con- siderations for any significant effects that cannot be mitigated. This statement must describe the specific eco- nomic, legal, social, technological, or other benefits of the project that outweigh the unavoidable significant effects identified in the EIR. This statement of reasons must be based on the information that is in the EIR or is part of the record. The record includes all of the in- formation that was available to decision -makers dur- ing the course of considering the general plan. MITIGATION MONITORING AND IMPLEMENTATION When a general plan is enacted or amended based upon an EIR or a mitigated negative declaration, the city council or board of supervisors must also adopt a reporting or monitoring program for ensuring com- pliance with the adopted mitigation measures (Pub- lic Resources Code §21081.6). The city or county should coordinate general plan policies and environ- mental mitigation measures during the planning pro- cess so that the mitigation measures will be reflected in the plan policies and those policies realistically can be implemented. CHAPTER 8 Public Participation All statutory references are to the California Government Code unless otherwise noted. Wen a general plan is written or amended, tate law requires the planning agency to provide opportunities for the involvement of public agencies, public utility companies, commu- nity groups, and the general public through public hear- ings or other appropriate methods (§65351). The law also requires that a jurisdiction make a diligent effort to include all economic groups when drafting its hous- ing element (§65583). Statute requires two public hearings before a juris- diction can adopt or amend a general plan: one by the planning commission and another by the legislative body (either the city council or the board of supervi- sors). However, this minimal number of hearings does not constitute what most planners would consider an adequate public participation program for adopting or updating a general plan. People have come to expect that public participa- tion—the process by which the public can give input or otherwise participate in decision-making—will be a part of any planning process. Excluding the public can be time consuming, expensive, and divisive. Failure to allow the public to meaningfully participate in plan- ning decisions that affect their communities can result in litigation or ballot initiatives that may overturn the results of a general plan process. There are many benefits to including ample oppor- tunities for public input and involvement in a planning process. This chapter discusses these benefits, as well as ways to successfully engage and include the public. ENVIRONMENTAL JUSTICE State and federal environmental justice laws and policies have further emphasized the need for public participation in the decision-making process. Concern that minority and low-income populations were shoul- dering a disproportionate share of environmental and health burdens led to President Clinton issuing Execu- tive Order 12898 in 1994, which focused federal agency attention on environmental equity issues. In 1999, California became one of the first states to pass legislation codifying environmental justice in stat- ute. State law defines environmental justice as, "The fair treatment of people of all races, cultures, and in- 142 General Plan Guidelines comes with respect to the development, adoption, imple- mentation, and enforcement of environmental laws, regulations and policies" (§65040.12). Section 65040.12 requires OPR to develop guid- elines for cities and counties to address environmental justice matters in their general plans. The relationship be- tween environmental justice and the general plan is dis- cussed in Chapter 2. Although not expressly addressed by §65040.12, public participation is an important part of environmental justice. A well-designed public partici- pation process allows planners, decision -makers, and the community to engage in a meaningful dialogue about the future development of the city or county. OPEN MEETINGS In addition to any organized participation activities, state law allows the public to attend all meetings of appointed advisory committees, planning commissions, and local legislative bodies, with a few exceptions (Brown Act, §54950, et seq.) For more information on Brown Act requirements, see the California Attorney General's Office's publication The Brown Act: Open Meetings for Local Legislative Bodies (2003). GOALS AND OUTCOMES There are many practical reasons to involve the pub- lic in the general plan process or in any other planning process. These include: ♦ Providing valuable information leading to more in- formed policy development by decision -makers. ♦ Insuring the plan's successful implementation by build- ing a base of long-term support with the public. ♦ Reducing the likelihood of conflict and drawn-out battles by addressing public concerns during the general plan process rather than on a case-by-case basis in the future. This can also speed the devel- opment process and reduce project costs. Public participation as part of the general plan pro- cess can have positive impacts on the entire commu- nity, including: ♦ Educating the public about community issues. Chapter & Public; Participation ® Increasing thepublic's ability and desire toy-partici:- of your community. No two processes should be pate,-inAk comnumnity:. the same: QuestiOns :to. consider:include: Will com- Enhancing trust m government by strengthening: the" muh.1 members.need childcare in order to attend relationship betweenrelecte.d of ,6ials government_ meetings? Are:;r-.esidents more likely to participate staff,. and: the public; . on a" weekend or "earlyin the ""morning; due to, work Chapter 8: Public Participation Planners should seek to engage the complete range of community interests, such as environmentalists, de- velopers, the elderly, youth, lower-income residents, special needs populations, etc. Inclusive representation is critical in the planning process, as highlighted by the growth of the environmental justice movement. It is not enough to contact community groups. The process must be open and accessible to the entire community. This can be ac- complished in a number of ways. Language All communication should be done in all of the major languages spoken in the community. This in- cludes any advertising and written background materials. Some docu- ments, such as the draft general plan or the draft environmental impact re- port associated with the general plan, Plan may be infeasible to translate in their entirety. In such cases, the planning agency should consider translating an executive sum- mary into the major languages spoken in the commu- nity. Translators should be available at meetings when necessary. Those conducting the process should avoid using jargon, which can make it difficult for partici- pants to understand the proceedings and also can make translation difficult. ten attend evening meetings at which child care is pro- vided. However, evening meeting times may not work for the elderly, young people, or those with special needs. They may also preclude participation by those with evening jobs. A mix of weekday, weeknight, and weekend meetings will allow all segments of the com- munity to participate. "The general plan update process is an opportunity to build community connections by bringing people together to work for a better future. It is also an opportunity to educate community members about their community and build a sense of pride. " Advertising and outreach activities Identify the outlets where different segments of the population get their information, such as the local news- paper, the radio, church, civic or social clubs, and schools. Work with community leaders to identify the best ways to advertise the process and events to their constituencies. Location and time Hold events in locations where participants feel wel- come and that are familiar to them. This may mean holding meetings in several different neighborhoods. Work with stakeholders to understand which locations to choose. Some groups may feel comfortable meeting at local schools, while other groups may feel intimi- dated by schools. Meeting sites should be close to pub- lic transportation and comply with the requirements of the Americans with Disabilities Act. Schedule a variety of meeting times based on the needs of your community. Working families most of- 144 General Plan Guidelines ni Partnerships Work with a variety of stake- holder groups so that their members feel comfortable participating in the process. It is important to iden- tify and include groups whose re- jection of the outcome will make adoption or implementation of the plan difficult. Information Bruce Race Participants should have access to ng Consultant information about the issues that are being addressed by the process. This information should be objective and fairly represent different planning alternatives. Provid- ing adequate information helps participants work through emotionally charged and controversial issues. The process should allow time for participants to dis- cuss the issues and the impacts of alternatives. Communication Communication between the community, the plan- ning agency, and other process sponsors should be an interactive dialogue. Participants should be able to voice their questions and ideas to the process spon- sors. The sponsors should respond to participant con- cerns. TOOLS There are a wide variety of tools that can be used to inform and engage your community in a public partici- pation process. Pick tools based on the needs, strengths, and resources of the community. Use a variety of tools. Different people understand and access information in different ways. By using different techniques, you will reach a wider range of community residents. Below are examples of different tools you may wish to em- ploy. Mailings Mailings can be used to advertise your process, re- quest input, or share information. They can include: Chapter 8: Public Participation' P`IJ L["( PARTI IPA I'ON CASE S`TIJ DVe, Cutl r- ro s! Culter and .O' -rose are two unincorporated towns in Tulare County in the southern San Joaquin Valley. The majority,ofth-ese low�in.co.me communities' populations are Latino: Cutler is 97 percent Latino and Orosi is 82:p®rcent Far-,mworkers-,.rnake�up a large portion of the >population,in both communities.The two towns are co', -neo d andy�mtersecrtedIx by.; astate= highway. SR -63., In 2001; the Tulare County redevelopment Agency received5a Caltrans planning�g_rantto redesign�the:highwayto make it:safer:'for all users,; Iudingautomobiles,'` bicycles,and�pedestr:ans.VUhile not a general Plan update; the`carnnunity involvement strategies could` be adopted;for. an= update: process. PROCESS, DESIGN \Norkingfwith the:Local -.Governmenv Commission, _a statewide -nonprofit organization, the redevelopment agency_engaged?<in:extensive community outreach to,', involve the community i'nthe'project:Tools-and techniques included:: ® A residentadvisory-committee to help plan the process.This;committee,vvhich already existed to advise on redevelopment issues; suggested'that.the,,workshops havea festive atmosphere; including food and music. They: also,. let planners !know whi& days<and"times would not work for community members. ' ® The:formation of partners hips with: comrn'unity, organizations that were already trusted by the community, such -rich,r.ches ciuicgroups,and local'advocacygroups. ® Focus'groups with=c..ommunitypartners'andreommunity members in''avariety of accessible and unintimidating locati:ons: where, residents were',;used to`going;:,su.ch 'as churches; community centers, multifamily' housing complexes .peopl'es' home s;;local restaurants, n -d schools. Youth! activities to prepare,,for headesign charrette, incIuding a=focus-group with 5th graders and, an activity with`high school:students.Th'is alsohelped.torinvolve parents- ® Multiple method's of eventadvertising,lin both`: English and Spanish, including: Religious and other community groups announcing workshops to their constituencies Adver:-tisrnent-, in local: newspaper. .School' -districts: sending;home,-:''information withit ildren 4. ➢ Caltrans -posting the,.meetings on the iz portable ro.ad.sign 4long the highway ® A,desigp eharrette actiuityconsisting oftwo community meetings; one.to collect input and the other to get feedback';on the,- proposed design. ' LESSONSILEAKWD. Over 24,0.residents andTstakeholders�part cipated.intwo-large.commurTity events andinseveral focus group meetings:Th.e-organizers credit their,suec6tvtos Involving, community, members, andi organizations. inthe early planning stages: and incorporating their sug gestons in the outreachffo : erts and:charrette activities: ® Identifying,sources:that;the{ cornrnunity :uses.to receive infor,.,mation and,,iusing,those sources to advertise. ® Taking information to the community by h';olding,workshops;i , locations that were: accessible and familiar. ' ® Maki workshops. and i nformation:avaiI" ble in-th' languages of the par-ticipants. Designing workshops to.appeal to the community A group of corri`munity r:-esidents is in the process of forming:a nonprofit; the Cutler-Orosi Visioning Corn- rnttee,.to follow up: on,the I) hsof the',charrette::` For more; m formation- contact: Steve,.H6yt,,Local,Government:Commks►on (916)448 11198sho (c or Yt@ g� g re CountyRededelo�imentAgency, (55.9)' 7336291j6"rows@coaulareca:us:: James Btown;Tulo Chapter 8: Public Participation ♦ Mass mailings with response coupons or surveys. ♦ Brochures inserted into local utility bills. ♦ Newsletters. ♦ E-mail announcements. The types of mailing you use should be based on what you want to accomplish. Mass surveys or opinion mailings work well to broaden the range of participants in the process and can also share information about process scope, timelines, and issues. Newsletters work to keep the public updated on the progress of the pro- cess. E-mailed or mailed announcements or brochures are too short to contain detailed information and are best used to publicize the process or an event associ- ated with the process, or to direct residents to locations where they can obtain more information. Surveys Surveys are most often used in the beginning of a general plan process to help identify community issues and concerns and to identify residents' opinions about the strengths and weaknesses of their community. A survey can help identify issues to be addressed by the general plan and areas where residents would like more information. Surveys can be designed to provide sta- tistically accurate data or more qualitative responses. Surveys can also be in the form of interviews. In-depth interviews with selected stakeholders may help to supplement the results of a broader written survey. Surveys can be distributed in a variety of ways, in- cluding: ♦ Mailing them. ♦ Including them in community newsletters. ♦ Inserting them in utility bills. ♦ Printing them in local newspapers. ♦ Leaving them in city hall or county offices, coffee shops, and other community gathering places. ♦ Posting them on a website. One of the criticisms of surveys is that they solicit opinions from a public that may or may not yet under- stand the issues. Often, educational materials precede or are included with surveys to address this issue. A good survey includes the public early on in the pro- cess, broadens the range of those involved by including residents who do not come to meetings, and publicizes the general plan process. A statistically valid survey, while more difficult to conduct, can be very persuasive to decisions -makers and the public. 146 General Plan Guidelines Data Providing good, unbiased information will help par- ticipants address complicated, emotional issues. Data and information can be presented through issue papers, case studies, reports, and scientific studies. The draw- back is that this information is sometimes difficult to understand. Holding a workshop where topic experts ex- plain the issues and answer residents' questions may help increase understanding of complex issues. Partnerships Partnerships are valuable ways to build community awareness and enthusiasm for a general plan pro- cess. Civic groups can encourage their members to participate, hold informational meetings, and distrib- ute information. General plan process events can be held in conjunc- tion with other community events. You can set up a booth, distribute surveys, answer questions, and share information about the process. The media can also be a partner. Media outlets can publicize the process by announcing and report- ing on events, discussing the issues, printing educa- tional information, and publishing surveys and their results. Committees Committees can be used to provide guidance and information and more intensive involvement in the day- to-day general plan process. They are not a replace- ment for outreach and activities that require wider representation from the community. Different types of committees can include: ♦ Focus groups to identify issues and help strategize on outreach efforts. ♦ Neighborhood associations. ♦ Task forces developed around the specific issues or elements of the plan. ♦ Planning advisory committees and technical review committees to provide specialized input. ♦ A steering committee to provide ongoing policy and process direction and to address any problems that may arise. Meetings Identify what you want a meeting's outcomes to be when you are designing it. Do you want community input, such as identifying issues and community needs? Do you want to share information? Do you Chapter 8: Public Participation want feedback2' cessible-to thepublic. Planners should be available to Think about how you -.want eachry meeting, to- move: talk, informally about the planning process with visi the:process• forward..Fox'example . is>;your. meeting lir_ = tors. Consider having translatorspresent Open houses tended;to„ help.identify ffid five_ highest community pri can be 'combined :with. other tools, such as written or ,retie s;or. is it a me;etmg, to build crust? visual surveys.: Plan meetrngs; "e points_ duringthe,.gpjvral plan:. Visual�preference/community image;surveys,;which process=based onthe,des redontcome: TeltparMipants can accomjoithe: same thing as -tours but work for what:tie outcome*o,�ther;rneetinges.=zntended lobe and larger groups aril take less time: Tliese,surveys usually how, themformahon fr..amsthe meeting wi°h be-used`.in consistof.pictures of civic.buildings .,housing, streets9 the process: _ and design _elements, which .participants rate based on Meetings should be held In;:a variety of locations'to attract different segrrients..of thepopulation., Including refreshments_'.will:addao,-the: cost of the.meeting but may iinproNe turn out-'and; Chapter 8: Public Participation can be expensive and may not be the right tool for ev- ery process. Make sure that using technology adds to the effectiveness of your process. If technology is the right tool for your community but is unaffordable, there may be opportunities for your jurisdiction to partner with a local university, company, or non-profit organization to experiment with innovative technology. Websites allow for information- and idea -sharing be- tween the process sponsor and participants and among participants themselves. They are also a good way to keep people up to date on the process. Many jurisdic- tions use their city or county website to post informa- tion about the general plan process, such as progress, meeting dates and times, and supporting materials. A city or county may also choose to create a separate website specifically for the general plan process. Online technology offers the opportunity for community mem- bers to share ideas and ask questions and can allow for a greater number of people to participate without hav- ing to attend meetings or workshops. E-mail can be used to send meeting reminders and updates to the public, as well as to receive input on planning issues. However, not everyone has access to this technology. Always pro- vide information in several different ways; for example, mail out a survey, send e-mails to those with Internet access pointing them to a website where they can fill out the survey, print the survey in the local paper, ad- vertise the website address, and advertise a phone num- ber where residents can call and request that the survey be mailed to them. Electronic voting technology uses hand-held poll- ing devices so participants can share their opinions with each other in real time at a meeting and give feedback to decision -makers. Some companies market electronic 148 General Plan Guidelines town hall meetings. These meetings use electronic vot- ing and other technology, such as networked laptops, instead of flip charts to share information and opinions more quickly. Computer simulation and modeling lets the com- munity see how proposed projects and policies would look. This can make new ideas easier to understand and support. Some communities are putting modeling programs on their websites and allowing participants to create and submit scenarios. Many of the modeling programs use a geographic information system (GIS) to map existing conditions. Examples of modeling pro- grams include: ♦ The Index model, which evaluates proposed changes and their cost and impact on a wide range of issues, including traffic, the environment, energy use, and quality of life. For more information visit www.crit.com/index. ♦ PLACEIS, which is based on the Index software. It focuses on energy as a measure for how a plan will impact a community's environment and economy. For more information visit www.energy.ca.gov/places. ♦ CommunityViz, which is an interactive 3-D model- ing program that uses planning data to create multi- dimensional images of proposed plans and alternatives. For more information visit www.communityviz.com. The U.S. Department of Energy maintains an online database of community design and decision-making tools. To view this database, visit www.ncat.org/ comtool. Another useful source of information on these types of tools is www.placematterstools.org. CHAPTER 9 mine -e em -,.n Imp the Ge.neral-PlAn All statutory references am,toz the, Cal fornia Government- Code unless otherwise noted. good;plan goes.,to.=waste if it sn't imple- ment unless ,heir charters. provide otherwise. An in- mented For its impaernentatiori, the::general= depth. discussion of zoning consistency can be found Tan primarily relies:upon regulations, ouch later;this chapter under the. heading "Consistency in as specific plans,; the zoning; ordiriance;,and`subdivi= Implementation." cion ordinances; and public project consistency: require= ; ments-: State:; law :requires cities and. counties„to Have: Z®nine `T®®is subdivision', and build"ing„regul"atigns and open_space: " 'The:following are some common examples of zon- zoning; while mast of the other..measures described in in'g provisions that can be used to further.general plan this chapter,:are adoptea:`'at thio discretion of the city or objectives and policies. <countg Ifthe objectives; policies; and prop osahs ofl h ®' �Iuste'n�ng A -district that allows he cluster- general` plan: are- to"be served --.effectively nnplement= mg measures must be carefully chosen;. reflective b :1 ing of structures upon a given site,in the interest of local: needs; ;and. carried>out as an. in, ro. ram- p g preserving open space. Cluster zones typically have - of complementary: ands mutually reinforcing actions. ,:' aaow standard for gross ,residential density and a high: minimum open-space'requrement to encour- ZONING' age he clustering of structures. Zoning is one of the primary r tans of implement- ®` C®�adltf®nal use permit.-Permit..A discretionary ing a general ploJn contrast to theklong=terrn,outl Wk< . permit that enables a city,'or, county to consider, on of the general plan, zoning classifies the`specific, im= anmdividual basis; specific land uses that might mediate uses of land The, success.- of a general plan, otherwise. have undesirable .effects upon an area and in.particular tke land:use element,. rests in -part upon and, to approve such uses ;when, conditions can be the effectiveness of,a consistent. zonrng: ordinance3 rri placed ori them that would:: old"those effects. translating the long term ob�;ective`s and° policies con= �- Desiga� review: Required review of project design tamed in the°pl'aninto everyday d`ecisons� aria/or'architectural'features forahe purpose of en= 'The typical zoning ordinainc"eguTates land use by surfing compatibility with established standards. It dividing the community into. districts or "zones" and; is often used,-imhistoric districts or areas that have specifying the,uses thatare to be p.errnrtted;,condrtion,= a distinct character worthy., of protection. Design ally= permitted, and prohibited. within each zone .Text: reuie, s a means of enforcing aesthetic standards. and rnap(s)x.descrbe° thio distribution and' intensity of ® FI®a ting z®iae: A district described in the zoning land uses in such:categories as` residental, c:omrner- ordinance but not given a specific location on the cial,: industrial,, dr, open..,space-. . On; the zoning; maps, zoning° maps: until a property owner or developer landuses of cornpatib'1.e: intensity are=usually grouped applies for it: 'Planned Unit Development (PUD) together. and obnoxious or haz,ard`ous-,uses are septi= zor%ing. is a common example of a floating zone. rated. from: residential areas' to the extent possible Floating° zones', can,implement development stan- Written regulatioins` establish procedures for consid= dards° established in the general plan. eying proj e.c'ts,'standards for minimum lot size;` build= ing height and setback limits, fence heights, parking, r.F1 ' dpI zone.: A district that restricts devel- and other. d'e elopmentr parameters within each. land , opment within;,deaineated fiooaplains in order to 'and avoid placing; people structures in harm's way, use zone: In counties, .general law cities,: and charter cities and' obstructing flood flows. 'The zone may al= with a population of more than two million;, zoning low for,agricultural, open- pace or similar low -in- provisions:' mus , be, consistent with the: eneral p g,- p. tensity�uses. (§65860). Charter citiesuwith' a population of under two_ TIift de 6VeIdpment ordinance: Provisions regu- million are,,.exempt,7 the zoning; consistencyiequire:. hating. development on steep slopes, often by es- General Plan Guidelines 149 Chapter 9: Implementing the General Plan tablishing a direct relationship between the degree of slope and minimum lot size. This can implement specific policies and standards that may be found in the land use, open -space, and safety elements. ♦ Mixed-use zoning: An ordinance provision that authorizes several land uses to be combined in a single structure or project. It is often used for of- fice/commercial/high-density residential projects, such as San Francisco's Embarcadero Center, and increasingly for urban projects that combine ground floor retail/commercial with residential units above. ♦ Open -space zoning: Section 65910 specifically requires the adoption of open -space zoning to implement the open -space element. Similarly, the Timberland Productivity Act (§51100, et seq.) re- quires local governments with qualifying timber- lands to adopt Timberland Productivity Zoning (TPZ) for qualifying timberlands. ♦ Overlay zone: Additional regulations superim- posed upon existing zoning in specified areas. Sub- sequent development must comply with the requirements of both the overlay zone and the base district. Historic districts, airport height restrictions, and floodplain regulations are commonly estab- lished by overlay zones. ♦ Planned unit development (PUD) zoning: A type of floating zone designed to provide flexibility in project design and standards. It is usually charac- terized by comprehensive site planning, clustering of structures, and a mixture of land uses. A PUD can implement specific density, open -space, com- munity design, and hazard mitigation standards contained in the general plan. ♦ Specific plan zone: A district that mandates the preparation of a specific plan prior to development. The specific plan establishes zoning regulations tailored to that site, consistent with the general plan. ♦ Transfer of development rights (TDR): A device by which the development potential of a site is sev- ered from its title and made available for transfer to another location. The owner of a site within a transfer area retains property ownership but not ap- proval to develop. The owner of a site within a re- ceiving area may purchase transferable development credits, allowing a receptor site to be developed at a greater density. The California Coastal Commis- sion has used this technique to "retire" antiquated sub- division lots in environmentally sensitive areas. ♦ Tree preservation ordinance: Regulations that limit the removal of specified types of trees and require replacement of trees that are removed. Conventional zoning divides municipalities into a series of mapped districts (zones), and then assigns a permitted use(s) to each zone. Critics of conventional zoning point out that it ignores the importance of design. One alternative to conventional zoning is known as the form -based code. Compared with traditional zoning, a form -based code doesn't focus on specific uses. Instead, you start with a question—what does the community want to look like—and then work back from there. Physical patterns—the design of buildings, streetscapes, and civic infrastructure are the central issue. Form - based codes control only the most important physical attributes of a group of buildings.This often includes their alignment on a street, the disposition of space between them, and their overall height. Typically, such controls are not expressed as absolutes, but rather as ranges of acceptable values. Form -based codes are more visual in nature and are thus more understandable to the community than complicated zoning regulations. The emphasis on design supports mixed-use development and allows uses to evolve as the market changes. One can study older towns and find that in their development over time, land use regulation was secondary to form. The mix of uses has responded to market forces and buildings have changed their uses any number of times since they were built. A form -based code is a useful implementation measure for achieving certain general plan goals, such as walkable neighborhoods and mixed-use and transit -oriented development. As of this writing, no local government in California has entirely replaced its conventional zoning ordinance with a form -based code. However, form - based codes have been used in selected planning areas. 150 General Plan Guidelines county officials should�consult with th - legal Sed counseIAo,,,determine:what degree of"level"opment Hari control is reasonable: tial ® Regional houslnng needs: Local governments"must dist consider the effects -.of proposed.ordmagoo on re.,- are availability of publicaervices,fisca] environinentahly suitable sites.. A zo portunities (§65863:,6),: Pursuant to: FO car gover-iment mus.t:zone a sufficienVar dr u- nflts:-' Local: governments may; by ordi- provide for the creation of second residen- pits: in single family and"multifamily zoning is (§65.852,.2): The ordinance may designate where: second units are permitted, based on led' criteria,. as well as impose certain zoning :sign conditions:. Second. unit applications �e: considered ministerially without discre- y. review or a °hearing. A, local' government t; Iadopt an ordnance; totally ,precluding sec- aits'- unless it: makes- certain -findings. In the Xe of any- local, ordinance; state law provides approval of second' units that meet the re vacant land; for. residential use to: rnaintair a bat= quired; standards. General= Plan° Guidelines 151 Chapter 9: Implementing the .General Plan Z•oning-l2eflated Statutes ance with land zoned for nonresidential use and to Although=local goveminents have broad: discretion meet the community's housing needs as projected in. zoning. matters;. there are a, number ofstate=man- in the housing element., In addition, § 65 863restricts dated' zoning; requirements; that: directly relate: to the the ability of a city or county. to- reduce, through- general plan:. The.: following summarizes most of the administrative, quasi-judicial, or legislative action; requirements�,that=applyto.general;l'awcities; charter cit- the residential density, of any parcel o a density ies: with a population.abovelwo, m111ion; and`counties:' : lower than that used by the I3epartment of Hous- urplans scIlio. fl sites School districts -may request ing and CommunityI�evelgpment (HCI3) in deter the . -rt of certain surplu=s school: sites mining compliance with housing element law. Q65852'.9)°;J e city or must zoneahe �k H®ats.Ing deveflopment.projectso'Sect on 65589.5 site consistently with the general plan The'local restricts cities and counties,:from disapprovinghous' government may not rezone: surplu school;sitesto ing :development project affordable' to very - low-, open.=space; recreational;. or park uses -unless sur;-. low= or:`moderate-income. households except un- rounding ,lands' are:.siinilarly zoned or the ?"school der certain circumstances: These circumstances in- dis:tnct, agrees. o the rezoning: elude inconsistency with the general plan,. specific unavoidable- impacts on the public health and Rezoning S:ection.65859allowsacitytoprezone: safety; and overconcentration of low-income house - adjacent unincorporated' territory. The prezoning. holds, among others. This code section further re= action: is subject t64h requirements; applicable to-, stricts'the ability of cities and counties to disapprove zoning in the:city, including the requirement for con= or :lower file density of a;: hou ng development ' sistency with the genera'1 plan. Prezoning has no regu= projectahatinconsistent with 'g-:eneral:-1, and.zon- latory ef%ct until the property is; annexed to"the city uig standards unless there is an,iinpact.on-the pub- Local."agency.:formation_ commission (1✓AFCO),law aic health and safety that cannot otherwise be requires'prezorimg,as,part`offhe annexation process. mitgate'd' ® Iinter or,,4 nce ;Ciiies.and counties may enact D6hsltv.bonus: Local governments must provide county officials should�consult with th - legal Sed counseIAo,,,determine:what degree of"level"opment Hari control is reasonable: tial ® Regional houslnng needs: Local governments"must dist consider the effects -.of proposed.ordmagoo on re.,- are availability of publicaervices,fisca] environinentahly suitable sites.. A zo portunities (§65863:,6),: Pursuant to: FO car gover-iment mus.t:zone a sufficienVar dr u- nflts:-' Local: governments may; by ordi- provide for the creation of second residen- pits: in single family and"multifamily zoning is (§65.852,.2): The ordinance may designate where: second units are permitted, based on led' criteria,. as well as impose certain zoning :sign conditions:. Second. unit applications �e: considered ministerially without discre- y. review or a °hearing. A, local' government t; Iadopt an ordnance; totally ,precluding sec- aits'- unless it: makes- certain -findings. In the Xe of any- local, ordinance; state law provides approval of second' units that meet the re vacant land; for. residential use to: rnaintair a bat= quired; standards. General= Plan° Guidelines 151 Chapter 9: Implementing the General Plan SPECIFIC PLANS A specific plan is a great tool for systematically implementing the general plan within all or a portion of the planning area (§65450, et seq.). Any interested party may request the adoption, amendment, or repeal of a specific plan. A plan may be prepared by either the public or private sector, however, responsibility for its adoption, amendment, and repeal lies with the city council or county board of supervisors. As a legisla- tive act, a specific plan can also be adopted by voter initiative and is subject to referendum. At a minimum, a specific plan must include a state- ment of its relationship to the general plan (§ 65451(b)) and text and diagram(s) specifying all of the following in detail: ♦ The distribution, location, and extent of the uses of land, including open space, within the area cov- ered by the plan. ♦ The proposed distribution, location, extent, and in- tensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. ♦ Standards and criteria by which development will proceed and standards for the conservation, devel- opment, and utilization of natural resources, where applicable. ♦ A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the pro- visions of the preceding three paragraphs (§65451(a)). ♦ Any other subjects that, in the judgment of the plan- ning agency, are necessary or desirable for general plan implementation (§65452). Pursuant to §65103, each planning agency shall perform all of the following functions: ♦ Prepare, periodically review, and revise, as necessary, the general plan. ♦ Implement the general plan through actions including, but not limited to, the administration of specific plans and zoning and subdivision ordinances. ♦ Annually review the capital improvements program of the city or county and the local public works projects of other local agencies for their consistency with the general plan, pursuant to Article 7 of the Government Code (commencing with §65400). ♦ Endeavor to promote public interest in, comment on, and understanding of the general plan and regulations relating to it. ♦ Consultand advise with public officials and agencies;public utility companies; civic, educational, professional, and other organizations; and the general public concerning implementation of the general plan. ♦ Promote the coordination of local plans and programs with the plans and programs of other public agencies. ♦ Perform other functions as the legislative body provides, including conducting studies and preparing plans other than those required or authorized byTitle 7 of the Government Code. After the legislative body has adopted all or part of a general plan, §65400 requires the planning agency to do both of the following: ♦ Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or elements of the general plan so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open -space land and natural resources, and efficient expenditure of public funds relating to the subjects addressed in the general plan. ♦ Provide an annual report to the legislative body of the city or county, the Office of Planning and Research, and the Department of Housing and Community Development on the status of the plan and progress in its implementation, including the progress in meeting the jurisdiction's share of regional housing needs determined pursuant to §65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of §65583. 152 General Plan Guidelines General Plan Guidelines 153 Chapter 9 Implementing the General Plan Aspecifie;plan is esp:eciallyusefu-i forlarge projects; - same manner as it is amended '(§654,53(b)). To defray as well:as for.sltes, withenvironmental,and fiscal con- the cost of specific plan preparation -, ,a city or county stram-ts A specific: plan: may beT adopted,by resolution may impose a fee upon persons whose projects must (like a general_ plan) ory ordinances (like a. zoning -ordi- be consistent, with the plan. The fee must be prorated nano 0). Some jurisdictions- have chosen. to adopt the according to`the benefit' a person receives from the spe= policyiportions oftkeir specific plans by resolution, and cific plan(§,65456). the' regulatory, portions; by ordinance.- This, enables, a For more information about specific plans; see OPR's city,,.,or; county to> -assemble,.. ih one. p cka,ge,a set of publication The Planner s° Guide,to Specific Plans. land:use spe;cific.ations> and implementation programs tailored to,Ftheunique.cl aracteristics of aparticular site. NS SUBDIVISION REGULATIONS Aregulatory:specific, plan often hasadvantagesover. Land -cannot be subdivided for sale, lease, or €inane- zoning A.comrnurilty's:eontrol of development plias`- ing in California without local ,government approval. ing .provide's a good .example. The :regulatory _effects The Subdivision Map Act (§ 6641`0 et seq.) establishes of zoning. --are immediate, while the,:provis ons :of a gen- statewide': uniformity mi i local ;subdivision, procedures eral. plan.. are long erm::If-a general plan's iinplernen= while giving; cities and counties the authority to regu- tatron== is limited to zoning;. phasing a long term: late the design and improvement of subdivisions, re-> development. sothat it meets the general.plari'sob�ec- `quire .dedicatoiis of public improvements or related tives can:be difficult. The.one-time adoption of a specific impact fees, ;and require compliance with the`objec- plan. that: stipulates _development tiniirig,:.or, schedules -in- tives;and policies .of he general plan. This includes the frastructure installation -.can solve -the: problem. a thou ao a rove and desi street alignments, street .ty pp gn Statutory provisions.:allow::.streamlined-,,permitting grades and:widtlis,'drainage and,anitary facilities,lot size once.a= specific plan is iii place. For example, residers- :and. configuration, traffic access, and other measures tial. developruent,01.6i is ares exempt from CEQA if ".as.rriay be necessary or. convenient to insure consis- they implementand are 0011. stent:with-a specific plan tericy with, or implementation of, the general plan or any for wllch an EIlor supplemental'EIR 1%as'been pre-, ,applicable specific plan" (§6641"� and §66419). pared(§65457)`. Theseregulatorypowcrs can promote the usual ar- A specific.plan can:.re,duce development costs Forr ' ray. of land use, circulation, open -space; and safety, c1- example, the specific plan's landruse specficato �, iii _.: ement objectives, policies, and plan proposals.Good General Plan Guidelines 153 Chapter 9: Implementing the General Plan ♦ Access to coastline or shoreline. (§66478.11) ♦ Access to public lakes and reservoirs. (§66478.12) ♦ Drainage and sanitary sewer facilities. (§66483) ♦ Bridges and major thoroughfares. (§66484) No tentative subdivision map or parcel map can be approved unless the city or county finds that the sub- division, together with design and improvement pro- visions, is consistent with all aspects of the general plan or any applicable specific plan (§66473.5, §66474, and §66474.61). Lot line adjustments must also be con- sistent with the general plan (§66412). The local gov- ernment must deny a proposed subdivision if it finds that the proposed subdivision map is inconsistent with the general plan or any applicable specific plan; the design or improvement of the subdivision is inconsis- tent with the general plan or any applicable specific plan; the site is physically ill-suited for either the type or proposed density of development; or the subdivision's design or types of improvements are likely to cause substantial environmental damage, sub- stantially and avoidably injure fish or wildlife or their habitat, or cause public health problems. Cities and counties must make written findings of fact supported by substantial evidence for each of these matters when deciding upon a subdivision. The special rules applicable to vesting tentative maps are worth noting, as detailed in §66498.1, et seq. When subdividers receive city or county approval of a vesting tentative map, they also obtain a limited right to develop the subdivision in substantial compliance with those ordinances, policies, and standards (§66498.1(b)) in effect at the time the application was deemed complete (Kaufman and Broad v. City of Modesto (1994) 25 Ca1.App.4th 1577). If, however, a local agency has initiated formal proceedings to amend applicable plans or regulations prior to the application being deemed complete, the amendments, if adopted, will apply to the vesting map. The local agency may condition or deny building permits for parcels created under a vesting tentative map if the agency determines that a failure to do so would threaten community health or safety or the condition or denial is required by state or federal law. The vesting tentative map law applies to all subdivisions, including commercial and industrial tracts. CAPITAL FACILITIES Capital facilities must be consistent with the gen- eral plan (Friends ofB Street a City of Hayward (1980) 106 Ca1.App.3d 988). The network of publicly owned facilities, such as streets, water and sewer facilities, 154 General Plan Guidelines public buildings, and parks, forms the framework of a community. Although capital facilities are built to ac- commodate present and anticipated needs, some (most notably water and sewer facilities and roads) play a major role in determining the location, intensity, and timing of development. For instance, the availability of sewer and water connections can have a profound impact upon the feasibility of preserving agricultural or open -space lands. The general plan should identify existing capital fa- cilities and the need for additional improvements. The circulation element is the most obvious place to ad- dress infrastructure issues, but it is not the only element where capital improvements come into play. For example: ♦ The housing element implementation program must identify adequate sites for various housing types based in part on public services and facilities. ♦ The safety element must "address evacuation routes, peakload water supply requirements, and minimum road widths ... as those items relate to fire and geologic hazards" (§65302(g)). ♦ The land use element must include education -re- lated land uses, open -space for recreation, public buildings and grounds (the placement of public buildings may play an important role in urban de- sign), and solid and liquid waste disposal facilities. ♦ The open -space element may consider "open -space for outdoor recreation... areas particularly suited for park and recreation purposes" (§65560(b)(3)). It may also address open -space areas for protecting water quality and for water reservoirs. ♦ The conservation element can address flood con- trol measures and is required to be developed in coordination with any countywide water agency and with all district and city agencies that have "de- veloped, served, controlled or conserved water for any purpose for the county or city for which the plan is prepared" (§65302(b)). Local governments can underscore their interest in public services and facilities by adopting an optional public facilities element, as is discussed in Chapter 6. According to OPR's 2002 local government survey, over 20 percent of cities and counties have some form of public facilities element in their general plan. Each year, the local planning agency is required to "review the capital improvement program of the city or county and the local public works projects of other local agencies for consistency with their general plan" (§65103(c)). To fulfill this requirement, all departments within the city or county and all other local govern - Chapter 9: Implementing the General Plan rnentalag.encies. (including cities, countes,.school.d'is= available to a local government for„irnplementing its tricts,.'and special: districts),. that- construct capital fa- general plan,, and particularly': is land use and Housing cilities'l must ,submit a,,, list. of _propo,sed, projects to the elements. Wherethe-private ,sector; alone is unable,or planning agency (_§6540;1). unwilling to ,,assemble land and invest the necessary In .leu.of consider-ing indxsdual. projects or only capital for,revitalizing blighted;areas; redevelopment those,projectsJo.,be undertaken,m a>;single year:; many, is a means of focusing resources to transform -a dete- c ties. and,counties7prep'are. and annuallyrevise 'a 5 ta- riorating'area-into a Healthier part.of the community. 7 year;'capital uizprouement .program (CIl'). T.le C.IP`` The city ;or county planning commission must re- pro�e'cts, annual;expendltures for ac,quisrton,.construc- view a rede�eloprrent plan before:it'is adopted`by the tion;:maintenance reliabihtation;_ and:repl'acement. of , city council-6rboard'of'supervisors.; The law,requires pubhc:_buildings'and faclities;including sewer; water;. that a city or county, have ariadequate' general ,p°lan and: street impro ,ements,,_'streetJights; traffic' signals; before it adopts aredevelopment.plan. Any redevelop - parks, and police.and. fire, facilities. In:r-apidly devel= meat plan °must conform to thb-4dopted -general plan opmg-�areas,Ra C, 1p"doordi fated with=a.general plan can (Healthrand 'S,afety Code §33302 and`§:333.31). Arede-- help.,shapeand time growth accordmg,to adopted ed -poli velopment plari.inustinclude; among other things; plans an cies In an older. city with a declining tax: base d d'e= for streets; buildings, and open space; a< statement of tenoratmg capital `facilitie s; ar CIR Qan. help..sti nulate the effect of the plan on existing residents of the area; private mve tnient or.' stabilize. and rd older a description-:of:the proposed fiiancingin ds and a neighborhood s.by demonstrating a public;comrnitment plan for`'the' participation of affected property owners. to the provision:, of key publicfacilties on a predeter- ®nly:predominantly urban:areas that are physically mined'; schedule... ` and, economically blighted =qualify' for inclusion in a Many. f6dei"ant,.,pro am, s includ tigahose'un- redevelopmentParea. "Physical blight' includes any of der the Clean Air: Act and` .t1 e, Transportation <Equity the following unsafe or -unhealthy Guild ngs; factors Act for the..2a st,Century (TEA 21) xequ�re or pxornote that prevenfor hinder economically viable -use of build consistencyb:etweensfederaldy assisted eapital:projects ings or ots; proximate incornpatibde uses that prevent and local;, regional, and; state>plans; Efor.example, the economic ,de.velopment; or'lots-of irregular shape and Clean:Air Act re..quiresthat,the population -projections form, in .multiple`'ownership ,that are not useful or de-' used in:plaiming capita=l £aci ities.eonform.to`the_ as= velopable: Economic blight".; ncludes one of the fol- sumptons_contained m tlie=regional air: quality man- lowing: depreciated or tagriant property values or agement pians adopted as pant of th.e. S.tate: impaired investments, abnormally high business va- Implementation Plan„(SII')° when€ federal. fundmgA or caneies low. ease rates,'high turnover rate" -.abandoned approval,is sought The;federalgovernment gives:pri= buildings or excessive numbers of vacant lots, a lack or tb unplementmg diose programs :that conform to, of necessary- commercial facilities, .residential over - the SI=P arid;wihlxnot fund„those that do not. crowding or, an excess: of bars and liquor stores, or a Capital -:improvements also'have regional: imp. ice= h ghz crime rate tions ;:Thegrowmg mterrelatednessof.pl`anning.issue Agricultural and open -space lands- that are amore°g, local governments apphesldirectlyto loc°al capi- en£or.cea , y restricted; such as 'land enrolled in tal.irnprovementprojects. They location, of mayqv, roads,. VJilharnson Act contracts; may not be included within sewer.:'facihtes; water trunk lines_and:.ernergency, sex , . a redevelopment project area. Nonrestricted agricul- vice buildings,withm. the city or, county can affect -sur tural.I 1"and, larger.than. two acres may not be included rounding:comniunities by encouragiiig Or defleeting;.tl ej. unless specified findings are made: If a'project area direction of''growth. Although the::LAFC®='exls,.s�: to contains agriculturalaand, the project's draft ElRmust encourage the .orderlyprovision of services=within cit be circulated to the Department of Conservation, speci- ies and- special: districts, -,A i"s:selda.m an. effective sub f ed: ag-ncultural entities;, and general farm organize- stitute- for- every city; and:: the county, consulting and - .tions (Health,and Safety Code :§33333;3(b)). cooperating.4with its neighbors. Re& ' 'I prrient; agency powers may be put to use to-meet.land use element objectives; such as revitaliz- REDEVELOPMENT” ing a ;depressed urban center. Within the project area, State- cornrnunity ,redevetopment law (Health= an'd the agency may. -acquire land; manage' property, relo- Safety`Code §33000, et5seq:)..authorizes cities and court cite+people `andbisinesses, :prepare sites, build facili- ties,to=carry'out redevelopment projects: in bhghted,ar t�es,,se11' land; and:rehabilitateauildings_ and structures. Redevelopment is one, of the' mostpowerful to ols,"A",retie ,elopment;agencymay acquire land by purchase, General Plan Guidelines 1"55 Chapter 9: Implementing the General Plan lease, or gift or by eminent domain (Health and Safety Code §33391). It may construct public improvements alone or in cooperation with other public authorities (Health and Safety Code §33421). It may clear and grade land for lease or resale to people who agree to develop the land in accordance with the redevelopment plan (Health and Safety Code §33432). The agency is required to prepare a relocation plan for people and local community institutions that a redevelopment project temporarily or permanently displaces (Health and Safety Code §33411). Redevelopment agencies also have the power to im- prove and develop housing. Thus, agency funding can play a crucial role in meeting regional fair share hous- ing needs. Each redevelopment agency is required to set aside 20 percent of its tax increment revenues in a special Low and Moderate Income Housing Fund (L&M Fund) unless the agency makes certain findings. Reports filed with HCD for fiscal year 1995-96 indi- cated that ending balances in L&M Funds statewide totaled over $515 million. These funds can be an impor- tant source of financing for housing element initiatives. Most redevelopment agencies rely primarily on tax increment financing to fund their activities. The tax increment is the growth in property tax revenue above the level that existed prior to creation of the redevel- opment area. The increased margin or increment of tax revenues from subsequent improvements goes to the redevelopment agency instead of being turned over to the usual taxing agency (i.e., city, county, or special district). This lasts until the project is completed and any project bonds repaid. In addition to using tax increment financing, the agency may accept loans or grants from agencies of the federal government, state government, or any other public agency. One of the main funding sources for redevelopment has been the federal Community De- velopment Block Grant program. DEVELOPMENT AGREEMENTS A development agreement is a contractual agree- ment between a city or county and a developer that identifies vested rights that apply to a specific devel- opment project. By its nature, it offers opportunities for a city or county to assure that general plan objec- tives, policies, and plan proposals will be implemented as development occurs within an area. A development agreement provides that, for a speci- fied time period, the rules, regulations, and policies that are applicable to a particular development will not change. This gives developers who have otherwise yet to attain a vested right to develop a degree of assur- 156 General Plan Guidelines ance that their project preparations will not be nulli- fied by some future local policy or regulation change (e.g., the rezoning of a commercial project site to resi- dential), with limited exceptions. In exchange for the privilege of a regulation "freeze," the city or county usually will obtain certain concessions from the de- veloper. For example, the developer might provide extra affordable housing, open space, or public facilities. Development agreements must specify the duration of the agreement, the permitted uses of property, the density or intensity of use, the maximum height and size of proposed buildings, and the provisions for res- ervation or dedication of land for public purposes (§65865.2). In addition, development agreements may include the conditions, terms, restrictions, and require- ments for subsequent discretionary actions; provide that such stipulations shall not prevent development of the land with regard to the uses, densities, and intensities set forth in the agreement; specify the timing of project construction or completion; and set forth the terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time. One advantage of development agreements is that the developer may be asked to obligate the project to improvements that exceed the usual legal limits on ex- actions. The limits do not apply when the developer has voluntarily entered into a contract with the city or county. A disadvantage of development agreements is that a city or county may be unable to respond to a changing market or apply new regulations to a project that is controlled by a long-term development agreement. A city can enter into a development agreement cov- ering unincorporated territory that is within its sphere of influence. This allows for planning in advance of an annexation. Such an agreement is not operative un- less annexation proceedings are completed within the period of time specified by the agreement (§65865). If territory covered by a county development agreement becomes part of a newly incorporated city or is an- nexed to a city, the agreement is valid for its original duration or eight years from the date of incorporation, whichever is earlier. It is important to stipulate the existing rules, regu- lations, and policies that will be subject to a develop- ment agreement. In the absence of such specification, all development rules, regulations, and official poli- cies noted in §65866 that are in force upon the execu- tion of a development agreement will be frozen. This could result in unanticipated consequences for both a developer and a city or county. A detailed specific plan prepared and adopted prior to a development agree- ment is one way to specify development details for a Chapter 9; Implementing the General Plan site, including.thexegulahons andpolicies that would earthquake, the law allows cities and counties to use apply underthe developmentagreement. Specific plan building standards that`.provide for the; protection of preparation can also facilitate. further citizen, partici- the occupants but that are less rigorous in other respects pation 4plannimg a. development: than currentbuilding standards (health and Safety Code § 19160, .et` seq.): BUILDINGH US[NG , DES Code enforcement and abatement procedures are A.,c.ommunity's.burlduig:and ho,,usmg:codes:imple- another means of implementing the general plan, par- mentpnmarly the; landuse,,housug; noise; and�s.afety ticularly the..lousing and safety elements< Various state eTernents.. Building and.kousing codeshave:their great- laws and regulations spell out abatementprocedures est effect on: new. construction and' rehabilitation, but that local government may enforce upon buildings that, certain parts ofthe::codes apply to.:the iise; maintenance, because they are substandard or unsafe constitute' a change occupancy, and public.healtli and safety.haz- public nuisance.,, most common procedures involve ards of existing;buildings.. citation and misdemeanor action on the part of the city State housmgTaw {PIealth;.and°Safety Code §1791Q; or county to; mandate abatement by repair, abandon - et seq.) requires, cities. 'and countie:s..ta. adopt regular menta or. dermlition. tions:iinposing substantallytlieKsame requirements as those contained.in the,:,various uniform.industry codes: ACQUISITION the Uniform I=lousing.�,Code the . ifornr Building City and county acquisition of real property rights Code, the.Unif im Plumbing; Code, he National Elec- can help to..}implement'the plan proposals of the land trical Code; andAhe',,Uniform- .MPchamc,AI Code.. State use, circulation and open -space elements. In imple- housing law, applies,tobuildings such as:.apartments menting the Iand`use element cities.and counties may hotels; mote'ls,.lodginghouses„manufacturedaousing acquire' land designated for government offices, po and dwellings ,but: not: to rnobilehomes .Iin addition to lice and fire stations, parks, access easements, etc., or meeting the require mentsof state housmg law; local codes for public purposes: such as urban redevelopment. With mush also comply with other- state requirements related regard'to the: circulation element, .local governments '. ublifire saftY9 noisensulationsoil`srePorts;. earthquake pro- may ac uireladfor c rihts-of-way(e.g streets, tection energy nisulah`o ,, and:.access for the:disabled: sidewalks, bicycle paths, etc.), transit terminals, air - 1:1;4 or I coon when adotin rt t C't” d ti d , p g, the uniform..c0did ` to. n ake•such..clianges-"as:it detier.- po s, e c . i, es an coon es may a vance open -space element policies and proposals through the acquisition mores° . arc=reasonably neee'ssary l ccausetof local c°l =' of open space and conservation easements. uratic; geological ortopograpl me,& c'on , i, ns" (Ica+lth ®pen~ space acquisition has some advantages over and Safety Code . §,17,9"58 5h) Further, tlie; local= build= purely regulatory approaches toimplementation, such ing department'can authorize the use of materals:and as zoning Ownership ensures. that the land will becon- construction methods.other than diose sped le., intl e trolled by either the city, or county or another public uniform codes_where the4ep'artment:fords "the:pr:.oposed agency: Acquiring an open -space or conservation des gn�satisfactory=and;the:maftals or>methodg at,, least easement rather than full ownership ensures that de - equivalent to those prescribed` by; the ui`forrn co.d'e velopinent :will, be limited, while the private land - with regard'to performance,.` 9 ety,.;--and the protect%on . owner who: continues to. hold the underlying rights is -- of life:: and health ;(Health'> and. Safety Code §1;795.1~): compensatedf&-,lost development opportunities. This These -provision s can beused=to.promote the. construe= avoids the question of whether regulatory limitations tion of., affordable°,housing and:. the rehabilitation of have unconstitutionally "taken" private property substandard housing.;: without just- compensation. Other provisions, are particularly usefuh-where-. a The primary.disadvantage to acquisition.is its cost. communit , ntends to encourage historicpreser..Vation:, 'Land: often is, expensive, particularly when urbaniza- IIealtl and. ' Safety Code § 17:958..8:' allows, the:'use,<of . ; tion is unminent orwhere the supply of potentially de - original materials and -construction] methods in. older' . buildings.. Heald wand. Safe` Code velopable landr is limited. ponding sources, such as taxesand assessments, are limited inthispost-Proposi- quireslocal.enforcement. agencies: to consider needs tion 13 and`post-Proposition 218 environment: A suer expressed,. in- the° housing eaement when de:'cidmg c.essfl= acquisition pr,o.gram often in the whether -to,,, -.-,require abandonment or repair of`a sub_..°: resourceful blending.of several funding sources: standard,dwellmg -Inthereconstruction of older build= Acquisition cantake:;various forms. An overall pro- in-gs that woul'd`'be, hazardous in. the event of a>n ; 'gram can be ied°torgeneral'plan consistency or'a cap - ME Genera[ Plan Guidelines 157 i Chapter 9: Implementing the General Plan tal improvements program. A city or county, in con- sultation with its legal counsel, may wish to con- sider the following: ♦ Fee simple absolute interests: A fee simple absolute estate in land consists of all the real property interests associated with the land, including the rights to sell, lease, and develop the property. Consequently, fee simple absolute ownership entitles a city or county to develop or not develop the land as it chooses. ♦ Easement interests: An easement consists of a por- tion of the rights to real property, such as the right to travel over the property or the right to build struc- tures. The seller retains all property rights not stipu- lated in the easement. Travelways and open space are the two most common uses of easements. ♦ Leasing: The lessee possesses and occupies leased real property for a determinable time period, al- though the landlord retains full ownership. A city or county may lease land from a property owner for access purposes, open -space preservation, etc. Lease -purchase agreements: Real property may be leased by a city or county and rental payments may be put toward purchasing the property. If a local juris- diction does not have enough capital to buy the land outright, the lease -purchase method can spread pay- ments over time. Purchase and resale or lease: Once a city or county has purchased a parcel of land or the parcel's de- velopment rights, the jurisdiction may preserve open space (or otherwise control land use) by selling the land or the development rights with deed restrictions specifying permitted land uses. A local jurisdiction may also lease property subject to a rental contract specifying permitted uses. These techniques enable the jurisdiction to recover at least a portion of its purchasing expenses. Joint acquisition: Two or more local governments may combine their funding resources to acquire joint ownership of real property rights. Joint acqui- sition allows local governments to share the finan- cial burden of purchasing land. Land swapping: Local governments may exchange some of their land for parcels owned by private land- owners or other jurisdictions in order to obtain desir- able open space, park sites, etc. Eminent domain: Eminent domain involves the compensated taking of property for a public use or purpose, such as the acquisition of open space for a city greenbelt. This may include fee simple inter- est and less -than -fee interests such as easements. 158 General Plan Guidelines An owner whose property is taken is entitled to re- ceive just compensation through the payment of fair market value for the loss (California Constitution, Article I, §19). Cities and counties are authorized to exercise the power of eminent domain (§25350.5 for counties and §37350.5 for cities) in accordance with eminent domain law (Code of Civil Procedure, § 1230.010 to § 1230.020). PREFERENTIAL PROPERTYTAX ASSESSMENTS Preferential assessment programs provide landown- ers an economic incentive to keep their land in agricul- tural, timber, open -space, or recreational use. This can help implement the land use, open -space, and conser- vation elements by protecting areas designated for such uses from premature development. State law provides local governments with several preferential assessment programs, the most common of which are discussed below. Williamson Act The Legislature enacted the California Land Con- servation Act (§51200, et seq.) in response to the rapid loss of agricultural land in areas of increasing land val- ues. Typically, as development approaches an agricultural area, the price of land is driven upward by owners and buyers speculating on the future development potential of the land. The increase in prices leads to a correspond- ing increase in the assessed value of the land and to the owner's property taxes. At some point, the increased tax burden makes it uneconomical to continue farming and encourages the sale of the land for development. The Williamson Act allows counties and cities to establish agricultural preserves and to assess agricul- tural and open -space land on the basis of its agricul- tural, rather than market, value. Owners of qualified land located in an agricultural preserve contract with the county or city to continue agricultural or compat- ible activities for a period of at least ten years. The state annually reimburses the local agency for a por- tion of its resultant tax losses. A Williamson Act contract automatically renews it- self each year. Termination of the contract may be ac- complished by one of three methods. The landowner or local government can file a notice of "nonrenewal." The notice halts the yearly contract renewal, resulting in its expiration at the end of ten years. Alternatively, a local government may immediately cancel a contract after making certain strict findings. Such a cancella- tion requires the owner to pay penalty fees. A contract Chapter 9: Implementing the: General Plan may be re`acmded= without penalty] when the city or For::more-information.on the Williamson Act,and county l as entered mto:,an: agreement:w th.the land- farinla"'Ad,securityf zone contracts; contact .the Depart - owner, to simultaneously place. an equal. or greater ment:of Conservation's Division of Land Resource Prop amount. of equally, suitable agricultural., land into an tection at (916) 324-0850 or go to their website at agricultural conservation=e6sement('§51256). The value www:conservation.ca.gov/dlrp: of the proposed.conservation easement must beat least 12;:5;' percent of_the land; subject to contract -rescission Ti berl id: Productivity Acs and$ other restrictions=: apply. Nonrenewal is.: intendedTlie Timberland Productivity Act of 1982 requires to be._the normal, route :for ending, a Wilhamson Actall counties and cities with productive private timber contract. Cancel'la"tion i§ ---,,'meant to be,reserved for;spe- land to:establish timberlandproductoii zones (.TPZs) cial circumstances: (Lewis a ;City of Hayward (1986) to discourage the :premature conversion,of.tiinberland 177 Cal App 3d 1:03) an°d rescission is intended to pro- to oher§51100, et lemetuses( e ntmust vide more flexibility.- reflect the distribution of existing,TPZs and have a land Williamson. Act contracts are voluntary, which is use categoryahat provides for timberproduction. A city both thea greatest strength and weakness:: Oil the posi- or county, also may use TPZs to implement the conserva- tive side;, voluntary contracts 1`essen the potential for tion element's timber resource provisions: litigation over. the ixncornpensated'takin of'land that, patterned.after'the Williamson Act, T'Zs.are roll is sometimes alleged when land uses are- restricted.—ing 10 -year contracts that provide preferential tax as Also, bec.ause:the.;owner is directly>involved in enter-sessrnents to qualified timberlands. Under this program, ing file program, responsibiliiyisimpa 'i6d to the land- assessments on timber :are based on the Value of the - owner for, ensuring: that, the program works. On the timber at�the toile of harvest ratherthan.on the market other hand;; the potential profits anticipated. from fu- value `of'staneiin timber_Assessment of zoned timber-- g ture development -on: the, urban finge4may` outweigh land is;based on.a,statutory value: of land that is related the tax advantage .of the: contract: Thus; ins. the very to site capability and is annually indexed.to. changes in areas where it-couldbe most; effective in preventing the periodic immediate harvest'value. the premature. conversion=of farmland, there are strong - wring the: first two years.of the Act, local govern- econo nic 'h centives not to joint e",prograrn. meats could adopt TPZs on qualified parcels without In 1998'm response to the perceived weaknesses approval of the; property owner, provided that statu- of the -Villi amsonkActprogram, theI,egislature added tory procedureswere followed: Currently, additions to additional nonregulatory=protectionnin the form of farm- local prbgT slneare limited to requests from property landaecunty zones for. specific classifications-oE.farm-owners. Subject to approval by the local legislative land, including prune farmland, farmland of statewide body, land may beremoved from a TPZ by rezoning. importance; unique farinlarid; and: farmland, of local The effective date of the new; zone generally must be importance`.`'I and_canbe ntere,&into a farmland-secu- deferred until,, expiration of the 10 -year restriction. city zone contract=.fora 20 -year:. terra rather -than the However, 'the local legislative body may, under spe- 10=year;tern cf Williamson-Act°contracts'. During this, cial circumstances, approve.immediate rezonings. time;; the--l-and- is. assessed at, '65 percent; of either itsThe Timberland: Productivity Act did not rely on Williamson:Act valuation,:or its, Proposition 1:3 valua- voluntary °inclusion.: during its':,beginning stages. This tion; whichever is;<.lower,.rather than on the actual use 'was advantageous because restrictions -could' be ap- of'tlieaand for agr cultu=ral.purposes as is'required un- plied" n a inure com re.hens ve manner than Chapter 9: Implementing the General Plan Listed below are various transportation system management (TSM) techniques aimed at improving the efficiency of circulation on highway and transit systems by improving flow, reducing congestion, and increasing the carrying capacity of existing facilities. Caltrans has divided these techniques into seven categories, each containing particular measures that may be applied to specific TSM cases. Programs to Improve Traffic Flow — Signalization — Traffic signal synchronization — One-way streets — Changeable message signs — Computerized traffic systems — Integrated single -system traffic operations systems — Reversible lanes — Ramp meters — Intersection widening Provision for Pedestrians, Bicycles, and the Disabled — Bicycle lanes/paths — Bicycle storage — Pedestrian and/or transit malls — Pedestrian signals — Bicycle -actuated signals — Bicycle/transit integration — Weather- and theft -resistant bicycle parking facilities at places of employment, shopping areas, etc. — Shower and locker facilities at places of employment for bicycling employees — Universal access improvements Actions to Reduce MotorVehicle Use — Carpool/vanpool matching program — Carpool public information — Carpool/vanpool incentives — Neighborhood ridesharing — Highway surveillance — Subsidized rideshare vehicles — Guaranteed ride home for carpoolers, transit riders, etc. — Transportation management associations — Inter -city urban commuter rail advantages to the grantor. Recording the easement in the office of the County Recorder places future own- ers on notice of the easement's provisions. The Conservation Easement Act (Civil Code §815- §816) enables a local government or a non-profit or- ganization to acquire perpetual easements for the conservation of agricultural and open -space lands and 160 General Plan Guidelines Preferential Treatment forTransit and Other High - Occupancy Vehicle (HOV) Strategies — Exclusive highway bus or bus/carpool lanes — Contra -flow HOV lanes — Reserved lanes or dedicated streets for buses and H OVs — Bus turnouts — Bus -actuated signals — Ramp meter bypass lanes for HOVs Changes in Work Schedules, Fares, and Tolls — Work hour management (compressed workweek, flexible work hours) — Transit/HOV bypass at toll plazas — Bus fare restructuring/subsidies — Telecommuting Improved Public Transit — Feeder services improvements — Demand responsive system — Shelters and other passenger amenities — Rehabilitated/expanded bus fleet — Passenger information system improvements — Transit marketing Management/Control of Parking — On -street parking controls — Increased parking fees — Park-and-ride facilities — Preferential parking for carpooIs/van pools — Residential permit parking — Removal of on -street parking — Strict enforcement of on -street parking codes — Graduated parking fees with higher fees for single - occupant vehicles — Metered on -street parking for historic preservation. Granting of a conservation easement may qualify as a charitable contribution for tax purposes. The easement may also qualify as an enforce- able restriction for purposes of preferential assessment. The Open -Space Easement Act of 1974 (§51070- §51097) authorizes local governments to accept ease- ments granted to them or to non-profit organizations I for the purpose of conserving agrcultural.and open- space lands:,.These easements. are estab°l shed for a 10- yearpenod--andThey."mustbe consistent with-, the -general plan.,and. ares considered enforceable restrictions of land under a preferential aaxation pro- gram.. The l cal gover=ent.;is prohiiVife& from grant- ing buildmgperr , is for,,Tand,.s bi t;to such easements: Pkocedures:for termination by:nonrenewal'and by aban- donment are, set: out, m. statute: The AgriculturdUtidStewardship Program (ALSP) Act, -of 1995=(PublicRI�esourc es Code §{102-0 § 10277) authorizes,the:DepartmentFof:Conservation to provide grants= to 1"oval :governments.,and, qualified: non-profit landtrusts:;to. assist m .the. voluntary acquisition of ag ricultural conservation."easements.. In order, to be eli- Bible>for c.onsid`eration;:ttie A.LSI? requires that. a parcel be large. enougli..and be- located in:an area that is con- ducive to sustained commercial agricultural'produc- tion:..In: addition, "the local1 government- within whose jurisd ctiow e parcel.is., ocate&'mustsupport the ease- rnent"acquisition and:have a.:general "plan that demon- strate's a -lon :;`terra comrn7tment .ao agricultural >land conservation Finally, there.must be::evidenceahat with- out protection,. the .parcel` is.likely to. be converted to a nonagricultural use in^tl e, foreseeabi ,, future. There are other n-otewo rfhyl open=space provisions in the :Government Code. The Scenic::Easement Deed Act (§695.0-§695,.4). authorizes a local=".government to purchase fee nghts: or""scemc:.`easements >but does not. promote a specific`meclanisn for, obtaining them. Sec- tions: §;65705 through §658.75 enableaocal governments to adopt 'an. ordinance for the;; purpose of establishing open space covenantswith property owners. These are deed restrictions: regulatmg:landuses::: . LAAN TRUSTS. A: and."trust.isa private non profit'.organization es- tabhshed for the=purpose of preserving or -.conserving naturalresource� and agricultural lands- through: acqui- sition Acity or county:may establish coope'rative`poli- cieswith a.local"land trustor one; of the:nationaltrusts; such as the Nature Conservancy; the Trust foePublic Land, or the American Farmland Trust o promote the objectives and policies:. of the, land 'use;,open-space, conservation,. and. :safety elements, of its,.,generalplan Land'trusts;. whether local;, statewide; or;national are. often. funded throughx,memb ership :dues, and °lona= tions from individuals;: businesses,_ and.: foundations: Working in cooperation with landowin a'4d.' v-,Qtn mental agencies but outside ofthe structure of=govern- meat,a land trust can quickly,: flexibly, and confidentially obtain land or development: rights that Chapter 9: Implementing the 'General Plan would otherwise enter the open market. In many cases; particularly where natural lands are being preserved, after obtaining .the: land or develop mentrights the trust transfers -its rights to a governmental- agency at below- market rate forthe agency.to manage. TRANSP,ORTATION SYSTEM MANAGEMENT Traiisportation system management' (TSM) is a means of improving the efficiency" of the, existing trans- portation system through more effective utilization of facilities andselectivereduction`ofuser demand: TSM strategies;; either iindividually. or as a package of sup- poru.ve Irograms; attempt to reduce, existing traffic con- gestionand vehicle . miles traveled'; and increase the person -carrying -capacity of the transportationsystem. Other benefits `of:TSM include improved air quality, conservation;- of energy resources; reduction`of new transportation and parking-.facilityneeds, and prolonged life of existi Ig`transportation facilities. Generally,:` TSM .strategies cost less than traditional capacity nicreasing capitalprojects. To achieve the high.- est degree of success, transportationand planning agen- cies, transitproviders, developers, and employers should all coordinate yin the planning andiinplementation of TSM. TSM policies can be used to help correlate the land use and ch'cutati0 elements by assuring'that planned street andhighwaycap acities will adequately accommo- date traffic generated by planned land uses. TSM pro- grams that discourage single-passenger:car commutes and that promote flexible hours at places of employment may improve- the levels of service of area streets and high- ways by reducing peak -hour flows: If a jurisdiction's con servation. element includes clean air or energy conservationpolicies,.such provisions.may be imple- mentedthroughTSM programs that reduce motor ve- hicle trips and thereby air pollution and energy use. INFRASTRUCTURE FUNDING MECHANISMS The iniirn.g; type, and quality of development is of - 'ten directly relate&ta the availability of infrastructure and public 'services: Theprincipal funding sources for local government infrastructure are taxes, benefit as- sessments, bonds, and"exactions (including impact fees). The following discussion briefly describes each of these. For more °-information, consult Planner's Guide to Fi- nancing Public Improvements, published by OPR. 'faxes Taxes are >;eitlier. general or special. A general tax, such as the ad valorem property tax (which is capped at one perceint of assessed valuation by Proposition 13), a utility, -tax, Or, hotel tax, is collected and placed in General Pian Guidelines . 161.. Chapter 9: Implementing the General Plan the city's or county's general fund. General taxes are not dedicated to any specific purpose and are usually imposed to pay for capital improvements or services that will used by the entire community. A special tax is a non -ad valorem tax that is either levied by a city or county and dedicated to a particular use or levied by a special district (e.g., a school dis- trict a transit district, etc.) to finance its activities. Spe- cial taxes often finance specific projects or services, such as flood control or ambulance service. The Mello -Roos Community Facilities Act of 1982 authorizes a special tax that is primarily intended and commonly used to finance the infrastructure needs of new development. Under the Mello -Roos Act, cities, counties, and special districts create "community facili- ties districts" and levy special taxes within those districts to finance new public improvements, police and fire pro- tection, and school construction (§53311, et seq.). The Mello -Roos Act also authorizes the issuance of bonds. Proposition 218, approved by voters in November 1996, requires a popular election in order to levy a local general tax (with a simple majority needed for approval) or a special tax (with a two-thirds majority needed for approval). It also requires a simple major- ity election in order to levy certain service fees, al- though generally not development impact fees.The effect of Proposition 218 on local financing has been profound. Prior to its passage, an election usually was not required in order to impose or increase taxes, so a jurisdiction could more easily raise needed revenue. Benefit Assessments Benefit assessments (also known as special assess- ments) are among the oldest techniques for financing the construction and maintenance of such physical improvements as sidewalks, sewers, streets, storm drains, lighting, and flood control that benefit distinct areas. Most of the numerous assessment acts authorize the use of bonds, paid for by an assessment. Unlike general taxes, benefit assessments are not subject to a two-thirds vote requirement. Instead, as a result of Proposition 218 of 1996, a proposed assess- ment is subject to a ballot procedure that enables prop- erty owners to reject the proposal by majority protest among those returning ballots. Property owners' bal- lots are weighted: those who would pay a larger as- sessment have a greater vote. A benefit assessment cannot be levied on a parcel that does not receive a direct benefit from the improve- ment or service being financed. The amount assessed to a parcel is strictly limited to the pro -rata share of benefit being received. The improvement must provide 162 General Plan Guidelines a special benefit to each assessed parcel, above and beyond any general benefit that might accrue. Proposition 218 created important limitations on the use of benefit assessments. Prior to levying any such assessment, OPR recommends reviewing Proposition 218 and any implementing statutes. For more infor- mation, see the following sources: Proposition 218 Implementation Guide (League of California Cities, 1997), Understanding Proposition 218 (Office of the Legislative Analyst, 1996), and A Planner's Guide to Financing Public Improvements (OPR, 1997). Bonds Cities, counties, school districts, and other districts may issue general obligation (G.O.) bonds for the ac- quisition or improvement of real property, such as buildings, streets, sewers, water systems, and other in- frastructure, upon approval by two-thirds of the voters casting ballots. G.O. bonds are secured by local gov- ernments' ability to levy property taxes but may also be repaid from other revenue sources as available. Revenue bonds are secured by the future revenues of the facility or enterprise they are financing. Stadi- ums, wastewater treatment facilities, and parking facili- ties are three examples of the types of revenue-producing facilities that are commonly financed by revenue bonds. The Revenue Bond Law of 1941 (§54300, et seq.) pro- vides for a source of funds for the construction of hospi- tals, water facilities, sewer plants, parking facilities, bridges, auditoriums, and other such public facilities. Be- cause revenue bonds are secured by the proceeds from the enterprise they fund, they generally carry higher in- terest rates than general obligation bonds. Lease revenue bonds are a similar tool. Instead of being issued by the city or county, lease revenue bonds are issued by a non-profit corporation or a special au- thority that constructs a facility and leases it to the city or county. Lease payments provide the revenue to pay off the bond. When the bond is retired, the facility is turned over to the city or county. Some local agencies have used this method to finance administrative cen- ters and schools. Exactions Exactions are dedications of land, improvements, or impact fees imposed on new development to fund the construction of capital facilities. They cannot be used for operations and maintenance. The authority to impose exactions on development derives from the po- lice power and statute. An exaction is levied to finance a specific activity, facility, or service and can only be levied once, at the time of project approval. Exactions rnayonlybe iinposedwhere, theywilhad= vanc'e a legitimate' state interest (e g.; l ealth; 'safety; and welfare.. issues;. such as�smo.oth' , ffic flow; avail` ability' of recreational: facihues,r-sewer, and°water.-ser=,. vice, etc.),:,andare necessary to mtigate',the:adverse;: unpact;to :that interest that wois uld otl erwe.result from4 the project (Nollan v .Cal f�Coastal>`.'Commissk n- (198.7.):107. S Ct.: 31411),; This;princple,is refle'.cted':n�. the M>tigation Fee.Act; (§6600`O,z et seq ) which lays. out;the,groundrules.for mp:osngde elopment impact fees. -aid other exactions:. While the, general plan may forma policy basis for exactions,..keep in mind,.that:`it does not:preempt con - 17 onulatory "takings qr-:enable any exaction that would &onfhct with state law .The Nollan decisonestablishedthat�thereinustbe anexus:betwe:en the exactionsand the state, interest bemg;advarced: The V.S. Supreme C.oZrt,_mDolan.0 City of.Tigaxd (1994) 114 SCt... 2309.,, added.'a. second:.step to..tlie: analysis: ther;.e. must be a."rough proportionality;between the: exaction: being imposed and _tbe° relative:-rreed�. created: by, t..Reducir=rg„Do.lan. to,its simplest: terms;.: the c`ourt,overturnedthe��city.-'s�requirements for�licycle: path,.and fl'oodway dedications bec`aus.e they were; out of proportion to the 1mp'act, on floodingan`d.tlie conte-, butiori:ao bicycle=traffic.thatwouldhave resulted. from- the:propos:ed expansion of. a plumbing.;,supply, store;. even,,t'lid” Tigard's comprehensive plan: contained definitive policies. relatmgFto:such.:dedcahons, The California., Supreme Court�`C arifi'ed theallollan. and D..olan principlesin Eli�lich v; Caty of Cuflver. City (1`996) I2 C4th $54_The court.made. two°=keyp.oints: 1 Developers who wish to challenge a, development fee on, .either,.�statutory or constitutional grounds MU do: so under provisions of`the MtigationzFe:e Act Q616020).; 2. The. tworpart_AbW4n/Dolan test, applies. only to ad hoc fees and` dedieauons=- of land (as opposed= to legislatively-, enacted fee. ordinances): The "rough . proportionality" component.-& e not apply to leg islatively enacted<fees; such as Culver=°City?s Arvin:. Public. Places (here; he court also held thatahis or dinance which was enacted�to;enhance ,e -was was a reasonable..0 e: of"the city's police., power under.No Ilan) In some: jurisdi ctions, w0'ore development may ad= verselq, affect the' availability of low and; moderate:= income :housing;. exactions rare levred;upoxiz developers to finance the construction of sufficient:lousirg to al leviate that unpact San° raric 8co,; for example; has an... inclusonary.housmg program.that;mandates=the eon Chapter 9: Implementing the General Plan struction o -f affordable housing or payment of in=lieu fees -in accordance with a prescribed formula, which links projectedemploymentto the numberofhousing, ,units, as a condition of new downtown -office development. Public -Needs.. and, Private Dollars, by William Abbott; :Marian .E:'Moe, and -Marilee Hansen. (see the Bibliography) ,discusses, the legal -,basis for develop=. rnent exactions, and offers practical; California -specific advice°ab"out calculating and imposing them. Privatization, Recent -years Iave seen a growth in: the popularity of privatization --the use of private contractors or pri- vate ownership to. provide local services, such'as gar- bage collection, fire protection;, and street maintenance. Although not 'strictly a financing measure, privatization is a strategythatcan=help-stretch=limited public funds. Privatization has certain advantages: local governments need not purchase and. maintain Ispecialized- Machin- ery,personnel forspecialized or seasonal' tasks need` not be maintained on salary, and thecosts to local gov- ernments, ofpro 'id- a,, services maybe reduced: It also has disadvantages: special skills are needed. to <estab- lish and=manage, the'contract with the private -service provider, )quality; is beyond the direct i control of the local government and electedofficials, and, if it is nec- essary to replace the contractor, residents may face a period:of interrupted service. TRA NS -PQ TATI,0, FINANCING. METHODS Caltrans' Division of Transportation Planning has provided the following.descriptions of general catego ries and;`examp cs'' measures to :generate additional funds for=transportation-projects: Business_lieense taxes, which are often based upon gross receipts:or number of employees, since busi- ness,," usi- ness" activity.and employment concentration affect traffic eongestion.:San Francisco has used this method toprovide funds for the operation of its municipal railway. Parking regulations; such , as neighborhood park mg stickers, parking meters, and daily_ tickets, which can bring in' substantial funds in urban ar- eas`_ These revenues can be'use& for a variety of 1"oval transportation programs. Transportatimimpact fees (also called traffic ,im- pWVmitigation &es,system development charges, and -adequate -public facilities fees) based upon the traffic projected to be, generated and/or the cost es- tkna,tes of public transportation:.facilities necessi- tate°d..by `development. In he Westchester area of General Plan Guidelines- 1`63 Chapter 9: Implementing the General Plan Los Angeles, a one-time fee is collected for each p.m. peak -hour trip generated by new commercial and office development to cover needed areawide improvements. In Thousand Oaks, the city requires traffic mitigation fees to pay for signals, the cost of paving adjacent arterials, and off-site improvements, all of which are made necessary by the traffic re- sulting from new development. To offset develop- ment impacts on the local transit system, San Francisco charges a transit impact fee based on building square footage. ♦ Airspace leasing, which taps the value of public rights-of-way in urban areas. A governmental agency may capitalize on that value by leasing to the private sector unoccupied space over, under, or within the right-of-way. This has been used for a variety of purposes, including parks, parking lots, cellular communications, office buildings, restau- rants, and public facilities. ♦ Public/private partnerships, development agree- ments, and cost-sharing, which involve developing agreements between the private and public sec- tors that split responsibilities for the cost of in- frastructure provision, operation, and maintenance. This technique tends to be more flexible and less bound by legal constraints than other measures. ♦ Privatization, which may reduce or eliminate the need for public funds for transportation infrastruc- ture if the prospect of profit exists. California's first modem toll roads were built in Orange County by private funds. Private provision of transit services is becoming more common as it is connected to specific developments. Individual developers and employers have designed and initiated traffic miti- gation programs, such as traffic flow improvements, flexible work hours, and bicycle facilities. In addi- tion, recent trends show groups of developers, em- ployers, and businesses banding together in transportation management associations to address mutual traffic concerns in a specific area and de- veloping programs such as those mentioned above. Such measures have been established in the cities of El Segundo, Pleasanton, and Berkeley (in coop- eration with the University of California). CONSISTENCY IN IMPLEMENTATION The general plan is largely implemented through zoning and subdivision decisions. In 1971, the Legis- lature made consistency with the general plan a deter- minative factor for subdivision approvals. Since then, 164 General Plan Guidelines lawmakers have continued to add consistency require- ments to California's planning and land use laws. Other statutes, while not mandating consistency, require find- ings or a report on whether various local actions con- form to the general plan. Consistency statutes and legal precedents are detailed below. In order for zoning and other measures to comply with consistency requirements, the general plan itself must first be complete and adequate (i.e., it must ad- dress all locally relevant issues and be internally con- sistent). In 1984, the Court ofAppeal ruled that a finding of consistency based on an inadequate general plan was a legal impossibility (Neighborhood Action Group u County of Calaveras (1984) 156 Ca1.App.3d 1176, 1184, based on 58 Opps. Ca1.Atty.Gen 21, 24 (1975)). More recently, the appeals court ruled that a subordi- nate land use approval, such as a subdivision map, can only be challenged on the basis of an internal general plan inconsistency when there is a nexus between the particular approval and the claimed inconsistency in the general plan (Garat v. Riverside (1991) 2 Cal.App.4th 259). The California Attorney General has opined that "the term `consistent with' is used interchangeably with `conformity with"' (58 Ops.Cal.Atty.Gen. 21, 25 (1975)). A general rule for consistency determinations can be stated as follows: "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." The city or county is responsible for determining whether an activity is consistent with the general plan. A city council's finding of a project's consistency with the plan would be reversed by a court if, based on the evidence before the council, a reasonable person could not have reached the same conclusion (No Oil, Inc. v City of Los Angeles (1987) 196 Cal.App.3d 223). In Families Unafraid to Uphold Rural El Dorado County a EI Dorado County Board of Supervisors (1998) 62 Cal.App.4th 1332, the court held that "[The] nature of the policy and the nature of the inconsistency are critical factors to consider." A project is clearly in- consistent when it conflicts with one or more specific, fundamental, and mandatory policies of the general plan (Families Unafraid, supra). However, any given project need not be in perfect conformity with each and ev- ery policy of the general plan if those policies are not relevant or leave the city or county room for inter- pretation (Sequoayah Hills Homeowners Association v City of Oakland, (1998) 23 Ca1.App 4th 704 (1993)). Placer County's Online General Plan is one method Chapter 9: Implementing the fG6neral Plan to help ensure: consistency IJp.on-receiving; a develop- Zoning -related initiatives and referenda must also ment prop -orator. otherrentitlementrequest, county staff maintain general plan.consistency. An initiative seek enters dist-in sh ng project, feature&into a, computer ing to impose: growtknrnanagement regulations was in- program. Theprogram analyzes theproposal bycheck- validated when it was. found :to be inconsistent with ing for general plan andcorninurnty,plamconsstency; the generate plan:.,(LesheN Communications v City of identifying goals:and..pohcies4by.topic - andi:'preparing Walnut' Geek, supra): A referendum that sought to a re port.ofits results Thi software.can qpm pare.project overturn a.rezoning approval was ;invalidated because charactensti`cs to<the goals ,and pohcies,of thewgeneral therezonmg;was necessaryto,maintain or achieve con plan= and, each of .its. elements; prod"idmg an unbiased sistency with, the ;general plan (deBottari v City of consistency -`analysis:.: Norco. (1985f `171 Ca1:App.3d 1204; City of Irvine v Irvine ,c h ens AgainsvO erdevelopment (1994) 25 O N l`N G !C, NSA S` C Cal.App .4th; 868). Counties;, law,'cities, and'charter.cities.with populations, of more than,two million<are..required to Asse'ss ng ' d'Achlev ng Z®ning-Consistency dinanee text or- tle.amendrnent of a zoning° ordinance din ance . d`ensity; lot size, height; and the like—must map, rnu st live consistent. with the gene'r-alpl`an. A zon be consistent witli.the development standards and uses ing ordinance that is n eonsistent with the ;general plan: specified m ;the -general; pl ' "ss text' and diagram of at the -time itis enacted.is "invalid'when passed'.' (Lesher.proposed° land: use. This has= several implications, Communicataons; v Ca.ty of AalhuiCeek' (19.90)- 52 The zoning: scheme, with 'its range of zoning dis Cal , 531; Saes Club v Board of Supervisors: (1981) tricts and.tlieir associated development standards or 126 C Z A 3d 698 regulations; must be broad enough to implement the By -the sawhen: a general -.plan amend- generalplan ;For example, ifageneral plan contains rnent,:mak' the zoning `inconsistent, the: zornng..rnust three residential land°use designations, each with its be "changed'to re=establish consistency "within a rea- own residential intensity and density standard; then sonable time" (§6586,0(c))...According to the a' lifor- the zoning ordinance should have at least as many zoning 'districtswith appropriate standards. Similarly,' nra, Supreme. Court, "[t]he Planning O4Zoning: Law' if tlie.general plan identifier seismic hazard areas and does: not contemplate: that:gene.ral gaans will be call's for zoning: measures. to 'implement safety pol- amended to conforn to.zornng ordinances Theaail does. cies:, the zoniri ^ordinance must contain a y�ro riate pp p 99 note wag the; dog (Leslier Co.mmunacations v=: `City° of " provi'sons; sucl as a Hazard, overlay zone, or specific Walnut Geek; supra):. developrnent standards: State law does°notpre.scribe what constitutes "axea�" men a neve° element:or major revision to a gen- sonable time" for reconciling the zoning ordinance withr .: , eralrplan isTadopted; the zoning cheme should be thor- the general plan: , OP1Z. suggests that wl en;possibTex . ouglily reviewed for consistency. It must be amended general plan amendments ,dnd.necessary<related zon if necessary'to ensure; that it is adequate to carry out ing changes be° heard concurrently (§65862):; When - the new element or revisions. concurrent hearings. are�notfeasible . OPI suggests. the;- When rezoning occurs; the'newly adopted zoning following tine:periods::= - ." must.be appropriate and consistent with all elements of�the` genplan This..,.,m'only the land eral For minor general;plan. amendments (those,;involy- uses and development: standards; -but also the trans- ing a relatively srnall:area), six:nontls , portaton; sa&tyy,_,opien�!space;z and other objectives and For extensive amendments tothe.generalplan (ouch policies contained"'in the: plan:-. ' as a revision: that results= in the inconsistency. of Both the,~generalp . lan diagram of proposed land largeareas),.two.years: use and, the.,:zoning map; sliould:�set.forth similar pat - General Plan Guidefine&l 165 Chapter 9: Implementing the General Plan Hypothetical General Plan/Zoning Compatability Matrix Gera! Plim Desi tkas • - • • w r Residentd R-'" El' v .... . ...... s ■■■■■ ■■■■■ ■ ■■■ ©©® ©. r Residentd R-'" terns of land use distribution. However, the maps need not be identical if the general plan text provides for flexibility of interpretation or for future development (Las Virgenes Homeowners v. County of Los Angeles (1986) 177 Cal.App.3d 312). For example, a land use diagram may designate an area for residential develop- 166 General Plan Guidelines ment while the zoning map may show the same area as predominantly residential with a few pockets of com- mercial use. Despite the residential designation, the commercial zoning could be consistent with the gen- eral plan if the plan's policies and standards allow for neighborhood commercial development within residen- .... . ...... s ■■■■■ ■■■■■ ■ ■■■ ©©® ©. AZones that are compatible vAlh general ptan designation 49 Zones.. city d1 4 find compatible undef specifiedM« s !. but generallyF •iw i_ i ". of rt i distric Is recommmW terns of land use distribution. However, the maps need not be identical if the general plan text provides for flexibility of interpretation or for future development (Las Virgenes Homeowners v. County of Los Angeles (1986) 177 Cal.App.3d 312). For example, a land use diagram may designate an area for residential develop- 166 General Plan Guidelines ment while the zoning map may show the same area as predominantly residential with a few pockets of com- mercial use. Despite the residential designation, the commercial zoning could be consistent with the gen- eral plan if the plan's policies and standards allow for neighborhood commercial development within residen- vious page illustrates a,:hypotheticalirnatrix-: It maybeThe courts may impose various remedies for fail- Chapter 9: Implementingahe General Plan tial areas... L-ikewigemore than. one zoning,classifica= which..the proposed zoning conforms to. each of them tion -may be=consistentw th.any one of the:general plan: s (e.g.. ;furthers; deters; no effect, ). A point system land` use', categories For example, .both R 1. (residen= .that rates development projects by their level of con - tial} and I'UD (planned.unit.developrnent) maybe con- sstency with the goals, objectives; and policies of the sistent zoning for-, ,low° -density residentiM, -' ategory in general plan is a. similar approach. the.plan>. The: tnnmg of'development is closely linked to,the Subdivision Consistency question{ of consistency` of spatial pattexns A. general before a city or county may approve. a subdivision plan rs long{term in nature,:while zonmgFresponds tomap (ncluding.parcelaps:) and.its.provisionsfor de- shorter termneeds; and conditions.1frinany.:eases, zon-sign and improvement, _ ;the . c ty or county must find ing w_ilL.only gradually fulfill. the;. prescriptions of the that the proposed'subdivisioninap _is ,consistent: with genera=l plan: T ming:maybe.particularly.important in the general plan and,<any applicable: specific ,plans,, rural,areas'.designated for :future urbanization. If the (§66473.5). Tliese> findings can ;only be mad' hen general plan;'contains pol, es regarding orderly devel- the local agency has officially adopted a eneral plan opment, adeguate:publ`ic,services,:.and compact urban and the;proposed subdivision is "compatible with the growth, rezoning a large!�area from.a..low_intensity objectives; policies, general land uses and programs use. (e,g , agriculture): to a more in ensive ,one (e.g., specified in such a plan:" residential)' before. urban -services are available Section 66474:and §.66474.61 irequ:re a city or would bei inconsistent'=with-the. general plan. Con- county'to'deny approval of a tentatiuemap if it makes versely,Jan.. nconsistency maybe. created when gen- either ofthe 'foll'owing findings: the proposed map is eral, plan policies#omote.high=intensity development not consistent with applicable general and specific in an area ,but then.urisdction.=instead its low -in- plans or the `design or improvement of the proposed tonsity2l subdivision is not consistent with applicable general Siiicezt hung..can-b, a=:problem, generalmplansshould and specific,plans provide clear guidance for the pace of future,.develop- The checklist- on the followiii page demonstrates inert, perhaps by usmg;five,, year increments or by es- one way to evaluate subdivision consistency. tablishing a get ofseonditronsao.be met before consistent zoning would.beAconsidered',tiinely: ENEORCEMENTAN® REMEDIES hocal governirients=lavee devise,d=a numberof ways Any resident, property owner, or other aggrieved to evaluate and achieve zoning cansistericy. A fairly party, including a public agency, may sue to enforce common approach, is to employ: a; matrix. comparing the requirements for the adoption of an adequate 'gen- the general :plan's, and;use categories ands associated eral plan (S8 Ops.Cal.Atty:Gen. 21 (1975)). The same development standards with. the zoning;' districts and is true for zoning consistency with the general plan theif, corresponding zoning ordinance, development{§65860(b));,:and for subdivisions (§66499 33): As the stand"`arils. To ihd`icat&the degree of zoning consistency state's chieflaw'enforcementofficer; the Attorney Gen- - - with the plan; rn�any matrices,feature categories rang- eral may do the same (§ 12606 and California Consti- %ng fr`'om"1% ghly,r,compatib-l`e" to "clearlV incompat-motion, 'Article �T, §13). Additionally, persons iving ible.."' An.mt.erme.diate category, "conditionally'` outside a city -have standing to sue if the city's zoning compatible;" could reflect` zoning that? by itself is practices exclude them from residing; in the city or raise not compatible but could{becorne'cornpatible'if mea- their housing costs`by adversely affecting the regional sures sucli,as; a-PtJD o.. erlaywere'`imp.osed'Ao reduce housing market (Stocks a City of Irvine (1981) 114 to or. eliminate;potential.conflict& The chart on the pre I '4 520). vious page illustrates a,:hypotheticalirnatrix-: It maybeThe courts may impose various remedies for fail- Chapter 9: Implementing the General Plan When the following questions can be answered in the affirmative, the subdivision will normally be consistent with the general pion. Land Use Do land uses proposed in conjunction with the subdivision conform to the general plan's land use designations? Density and Intensity Are the proposed lot sizes appropriate for the uses prescribed for the area by the general plan and consistent with the applicable general plan standards for population density and building intensity? This is more than consistency with the general plan diagram: the subdivision must also be consistent with the plan's written policies and standards regarding uses, density, and intensity. On -Site Improvements Does the subdivision provide adequate on-site improvements consistent with the general plan, including street design, drainage and sanitary facilities, and easements? Circulation Does the map respond to projected traffic levels indicated in the circulation element? Does the design of the subdivision take into account thoroughfares identified in the circulation element, such as major arterials, expressways, collectors, etc.? Does the subdivision design effectively correlate circulation element policies with those of the land use element pursuant to the court's decision in Concerned Citizens of Calaveras County v. Board of Supervisors (1985) 166 Cal.App.3d 90? tion of a complete and adequate general plan (58 Ops. Cal.Atty. Gen. 21 (1975), Friends of `B " Street u City of Hayward (1980) 106 Cal.App.3d 988, Camp u Mendocino (1981)123 Cal.App.3d 334). Where a court finds that specific zoning or subdivision actions or public works projects are inconsistent with the gen- eral plan, it may set aside such actions or projects. Under certain circumstances, the court may impose any of these forms of relief prior to a judicial determina- 168 General Plan Guidelines Off -Site Improvements Does the subdivision include provisions for off-site improvements or the payment of fees for off-site improvements consistent with the general plan, including temporary school facilities, road and bridge improvements, parks, and sewers? Environmentally Sensitive Areas Is the subdivision designed to accommodate and protect environmentally sensitive areas identified in the general plan? Environmentally sensitive areas are ones susceptible to flooding and to geologic or seismic hazards and fires, areas of special biological significance, areas of special cultural significance, such as archaeological sites, and the like. Timing Does the subdivision conform to the schedule for growth or phasing set forth in the general plan? Other General Plan Provisions Does the subdivision's design take into account noise attenuation standards set forth in the noise element? Does the subdivision's design accommodate the recovery of important mineral resources? Does the subdivision's design conform to the open -space element's policies and designations? Is the subdivision consistent with all other general plan policies pertaining to subdivisions, possibly including policies for a mixture of housing types, lot orientation for solar heating, limitations on congestion of public facilities, and the like? tion of a general plan's inadequacy (§65757). These provisions, however, do not limit the court's authority to impose other appropriate remedies. ANNUAL PROGRESS REPORTS After the general plan has been adopted, §65400(b) requires the planning agency to provide an annual report to their legislative body, OPR, and HCD on the status of the plan and progress in its implementation. The report Chapter 9: Implementing the, General,:Plan �_- -- (i.e. a.description,,of th activities, under- -~usmg�.a,table'formaf. (Examples: Carlsbad, Cit-� +11~ Focus � ' ^ ` and in ` ry in eAt.- 1-i ti' s further the,' oals, policies, and/ inaj or projects,,':,ihcluding: public bers;:br'by,e'lement., (Examples,: Placer County, Signal- Hill) . ' descriptiqn�bf various. actions taken by' -the agency ' ' ur (e.g.,,,development application approvals,: adoption 'Ordinances of or plans, agency.4nitiated planning tudiesr'et6.) that advanced' ecif, �eni4in cleg feacl�� element. (Examples- Camarillo, San being 'im-p`116- MAP accord -a, adopted Luis Obispo, Redlands) Brdad.,annual report format:, Incorporate the an- nual ofthe acti' ities and programs of the jurisdiction, rawing as an annual performance, report on,budgeting, gra,ms.Ir.`�,state of the city/cou 4, IJ dti�b (ExampleiWindsor)- Contents vf the Report needs,- and,, ldcal.`- effbrts, to,. remove'- gov6 en sues' 'por t include in the annual re - constraiii-ts-to. the- d6ve (;as- port. Th: f6l owing items may e -useful in the annual Format of the,Report Table, of :contents. 41 + Focus, on1adiVidual""poll A&I, plemenf'a�i; thatwere -initiated, in progress, or comp io ASP i& in&_, ing the' reporting period (i.e,., master plans, spe- ary 5_,"o, annexation s dies, and 0 was implement duri hg,, the,.- repo t- ried out in support of specific general, plan -implQ General Plan Guidelines 169 Chapter 9: Implementing the General Plan All statutory references are to the California Government Code unless otherwise noted Agricultural Preserves ♦ §51234 requires that agricultural preserves established under the Williamson Act be consistent with the general plan. ♦ §51282 requires a city or county,when approving a Williamson Act contract cancellation, to make a finding that the proposed alternate use is consistent with the general plan. Capital Improvements ♦ §65401 and §65402 require planning agencies to review and report on the consistency with the applicable general plan of proposed city, county, and special district capital projects, including land acquisition and disposal. ♦ §65103(c) requires planning agencies to review annually their city or county capital improvement programs and other local agencies' public works projects for consistency with the general plan. ♦ Friends of 8 Street v. City of Hayward (1980) 106 Cal.App.3d 988 held that governmental capital facilities projects must be consistent with the general plan. ♦ §53090, et seq., require that most public works projects undertaken by special districts, including school districts, must be consistent with local zoning, which in turn must be consistent with the general plan. A special district governing board may render the zoning ordinance inapplicable if it makes a finding after a public hearing that there is no feasible alternative to the project (§53096). State entities are an exception to this consistency requirement (Rapid Transit Advocates, Inc. v. Southern California Rapid Transit District (1986) 185 Cal.App.3d 996). mentation measures). Include a brief comment on how each of these activities advances the goals, policies, and/or implementation measures contained in the general plan. Provide specific reference to individual elements where appli- cable. ♦ List each of the general plan amendments that have been processed, along with a brief description and the action taken (e.g., approval, denial, etc.). This 170 General Plan Guidelines Condominium Conversion ♦ §66427.2 requires that when the general plan contains objectives and policies addressing the conversion of rental units to condominiums, any conversion must be consistent with those objectives and policies. Development Agreements ♦ §65867.5 requires development agreements to be consistent with the general plan. Housing Authority Projects ♦ Health and Safety Code §34326 declares that all housing projects undertaken by housing authorities are subject to local planning and zoning laws. Integrated Waste Management ♦ Public Resources Code §4170 states that if a county determines that the existing capacity of a solid waste facility will be exhausted within 15 years or if the county desires additional capacity, then the countywide siting element of the county's hazardous waste management plan must identify an area or areas, consistent with the applicable general plan, for the location of new solid waste transformation or disposal facilities or for the expansion of existing facilities. ♦ Public Resources Code §41702 states that an area is consistent with the city or county general plan if: I . The city or county has adopted a general plan. 2. The area reserved for the new or expanded facility is located in, or coextensive with, a listing should include agency -initiated as well as applicant -driven amendments. List each of the development applications that have been processed, along with a brief description, the action taken (e.g., approval, denial, etc.), and a brief comment on how each action furthers the goals, policies, and/or implementation measures of the general plan. Provide specific reference to indi- vidual elements where applicable. Chapter 9: Implementing the General Plan A-11>s"totut6ry re ferences are,to; the California Government Code unless otherwise noted land ,use area designated or.a;u -hor zed by Public Resources. Code §41701 is consistent with the�applicable.generafVf n for soli:al.waste the applicable.general' plan. -.. 3. The:- ad:j'a.cena.or nearby` land u e= lnterirti'Clasi°®®`�aciGties authorized. by th'e applicable'general plan ® §65974(a)(5,) , specifies that when local is-compatible1"with the-:establi`shrr ent or governments obtain the dedication of land, the expansion<<of the :solid: waste facility. payment'.in"lieuthereof,or a combination of both ® Public Resources,Code §_41703 r.,'equires that, for.nterim elementary or high school classroom except as<_ provided in� Public Resources; 'ode. facilities;s.uch.facilities mustbe;consistentwith §41'710(a) anyk-area or areas identie°d.'afo - the - the general plan. locationof a newrsolid.waste-transformation-or disposal facility be located in, coeXtensive Local Coastal Programs adjacent to'.. land `use,.arw authorized 7ith,or ra ® Public Resource Code §30511 requires the solid waste transformation or'disposal facility in zoninz, i, ces of the Local Coastal Program the applicable city or countygeneral`plan. to conform t6the certifiedcoastal land use plan (a portion of the general plan). +, Public Resources Cod!e> §4.1710(a) states:.that a county may ten-ativelyreserve an,area.o:r'areas L®vv and M®derate Income Housing: for ;the .location of a new or expanded solid waste transformation>� or disposal: -facility even ® §6555".' 5,(d) states that a city or county may though thatreservation is inconsistent:with the disapprove a low ormoderate-income housing applicable city or county general -plan A reserved projectif the jur sdi' ion.finds;thatthe development area,is.tentative untiFit is made consistent -with is inconsistent with the general 'plan land use the `applicable', general: plan. designation, as specified in any plan`element.' Public Resources Code §4171 I. re°quire&,that a Mineral Resources tentatively reser-._ved area be` removed from,the. countywide siting element if. a city. or`eounty ® Pub oc R"esources Code §27.63 requires that city fails or has failed 't'o, find that:. thee area is and -"county land 'use decisions affecting areas with consistent with the general,. -plan., minerals; of regional or. statewide significance be - consNtenvwith;mineral resource management Public Resources Code §41720 requires that the: policies :m the general plan. countywide-. siting element submittedr to the Cali:formaIntegr-ated/aste, l`lanagement Board Public Reso,urcesi Co:.de . §2762 states, that the include a resolution from each afFected-city or general plan< must_ establish mineral resource the county stating: that any.areas identified for rnanagernent;po'licies if;'the State,,, ecologist has the- of. a, new°ori expanded soaid=waste; identified>:= res;ourees:;,of statewide or regional transformation or disposal facility pursuant to: significance:within the city or county. ® Identify,.,priorit es:forland use, -decision making that:= the attainment of state housing goals. have been estabhshed;by the local legislative body ➢ The. effectiveness of the housing element (eg:,.passage of mor::atoria, emergency ordinances:;: in;attammgale cornrriunity's housing goals developnientofcornmunity orspecific plank,etc )t:. and objectives'. ® Quantify; where:;.appropriate, existing and:pro�ecte_d. ➢ The.pro'gress'in.implementingthe housng- housing needs for all income.leveis pursuantjto hoiis- ` element. ing element law (§65583).with regard,to The appropriateness of the. housing: goals, Thee annual, progress report.should identify goals; objectives; and po lcies in contributing: to.. policies;: objectives; standards, or, other plan pro- i r General,Pl'an-Guidelines 171 Chapter 9: Implementing the General Plan All statutory references are to the California Government Code unless otherwise noted On -Site Wastewater Disposal Zones ♦ Health and Safety Code §6965 requires a finding that the operation of an on-site wastewater disposal zone created under Health and Safety Code §6950, et seq., will not result in land uses that are inconsistent with the applicable general plan. Open Space ♦ §65566 requires that acquisition, disposal, restriction, or regulation of open -space land by a city or county be consistent with the open -space element of the general plan. ♦ §65567 prohibits the issuance of building permits, approval of subdivision maps, and adoption of open -space zoning ordinances that are inconsistent with the open -space element of the general plan. ♦ §65910 specifies that every city and county must adopt an open -space zoning ordinance consistent with the open -space element of the general plan. ♦ §51084 requires cities and counties accepting or approving an open -space easement to make a finding that preservation of the open -space land is consistent with the general plan. Park Dedications ♦ §66477 enables local governments to require as a condition of subdivision and parcel map approval the dedication of land or the payment of in lieu posals that need to be added, deleted, amended, or otherwise adjusted. ♦ If the jurisdiction is in the process of a comprehen- sive general plan update, the progress report can be limited to a brief letter describing the scope of work and anticipated completion date. Suggested Reporting Methods on Regional Housing Needs HCD recommends the following step-by-step ap- proach for cities and counties to report their progress in meeting their share of the regional housing needs. First, determine the total net housing units added in the reporting year. If the progress report is based on the 172 General Plan Guidelines fees for parks and recreational purposes if the parks and recreational facilities are consistent with adopted general or specific plan policies and standards. Parking Authority Projects ♦ Streets and Highway Code §32503 specifies that parking authorities, in planning and locating any parking facility, are subject to the relationship of the facility to any officially adopted master plan or sections of such master plan for the development of the area in which the authority functions to the same extent as if it were a private entity. Planning Commission Recommendations ♦ §65855 requires that the planning commission's written recommendation to the legislative body on the adoption or amendment of a zoning ordinance include a report on the relationship of the proposed adoption or amendment to the general plan. Project Review Under CEQA ♦ Title 14, California Code of Regulations, §15125(b) (CEQA Guidelines) requires examination of projects subject to the provisions of CEQA for consistency with the general plan. ♦ Public Resources Code §21080.10 and 21080.14 exempt specified housing projects from the calendar year, one approach is to report the change in the Department of Finance's (DOF) total units estimate over the year. If the progress report is based on the fiscal year or other time period, local estimates will need to be prepared using DOF and local data. A local estimate of net units added should reflect the following: ♦ An estimate or records for total units completed. ♦ If unit completion data is not available, units com- pleted may be estimated from permit issuance data with the use of an estimate of the average time lag between permit issuance and completion and an es- timate of the percentage of permits issued that were not used. Chapter,9: Implementing the General Plan '�mre�ae�$�eare�ee ®a.et.searaasi4o" e4`gi CHAPTER 10 Special General Plan Considerations All statutory references are to the California Government Code unless otherwise noted. number of state and federal statutes and regulatory programs can have a direct bear - ng on the general plan and need to be con- sidered in any general plan process. For example, the California Coastal Act requires each community within the coastal zone to prepare a local coastal program (LCP), including a coastal land use plan. The Surface Mining and Reclamation Act (SMARA) requires cit- ies and counties containing minerals of regional or statewide significance to adopt policies protecting min- eral resources from incompatible uses. The California Integrated Waste Management Act requires counties, with the concurrence of a majority of the cities con- taining a majority of the incorporated county popula- tion, to prepare and adopt solid waste management plans. The Alquist-Priolo Earthquake Fault Zoning Act requires cities and counties with designated fault zones to limit new development within those zones. The Air- port Land Use Commission Law requires cities and counties to amend their general plans to conform with adopted airport land use plans. Regional transportation planning laws require an identification of regional transportation and road projects and provide a basis for obtaining federal and state funding. As part of this, Congestion Management Plans (CMPs) must be prepared within each of the 31 California counties containing an urbanized area. Al- though these CMPs are not necessarily prepared by local planning agencies, because they affect the trans- portation system they will directly affect local plan- ning efforts. Environmental regulations have a direct impact on the location, intensity, and types of land uses that may be allowed. Just as a general plan should reflect re- gional planning efforts, it should recognize pertinent state and federal environmental regulations. The Cali- fornia and Federal Endangered Species Acts prohibit the killing, harming, or harassing of endangered spe- cies of plants and animals, except under limited cir- cumstances and with express permission from the Department of Fish and Game and the U.S. Fish and Wildlife Service. The state and federal Clean Air Acts mandate regional air quality planning through air qual- ity management and air pollution control districts, as 174 General Plan Guidelines well as enforceable air basin regulations to reduce the production of specified air pollutants. The federal Clean Water Act empowers the U.S. Army Corps of Engi- neers to review and regulate land use activities that would fill or otherwise disturb jurisdictional wetlands. This chapter summarizes the key points of the ma- jor statutes and programs that relate to and impact the planning process. It should not be considered a substi- tute for reading the full texts of the laws and any other related materials that fully explain their provisions and requirements. Not everything mentioned in this chapter is relevant to every community. However, when a par- ticular law or program is relevant to your jurisdiction, you should be aware of its requirements and incorporate them into your planning process from the outset. CALIFORNIA COASTAL ACT The California Coastal Act of 1976 (Public Re- sources Code §30000, et seq.) was enacted to "pro- tect, maintain, and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources" (Public Resources Code §30001.5). The Coastal Act applies to the coastal zone, a strip along the California coast generally "ex- tending seaward to the state's outer limit of jurisdic- tion, including all offshore islands, and extending inland generally 1,000 yards from the mean high tide line of the sea" (Public Resources Code §30103). The actual coastal zone boundary is delineated on a set of maps adopted by the Legislature and located at the Coastal Commission's San Francisco office. The coastal zone excludes the area of jurisdiction of the San Francisco Bay Conservation and Development Commission. The Coastal Act otherwise applies to all those portions of cities (charter and general law) and counties that lie within the coastal zone (70 Ops. Cal.Atty. Gen. 220 (1987)). The Coastal Commission regulates development within portions of the coastal zone and oversees coastal planning efforts along the entire coast. The Act's poli- cies (Public Resources Code §30200, et seq. and §30702, et seq.) are implemented through cooperative action between the Commission and local governments. A central feature of this joint action is the local coastal Chapter 1`0: Special General Plan Considerations program (L,CP)- With: certa =n exc:eptions,. development, programs necessary to implement the Coastal Act within, they coastah zones is. subleet: `to a, coastak develop In addition, it must contain a specific public access ment:permlt:issued,either- by a lacals�gove>'nrnent°:pursuant component to assure hat maximum public access toa certified LCP.'or,; wh no certified I�CP'exists; by the' to the.coast:and publ c.recreation areas is provided Coastal. Comm- i_*ssion-,-.,1 A city or county, tl atJacks a-certi (Public Resources Code §30500). fled LCP' surrenders_ a.,gooda`deal::of plannmgM, authority The Coastal Act provides that the precise con- w-ithm the- cou, zone:4` tent of each LCP shall be :,determined by -the local Each -city; or county lying rn whole or,in part; -with ri:.the government; consistent with §30501; in1ull con coastal zone>1s supposed topreparean. LCP.forthat:p'art of sultation:with the- Commission and with full pub its,ju- sdiction withan.the zone. However.,.,any<iocal�gov- 1.1lic participation. (Publi ' .Resources Code ernmentmay request jifwriting,thatthe-eornmissionpre- §30500(c)); Tl e Commission's:methodology for pare an LCPfor diem (Publrc;Itesource s:Code.§3:0500(a)): preparing LCP,s can be °:found at .Title 14: Divi- An LCP adopted by the local` governmentmay be,certified sion 5.5. of the Californin .Code of -Regulations, r�n��,r,:.consisis_or a,coasai iana,,use p;or- tions:, of..a: city's or county's°. general plan) Y zonfirgordi The CoastalAct has special requirements for the Hance,: zoning :district; maps;,; and: where' re:quired,; other coastal zone portions of the ports of Hueneme, Long beach,, and Los Angeles andi the Sari Diego Un.i fled-PortI3istrict. Rather hanpreparing.LCPs, these Liseful O niti" nsi:r aI'if®lrn'1a: Casa1�> ; ports mustprepare master plans;and have them cer= tifiedby the Coastal Commission (Public Resources Laod ase Pl:a Thee; reCevant: portions,. -'of, a Local Code §30711: and §3Q714).'With .certain exceptions; IIID tolICII1.111+_ vjv/,jJ.-CI11U WJVGJJh' Wll'1IU11-1 CL1111111�'' QllU LVlllllg the requirements of'and- implement tl;e.pr ovisions law doesnot. Conversely, planning and zoning law and policies ofahe.Califor. nia.CoaStal./ct at the, Local requires the general plan to°address noise,; while level. (Public Resources` Code §3010.6) the 'Coastal Act doesnot. To simplify implementa- tion,coastal zone; communities should integrate General PlawGuidelines 175 Chapter 10: Special General Plan Considerations both sets of requirements into a coherent and inter- nally consistent local general plan There are many ways to integrate the general and coastal plan policies. Some communities have adopted coastal elements within their general plans. Another option is to incorporate coastal plan policies, plan pro- posals, and standards directly into the general plan's land use, open -space, and conservation elements. A third option is to adopt a specific plan or community plan for urbanized areas within the coastal zone. A com- munity plan focuses the general plan's policies on coastal issues. A specific plan may also do that, as well as enact coastal land use regulations. If a jurisdiction wants to submit its general plan as part of the LCP, it must describe how coastal policies are addressed therein. In many cases, new coastal plans or elements will be needed to address the Coastal Act's specific requirements. In order to encourage the gen- eral plan amendments necessary to preparing a certi- fied LCP, such actions do not count toward the limit of four general plan amendments per year (65358(d)). A general plan need not be parcel -specific. The Coastal Act, however, specifies that coastal land use plan provisions be sufficiently detailed to indicate the kind, location, and intensity of land uses (Public Re- sources Code §30108.5). According to the Coastal Commission's legal staff, this standard may require that the coastal land use plan specify the principal permit- ted use, the specific conditional uses, and the specific standards that will be used in reviewing development proposals for the various land use categories. Pursuant to Public Resources Code §30108.5 and §30108.55, a coastal land use plan is incorporated into the community's general plan, therefore it must be con- sistent with the rest of the plan. For instance, proposed development within the coastal zone must conform to community -wide policies for concerns not prescribed by the Coastal Act, such as noise. Likewise, develop- ment proposed within the coastal zone that would be permissible elsewhere within the community may be subject to unique policy considerations under the Coastal Act. For example, a commercial development within the coastal zone may need to provide visitor - serving commercial uses rather than, or in addition to, general commercial uses. There is a special situation where a community has a certified coastal land use plan but has not prepared the necessary implementing measures to obtain full LCP certification. If such communities adopt general plan amendments without updating the land use plan (through amendments that must be certified by the Coastal Commission), discrepancies may arise between 176 General Plan Guidelines land uses and densities authorized under the general plan and those authorized in the coastal land use plan. If the general plan and coastal land use plan diverge significantly, problems will arise when a project ap- plies to the Commission for a coastal development per- mit. Communities may avoid these problems by reviewing all general plan amendments affecting the coastal zone for consistency with their coastal land use plan. Communities can more efficiently control their planning process and obtain the authority to issue coastal development permits locally by completing their LCPs and seeking full certification from the Coastal Commission. Housing Requirements in the Coastal Zone In 1981 the Legislature deleted housing policies from the Coastal Act and established within the Gov- ernment Code special requirements for the protection and provision of low- and moderate -income housing within the coastal zone (§65590). These requirements supplement housing element requirements. They ap- ply only to cities and counties whose LCPs were certi- fied on or after January 1, 1982. Any amendments to the housing provisions in previously certified LCPs must be consistent with the 1981 requirements (§65590(f)). Section 65588, subdivisions (c) and (d), states that when coastal jurisdictions update their housing ele- ments, they must document the number of low- and moderate -income housing units converted or demol- ished and the number of replacement units provided. This helps the locality determine whether affordable housing stock in the coastal zone is being protected and provided as required by §65590. SURFACE MINING AND RECLAMATION ACT The Surface Mining and Reclamation Act (SMARA) is California's answer to two seemingly con- tradictory demands—the need for a continuing supply of mineral resources and the assurance that the signifi- cant adverse impacts of surface mining will be miti- gated. SMARA requires that local governments address mineral recovery activities at two levels: through di- rect regulation of mining operations (including recla- mation) and through planning policies that harmonize the mineral resource needs of the state and region with the maintenance of local environmental quality. SMARA also contains strong policies for the conser- vation of known mineral deposits in the face of com- peting development so that they will be available for extraction and use. Chapter 10 Special General Plan Considerations SMARA.,req*i &s e t and counthe's..to adopt ordi ® MRZ_' ': Areas, containing mineral -deposits the sig nance`s> my accordance wtli:.state polacy'for the review nificance of which cannot be evaluated from avail- and".'app of reclamation=: plans=,and- for the: issu- and able data: ance-of permits,Ito conduct:surface.�m.,ining: operations ® MRZ_4: Areas -where available `information is in- (Public Resources Code §2774) With certain.; excep- adequatefor assignment to any other MRZ zone. tions, issuance of a surface mmng permit is ;condi:- tionalyuporr approval of'w lamationp, ,an d.financial _ ® SZ Areas containing unique or rare occurrences assurances. for; declamation (Public $esource Code. of rocks;;4mirierals,. or fossils -that are .Of outstared th Localt ordinances ado ted_. to im lenient. %s: §- ) p P mg c Ot fic significance shall be classified'in this re, irement mustae reviewed and'cerhfied by the State: zone. Mining and` Geology Board for conformity with state law and the Board's. pohciesand:,procedures (Pub ic. Asthe.classification of each area is completed and J Resources Code,` §2774.3 and- -§2774:5). California approved; .the state board sends copies; of the State Surface Min,zng and Reclamation Polacaes and Proce= Geologist's report and maps..classifying.the mineral duces,..; available from the_ California Geological Sur:- land s.to the: affected. citie and counties. Within twelve vey describes SIVIARA in: detail: months: of. receiving the` maps and report; the city' or county must;4'§ part of its general plan, adopt mineral ClassIfllcatn/De.signation- resource management policies that: SMARA;establishes atwo:-step minerallands inven- ® Recogni' 6,4he' mineral classification information; tory-process, called; "cla-ssification-designation," in- including the classification maps; transmitted to it tended to:;ensure;-chat,important-min, eral deposits are, by the Board.;_` identified. and pr-otected for: continued: a-.andfurther Assist in he management of l"and uses that affect extraction:: areas of statewide and regional significance. Classcation ® Emphasize the conservation and development of identified significantmineral deposits. (Public Re- During,theKclassif ca. on,_ ase;,the:<State Geologist sources Code §2762(a)) prepares a -„geological. inventory ofosel`ected=important mineral commodities within°defined=study"regions The Proposed:city or county policies must be submitted objectives of a:' classif cahWreport include identify- to- the Board for review and comment prior to adop- ing.the.market.area of the: comrnodfity,., project ng the, non. The same id&rtrue of any subsequent amendments future:: needs for,: the .commodity within:ahe study - re`- to.these: policies .Ifa use is proposed that might threaten Bion; and --,.".geologically classifying° the lands wthmahe the potential.' recovery of minerals from an area that region: as> to: tlie: presence' or' abseiice of”'mineral re- has been classified M1ZZ=2, the city or county must sources. Classification' is based solely on; geological specify its.reasons:forpermittng the use, provide pub-` factors an&d"oes:not consider existing land uses. The. tic'notice of those. -reasons,, and forward a copy of its priority bytivhich area&are-classifiedtis basedup.on amstatement of reasons to; the State Geologist and the evaluation of which potential rnimral Tandsr are moist Board,( ubAjcResources Code §2762(d)). , likely' o. be converted' o uses that are: ncompatrb'1"e with min ingAor that would preclude: mining :. Designataon-;: 1Jrider S1VfARA and'theB_oard;'s 1979- Guidelines, In contrast to cl'assifeation which disregards land the State,-! Geologist classified mineral. areas' asone o'f ; use;thepurpose` of;designation in -to :identify those de - four Mineral Resource" Zones- (1VTRZ) or, a: Scientific posits that are of prime_ importance to the future needs Zone (SZ):. : of the.study.region and -that are available from a land ® NIRZ-1": Areas .where adequate`: information ind` use perspective: Designation.fine-tunes'the findings of cates,that no. significant nineral°.depos%ts are=preserit the: cl'assifrc�ation, report. or where it is judged thatlttle lkelihood.exsts.foc F-61,lowing,,;az public: hearing and. consultation with theirpresence:the affected=.cities;-and counti' I the State Mining and ® M 'Z. 2': ` Areas; where adequate informations mdi Geology Board may designate all or part of the areas cate's that significant -mineral dep©"sits are: present classified M=1ZZ-2 or SZ`as areas containing significant or: -where. it is j idged'that'a high hkel- f ood for, their mineral resources of statewide or regional significance. presence exists. As)isAhe:case following: tate classification, theBoard General Plan" Guidelines 177 Chapter 10: Special General Plan Considerations must transmit a report of its action to the affected city or county. Within twelve months of receiving this re- port, the city or county must: ♦ Recognize and include in its general plan the des- ignated areas of statewide or regional significance transmitted to it by the Board. ♦ Develop and adopt policies for the management of land use of areas classified MRZ-2 or SZ and des- ignated by the Board as areas of statewide and re- gional significance to protect those areas from premature development incompatible with mining. ♦ Emphasize the conservation and development of mineral deposits designated by the Board to be of statewide or regional significance. Prior to adopting its mineral resource management policies, the city or county must submit them to the Board for review and comment. It must also submit subsequent amendments prior to adoption (Public Re- sources Code §2762(c)). While SMARA describes the classification and des- ignation process as two separate steps, designation usu- ally closely follows classification. Thus, a city or county Useful Definitions: Surface Mining and Reclamation Act Area of Regional Significance:An area that has been designated by the State Mining and Geology Board pursuant to Public Resources Code §2790 that is known to contain a deposit of minerals that are of prime importance in meeting future area mineral needs and that, if developed in a non -compatible use, would result in the permanent loss of regionally significant minerals. Area of Statewide Significance:An area that has been designated by the State Mining and Geology Board pursuant to Public Resources Code §2790 that is known to contain a deposit of minerals that are of prime importance to meeting the future needs of the state and that, if developed with non -compatible uses, could result in the loss of minerals that are of statewide significance. Compatible Land Uses: Land uses inherently compatible with mining and/or that require a minimum public or private investment in structures and land improvements and that may allow mining because of the relative economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, very low density residential, geographically extensive but low -impact industrial, recreational, agricultural, silvicultural, grazing, and open -space. (California Code of Regulations,Title 14, §3675) Incompatible Land Uses: Land uses inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping and that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, high-density residential, low-density residential with high unit value, 178 General Plan Guidelines public facilities, geographically limited but impact in- tensive industrial, and commercial. (California Code of Regulations,Title 14, §3675) Minerals:"Any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum:' (California Code of Regulations,Title 14, §3501) Reclamation:"... the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety.The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures." (Public Resources Code §2733) Surface Mining Operations: "...all, or any part of, the process involved in the mining of minerals on mined lands by removing the overburden and mining directly from the mineral deposits, open -pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to: (a) In place distillation or retorting or leaching; (b) The production and disposal of mining waste; and (c) Prospecting and exploring activities." (Public Resources Code §2735) Chapter., 10. Special, Gene rail Plan Considerations should haue.:"to amendst's genexalplamonhy_ once to im 2. Requuirements :for recording notice of corporate tl ,,,information andtpolicies for both.the Blas= the presence of identified: mineral de..-: s"fcaton..and tlie;designationr. - posits in the chain..of property title. 3. Conditioris.r placed ,upon ncorrmpatble Relation, t®: the ener°al Pla ;e lap, , ses within and: next to any. areas An affected or- eounty: must-amend .its`:generah: co ntaining .identified-:mineral deposits ,city plan.. to recognize: class=ficatron. or,.designahon mfor:.- for the purpose of""mitigating any sig mahon, asci"st m'le management, o.f landFuses: that a£= rnf cant land use conflicts. fect areas .with minerals of, >statewide :and regional° significance; and adopt:policiesahat-emphasize the con- Once policies"have:been, incorporated into the gen- servat,on;and extraction'of identified.rnineral`deposits eral: plan tot;protect areas' containing minerals of re- (Public Resources Code:"§2762).:The land,'use' gional-or statewide significance, all.;of flie city's or .conser- vation and open=sp�ce.,elements are;.the.,most;common county.'. land use decisions affecting the:" designated locations for such ".1Alternativelyseveral ju- areas, .must be in accordance with those policies. When po"hcies r have adopted rnineral<resources making: len w,, decisions involving identified min- sd,16-4 s elements:: " The criteria to e used by affected cities and coon-" eral deposits; the jurisdiction-must consider the iin- ties in: deveropmg their own mineral resource manage= portance of the mineral resource to the market region ment�polieies are.;; laid out.by the.State Mining and for deposits.of regional s gnificance`or to-the.state and Geology Board:(Cahfornia" Code of l�egiilations,, Title the nation.for-deposits of statewide significance rather 14',.§3676):: Locahpolices�shouldmclude: than simply ,their `importance within the jurisdiction" (Pubhc�Resources Code,: §2763). A summary of the: _data. and analysis; provided in If. at, or . countyAntews to approve a use that pp" thecl'assfication and/or desrgnatio',re. orts; incor= would threaten the potential to extract minerals from proration of Public Resources Code §27.10, an area: designated as. either of regional or statewide and,,, state pohcn by refren-"(together with maps, s gnific'ance, the city or county must submit a state- ofthe identif%ed mineral: dep'osits), orV ine.orpora- Ment: specifying "its.. reasons to the' State; Mining and tion by reference of tlie: classification and/or dbs- Geology hoard- (Public: Resources. Code §2762 and ignationreports and: maps; §:27..63.): Unless the pro�ect=is subject "to 'CEQA, which ® Policies: that recognize the: "m ner,4 ; information-. has= its own",public notice requirements,: the city or transmitted by,the="state.: Board;;assist.in th e. in an= c:ounty;must=also;proui&notice-of the availability of agement of. land` uses`,.affecting.; areas= of4reg onal.. this, tatemerit; make the statement available for public and'statewide°-Slgllhfic{encs; and�emphasize the con= review for, atleast;:60 days, and hold a publi earing servation, and `development of the identified min;- for tli e+purpo5e of receluingYpublic comments. Prior to sial deposits:.'` approving the use;; the agency must evaluate all coni- ® Implementation-measures; including:r- meets, received and.inake.�a written response to each Reference m the general plan to the location explaining its reas:onsfor-approval`(Publc Resources ' of identfied:znineral deposits and' a discus= Code. §2762`a)s)`.. cion ofthose: areas targeted for: conservation. Zlndesgnafed lands, and' "ossible future resource extraction: p Public Resourcesx Code §2764 requires .that when Use of reaps o:clearly, d"ehneate identifie,d.: an area hasnot been,.desgnated as having mineral de- mineraldeposits and those areasaargeted for posits: of dtewide or regional significance and where conservation-and possible future resource ex the local�urisdictionlias not.adoptedmineralresource traction: ohcies m its:; eneral len the local a enc `must amend P g p" 9 g y ➢ At least-one: oYf the, following its general plan or-the applicable specific plan or adopt 1. Sgecialpurpose,overlay zones, rnmeral anew pecific pla i.wheneuer`so requestedfby, the op- resource/op.en sp"ac°e zoning,: or any erator `of an: existing,"sur..face° muu�e., or other interested other appropriat .lzonin41,a identit desperson (the:party requestingrtl%e design onv s respon- the;pres:ence:of mineral deposits and re s-ble"for paying; its: estimated.cost), strcts tl;e" eneroaehnent of incornpat " The affected city or county must: "plan for future able land; uses 'in those areas }tlrat are; to ,land uses, m the vicYnity of; and access: routes erving ' bei,: unserved. the Iling,,.i surface. mining operation in: light of the Genera[Plan.Guidelinos- 179 Chapter 10: Special General Plan Considerations importance of the minerals to their market region as a whole, not just their importance to the lead agency's area of jurisdiction" (Public Resources Code §2764). Evaluations prepared for the purpose of making amend- ments to the general plan or adopting a new specific plan must be sent to the State Geologist and the Min- ing and Geology Board. When adopting such amendments or a new specific plan, the city or county must make written findings relative to the compatibility of the land uses and ac- cess routes to the continuing surface mining operation. If the land uses and access routes are not compatible with the continuation of surface mining, the city or county must also state why incompatible uses are to be provided for in the face of the regional importance of the operation (Public Resources Code §2764). CALIFORNIA INTEGRATED WASTE MANAG EM ENT ACT In 1989, the state comprehensively revised its ap- proach to solid waste management and established the goal of reducing the state's production of solid waste by 25 percent by 1995 and 50 percent by 2000. The California Integrated Waste Management Act of 1989 (Public Resources Code §40000, et seq.) codified this approach. At the state level, the Integrated Waste Management Board ensures that the Act is enforced (Public Re- sources Code §40400, et seq.). The Board reports an- nually to the Legislature on the progress of the integrated waste management program, writes local waste management planning guidelines, and provides technical assistance to local agencies. The Act gives the Integrated Waste Management Board authority to oversee local waste management programs. Each county must prepare a Countywide Integrated Waste Management Plan (CIWMP) promoting the poli- cies of the Act and establishing local waste manage- ment policies to be adopted cooperatively by the county and its cities. The CIWMP must provide a summary of the significant waste management problems facing the county, an overview of the specific steps that its local agencies will take to meet the goals of the Act, and a statement of countywide goals and objectives relative to waste management. These plans and the related ele- ments are intended to complement, but stand separate from, the local general plan. References to "element" in the Act are not intended to mean a general plan element. Upon completion, each element of the CIWMP must be submitted to the Integrated Waste Management Board for review and approval or disapproval (Public Resources Code §41800). Once it has been approved 180 General Plan Guidelines by the Board, each jurisdiction shall review its source reduction and recycling element or the countywide in- tegrated waste management plan at least once every five years to correct any deficiencies in the element or plan (Public Resources Code §41822). If any revisions are made, they must also be submitted to the Board for approval or disapproval. In addition, each year after approval of a jurisdiction's source reduction and recy- cling element, household hazardous waste element, nondisposal facility element, or countywide siting ele- ment and summary plan, the jurisdiction must submit a progress report to the Board (Public Resources Code §41821 and §41821.1). The CIWMP is, in effect, a cooperative statement of policies by the county and its cities (or a regional agency and its constituent counties and cities) regard- ing solid waste management issues of countywide or regional concern; the need for solid waste collection systems, processing facilities, and marketing strategies; and the development of multi -jurisdictional arrange- ments for marketing recyclable materials. To the ex- tent possible, the CIWMP mediates conflicts and inconsistencies among individual city source reduction and recycling elements. The CIWMP must include: ♦ The county's and all cities' source reduction and recycling elements. ♦ The county's and all cities' household hazardous waste elements. ♦ The countywide siting element. ♦ The county's and all cities' nondisposal facility el- ements. (Public Resources Code §41750) The countywide siting element and any amendments to it must be approved by the county board of supervi- sors and by the councils of a majority of the cities con- taining a majority of the county's population (Public Resources Code §41760). Upon receiving the draft countywide siting element and summary plan, or amended countywide siting element and summary plan for consideration, a city must ratify or reject it within 90 days. Failure to act within that time period consti- tutes approval. Countywide Siting Element The county must prepare a countywide siting ele- ment describing the areas to be developed as disposal or transformation facilities (Public Resources Code §41700). The siting element must be consistent with the development and implementation of the individual county and city source -reduction and recycling ele- ments. The countywide siting element must contain: General Pla-n Guidelines: 18 } including a solid waste landfill (P.ubaic R`es.ources Code Chapter I'0: Special Geoeral Plan Considerations ® C"z'oalsy and policies 44 the, environmentally safe solicit public participation by the affected commu- Resources Code §40] 9 1). Solid waste does not include transformat on or, disposal ofs.olid.wasto:that can- nities including, but not limited to, minority and not be red uced„recycled:.or. composted:. low-inrome.populations. ® An estimate ofthe total capacity that vv 11 be: needed Solid Waste adlity:A disposal facility, disposal site, fora 1.5-yearplanningper od.to:handle:°sohd':wastes Source Reduction and Recycling Elements or solid waste-transfer/processing station (Public gene rated`w.itkin,tlie->county that:cannot be reduced, The`<county. and each of its =constituent cities must chem,ical'o.r infectious character1stics,`may,ethe -: (a) recycled: or composted:' ' prepare their :own source re,duction..and recycling. ele- ® A:, statem of maining the= rec:ombined capacity ments (I'ublic`ltesources Code 01000, et seq:, for cities of existing sold.wastetransformation5and disposal and §413.00,, et seq.,for counties). These elements must: .; Source- Reducti®ne Any action that causes a, net facilities at theaime hat the element:was prepared ® Identify fha,constituents of solid: waste by volume in:capacitatin.g revejrsible ._illness,,or:. (b): Pose a or revised. and weight, type of material, and source. Identification of specific-areaslfb new, orexpanded ® Describe the.. methodsincluding, recycling and solid : waste transformation or� disposals>facilities, composting, by which the jurisdiction will reduce nonrecyclable materials; replacing disposable materials consistent, with ahe applicable county- or: city gen- the amount of:solid waste being:generated. stored. transported,.or. disposed ofor otherwise eral plan: This is. only regpke.d if the county deter- ® Identify” and describe projected costs, revenues, and mines that .existing; capacity will be;.exlausted revenue sources necessary to implement the element. within the 15'=yearTplanning horizon. Describe existing handling and disposal practices wastes;generated; establishinggarbage;.rate structures For6elernents-submitted or revised on:or'after Janu- for special wastes such as asbestos and sewage _ ary.1; 2003". a -description of the actions taken to sludge. Useful Def,A:neteronse:6te�ated ante Manggement Act generators produce; and increasing the efficiency of lip®saI N cil ty .Any facility ori; ocation where the refuse;.-,per;rubbish; ashes:; industrial wastes; ,,ainstream in the form of raw rnaterialA the economic m disposal of so li"dwaste,occurs (Pu blic.,Resources Code demolition.:.and" construction wastes; abandoned §4012.1). vehicles., and ;parts, thereof; discarded home and Disposal Site The .place, location; tractyofland, area, industrial appliances; dewatered, treated, or chemically reduction does not include, steps taken after the or° premises.m useintended to .le:us'ed or that has fixed sewage sludge that is not hazardous waste; - been used for 'the. landitll:"disposal of =solid .wastes manurevegetable;or animal solid and semisolid wastes; General Pla-n Guidelines: 18 } including a solid waste landfill (P.ubaic R`es.ources Code and other discarded olid and semisolid wastes (Public §40'121), Resources Code §40] 9 1). Solid waste does not include hazardous= waste. ; Hazardous aste Pc,waste or combination of wastes Solid Waste adlity:A disposal facility, disposal site, that, because of its quantity;.concentration,:or physical, or solid waste-transfer/processing station (Public chem,ical'o.r infectious character1stics,`may,ethe -: (a) Cause; or significantly contribute to„an°,increase in Resources Code.§40 194). rn-ortality' or"an increase in. serious, i`r<revers'ible, or Source- Reducti®ne Any action that causes a, net in:capacitatin.g revejrsible ._illness,,or:. (b): Pose a reduct on An .the generation. of solid waste. This substantial present. or? potential hazard to= Human includes, but is not limited to,: reducing the use of health or. environment when; impro ;er1y reated, nonrecyclable materials; replacing disposable materials stored. transported,.or. disposed ofor otherwise and products with reuseable .materials and products; managed. (Public Res;ources,Cod., §4Q141) reducing packaging; reducing, the amount of yard Recycling The process of collecting,sorting,cleansing, wastes;generated; establishinggarbage;.rate structures tr-eating;.�and reco.nstitu.ting, I” -h' would vuith incentives to reduce the amount of wastes that otherwise..become;s.olid wastepan.d returnin rtihern to g generators produce; and increasing the efficiency of ,,ainstream in the form of raw rnaterialA the economic m the use of paper, cardboard; glass, metal, plastic, and for products:.,.which meet the: quality standards to be other materials in the manufacturing: process: Source used inthemarketplace (Public Resources:Code §4018Q). reduction does not include, steps taken after the - material becomes solid waste or action that would Solid-Wiste:All putrescible andtinonputrescibl`e solid, impact. air or water resources in lieuof land (Public semisolid°; and Ii` quid'wastes including .garbage, trash, Resources Code §40196); General Pla-n Guidelines: 18 Chapter 10: Special General Plan Considerations The source reduction, recycling, and composting components of the element must contain specific ac- tion programs as well as schedules for meeting the Act's diversion goals. The source reduction component must also identify and evaluate programs and economic in- centives to reduce the use of non -recyclable materials, and to replace disposable materials and products with reusable materials and products. Household Hazardous Waste Elements The county and its cities must each prepare and adopt a household hazardous waste element identifying a pro- gram for the safe collection, treatment, and disposal of hazardous wastes generated by residences that should be separated from the rest of the solid waste stream. (Public Resources Code §41500 for cities and §41510 for counties). Nondisposal Facility Elements The county and its cities each must prepare and adopt a nondisposal facility element (Public Resources Code §41730 for cities and §41731 counties). This element describes any new solid waste facilities and expansions of existing solid waste facilities needed to implement the jurisdiction's source reduction and recycling ele- ment. Facilities that will recover or recycle at least five percent of the total volume of materials they receive must be included in the element. Transfer stations that recover less than five percent of the volume of materi- als received for reuse or recycling must be included in the element, but those portions of the element are not subject to Board approval. Relation to the General Plan Sound planning practice suggests close coordina- tion of waste management planning with local general plans. General plans contain information, assumptions, and projections that should serve as the basis for county waste management planning. General plans, for ex- ample, project future population growth and economic activity and designate areas proposed for residential, commercial, industrial, agricultural, and institutional land uses. General plans also contain information re- garding transportation routes, existing land uses, and environmental conditions. This information is critical to developing estimates in the integrated waste man- agement plans. The countywide siting element of the CIWMP and the land use elements of the affected city and county general plans are the primary vehicles for planning the location of solid waste disposal or transformation sites. The siting element must correlate with local general 182 General Plan Guidelines plans. Accordingly, all siting elements submitted to the Integrated Waste Management Board as part of a CIWMP must contain a resolution from each affected city and the county stating that any area identified for location of new or expanded facilities is consistent with the applicable general plan (Public Resources Code §41720). Further- more, the Act establishes standards for determining con- sistency (Public Resources Code §41702). A siting element may tentatively reserve an area for a new or expanded waste facility even though the area is not consistent with the applicable general plan. How- ever, the designation will not become permanent un- less the affected city or county expressly finds that the area is consistent with its plan. The designation will not become permanent if the affected agency finds that the area should not be used for a facility (Public Re- sources Code §41710-§41712). The land use element is required to designate fu- ture locations for solid waste disposal facilities (§65302(a)). Similarly, the countywide siting element must identify and reserve sites for the establishment or expansion of solid waste transformation or disposal facilities consistent with applicable city or county gen- eral plans (Public Resources Code §41702). An area is consistent with the city or county gen- eral plan when the adopted general plan complies with state planning law, the area being reserved for a new or expanding solid waste facility is located in or adja- cent to an area designated for that use on the appli- cable general plan, and the land uses authorized in the area adjacent or near the area being reserved for a solid waste transformation or disposal facility are compat- ible with the establishment or expansion of such a fa- cility. (Public Resources Code §41702) The law provides no direction for what constitutes compatible land uses or how much area around a site is subject to the compatibility requirement. Cities and counties, therefore, must make their own determina- tions. Their land use elements should contain goals, objectives, and policies addressing the question of compatibility. When developing policies for allowable uses near solid waste facilities, cities and counties should pay special attention to particularly sensitive uses such as schools, hospitals and health care facilities, residential development, and commercial and office developments. COUNTY HAZARDOUS WASTE MANAGEMENT PLANS A county may, at its discretion, prepare and adopt a hazardous waste management plan (HWMP) for man- aging all hazardous wastes produced in the county (Health and Safety Code §25135, et seq.). State law Chapter 10: Special General Plan Considerations creates a;strong incentive for doing sa: by giving the. ALQUISTPRIOLO E RTH UA E FAULT staWauthorify-to;supersede locallanduse4powers-over ZONING ACT the sitiing` and:p.ermitting of`new-hazardous.waste fa- The Legislature originally enacted heAlquist-Priolo cihtzes: if the:county does.not have-an,approved HWMPActin 1972 (Public Resources Code -§2621, et seq.) to, (Health and Safety Code §25199; et seq ). As a;result assure that Homes, offices, hospitals;' public buildings; most :counties lime_ adopted a„HW1V1P, and other.structures for humanoccupancy<are not built County hazardbns waste management.plannmg is on,active faults. The, Act requires a geological investi- ar cooperative of%rt The county, the cities,-vwith n gation befor&"a,local government can ,approve most then county;;>the pubhcand,'ndu'stry jomtly, develop developriient'proj.ects in the vicinity of known earth- a.county orn regional: H;WIVIP Tlie HWIVIP mustdis- quake faults: cuss the volurrie:=o£ thp,�-waste; stream;:; exi"sting. and The `:State: Geologist maps: earthquake fault zones projected additional,faclities; facility sitng:pohcies, along:the.traees of known potentially and recently ac- and:.implementation. action , am.'ong other things tive major` faults.. These zones usually are orie=quarter (Health and: Safety Code .§25135:1,(d)),Inaddition , mile or less in width (Public Resources Code §2622). it may: include a se. ..of any other. local: pro The State Geologist.periodicallyrevises these maps and grams= the.county determines, to,b'e necessary to pro designates',new zones as studies identify hazardous vide for: the proper, management: of hazardqus wastes. faults. before the zones are designated officially by A HWIVIP' must P be�. ",re.p ared.with .the - assist ance.of alocally appointed advisory cornet ttee.(Health arid: Safety 'Coder USefuI efniti®ns: Earthquake Fault Zoning Ct §25.]:35.2) and it:must"be: adopted by the. sponsor=mg county In, addition, it must: ; " fictive fault: A fault+ that has had surface displacement,within be. approved; by 4,,, in `nty of the:.cities. ` Holocene time (approximately the past I 1,000 years). (California wrthm'the county that, contaim4a rnajonty: Code of Regulations,Title 14, §3601 (a)) of the population of the; incorporated` area:. The. plan,mustbe subrn tted'-;to the. PaultTeace:The line formed by the intersection of a fault and the state:I epartmerit of Health es,for. earth's -surface. It isahe representation of a fault as depicted on review and: final°"appravar before it be map, including maps of earthquake fault zones. (California Code comes effective: T'he statdwill review the. of,Regulations,Title 14,-§3601(b)) plan for Its compliance; with ta_tute and: Pr®,ect:Any of the following (Public Resources Code §2621.6): the,IDepartment of.Healtfi Sery ces'.'guide Any subdivision of land that is subject to the Subdivision Map lines forpreparmgfand k opting hazardousk ,qct (Division 2 com. mencing with §66410, of the Government wastemanagement' plans (Haealtl and; Code), and that=contemplates the eventual construction of SafetyCode�§25,1�3;�5 5,.and-.§25135.,7):.. The'. structures for human occupancy. schedules for preparing ;and adopting an ® Structures for human occupancy, with the "exception of HWMP are:specified in Ne, alth:and: Safety Code §2513'5.6. and. §251f35.7. ➢ Single-family wood frame dwellings to be ' built on parcels of 1and, for which geologic reports have been Relation tu. �heGenea.� Pian approved pursuant to the provisions of paragraph (1) of this. subd'ivi'sion. The HW°MP� must either be incorpo rated by reference. into a county's gen A-single-familywood;frame dwelling not exceeding two eral' plan or a .county must enact an stories when such dwelling is not -part of"a development .; ordinance requiring that all applicable . ,. of four or more dwellings.A mobilehome.whose body, zoning,.subdivisian,conditionaluseper width exc,ee.ds eight feet is considered;to be a mit;. andvarance decisions be consistent:: single-family wood ;frame dwelling not exceeding two with:ts,HW1VIP (Health: and Safety Code '` stories §21135 7(b)) Obviously,. cons stency. Structure:.f®r° Human Occupancy: Any structure used or with°"tlie land use element'is important m :' intended for supporting or.'sheltering any use or occupancy, which orderto�avoid policy.conflicts The safety . is exp`ect6-&to have.a. human occupancy, rate of more than 2,000 element may also;be. involved if; for ex person' hours per year. (California Code of Regulations,Title' 14, ample, the element addresses hazardous: waste- handling. and transport: General Plan Guidelines,; 181 Chapter 10: Special General Plan Considerations the Mining and Geology Board, preliminary maps are sent to all affected cities, counties, and state agencies for review and comment (Public Resources Code §2622). Within 90 days of final approval of an earth- quake fault zones map by the Board, the State Geolo- gist must send copies to affected cites and counties. The Board provides specific policies and criteria to guide cities and counties in implementing the law. The affected city or county must inform the pub- lic of the locations of all designated earthquake fault zones. Disclosure can be made by reference in general plans, specific plans, property maps, or other appro- priate local maps (Title 14, California Code of Regu- lations, §3603(b)). The city or county must also adopt procedures for reviewing and approving permits for new buildings located within fault zones. For example, before the city or county can approve a project within an earthquake fault zone, the applicant must submit a registered geologist's report describing any possibility of a surface rupture. If the city or county finds that no undue hazard exists, it can waive the requirement for a geologic report with the approval of the State Geolo- gist (Public Resources Code §2623). The California Geological Survey's Fault -Rupture Hazard Zones in California contains guidelines for evaluating hazards, a suggested outline for geologic reports on faults, and other useful items. Relation to the General Plan The Alquist-Priolo Act states that its purpose is to provide for "the adoption and administration of zon- ing laws, ordinances, rules, and regulations by cities and counties in implementation of the general plan." (Public Resources Code §2621.5). The Act's provisions should be reflected in the plan's land use, safety, and open - space elements. As with other planning issues, the Alquist-Priolo program should be addressed at three levels: data and analysis, policy; and implementation. The data on the State Geologist's maps, including the approximate location of the faults and the boundaries of the earthquake fault zones, should be trans- ferred to the hazard maps already in- cluded in the general plan. The general plan should incorporate Alquist-Priolo Act policies restricting building within fault zones. A city or county may also establish policies and criteria more re- strictive than those of the Act or adopted by the State Mining and Geol- 184 General Plan Guidelines ogy Board. Implementation may occur through dis- closure requirements as well as through zoning and subdivision requirements. SEISMIC HAZARDS MAPPING ACT The Seismic Hazards Mapping Act (Public Re- sources Code §2690, et seq.) complements the Alquist- Priolo Act by requiring the State Geologist to compile maps identifying seismic hazard zones—those areas that during an earthquake are susceptible to ground shak- ing, landslides, or liquefaction. Where official seismic hazard maps exist, cities and counties must require that the developer prepare a geotechnical report delineat- ing any seismic hazard and proposing mitigation mea- sures before they may approve any project in a seismic hazard zone (Public Resources Code §2697). The mini- mum level of mitigation for a project should be to re- duce the acceptable risk of ground failure in an earthquake to a level that does not cause the collapse of buildings for human occupancy (note that this level would not preclude ground failure or major damage to structures short of collapse). Further, before real estate may be sold, the seller must disclose to the prospective buyer the existence of a seismic hazard zone. To view official seismic hazard maps, go to the website for the Seismic Hazards Mapping Program within the Depart- ment of Conservation's California Geological Survey at www.conservation.ca.gov/cgs. Relation to the General Plan The Seismic Hazards Mapping Act specifically re- quires cities and counties to take into account the in- formation available in seismic hazard maps when Definitions: Seismic Hazards Mapping Act Acceptable Level of Risk: The level that provides reasonable protection of the public safety, though it does not necessarily ensure continued structural integrity and functionality of the project. (California Code of Regulations,Title 14, §3721) Project:The same meaning as in theAlquist-Priolo Earthquake Fault Zoning Act, except as follows: ♦ A single-family dwelling otherwise qualifying as a project may be exempted by the city or county having jurisdiction. ♦ "Project" does not include alterations or additions to any structure within a seismic hazard zone that do not exceed either 50 percent of the value of the structure or 50 percent of the existing floor area of the structure. (Public Resources Code §2693) Chapter 10: Special'General 'Plan Considerations preparingstheir safetye bments. and when adopting, or, vides for: the orderly growth of each public use airport revising lan&'Use planning;regulations,:such as>zonmg: over a 20=year span and minimizes <land use conflicts (Public,: Resources Code § 2699) Policies :may also: be over height and noise with "the surrounding area. The inc'luded.in-the open-sp"ace,and land°use elements.when ALUP may include` building height restrictions, not redundant: Ti e State 1Vlining and Geology=:Board- s, specify allowable land uses, and determine building - Guidelanesfo�EvaluatingandlVlitigaiingSeismicHaz. standards(including,soundproofing) within the plan- ards offers: useful:'suggestions-for compliance;:.. ning,area-:of each airport.. Public ,Utilities Code §21674 empowers the ALUC COBEYALQ00 FL O. PLAT to do the following: ANGEtN ACT Assist` local agencies in ensuring compatible land This., act: encourages local governments to "plan; uses, in the vicinity of all -new airports and in the adopt;: and enforce`floodplain:management regulations. vicinity. of existing airports to the: extent that the (Water., Code §8400,-et-seq.). Where a federal.flood land in.the vicinity of those airports:is not already control. project report. las: been. issued :designating: devot4to incompatible uses. floodway b=oundaries;, the= Department of Waster Re:= Coordinate planning state; regional, and 10 sources or:;the State Reclamation Board, - ill. not: ap- cal levels° o as to "provide for the orderly develop proprate. money ;in support.: of the"projeet unless the t f tr rt t h'l` t th t' applicable agencyhas,enacted floodplainreguation : Those°regulations;must`prov de that: ® C.onstruction of structures in the floodway.that may endanger life" or significantly reduce` its carrying capacity shall: be prohibited. ® Development will be Allowed, within the= "restrict t. tive:-zone" betweenthe floodway andahe limits of the floodplain as long as_human<hfe-andsthe`:carry= ing. capacity" of the floodplain=are pr`otected:. (Wa ter,Code §84:10) eY tt-16 to' the, ewe a1 Plan Tie Actesupports, restriciue ,general plan polices and-zonmg;provis ons with re" pqp, o floodplain"mari agement , Poh.cies and ;programs, providing for pro tection and-;prevention'of community flood.:hazards men o air . anspo a ion w i" e a protecting the public health; safety; and welfare. : Prepare. -and adoptanALUI? pursuantto.Public Ut li ties Code §21675.. ® Review tie" plans, regulations, and other actions of 1`ocal, encies;and'airport operators pursuant to Pub'- lic, Utilities Code §21676: The ALUC does not; however„ have the power to regulate airport operations. Untl;'an ALUC adopts. an ALUP, a city or county considering, a project -.within the vicinity'of a public- us, ublic-u e airpoft" :mustsubmiithe-proposal to the ALUC for review an, 4' (Public Utilities Code §2`1675:1) In, effect,:.ti e AL 7C r caking land use decisions in place --:"of the city or county,during this period. Projects may only be approved when- the ALUC finds that it is should, e:incorporated`mto,"the safety element. Fur- in' akingjprogress towar'&completing its plan, the action ther;., floodwaysa.and floodplain boundaries; should. will probably be: consistent with that plan, and the is be,Oesignated and a consistierit land use> designation' little probab =hty that:the project will interfere with he given'to .affected: lands. in. the. land.;use =element,replan;'even ifthe: action=is ultimately inconsistent chiding: its. dia"grain): with. that plan. If project is denied by the ALUC, the - city's. 'or cooverrule that A6RPORT LAN D U S,.CMMiSS, 9OIN. decision by: a`>two-thirds:vote if itmakes'fmdings that Each county containing one or snore pubaYc" use doing: so inconsistentwiththepurpose ofALUCs (Pub - airport is required to. either: establish an�airport:land tic-Utilities."Code: use commission (ALUC): or,:in cooperation with: af In= some, counties -that choose not to establish an fected' cities. and='Caltrans' I avision.of Aeronautics., ALUC`'or delegate its duties,°, he county and aff6cted adoptproc:e sen and designate anralternahve=agency cities can prepare; anALUP for'each airport and adopt f r th ; . r f r `ariri =an ai ort 1a V; se lari o _epu poseo p ep g, rp p. proces'ses..for the; -amendment of=general and specific for each--..suchairport (Public Utilities., Code §21670 paaris.to he consistentwththe'comprehensive ALUPs. and §21670` 1),: Ad�oiri ng counties may also„estab- These: processes. ar:.e subject -to -,rev ew and ratification lishl an inter -county ALUC when, ;there, is an: airport- by Caltrans'. Division ofAeroiautics. Other exceptions that straddles county ines,:(PubTic Utilities Code. to the” rule.. ori, "establishing an ALUC 'are described in §21670.4): The airport land- use'plan (ALZ7P) pro Public, Utihtes Code §21670:1 I General; --Plan', Guidelines 185 Chapter 10: Special General Plan Considerations Relation to the General Plan Once an ALUP has been adopted, pertinent city and county general plans and other local land use and building regulations must be made consistent with it unless the city council or county board of supervi- sors votes by a two-thirds majority to overrule the ALUC and makes specific findings to justify not amending their regulations and plans (Public Utili- ties Code §21676). The findings must show that the action of the legislative body: ♦ Provides for the orderly development of each pub- lic use airport and the area surrounding such air- ports in such a manner as to promote the overall goals and objectives of the California airport noise standards adopted pursuant to Public Utilities Code §21669 (Title 21, California Code of Regulations, §5000, et seq.) and prevent the creation of new noise and safety problems. ♦ Protects public health, safety, and welfare by en- suring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety haz- ards within areas around public airports to the ex- tent that such areas are not already devoted to incompatible uses (Public Utilities Code §21670 and §21676(b)). Subsequent changes to the general plan, specific plans, zoning ordinance, or building regulations affect- ing areas covered by an ALUP must also be referred to the ALUC before being adopted by the city or county (Public Utilities Code §21676(b)). The ALUC has 60 days to determine whether the proposed action is con- sistent with the airport land use plan. If the ALUC de- termines that the proposed action is inconsistent with its plan, the city council or board of supervisors must either modify the proposed action or overrule the ALUC's determination by a two-thirds vote after a pub- lic hearing. Where an alternative approach to airport land use planning has been approved by the Division of Aeronautics, consistency protocols will be estab- lished by the county and affected cities and ratified by the Division. ALUPs apply to land use, noise, and other devel- opment issues that also are addressed in the local gen- eral plan. The local general plan should incorporate, at least in summary form, essential background data from the ALUPs, such as information regarding safety zones and areas affected by aircraft noise. The noise contours for each airport in the planning area should be part of the noise element. 186 General Plan Guidelines The general plan should contain development poli- cies, plan proposals, and standards for land use and development around airports, including: ♦ Policies consistent with the purposes of the Air- port Land Use Commission Law. ♦ Land use designations specifying allowable uses that are compatible with identified hazards and noise problems. ♦ Standards for building heights that minimize haz- ards from aircraft. ♦ Standards for noise insulation at least as rigorous as those required by the state and the airport land use plans. ♦ Objective criteria for determining when it may be appropriate to override the recommendations of the land use commission or alternative body in accordance with the policies of Public Resources Code §21670. The California Airport Land Use Planning Hand- book, prepared by the Division of Aeronautics, is the state's primary reference for airport land use planning. The publication discusses the requirements of the state statutes, overriding findings, noise compatibility plan- ning, safety aspects of airport planning, height restric- tions, and airport master plans. CEQA specifically requires use the California AirportLand Use Planning Handbook (Public Resources Code §21096). CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 The Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 (CKHA) establishes pro- cedures for local government changes of organization, including a city incorporation, annexation to a city or special district, and consolidation of cities or special districts (§56000, et seq.). The Local Agency Formation Commission (LAFCO) of each county is the agency with the au- thority and responsibility to regulate these activities. LAFCOs have numerous powers under CKHA, but those of primary concern are the power to act on local agency boundary changes and to adopt spheres of in- fluence (SOIs) for local agencies. Incorporation is the formation, creation, and estab- lishment of a city with corporate powers (§56043). In- corporation must be initiated by voter petition, followed by a study and approval process supervised by the LAFCO. Chapter= 10: Special.G,eneral Plan Considerations Aimexa#Ogmtjs<the inclusion; attachment, or addition, frequently serves`as a starting point for the city or county oft . r-ritory;to-a city or,district (§56-0:'17):. Annexsation is pl'anning;_area. , a type, of boundary change, that increases the jurisdic:- A-,city:must receive approval from the LAFCO. to tional'`area=oUcity ovspeciandistrict; Annexationmay annex.l`and to.the city- By Jaw, the LA.FCO must require be initiated* '0,y.,--,',4voterpetition= or by resolutions of: the as a.conditioi of annexation that,a city prezone the tern- govemmg body of a city or specials districa tory to be annexed (§56375(a)). I'rezoriing may take place A ,sphere; of ti flues Fce. i4swa p1`an for4 the, probable3. prior to, _ application,for annexation or at the same time physical boundaries and, service. area of a city or drs= as.the^annexationpropo sal ;The LAFCO may review the tra_t,. asrdeteimmed by the LAFC® (§ 56076) , Thisplan. type ands intensity of, development, that is proposed for serves;.as a= bases :for making ;future,.annexation: dec- the area; to. be annexed before making its decision. Sion& and is::iritended to.p"rovide'for orderly growth and In making any of the above. decisions, ;the LAFCO development : Aniiexation�_of 'land outside the SOI is must.review applicable local.general plan policies and generally not allowed:` developmentproposals to:=ensure that LAFCO objec- LAFCOs are subdivisions_ of teas. -state: They have fives for. efficient development are :achieved and that no authority to dictate: he ;land use policies; of. cities legal -findings',-::can be made Local general pla poli° and counties an&no. direct.land:use.control .However; cies may need to,be reconciled with LAFC® policies CH -.,'KA' assigned LAFCOr a;prom hent ro e: in -regional in order for 1lib city or district to receive ;LAFCO ap planning issues, by cliargmg:ahern. to consider a wide proval..The LAFCO, for instance, may be unable to range of 1"and use 'and: growth factors when acting on approve.an annexationor: SOI amendmeiit'if those ac matters under their jurisdkt_, A.LAFCO:;has broad tions could be :construed to encourage sprawl devel- statutory :respons.ibility-'to facilitate planned, orderly, opment:..on prime. agricultural land. efficrent:patterns, of urban development, .:preserve ag LAFC®s 'also. have an important role; in consulta`= ricultural lands;zarid discourage urban sprawl. LAFCO. tion on local general plaris..State planning law requires decisions'must balance the,competing heeds for afford cities and counties to refer their general; plans :to the able housing, econ_ onus, opportunities; and. -.teas preser= LAFOO before: adopting or amending the general plan vation of. natural resource&-: Because, of `this; some (§65352)::LAFCOs act:: as both lead agency and re- consider LAFCOs to,be the: state:'s only: true regional sponsible agency when making CEQA determinations. growth:management,agencies LA COs cai ?have a powerful influence on local but approval is subject; to;. review based on ,LAJ�C U planners nou10 involve: ne Ei.0 m any discussions nolicv obiectives:'As. elscussed in: Chanter 1._. he. SO.I, reardl ink,',: range ulanninissues 187 Chapter 10: Special General Plan Considerations REGIONAL TRANSPORTATION PLANNING Transportation planning is much more than map- ping future freeway alignments. It involves planning for various modes of transportation, complex traffic modeling, conformity with air quality standards, con- gestion management, and many other factors. Regional transportation planning is a complex field populated by multitudinous state and federal laws and regulations. Effective in 1998, California revised its local trans- portation planning process to give greater authority to regional transportation planning agencies and to specify that most state transportation funds allocated through the regional transportation planning process must go to regional projects (Chapter 622, Statutes of 1997). The following is a brief discussion of the major points, but is not intended to be a comprehensive review of the requirements and processes involved in this branch of planning. State law requires each of California's Regional Transportation Planning Agencies (RTPAs) to prepare a Regional Transportation Plan (RTP) and a Regional Transportation Improvement Program (RTIP) that co- ordinate and balance the regional transportation sys- tem, addressing such topics as highways, railroads, mass transportation, bicycle and pedestrian facilities, aviation facilities, and ships (§65080, et seq.). The RTP and the RTIP, as part of the California Transportation Commission's process of selecting projects for the State Transportation Improvement Pro- gram (STIP), establish the basis for state funding of local and regional transportation projects. Federal law also requires an RTP as a prerequisite to funding such projects. Under federal requirements, a Transportation Improvement Program (TIP) identifies individual projects that may be eligible for available funding. Most of the state's regional councils of government function as RTPAs (most are also designated as Met- ropolitan Planning Organizations under federal law). The Metropolitan Transportation Commission and the Tahoe Regional Planning Agency are designated as the RTPAs for the nine -county San Francisco Bay Area and the Lake Tahoe region, respectively. The RTPAs coordinate with the public, advocacy groups, local governments, transit operators, congestion manage- ment agencies, air quality districts, Caltrans and other state agencies, and federal transportation and environmental protection agencies when preparing their plans and programs. Pursuant to §65080, et seq., the RTP must include: ♦ A policy element setting out the area's transporta- tion objectives and policies, consistent with the fi- nancial element. 188 General Plan Guidelines ♦ An action element describing the programs and ac- tions necessary for specified agencies to implement the plan over its 20 -year lifespan and integrating county congestion management programs. ♦ A financial element summarizing the cost of plan implementation, including a comparison of avail- able revenues to expected costs, and recommenda- tions for the allocation of funds and development of new revenue sources. The element is based on Caltrans' four-year estimate of available state and federal funding. Each RTPA whose planning area includes a primary air carrier airport must include within its RTP an air- port ground access improvement program (§65081.1). The program must address the development and ex- tension of mass transit lines to the airport. The RTIP identifies and prioritizes specific trans- portation projects within the region on a five-year schedule, updated every two years (§65082). A project study must be done for each project included in the RTIP (§ 14527(f)). The RTIP is submitted to Caltrans and the California Transportation Commission, which consider it for inclusion in the STIP. The Com- mission may reject an RTIP that does not meet Com- mission guidelines or that is not cost-effective, but cannot reject individual projects within an RTIP. Projects included in the STIP are eligible for state funding of project planning, programming, and moni- toring. State law provides that 25 percent of the funds made available through the STIP must be programmed and expended for interregional improvements (the Interre- gional Transportation Improvement Program, or ITIP) and mandates that 75 percent go to regional improve- ments (the RTIPs) (Streets and Highways Code § 164(a)). The STIP must specify the funding for per- mits and environmental studies, planning, right-of-way acquisition, and construction for each project in the program (§ 14529). Under state law, each county containing an urban- ized area must establish a congestion management agency (CMA) to prepare and adopt a congestion man- agement plan (CMP) (§65089, et seq.). The CMP es- tablishes programs for mitigating the traffic impacts of new development, including deficiency programs where congestion is extreme, and monitoring the per- formance of system roads relative to established Level of Service standards. The CMP is expected to link land use, transportation, and air quality concerns. At a mini- mum it must include all state highways and all princi- pal arterial roads. G I DI I A 1 1:00 enera: an uI e ines. Chapter 10: Special General Plan Considerations the other, or under both acts, in which case the provi- sions of the act that provides greater protection for the species in question applies (16 USC §1535(f)). Jurisdiction The Secretary of the Interior and the Secretary of Commerce (acting through the U.S. Fish and Wildlife Service and the National Marine Fisheries Service, re- spectively) are responsible for the administration of the ESA. The Secretary of Commerce has jurisdiction over all but a few marine species. The Secretary of the Interior is responsible for all other species (16 USC §1532(15) and §1533(a)(2); 50 CFR §402.01(b)). The term "Secretary" as used in this section refers to the Sec- retary who has jurisdiction over the species in question. Under the CESA, the California Fish and Game Commission is responsible for the listing of species (Fish and Game Code §2070) and the California De- partment of Fish and Game (DFG) is responsible for ad- ministering and enforcing all other aspects of the Act. Listing The cornerstone of both the ESA and the CESA is the listing of species. Once a species is placed on ei- ther the endangered or threatened list it is granted the substantial protections of the Act (see Prohibitions below). In California, CESA protections are also ex- tended to those species that the Fish and Game Com- mission has formally noticed as a candidate species (Fish and Game Code §2085). Several factors are considered in the decision to place a species on the list, including the current status of the species and the nature of the threat (50 CFR §424.10, §424.11; 14 California Code of Regulations §670.1(b)). Listing decisions must be based on the best available scientific data and the status of listed species must be reviewed every five years to determine if the conditions leading to the original listing are still present (16 USC § 1533(c)(2)(A); Fish and Game Code §2077). Economic impacts are not taken into consideration in the listing process (16 USC § 1533(b)(1)(A)). Both the ESA and the CESA provide that individu- als, organizations, or other agencies may petition the administering agency to add, delete, or change the list- ing status of any species (16 USC §1533(b); Fish and Game Code §2071). Both acts also contain emergency listing provisions, allowing normal listing procedures to be bypassed and a species to be immediately placed on the endangered or threatened list if there is a seri- ous risk of the species becoming extinct before other adequate measures can be taken (16 USC §1533(b)(7); Fish and Game Code §2076.5). 190 General Plan Guidelines Critical Habitat Under the federal ESA, in addition to listing a spe- cies, the Secretary is required to designate critical habi- tat. This may include areas of land, water, and air space required by a listed species for its survival and recov- ery. Although critical habitat may be designated on private or state lands, activities on these lands are not restricted by the ESA unless direct harm to a listed species would result or a federal agency is involved, directly or indirectly, in the activity. If a fed- eral agency is involved, the activities can proceed only if the Secretary determines that they will not result in the destruction or adverse modification of the habitat (16 USC §1536(a); see Agency Consultation section on the next page). Economic impacts are considered when designat- ing critical habitat. The Secretary may exclude any area from critical habitat determination if he finds, based on the best scientific and commercial data available, that the benefits of such an exclusion outweigh the ben- efits of inclusion and the exclusion will not result in the extinction of the species concerned (16 USC §1533(b)(2)). Recovery Plans Besides listing and the designation of critical habi- tat under the ESA, the Secretary is also responsible for the development and implementation of recovery plans (16 USC §153(f)(1)). The intention of these plans is not only to stem the decline of the species, but also to facilitate its recovery. Either single species or multi - species plans may be prepared, but the Secretary is required to give priority to those endangered or threat- ened species that are most likely to benefit from such plans, especially those species that are, or may be, in conflict with construction or other development projects or other forms of economic activity (16 USC § 1533(f)(1)(A)). Recovery plans must contain the following: ♦ A description of such site-specific management actions as may be necessary to achieve the plan's goal for the conservation and survival of the species. ♦ Objective, measurable criteria that, when met, would result in a determination, in accordance with the provisions of this section, that the species be removed from the list. ♦ Estimates of the time required and the cost to carry out those measures needed to achieve the plan's goal and to achieve intermediate steps toward that goal. (16 USC §1533(f)(1)(B)). Chapter 10: Special" General :Plan Consideration§ r.o,h ; 9fti6n& struction activity or any:action that will "significantly The ESA:makes it: illegal:; import; export;. take;, affect:-the quality of..the human environment" as re- possess; purchase sell ;;deliver; or transport any:_endan- ferred to, m..tlie. National Environmental Policy Act- ered: fish. or wildlife°. s ` ecles;: 16; USC 1538 a 1 (NEPA) (42; VSC §4332(2)(c)),. must first inquire of ` VJitl4.respectto,endangered.plants,; the prohibitions. are; the Secretary:. whether. any federally listed species or thesame; eXcept Ghat, take: prohibitions.:apply only to; designated..critical habitat maybe present in any area areas :uader.>-federal "unsdiction or when done un know= directly: or indirectly affected. by: the proposed :action ing vioaation of.ar ylaw. or regulation of any.state or in:. ("16- USC Section:.,§,l536(c)(I), 50 CFR. §40102, the course: of - -- - iol` 0 of a state crura nal -trespass, §.402:1;2(c}):: This- is triggered by, actions such as con- law (16 Z7SC §153:8(a)(2)) Tlreatenedspeciesof fish;: sideration ofa Section, 404 permit by the U.S. Army wildlife, and plants" have sui lar;,but slightlyfweaker, Corps of Engineers. " rotections . 50` CFR 17 31,. 17.71 p ( §' =' § �, )' If arty :federally ;liste.d species: or designated critical The CESA provide.ssimitar,prote"ctions to_.pn .= habitat may -b"e =present m..the . area; ..the, agency must erect and threatened; s ecies"; makin it; lle al to,: im- preparea bioaogical assessment .to.determ ne whether port.,export,_ takepossess; pur,..chase;;;; or, sell. any the action: is `likely .to ;affect; the. species (16 USC' endangered;.or threatened species (F sh:and,Game Code. §:153'6,(c)(1);=S:O CFR §402:l-2(d)(2)). The purpose of §2080) Additioiially,.ahe, CE;SA:extends'these,protec- a bioldgic"al.assessment-is threefold:: tions to, candidate "species (Fish: and: -Game Code: ® To evaluate the effects of the action 'on listed and §2085).. ', proposed`specesand.crrticalhabitat. Although both :the E'SA."aria the CESA prohibit the To ;determine the need for consultation or confer- pe,astaking:ofaLnadffrence� Hess.- ence,witl the Secretary. iii their definitions of take The broader ES-AM" defmi- ti on, the terms, fiarass and harm.(see Glo'ssary):. Torachieve compliance with the ESA and the NEPA: The Fish and Wiltihfe� Service's regulato,'�iq defmition< of harm mcTudes any action that "may mcludsigmfr= Eiological.assessments are combined with environ cant habitat.,modfication or degradationrwhere, it ac- mental.`review documents .required by NEPA (16 USC tually�kills or mlures wl�ldhfe ly significantly nnpairing 1536 c 1 50 CFR§402.06(a)). For instance, in cases essential behavioralpatterns, including breedii%g;-feed= . wherethe agency's action may affect a federally listed in or sheltergng:" (50 CFR §.17 3) g' species; both'a.biological assessment and an environ- In,contrast, CESA doves not recognize labitaEt mods rnentahirn act tatement EIS will be re quire and may p ( ) q y ficatlon or,.degra, ahon:.or any. act as a taking unless it. be combmedainto one document,(50 CFR §4Q2.06(b)). is: the'"proXimate`:causex:of.death of an mdivrdual .of`a Hroweuer, a=federal.'agency's compliance with other li"sted species or. the°natural and probable consequences laws does not relieve the agency of its duty to comply of which wouldx lead to the °death :of any listed sp:e- with all other. requirements of the ESA (50 CFR cies." The Cahfomia Attorney General further clavi- §:402 06(a)) f ed`the r:.elationshp between: habitat s odAcation. and, If the Uiological:;assessnient determines that the pro- taking"" in-, a<1VIIay„ 15,. L995 opinion: tatmg that unlike. posed;federa+l agency action may affect the listed pe- ,. the E°SA,. the CESA: "d°oes not prohibit indirect harm 1 dies,., the agency must formally consult with the to a state-listed: endangered` or threatened species by S�ecr'etary (16: USC §1536(a)(4) 50 CFR way'of habitat modific'ahon:" (78 O.ps. Cal A`tty Gen. §;40,21-12(k)(1)) Iunrig the formal. consultation period - 137 (1995))'! all"relevant information concerning the species and/or c'ticalliabitat must'bereviewed, the proposed action's Agency C sultatlon direct and umirect: mpacts must be'evaluated, and the Both.the: ESA and CESA impose a num ber,of pro Secretary must formulate conservation recommenda- t ons_concernin e-'species and/or critical habitat (50 cedural reauirem .ntsYto. ensure.-& fed A',a id1`state Chapter 10: Special General Plan Considerations stroy or adversely modify critical habitat, the opinion must also include reasonable and prudent alternatives to the proposed action (16 USC § 1536(b)(3)(A); 50 CFR §402.14(h)). Section 10 of the ESA establishes a similar process for private projects that may result in the take of a spe- cial status species. Without an "incidental take permit" and habitat conservation plan issued under Section 10, the non-federal entity is liable for any take and may be prosecuted by the federal government. The CESA has provisions for formal consultations under the CEQA process. Consultation is triggered when a state lead agency under. CEQA proposes to authorize, fund, or carry out any project that is likely to jeopardize the continued existence of any state -listed species (Public Resources Code §21104.2). Formal consultation is typi- cally initiated at the time the state lead agency has deter- mined to prepare an EIR or a mitigated negative declaration under CEQA and is completed upon certification of the EIR or approval of the negative declaration. Exemptions Both the ESA and the CESA provide for a number of exemptions to the above prohibitions. The ESA con- tains provisions for incidental takings through the agency consultation process (16 USC §1536(b)(4); 50 CFR §402.14(i)(1)), takings in conjunction with coop- erative agreements (16 USC § 153 5(g)(2)(A)), and the regulated taking of specific threatened species (16 USC § 1533(d)). The ESA also provides economic hardship (16 USC §1539(b)(2); 50 CFR §17.23, §17.63, and §17.32(a)(1)); scientific (16 USC §1539(a)(1)(A); 50 CFR § 17.22(a), § 17.32(a), § 17.62, and §222.308), and Endangered Species Committee exemptions (16 USC §1536(o)(1)). For private, local, and state government projects that do not require any kind of federal agency involvement, the ESA also provides for incidental take permits (16 USC §1539(a)). These permits, issued in conjunction with an approved habitat conservation plan (see be- low), allow for the otherwise prohibited taking of a Useful Definitions: Endangered Species Candidate Species: Under the CESA, any native species of fish, wildlife, or plant that the Fish and Game Commission has "formally noticed as being under review by the department for addition to either the list of endangered species or the list of threatened species, or a species for which the commission has published a notice of proposed regulation to add the species to either list" (Fish and Game Code §2068) Critical Habitat: Under the ESA, "the specific areas within the geographical area occupied by the species... which are... essential to the conservation of the species and which may require special management considerations or protection; and specific areas outside the geographical area occupied by the species... upon determination by the Secretary [of the Interior] that such areas are essential for the conservation of the species" (16 USC § 1532(5)(A)) Endangered Species: Any species that is in danger of extinction throughout all or a significant portion of its range. (16 USC § 1532(6) and Fish and Game Code §2062) Federal Action Agency: Any department, agency, or instrumentality of the U.S. proposing to authorize,fund, or carry out an action. Incidental Take: "Any taking otherwise prohibited, if such taking is incidental to, and not the purpose of, 192 General Plan Guidelines the carrying out of an otherwise lawful activity."(50 CFR § 17.3) Species: Under the ESA, "any subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature"(16 USC § 1532). Under the CESA, "a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant." (Fish and Game Code §6072) Take: Under the ESA,"to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct" (16 USC §1532(19)). The CESA defines take as "[to] hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill." (Fish and Game Code §86) Threatened Species: Any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. (16 USC § 1532(20); Fish and Game Code §2067) TrusteeAgency:A state agency having jurisdiction over natural resources affected by a project that are held in trust for the people of California.The DFG is the trustee agency with regard to the fish and wildlife of the state and those plants designated as threatened or endangered. (CEQA Guidelines § 15386) species hstedunder. the ESA_if' The taking will.be. incidental: ® The:applicant}will, to the.,�,extent;practical;: minimize and. mitigate the impacts,. of the° taking- and will en- sur--e.that,adequatefunding is. available to do so The taking will. not: appreciably reduce the ; likel- hoo& Othe, survivak and recovery 41he species: The appl° cant,will�ensurethatother!measures, hat.. areIdeei ed necessary or appropriate, -ythe Secre tarywilLbe.,prouided(lb°USC:§1539(a)(2)(B); 50 CFR §I,7:22(bj(2), §~17.32(b)(2))• To: help: minimize:and: mitigate the..impacts°. ofthe. anticipate"' take;... the, Woi ntaI take. permit applicant, roust submit aHab tat Cbnser�ation<Plan (HCP);: HCP`s� vary in size;mscope aneltlie activities that they address, from small� Chapter 10: Special General Plan Considerations tems. The Act is intended to minimize the conflicts be- tween land use development and endangered species protection by protecting species and their habitats in advance of listing and encouraging cooperation between often competing interests. The NCCPA (Fish and Game Code §2800) achieves these goals through the development and implementa- tion of Natural Community Conservation Plans (NCCPs). These plans, which may be undertaken by local, state, and federal agencies independently or in cooperation with other persons, identify and pro- vide for regional or areawide protection and perpetu- ation of natural wildlife diversity while allowing compatible and appropriate development and growth. The plans are required to provide compre- hensive management and conservation of multiple wildlife species and may include any wild animals, birds, plants, amphibians, and related ecological communities, including the habitat that the wildlife depends upon. Plan implementation often includes, but is not lim- ited to, the following elements: ♦ Conservation Strategy—The strategy might in- clude such techniques as habitat reserve assembly or watershed management designed to promote biodiversity; provide for high likelihoods for per- sistence for covered species and ecosystem func- tion, and provide for no net loss of habitat values from the present, taking into account management and enhancement. This means no net reduction in the ability of the planning region involved to main- tain viable populations of target or indicator spe- cies over the long term. ♦ Adaptive Management—Adaptive management allows for changes in management strategies that may be necessary to reach long-term goals. This recognizes that environmental conditions and sci- entific information evolve over time. ♦ Monitoring—Implementation of the plan includes a monitoring program to ensure that data will be properly collected, analyzed, and used to adjust management strategies as appropriate, and to mea- sure compliance with plan implementation mecha- nisms and biological performance. NCCPA requirements do not supplant the require- ments of the ESA and the CESA. NCCPs are required to be developed and implemented consistent with the ESA, CESA, NEPA, and CEQA (Fish and Game Code §2825(a)(6), (b)). Compliance with the NCCPA, how- 194 General Plan Guidelines ever, is designed to meet some of the requirements of these other laws. For instance, the approval of an NCCP constitutes authority to take any identified species whose conservation and management is provided for in the plan, whether or not the species is listed under the ESA or CESA (Fish and Game Code §2830). Pilot program Begun in late 1991, the NCCPA pilot program known as the Coastal Sage Scrub Natural Community Conservation Plan (CSS NCCP) focuses on the coastal sage scrub habitat area of Southern California. The area is home to the endangered California gnatcatcher and approximately 90 other potentially threatened or en- dangered species of plants and animals. The planning area covers over 6,000 square miles and includes large portions of Orange, San Diego, and Riverside coun- ties and smaller portions of Los Angeles and San Ber- nardino counties. Approximately 60 local government jurisdictions, scores of landowners and developers, state and federal wildlife authorities, and environmen- tal groups are actively participating in the program. The program's goal is the development and imple- mentation of 10 to 15 subregional NCCPs within the CSS planning area and will include the acquisition of lands, the creation of conservation banks, and the in- corporation of habitat conservation plans (HCPs). Achievements of the pilot program include: ♦ The San Diego Multiple Species Conservation Pro- gram (MSCP), a 582,000 -acre habitat plan that es- tablishes a 172,000 -acre preserve system, protecting 85 species and 23 vegetation types. ♦ The Orange County Central Coastal NCCP Subre- gional Plan, a 37,380 -acre wildlife preserve that includes 12 major habitat types and 39 sensitive plant and animal species; ♦ The Poway HCP/NCCP Subarea Plan, a 25,000 acre plan, establishing a 13,300 acre Mitigation Area and providing incidental take coverage for 43 species. ♦ The San Diego Gas and Electric Company (SDG&E) NCCP Subarea Plan, providing a com- bination of land, easements, mitigation measures, and habitat connectivity in areas where little natu- ral habitat remains. The plan project covers 110 species and extends south from southern Orange County to the Mexican Border. Official Policy on Conservation Banks In April 1995, the California Secretary for Resources and the Secretary for Environmental Protection estab- lished the Official Policy on Conservation Banks. Built Chapter 10: Special General Plan Considerations ened, or candidate species should therefore be addressed within this element, including the promotion of con- gruency and cooperation with the management plans and policies of other agencies or organizations and rec- ognition and implementation of enacted HCPs and NCCPs. Development policies designed to protect endan- gered, threatened, or candidate species may also be in- cluded in the open -space element. Government Code §65560(b)(1) provides that land designated in the open - space element may include "open -space for the pres- ervation of natural resources including areas required for the preservation of plant and animal life, including habitat for fish and wildlife species" (see Open Space Element in Chapter 4). Open -space development poli- cies are often used to preserve and protect habitat or to provide land to mitigate for the destruction or adverse modification of habitat by development in other areas. As with the conservation element, congruency and co- operation with management plans and policies of other agencies or organizations should be part of the open - space element. Areas designated for the preservation and protec- tion of endangered, threatened, or candidate species, such as HCP and NCCP planning areas, conserva- tion banks, and areas determined as critical habitat, should be identified within the land use element. Government Code §65302(a) requires that the land use element designate "the proposed general distri- bution and general location and extent of the uses of land" (see Land Use Element in Chapter 4). Other im- portant wildlife habitats, such as migration routes, breeding grounds, and nesting areas for endangered, threatened, or candidate species may also be identi- fied. The evaluation and regulation of these areas, as well as the impacts to endangered, threatened, or can- didate species from new development allowed by the plan, should also be addressed. The second way in which endangered species laws may affect the general plan is through CEQA require- ments. Adopting or amending a general plan or an ele- ment of a general plan is a project under CEQA (see Chapter 7). According to §15064(a)(1) of the CEQA Guidelines, "if there is substantial evidence, in light of the whole record before the lead agency, that a project may have a significant effect on the environment, the agency shall prepare a draft EIR." A project is usually considered to have a significant effect on the environ- ment if it will substantially affect an endangered, rare, or threatened species of animal or plant or the habitat of the species. Where a significant effect is found to exist, CEQA obligates the city or county to incorpo- 196 General Plan Guidelines rate mitigation measures into the policies of the gen- eral plan (Public Resources Code §21081.6). The city or county must also adopt a reporting or monitoring program for ensuring compliance with these mitiga- tion measures. The CEQA process should be informed by existing HCPs and similar plans. WETLANDS PROTECTION Wetlands are the subject of federal, state, and local regulation due to their importance as a natural resource and the historic loss of a large percentage of California's pre -European era wetlands. Wetlands represent impor- tant wildlife habitat, are natural filters of water con- taminants, and act to regulate the temperature and levels of water bodies including bays, estuaries, and river del- tas. Wetland regulations are implemented by a number of agencies, and are typically triggered by development proposals. Federal Regulatory Programs The Clean Water Act provides federal agencies the authority to monitor and restrict discharges of pollu- tion into waters of the United States. Under §404 of this act, the U.S. Army Corps of Engineers regulates by permit the placement of fill or dredged material into water bodies (broadly interpreted to include wetlands). The U.S. Army Corps of Engineers also has permitting authority pursuant to § 10 of the federal Rivers and Harbors Act. Other federal acts that influence wetland regulations include the federal ESA, the National Environmental Policy Act (NEPA), the Resource Conservation and Re- covery Act (RCRA), the Comprehensive Environmen- tal Response, Compensation, and Liability Act (CERCLA), and the Coastal Zone Management Act. The requirements are triggered by projects undertaken or funded by federal agencies that often involve wet- lands. Projects affecting wetlands in the coastal zone must be consistent with the Coastal Zone Management Act. The Act requires state agencies to adopt manage- ment programs for coastal resources. The ESA is par- ticularly pertinent where wetlands provide habitat for endangered species. The distinction between federal and state programs is not always clear cut. The next section discusses regu- latory activities established under federal law but op- erated by state agencies in addition to regulatory programs established solely under state law. State Regulatory Programs California's wetlands conservation policy includes the goal to achieve no overall net loss and a long-term part through. combmed,federal: and.,.state agencyarnple lshed: by §401 of the federal Clean Nater Act and .is mentation of §:4-01 and. 4`04". ofthe: federa5l Clearidater run by the individual°states: Applicants for federal l- Acts .as well=:as through3the. California Coastal Act, t1e tenses or permits involving activities that may result California Fish and .Game C`ode,. and the Porter Co iii a pollutant discharge to nafonal jurisdictional wa- 1 t t t k t t rt'f t th th di h o.gne a er Qua i y. on ,o c.. , 1 ona :res is ers,mus see a a e ce i ica ion a any a sc Urge tions -are, imposed.under CESA..and CEQA. ,. will complywith state and feeleralwater quality stan- Chapter 10: Special General Plan Considerations Federal Ageneles bodies, including wetlands under .§ 1603 of the Fish and. U4S`o F'sh and'Wildlif=Bary ce (SFWS) Game Code. Requirements for consultation under the www.usfws od ( g" `) Califor:nia Endangered ,Species Act where wetland Responsible for he.irnplementation of the Endangered habitat supports rare, threatened,; or endangered :. Species Act Actions under §404 of the: Clean Water s ecies: P - Act' where ',endangeredspeaes�.may be pre'sent� in wetiland,habitat.requires-consultation with the USFWS. Sa n` Francisco Bay ; Conservation and Development C®rnrn ssi®n (BCDC) US: Arty Corps of �ngin�ers' (www bcdc.ca.gov) www usace arm mil ( y The BCDC is the state coastal management agency Authorized under §404Lofthe Clean Water Act to for San f ncisco Bay and has jurisdiction to administer regulate,the placement of.dredged or fill�rnaterial into the State I`1cAteer-Petris Act pursuant to §66651,the ' 'the - wetlands'D°elineat,, wetlands under: its; jurisdiction. San Francisco Bay Plan, and Suisun Marsh Preservation Act: Its primary role is ;the protection,' U°S;,.Envlto:ii ental Protection Agency enhancementand restoration of wetlands.All projects (www:epa goy). . proposed inaidal wetlands in the planningarea require Enforcement and commenting authority,undier §404 an approved $CDC permit: of the Clean Water Act, th,e Endangered Species Act, arrd'the.National Environrne;ntal Polecy�.ct.concerning Delta Pr®tecta®n Commission wetlands and=habitat protections '., (www.elta.ca.g®v) Pursuant,to. Public Resources Code §29760 and the Other federa6' agencies etla:, un�ireet wetlands Delta Protection Act of .1992, the Delta Protection authority.:: Commission.s"Land Use And Resource /Management Plan f�lational'P1arine. Fisheries Service _ For.-The=Primary Zone of the Delta. (February 23,1995), I\IaturaF Resources .C,onservation.Service.- established policies and programs for the preservation. hlationalT. k Service., and restoration of wetlands and, associated habitat in a,S00,000 acre areaof central California. Local agencies within :the! pl"anning area are ;require& to maintain m. State.Agencaes consistency between the policies of the management California Cods al: ommission plan and their respective general plans. (www.coastaLca goy): Permitting autlority pursuant to the Coastal>:ct,and Other state agencies" with indirect wetlands the: Public Resources Code for projects_ within: the authority°" c;oastalzone,,tnclud ng permit requirements involving State Water Resources Control Board/Regional Water wetlands: and associated h`:abitat:' Quality Control Boards State Lands Commission Cal iforn a Department of=Fit'h-and', Ganei-, State Coastal` Conservancy. (www°dfg.ca.gov) D:epartr lent of Water Resources A Trustee Agency for California's natural resources Wildlife;Conservation Board with permitting.authorityfo.r the`alteration :of water -. D;epartment'of`Parks and Recreation net gainib wetlands�acreage-and.:ualues.,.This goal is in T fie' later Quality. Certification; Program is estab- part through. combmed,federal: and.,.state agencyarnple lshed: by §401 of the federal Clean Nater Act and .is mentation of §:4-01 and. 4`04". ofthe: federa5l Clearidater run by the individual°states: Applicants for federal l- Acts .as well=:as through3the. California Coastal Act, t1e tenses or permits involving activities that may result California Fish and .Game C`ode,. and the Porter Co iii a pollutant discharge to nafonal jurisdictional wa- 1 t t t k t t rt'f t th th di h o.gne a er Qua i y. on ,o c.. , 1 ona :res is ers,mus see a a e ce i ica ion a any a sc Urge tions -are, imposed.under CESA..and CEQA. ,. will complywith state and feeleralwater quality stan- Chapter 10: Special General Plan Considerations dards. In California, certifications are issued by the State Water Resources Control Board (State Board) in close consultation with the Regional Water Quality Control Boards (Regional Boards). This is addressed in more detail in the water quality section that follows. Another federal program managed by the states may also help protect wetlands. Point sources of pollution are regulated through Clean Water Act §402, National Pollutant Discharge Elimination System (NPDES), municipal storm water permits, and construction gen- eral permits. In California, these permits are issued by the Regional Boards and the State Board. Not all regulatory programs originated at the fed- eral level. California Water Code § 13000, et seq., known as the Porter -Cologne Water Quality Control Act, establishes various regulatory authorities under which the State Board and the Regional Boards pro- tect beneficial uses of surface and ground waters, in- cluding wetlands. Beneficial use categories listed in water quality control plans include uses of water re- lated directly to wetlands protection. The water qual- ity agencies may choose to regulate discharges to wetlands and other surface waters under the Clean Water Act program or by using their Porter -Cologne authorities. The Coastal Act is implemented through the Cali- fornia Coastal Commission, which has jurisdiction over wetlands within the coastal zone. Pursuant to Public Resources Code §30233(a), the Coastal Commission requires that development within the coastal zone include measures that minimize or avoid adverse im- pacts to wetlands (see Procedural Guidance for Evaluating Wetland Mitigation Projects in California's Coastal Zone, California Coastal Commis- sion, September 1995). The Department of Fish and Game is a Trustee Agency with respect to the natural resources of Cali- fornia and, in particular, the wetland communities as- sociated with lakes, rivers, and other water bodies. The Department's Fish and Game Code § 1603 Stream Bed and Bank Alternation Agreements may allow for the modification of stream channels or banks provided that there is adequate mitigation or no net loss of wetlands. Projects involving wetlands habitat that supports rare, threatened, or endangered species are subject to re- view by DFG for consistency with CESA and the Cali- fornia Fish and Game Code. For a detailed discussion of wetlands and pertinent regulations, see Wetlands Regulation in the Bibliogra- phy. For more information regarding specific programs, see the California Wetlands Information System via the Internet at http://ceres.ca.gov/wetlands 198 General Plan Guidelines Relation to the General Plan As a long-term plan for the physical development of the community, the general plan should reflect the value and importance of wetlands and their associated habitat. Wetlands are a natural resource that can be dramatically affected by the physical development within a planning area and should be an important con- sideration in the development of the general plan and its policies. Policies, especially those of the land use element, should proactively promote the identification and protection of wetlands. Policies should address the preservation and pro- tection of wetlands through the conservation and open - space elements or as a limitation on development in the land use element. Wetlands may be broadly identi- fied in the general plan diagrams of the land use, open - space and conservation elements as natural resource communities or potential development constraints. This helps to inform landowners that their properties may be subject to the stringent requirements of federal wet- lands laws. Although the general plan should provide protec- tive policies, it must also recognize that the precise delineation of wetlands and specific mitigation that will be applied to development projects lies within the statu- tory responsibilities of federal and state agencies such as the USFW S and DFG. Accordingly, the general plan should refrain from policies that dictate specific stan- dards for replacement ratios and site-specific mitiga- tion measures. Similarly, there is no need for the general plan to attempt to precisely delineate all wetlands— that will be done by the federal and state regulatory agencies. Where adoption of the general plan may ad- versely impact wetlands, protection and mitigation should be addressed by the CEQA document and miti- gation measures identified. These measures must be incorporated into the policies of the general plan (Pub- lic Resources Code §21081.6). The general plan may establish programs and gen- eral standards for the implementation of wetlands policy. For example, areas may be designated and set aside for wetlands banking purposes. Policies for open space and parks may also designate areas for the pro- tection or revitalization of larger areas. Adopting or amending a general plan is a project subject to CEQA and often requires the preparation and consideration of an EIR. The effect that the plan's poli- cies and programs may have on wetlands must be taken into consideration in the plan EIR. Mitigation or alter- natives selected to avoid, reduce, compensate for, or otherwise lessen the effects of the plan must be adopted as plan policies (Public Resources Code §21081.6). General:an: Guide roes 199 Chapter 10: Special General Plan Considerations AI,, QALIl`Y`" _ approved- California's SIP =in September of 1996. Ca°hforna has 3.5= air pollution control districts In .July :1997, U.S. EPA revised the IVAAQS for (AP CDS and: air quaht mans;¢ einent districts: ozone.andtotal inhalable particulate matter (PM 10). In (AQMI3s)-T'liese cover one' or more counties ;and°.are: addition, IJ:S EPA also adopted n6w standards for fine overnedb locale, el`ectedofficials;These air, districts. particulate:-matter 2.5 microns in size and smaller have regulatory control;' over stationary sourc..es of air (PM2.5) The creation of PM25 standardsrepresents 'a pollutants, such, as:rndustnaL and manufacturing facili significant increase. in nationwide health protection ties.. They~are also re pnnsxble for.local;plans and pro:: from the smallest particles .The 1994'Californa SIP gramsto reduce emissions from transportation: sources and local:plans toreduce.PM1'0 levels lay;the founds- such as cars;, trucks,. rnotorcyeles, and buses. Iri add- tion for:rneeting the new:feder'al PM2.5 standard. Some tion,- air, districts= re ,are, air uah Tans that s ecif : P p q tYip. .. p. Y areas�may:need"additional emission reductions to meet how-U&al'and state air quality standards will bemet.- this standard: In. some areas, Ci 'If C overn hent (CO( s) also; The. 1988 Cali forma. Clean AirAct.(CCAA) which; ca out;certain coin onents of air ual Tannin :. ; P-` q p g was amended in 1992:and again in 1:996; requires at- ` In addtion,,C®Gs.with transportation planning:respon ,, tainment of California's ambient air quality.standards sibilrt es must address a�r.quahty. m orderitq ensure that which are more health=protective thanthe national Stan= regional transportation plans and programs conform to dards`J generathe CCAA requires regions whose air air quality state standards to reduce pollutants by quahty`plans:. The Califo A-.ir Resources Board (ARB) sets stars- five ercent or�more p p year or to implement all fea- dards for: the amount,of-'pollutants that: can be,,,emitted Bible rneasuresto meet state air quality'standards as ex- by new motor vehicles sold in California:- California s, peditiouslyas possible. ` strict.motor;uehcle emission; standards::haue:resulted'' In 2001.; the CCAA was amended to require air ds- in dramatic;.decreaseszm the amount oftpollutants pro- trios with_,one million residents or more to ensure,that duceelby motorwehicles~throughout:=the.atate. Although= not, less than fifEy percent of the funds for certain mo- these standar.&-will c`onhnue to greatly? improve air, bile.source programs are expended in communities with uali , es eciall: `in;areas: wliere.motor vehicle emus= hi p Y the. most significant exposure !to air contaminants, 'in- Bions are a,.s gnificant source`of,air:pollut on; `continu- cluding, but not limited to, low-income or minority ing increasmin.population-and'drivmg:partialiy offset, c:ommunities', or both. Although this new requirement the:;lienefits °`of `cleaner, motor `vehicles: . ` would. only-affect the five most populous air districts, National=ambient air quality standards (NAAQS);. the legislation includes -language -that encourages the were established in.197O by the.federal CleanAir.Act:' other- 3:0 dlstricts,.with less than one million residents for sixpolliitants carbonrmonoxide;:ozone particulates; to. expend these fund"s iri a similar 'manner to the re- nitrogen;dioxide; = ulfur`dioxide;. and.lead=. The=Act re- quirements°,of the,largestdistricts: This requirement will quires; states with air pollution exceeding NAAS to expire:. on January:'1, 2007: prepare air quality plans demonstrating how the star- lords: would be: met .The _federal Clean"°A�r Act was; Relation,¢®` tie General Plan, amended in 1977'" and:. again in 1-9.90 to, extend dead- band, use'and air quality; are. linked by automobile lines.for compliance and`the preparation,of revised State'> use Quer the; past::3'0 years_.the total:`;number of vehicle Implementation 14iis (SIPS):- miles-: traveled (�IlvIT)% in: the :state has increased at a The 199:0' aniendrnents also establi"shed categories muchfaster.rate than population.growth. between 1970 - of severity, for non-attainment areas: (frommargmal: to., and" 1995,.total -annual VMTin California more than, extreme). Air quality.program requirements vary de= doubled, increasing from 103 billion miles to over 270 pending on the degree:..of severity. Iii 1994; the Califon , billon miles of travel per, year. During Ahe same time nia Air Re ources. B:o`ard: adopted a, revised State „period.the: state.'- population grew: by about 60 per- Implementation Plan for: ozone. to rne,et the„requirements cent, mcreasmg, from 2;0 . to: 32 million people. Rela- of th6,, 990''anriendments ..T.he 1,99” S,, is California's ti, hl ps betweeirland�use,,.patterns;;traffic circulation, blueprint for achieving the federal, tandards. by an accessibhtty cavi have...an impact on the amount ` the applicabledates (whirl% vary for different'.parts:-of and type of ravel,_ which= in.,tum affects air quality. the.state) ,It'contairiscommitrnents,to adoptregulahor s Urbanrdesign,thatreducesthe:need,for vehicle trips or and implement.programs that significantlyredirect pollut .. the distance& people need to drive„and that provides ready ants.fromatation ary,inob le;.and area sources to.,,, irriple 'access.tto public transit, bike paths; and'pedestrian far li- General:an: Guide roes 199 Chapter 10: Special General Plan Considerations Cities and counties have an opportunity to address air quality issues in their general plans, development and zoning ordinances, circulation systems, and other local programs. Especially important is the inclusion of strategies that are beneficial to air quality in the land use and circulation elements of the general plan. In ad- dition, optional air quality elements may be adopted that include additional strategies and programs. The staff at the California Air Resources Board has created a computer program called URBEMIS (Urban Emissions Model), which can be used to estimate emis- sions associated with land use development projects in California. For more information, go to the ARB's website at http://www.arb.ca.gov. WATER QUALITY California is divided into nine water quality regions, each under the regulatory authority of a Regional Wa- ter Quality Control Board (RWQCB). Under §208 of the federal Clean Water Act Amendments of 1982, COGs or other regional agencies also carry out water quality planning in metropolitan areas. In all other ar- eas, the state has assumed these responsibilities. Sec- tion 208 plans include control measures for improving water quality and institutional and financial mechanisms to implement the control measures for municipal and industrial wastewater, storm runoff, and similar sources. All permits for liquid waste discharge must be consis- tent with the plan. Only those water pollution control facilities consistent with the plan may receive federal grants. The National Pollution Discharge Elimination Sys- tem (NPDES) requires permits for point source pollu- tion, such as that from sewage treatment plants, as well as non -point source pollution, essentially pollutants in- troduced by water runoff into streams, storm drains, and sewer systems. Although NPDES permitting is the responsibility of the State Water Resources Control Board and the RWQCBs, the nature of non -point source pollution necessitates local participation if polluted runoff is to be minimized. Besides the federal plan, there are state water qual- ity planning requirements. Each RWQCB must prepare a regional water quality control plan for its jurisdiction (Water Code §13240, et seq.). The plan is similar in function to the §208 document. Relation to the General Plan Water quality is an issue that is required to be ad- dressed in the conservation element. Water quality may also be addressed in an optional water element. Local general plans should incorporate water quality policies from regional plans to the extent that they are relevant. 200 General Plan Guidelines Policies may address wetlands and stream protection and stormwater runoff controls, for example. In addi- tion, a general plan should reflect the water quality regu- latory framework so that property owners, decision -makers, and the public have an accurate pic- ture of the permitting requirements and development limitations that may exist as a result. DELTA PROTECTION ACT OF 1992 Recognizing the threat of potential urban and subur- ban encroachment to the Sacramento San Joaquin Delta, the Legislature enacted the Delta Protection Act of 1992. The Act established the Delta Protection Commission, a state entity to plan for and guide the conservation and enhancement of the natural resources of the Delta, while sustaining agriculture and meeting increased recreational demand. The Act defines a Primary Zone, which com- prises the principal jurisdiction of the Delta Protection Commission, and a Secondary Zone. The Primary Zone includes approximately 500,000 acres of waterways, levees and farmed lands extending over portions of five counties: Solano, Yolo, Sacramento, San Joaquin and Contra Costa. The Secondary Zone is the area outside the Primary Zone but within the "Legal Delta." The Sec- ondary Zone is not within the planning area of the Delta Protection Commission. The Act provides broad authority to the Commis- sion to plan for the stated legislatives goals of main- taining agricultural lands and natural resources in the Delta while increasing recreation opportunities and pub- lic access. The Act requires the Commission to prepare and adopt a long-term resource management plan for land uses within the Delta and enumerates certain goals to be addressed by the plan. The Act provides that local plans and decisions must be in conformance with the Commission's plan, and local decisions will be subject to appellate review by the Commission. Relation to the General Plan Within 180 days of the adoption or amendment of the management plan by the Delta Protection Commis- sion, all local governments shall submit to the Com- mission proposed amendments which will cause their general plan to be consistent with the resource manage- ment plan. Following approval of the amendments by the Commission, the local government must adopt the proposed amendments to the general plan within 120 days. Prior to amending their general plan, local gov- ernment must make certain findings before approving any development projects within the Primary Zone. Amendment of the general plan by a local government in order to achieve consistency with the resource man- agement plan is statutorily exempt from the California Environmental Quality Act (PRC §21080.22). APPENDIX A Pertinent .State Code Sections _.1Ly Vl LUV-ll'\.JQ1 L111G11 L.V1'i1V ulul� 0.11u VVilulluldlLy1J L+� e egrs ature recognizes. that t"e capacity o a i- fornia cities- and counties. to resporid.to: state planning veloprnent to review housing elements, pursuant; to laws varies due, to the 1e al. dfferences.between cities; Section 50459. of the Health and Safety Code.. The re- g. and counties; both charter and.general law, and to dif quirernents of;this'sectiori shall apply to charter cities. ferences among.thern in..,.. -physical' size'and .cfiaracteris emended by Stats. 1985, _Ch. 67) tics, popu atlon size and density, fiscal and . 65301.5 -Judicial standard o review adnunstrati-ve...capab�htie.`s; Tand.use and;.development: � .f issues, and:11u1:nan°-needs.,It isythe intent of the Iegisla 'The adoption of the general:plan:or any part or ele- ture in enacting this chapter` o. provide arix oppgrtunity ment thereof or the adoption of:any amendment to such for each city andAcounty to coordinate its local budget:; plan or any,=part ,or: element thereof is a legislative act gram- activities, - such a".( the, local land: use planni 'or federah.and=state pro which`,Adlf be=reviewable pursuant to;Section'1085 of Appendix A: Pertinent State Code Sections 65302 Seven mandated elements The general plan shall consist of a statement of de- velopment policies and shall include a diagram or dia- grams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements: (a) A land use element which designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public build- ings and grounds, solid and liquid waste disposal facili- ties, and other categories of public and private uses of land. The land use element shall include a statement of the standards of population density and building inten- sity recommended for the various districts and other territory covered by the plan. The land use element shall identify areas covered by the plan which are subject to flooding and shall be reviewed annually with respect to those areas. The land use element shall designate, in a land use category that provides for timber production, those parcels of real property zoned for timberland pro- duction pursuant to the California Timberland Produc- tivity Act of 1982, Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5. (b) A circulation element consisting of the general location and extent of existing and proposed major thor- oughfares, transportation routes, terminals, and other local public utilities and facilities, all correlated with the land use element of the plan. (c) A housing element as provided in Article 10.6 (commencing with Section 65580). (d) A conservation element for the conservation, de- velopment, and utilization of natural resources includ- ing water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. That portion of the conser- vation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies which have devel- oped, served, controlled or conserved water for any pur- pose for the county or city for which the plan is prepared. Coordination shall include the discussion and evalua- tion of any water supply and demand information de- scribed in Section 65352.5, if that information has been submitted by the water agency to the city or county. The conservation element may also cover: (1) The reclamation of land and waters. (2) Prevention and control of the pollution of streams and other waters. (3) Regulation of the use of land in stream channels and other areas required for the accomplishment of the 202 General Plan Guidelines conservation plan. (4) Prevention, control, and correction of the ero- sion of soils, beaches, and shores. (5) Protection of watersheds. (6) The location, quantity and quality of the rock, sand and gravel resources. (7) Flood control. The conservation element shall be prepared and adopted no later than December 31, 1973. (e) An open -space element as provided in Article 10.5 (commencing with Section 65560). (f) A noise element which shall identify and appraise noise problems in the community. The noise element shall recognize the guidelines established by the Office of Noise Control in the State Department of Health Ser- vices and shall analyze and quantify, to the extent prac- ticable, as determined by the legislative body, current and projected noise levels for all of the following sources: (1) Highways and freeways. (2) Primary arterials and major local streets. (3) Passenger and freight on-line railroad operations and ground rapid transit systems. (4) Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation. (5) Local industrial plants, including, but not lim- ited to, railroad classification yards. (6) Other ground stationary noise sources identified by local agencies as contributing to the community noise environment. Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day -night average level (Ldn). The noise contours shall be prepared on the basis of noise monitor- ing or following generally accepted noise modeling tech- niques for the various sources identified in paragraphs (1) to (6), inclusive. The noise contours shall be used as a guide for es- tablishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise. The noise element shall include imple- mentation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the state's noise insulation standards. (g) A safety element for the protection of the com- munity from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam fail- ure; slope instability leading to mudslides and landslides; sub, s:idence;z j efaction and`r other,. seismYc hazards identified -pursuant to. -Chapter 7 8 (commencing with, Section: -2'690) of the:_Publ-ic Resource's Code,: and= othergeologic hazards*nown toI-th6 legislative body; floodng,:,and.wlld land, and.urban fires:. The safety element.shah,mcludea appmg of known; seismic and; other=geologic-;hazards ,I`t shall'al`s:o address eVacua ton,routes,apeakload:.water°s upplyrequirements,, aril's mmimurnh-road widths, and` -clearances=, arozund_`.strucm tures,,a -those items relate to.ident fied:fire andge.o= logic: hazards .>Prior. toy: the`periodic review of its general plan�:;and prior.Ab preparing or .revising its safety elesha ment, :each; city -and: -county ll.. consult,. the I� vision o.f 1Vlmes-, an - E bo,logy o.f he I .epartm went of Conservatronandthe.Office, of Emergency: Services for the. purposex- of mcluding.ii6r- nation known .by and available to the, department° andthe, office required by<tliis- subdivision.. To the extent that, a county's safety= element- is suffi cientlydetailedandcontains:appropriatepolcie&andpro- grams ;.for .adoption ° by a city,: a; city may =adopt. that portion, o,f the county's°. afety element. tlat:pertains.tos the city's.plaarea_in .atlsfactiori of.the requirement imposed by,,this subdivision:. ■ Appendix A: Pertinent State Code Sections §65302.2 Urban water management -,plan Upon the adoption, or revision, ofa city or county's general plan, on or after January 1 1996, the city or county. shalLutilize as a source document any urban ; water management plan submitted to the city or county by a water agency: (Added by Stats. 1995, Ch: 88) X65302.3 Consistency with airport land,use plans (a)'The general plan, and.anyapplcable specficplan prepared pursuantto Article 8 (commencing with Sec tion 65450), -shall be consistent with=.the plan adopted: or, amended pursuant to' Section. 21675 of the Public Utilities Code: (b) The. general plan, and:.any, applicable ,specific plan, shall be amendedas necessary;, within 1.80 days of any amendnment: to the plane -required: under :Section 2;1675 of the P;Liblic Utilities Code. (c) If the legislative body does not concur with any - provision Pf nyprovision.of the plan required und&'Section 21'675 of the Public, Utilities..Code, it may satisfy the provisions of this section :by adopting findings. pursuant to 'Section 21-676,of the Public Utilities Code. (Amended by Stats. 2002, Ch. 97 1) At least 45 days pnor to";adoptron or amendment of the l safety element, each county and city isliall submit. ,¢65302.5 Safety element review to meno0f Con ervtion one cod -Gof aogy of the. Depart= - py draft of the safety° With respect to the safety element required in the element or: amendment;:and any technical studies usedr: general plan; pursuant -to subdivision (g) of Section for,. dlueloping the safety; element:. The division may 65302, each county which contains state responsibility division's findings are not avarl`'able, within. those -pre lousing opportunities of the region. The findings -shall General Pian.:Guidelines 203 Appendix A: Pertinent State Code Sections (d) The fiscal and environmental resources available to the local jurisdiction. (Added by Stats. 1980, Ch. 823) §65303. Optional elements and subjects The general plan may include any other elements or address any other subjects which, in the judgment of the legislative body, relate to the physical development of the county or city. (Repealed and added by Stats. 1984, Ch. 1009) §65303.4 Assistance in flood control and land management needs The Department of Water Resources and the De- partment of Fish and Game may develop site design and planning policies to assist local agencies which re- quest help in implementing the general plan guidelines for meeting flood control objectives and other land man- agement needs. (Added by Stats. 1984, Ch. 1130) Preparation, Adoption, and Amendment of the General Plan §65350 Procedure Cities and counties shall prepare, adopt, and amend general plans and elements of those general plans in the manner provided in this article. (Repealed and added by Stats. 1984, Ch. 1009) ,65351 Public involvement During the preparation or amendment of the gen- eral plan, the planning agency shall provide opportuni- ties for the involvement of citizens, public agencies, public utility companies, and civic, education, and other community groups, through public hearings and any other means the city or county deems appropriate. (Repealed and added by Stats. 1984, Ch. 1009) §65352 Referral of plans (a) Prior to action by a legislative body to adopt or substantially amend a general plan, the planning agency shall refer the proposed action to all of the following entities: (1) Any city or county, within or abutting the area covered by the proposal, and any special district that may be significantly affected by the proposed action, as determined by the planning agency. (2) Any elementary, high school, or unified school district within the area covered by the proposed action. (3) The local agency formation commission. 204 General Plan Guidelines (4) Any areawide planning agency whose operations may be significantly affected by the proposed action, as determined by the planning agency. (5) Any federal agency if its operations or lands within its jurisdiction may be signific antly affected by the proposed action, as determined by the planning agency. (6) Any public water system, as defined in Section 116275 of the Health and Safety Code, with 3,000 or more service connections, that serves water to custom- ers within the area covered by the proposal. The pub- lic water system shall have at least 45 days to comment on the proposed plan, in accordance with subdivision (b), and to provide the planning agency with the infor- mation set forth in Section 65352.5. (7) The Bay Area Air Quality Management District for a proposed action within the boundaries of the dis- trict. (b) Each entity receiving a proposed general plan or amendment of a general plan pursuant to this section shall have 45 days from the date the referring agency mails it or delivers it in which to comment unless a longer period is specified by the planning agency. (c) (1) This section is directory, not mandatory, and the failure to refer a proposed action to the other enti- ties specified in this section does not affect the validity of the action, if adopted. (2) To the extent that the requirements of this sec- tion conflict with the requirements of Chapter 4.4 (com- mencing with Section 65919), the requirements of Chapter 4.4 shall prevail. (Amended by Stats. 1996, Ch. 799) §65352.2 Coordination with school districts (a) It is the intent of the Legislature in enacting this section to foster improved communication and coordi- nation between cities, counties, and school districts re- lated to planning for school siting. (b) Following notification by a local planning agency pursuant to paragraph (2) of subdivision (a) of Section 65352, the governing board of any elemen- tary, high school, or unified school district, in addition to any comments submitted, may request a meeting with the planning agency to discuss possible methods of coordinating planning, design, and construction of new school facilities and school sites in coordination with the existing or planned infrastructure, general plan, and zoning designations of the city and county in accor- dance with subdivision (d). If a meeting is requested, the planning agency shall meet with the school district within 15 days following notification. (c)rAtle:ast 4"S dayssprior° o coinpletion> of a school .facility needs; analysis pursuant to:'&ction� 65'995.6 0 the Education. Code; a master plan pursuant to Section 1,601:1' and 16322`oftheE -ducation"Cod-6 or other long range,.: plan� th , at,. rel`dt6$- to the--,, potential expansion o Appendix A: Pertinent State Code :Sections programs. in the community. f (Added by Stats. 2001, Ch. 396. Effective January Sections 1, 2002) f ,65352.5 Water supply. coordination exist ng school sites:`or-7_thc.:necessity to.'acqu re addi-(a) The Legislature finds andAdeclaresthat itis vital' ` tional:_=schoolsites; t g.—,overni,_ board. of any school that there be'closez coordination and consultation be- district shallnotify,and<.provide anyreevant copies o.f'l- tween-I.water supply agencies and and availabYe mforniation, : master< plan, ,. or'-otl er,; long California's' land use approval agencies, to ensure that range. plan," includ ng,.,if available ,any.prop,\osed school proper water. upply planning occurs �in order to accom- facility needs analysis;:ahat relates.to the,;potential ex- modate>projects that will result in in demands pansion of existing sclio'oLsites ,or.theaiecessity to ac- on water- supplies, quire ad&onalachoolsites; to the planning.coinmission (b) Itis; therefore, he intent of:`the Legislature to or:'agency of the: city or, county:with larid'use jurisdic- provide a standardized process.for determining the ad- tion withiii;the school'district Following notification, equacy„of 'existing and planned future water supplies or at' any other time, the affected city or-,-,, ty iriay to meet existing ,and planned future demands on these request a meetmg-in accordance°with subdivision (d): water supplies. If a rneehng: is,:requested; file school district shall meet, (c) upon receiving, pursuant to Section 65352, no with the cityor eountywithin~15 daysfollowing.notifi, tification of a city's ora county's proposed action to cation. After providmgahe..informat on specified in this adopt or- substantially amend. a general plan, a public section..withn-the.454day time period: specified in this water system, as`defiiied in Section 116275 of the Health subdivision;. the governing board of.the°.affected school and Safety. Code, with 3,000 or more service connec- distnctmay,compYete the affected,schoolfacilitynews, tions, shall:prouide the PI an' agency with the fol- analysis; ,master, plan, or->otheraong=range: plan without. lowing information, as is appropriate and relevant: farther delay (d) At any meeting requested purse- (1) The: current version of its urban water manage - ant to subdivisaou=(b) or (c);tle parties may,review and, ment plan; adopted pursuant to Part 2.6 (commencing consider, but are.not lirrited to,,tlie' follow=ing issues: with Section 10b10) of Division 6 of the Water Code. (I);lVlethods of coordinating;"plannin design; and (2) The -current; version of its capitate improvement �: construction;: of new school= facilities and -school` sites:program or .plan, as,"reported, pursuant to Section in,,coordmaton with theexisting or:,planned infrastruc= 31:144.73 of" -:the dater Code. ture,. general. plan,:; and zoning ,deslgnationsf of `the city (3) A description of the source or sources of the to - and county:.: talwater: supply currently available to the water supplier: (2),®ptions for -the, siting ofnew"schools=and'whetker, by: water -right or contract; taking into account historical or not the aocal=city or counties: exstrng. landau e: ele- data concerning wet, normal, -and-Ary, runoff years. rnent appropriately refl`eets the -demand for:;public school (4) A descriptio"n of the quantity of surface water facilities,,—,,,,an—d` ensuxes; that new planned,-°devel`opment that was purveyed by the water supplier in each .of the reserves -location forpublic.school n the; most appro:- previous five years. priate locations:: (5) Adescription of the quantity of groundwater that (3:} Methods of maximizing the- safety of persons: was' purveyed- by the water supplier in each of the pre - traveling to, and.fr.'ornschool�sites. vious five,years. (4) ®pportunties to coordinate the:,potental sit=- (6) A description of all proposed additional sources ing of new schools in:coord' natioin.withexisting or: of water supplies for the water supplier; including the proposed- community revitalization efforts -by the. city estimated' dates by which these additional sources or county: should `be available and the quantities of additional (5);' Op"portunites for.; financial assistance>whch.the:- water supplies that are being proposed: locate government may --make avalable'o} assist the (7) A description of the total number of customers schoo-14is4rid witfi,site`acquisiti *,;planning, or prepa>_. currentl`y., served by the water supplier, as identified by ration costs; the followingi categories and by the amount of water (6) review all possible, methods of: coordinating: served:to each category: , planning; design; and construction; of new school fa= (A) Agticultural users. cilities: and school sites -'or major, additions. to existnig (13)`, Commercial users. school_ facilities- and recreation. andpark: facilities and`- (C) Industrial users. General Plan Guidelines 205 Appendix A: Pertinent State Code Sections (D) Residential users. (8) Quantification of the expected reduction in to- tal water demand, identified by each customer category set forth in paragraph (7), associated with future imple- mentation of water use reduction measures identified in the water supplier's urban water management plan. (9) Any additional information that is relevant to determining the adequacy of existing and planned fu- ture water supplies to meet existing and planned fu- ture demands on these water supplies. (Amended by Stats. 1996, Ch. 1023) §65353 Commission notice and hearing (a) When the city or county has a planning com- mission authorized by local ordinance or resolution to review and recommend action on a proposed general plan or proposed amendments to the general plan, the commission shall hold at least one public hearing be- fore approving a recommendation on the adoption or amendment of a general plan. Notice of the hearing shall be given pursuant to Section 65090. (b) If a proposed general plan or amendments to a general plan would affect the permitted uses or inten- sity of uses of real property, notice of the hearing shall also be given pursuant to paragraphs (1) and (2) of subdivision (a) of Section 65091. (c) If the number of owners to whom notice would be mailed or delivered pursuant to subdivision (b) is greater than 1,000, a local agency may, in lieu of mailed or delivered notice, provide notice by publishing no- tice pursuant to paragraph (3) of subdivision (a) of Sec- tion 65091. (d) If the hearings held under this section are held at the same time as hearings under Section 65854, the notice of the hearing may be combined. (Amended by Stats. 1988, Ch. 859.) §65354 Commission recommendations The planning commission shall make a written rec- ommendation on the adoption or amendment of a gen- eral plan. A recommendation for approval shall be made by the affirmative vote of not less than a major- ity of the total membership of the commission. The planning commission shall send its recommendation to the legislative body. (Repealed and added by Stats. 1984, Ch. 1009) §65354.5 Appeal procedure required (a) A city or county with a planning agency, other than the legislative body itself, which has the author- ity to consider and recommend the approval, conditional 206 General Plan Guidelines approval, or disapproval of a proposed amendment to a general plan, shall establish procedures for any inter- ested party to file a written request for a hearing by the legislative body with its clerk within five days after the planning agency acts on the proposed amendment. No- tice of the hearing shall be given pursuant to Section 65090. (b) The legislative body may establish a fee to cover the cost of establishing the procedures and conducting the hearing pursuant to subdivision (a). The legisla- tive body shall impose the fee pursuant to Section 66016. (Amended by Stats. 1990, Ch. 1572) x'65355 Legislative body notice and hearing Prior to adopting or amending a general plan, the legislative body shall hold at least one public hearing. Notice of the hearing shall be given pursuant to Sec- tion 65090. (Repealed and added by Stats. 1984, Ch. 1009) §65356 Referral of changes The legislative body shall adopt or amend a general plan by resolution, which resolution shall be adopted by the affirmative vote of not less than a majority of the total membership of the legislative body. The leg- islative body may approve, modify, or disapprove the recommendation of the planning commission, if any. However, any substantial modification proposed by the legislative body not previously considered by the com- mission during its hearings, shall first be referred to the planning commission for its recommendation. The failure of the commission to report within 45 calendar days after the reference, or within the time set by the legislative body, shall be deemed a recommendation for approval. (Repealed and added by Stats. 1984, Ch. 1009) §65357 Copies of plans (a) A copy of the adopted general plan or amend- ment to the general plan shall be sent to all public en- tities specified in Section 65352 and any other public entities that submitted comments on the proposed gen- eral plan or amendment to the general plan during its preparation. Failure to send the adopted general plan or amendment as provided in this section shall not af- fect its validity in any manner. (b) Copies of the documents adopting or amending the general plan, including the diagrams and text, shall be made available to the general public as follows: (1) Within one working day following the date of adoption, tke,. clerk of.the legislative" body shall make the documents,adoptingor"amending the ;plan,,includ- ing thediagrams and: -text" available ;to- the,public for inspection. (4.Within:tw0,workinwdays receipt, of a re- quest:for a.copy of the.adopted documents. adopting or amendng;the plan, rncludrng; the diagrams: and text, accompanied by :payment, fore the, reasonable cost of copy ir `g, the_ clerk-shall=furnish; the `regiiested'copy to the,person:making .the" request. (c)'A city::or county,-mcay`charge a fee for.a'copy of the, general. plan- or " amendments to. the' -1 gonerat, plan that is,;.'-reasonablyrelated,-to the. cost:.of providing that document:. (A'mended_by Stats: 198-5 Ch. 3:38)` x'65358 Amendments` (a)`;,If it de.erns it to be in the,,.public interest, the legislative body may amend 'all or: part` of an adopted general plan. An. amendment to thegeneral"plan shall be init ated_:in the,mainner. specified:by the ibe i-slative body: Notwithstanding Section: 6601:6, a legislative body ,that permits ;persons to. request an amendment of the general :plan may require Ghat: an.".amount; equal to the estimatedcost of preparing the amendment be; de- posited wrth'the:planning agency prior -to' he prepara- tion of the amendment. (b) Except as.otherwise providedin subdivision (c) or, (.d); i i:"' ndatory. element of a:.general:plan;shall be Appendix A:- Pertinent State Code Sections any .of the following: (1) A court decision -made pursuant to Article 14 (commencing with Section 65750). (2) +Subdivision (b) of Section. 65'302." (3):Subdivision'(d) of Section 56032 -of the Health and Safety.Code.; (4) Subdivisioin (b) of Section 30.50.0 of the Public Resources` Code.. (Amended by Stats. 1990, Ch. 1572) x'65359 Local plan consistency, Any:specific plan or other plan of the city or county that is,applicable to the same areas "or matters affected by a general".plan amendment. ashall be reviewed and amended as :necessary to make the specific or other plan "consistent with the general plan. (Repealed, and added by Stats. 1984, Ch. 1009) §65360Deadline for new city/countyto adopt plan The 'legislative body of a newly incorporated city or new formed county shall adopt a general plan within 30 months following incorporation or `forma- tion. Ouring_that 30 -month -period of time, the city or county is notsubject to the requirement that a general plan be adopted or the requirements of:state law that its decisions be. consistent with' the general plan, if all of the following: requirements are met: (a) The city of ounty is proceeding in a timelyfash- ion with, the pre-paration`'of the general plan. Appendix A: Pertinent State Code Sections issuance of the extension, for the preparation and adop- tion of all or part of the general plan, if the legislative body of the city or county, after a public hearing, makes any of the following findings: (1) Data required for the general plan shall be provided by another agency and it has not yet been provided. (2) In spite of sufficient budgetary provisions and substantial recruiting efforts, the city or county has not been able to obtain necessary staff or consultant assis- tance. (3) A disaster has occurred requiring reassignment of staff for an extended period or requiring a complete reevaluation and revision of the general plan, or both. (4) Local review procedures require an extended public review process that has resulted in delaying the decision by the legislative body. (5) The city or county is jointly preparing all or part of the general plan with one or more other jurisdictions pursuant to an existing agreement and timetable for completion. (6) Other reasons exist that justify the granting of an extension, so that the timely preparation and adop- tion of a general plan is promoted. (b) The director shall not grant an extension of time for the preparation and adoption of a housing element except in the case of a newly incorporated city or newly formed county that cannot meet the deadline set by Section 65360. Before the director grants an extension of time pursuant to this subdivision, he or she shall consult with the Director of Housing and Community Development. (c) The application for an extension shall contain all of the following: (1) A resolution of the legislative body of the city or county adopted after public hearing setting forth in de- tail the reasons why the general plan was not previ- ously adopted as required by law or needs to be revised, including one or more of the findings made by the leg- islative body pursuant to subdivision (a), and the amount of additional time necessary to complete the prepara- tion and adoption of the general plan. (2) A detailed budget and schedule for preparation and adoption of the general plan, including plans for citizen participation and expected interim action. The budget and schedule shall be of sufficient detail to al- low the director to assess the progress of the applicant at regular intervals during the term of the extension. The schedule shall provide for adoption of a complete and adequate general plan within two years of the date of the application for the extension. (3) A set of proposed policies and procedures which 208 General Plan Guidelines would ensure, during the extension of time granted pur- suant to this section, that the land use proposed in an application for a subdivision, rezoning, use permit, vari- ance, or building permit will be consistent with the gen- eral plan proposal being considered or studied. (d) The director may impose any conditions on ex- tensions of time granted that the director deems neces- sary to ensure compliance with the purposes and intent of this title. Those conditions shall apply only to those parts of the general plan for which the extension has been granted. In establishing those conditions, the di- rector may adopt or modify and adopt any of the poli- cies and procedures proposed by the city or county pursuant to paragraph (3) of subdivision (c). (e) During the extension of time specified in this section, the city or county is not subject to the require- ment that a complete and adequate general plan be adopted, or the requirements that it be adopted within a specific period of time. Development approvals shall be consistent with those portions of the general plan for which an extension has been granted, except as pro- vided by the conditions imposed by the director pursu- ant to subdivision (d). Development approvals shall be consistent with any element or elements that have been adopted and for which an extension of time is not sought. (f) If a city or county that is granted a time exten- sion pursuant to this section determines that it cannot complete the elements of the general plan for which the extension has been granted within the prescribed time period, the city or county may request one addi- tional extension of time, which shall not exceed one year, if the director determines that the city or county has made substantial progress toward the completion of the general plan. This subdivision shall not apply to an extension of time granted pursuant to subdivision (b). (g) An extension of time granted pursuant to this section for the preparation and adoption of all or part of a city or county general plan is exempt from Divi- sion 13 (commencing with Section 21000) of the Pub- lic Resources Code. (Amended by Stats. 1996, Ch. 872) §65362 Appeals Any city, county, or city and county whose applica- tion for an extension of time under Section 65361 has been denied or approved with conditions by the direc- tor may appeal that denial or approval with conditions to the Planning Advisory and Assistance Council. The council may review the action of the director and act upon the application and approve, conditionally ap- prove, or deny the application, and the decision of the council shall be final. If the council acts on an appeal Appendix A: Pertinent State Code Sections and by doings sa,grants�=a. one: -year extension;: that ex- triet or school district, whose jurisdiction lies wholly or, tensidwof tune shall' run from° the, date of 'the -action by partially within the county or city, whose- functions in- the council: elude recommending, preparing plans for, or construct= (Addedby Stats. 19,54,..Ch 100.9) ing, major public works, :shall. submit -to the "official agency, as designated by,;the respective county board of x'65400 Implem entation of plan,. supervisors, 'or city council, a list of the proposed public After the; egisl'ahveaody bas ad=opted all or part of works recommended for planning;.initiation or construe= a general plan, the planning`ageney 114o, -.both oboth of the tion during the:ensuing fiscal year. The official agency following. receiving the list of. proposedpubl orks'shall list and (a) Investigate and make recommendations to the classify all such and shall prepare=a legislative,,", regar<dmg reasonable and.practical coordinated ro rarn�o rodoseds. P g P P p bliaworks for the means. or: implementing:tlie general -plan or. element f ated ensuing -fiscal year:- Such..coordinpiogram shallbe of, of the, general plan, so that,it will serve, as �, an effee- submittedtb.the county or cityplannmg�agency for re - five guide for orderly growth and' development; p es - and.report to said official��age ',., ".to'conformity with the-,ado-pted general plan or part thereof. ervation and conservation of`open-sp.a_ce land and (Amended.by Stats. 1970, Ch. 1590.) natural ressources and' the: efficient exp:enditure of public: funds " relating. to. the-subj.' saddressed in �6540212es%fictions on acquisition and disposal of the° generaliplan. real oer P p tY (b). (1); Provide -an annual -.'report to the legislative a If a eneral lan or art thereof has been ado- ted O g P p p ' body, :the ---,Office : of Planning- and ,Research, and the no real property sl all.beacquired by -dedication or oth- Iepartrnent:;of Housing and .Community Development erwise for- street, square, park`or other public purposes, on;.the status.of the plan:and progressm itsunp-emen- andno realproperty.shall be disposed of, no street shall Cation, including: the pr.,©gress m meeting its;. share of be vacated .or abandoned, and no public building: or regionalhousing-needsade, rminedpursuant"to Section structure, shall be constructed or authorized; ;if the 65584and, local efforts o removeovernmental�`con- g adopted gene1.ral plan or part `thereof applies hereto, straints to°the maintenance, improvement, and:level- until tlie. on, purpose and extent of such acquisi- opment of: housing pursuant to parag=raph: _(3); of tion or disposition, such street vacation or abandon- subdi"vision (c) of Section 65583. went, or such public building or: structure have been (2) T he liousnig portion of the annual report required submitte d to and reported upon by the planning agency to be.provided to.the Office of Plannmg4 and lZesearch VHousrng as to conformity with said adopted.general plan or part and. the Department of and Community De= thereof Tfie planning agency shall render its report as vel opment.:pursuant tor: this, subdivision shall .be pre- to conformity,with said;.adopted- general plan or part paredahrough.theuse of forms and"definitons.adopted- thereofWit liin.:forty (4Q);days-after the matter wag sub - by -the Department of Housing and Community Devel=, miffed to it," or sucfi longer period%of time as may be des- opment:pursuant to the: hdininistrative Procedure Act ignated .by the'legislative body. (C,hapterr'3`:5 (commencing with Section 11.3,40)- of, If the legislative. -body so provides, by ordinance or Chapter 4 (commencing with Section 11370)x of. and. resolution; the'pr'ovisions of this subdivision shall not Chapter,5 (c'ommencmg with. Section 115`;00) of Part< -1< apply to...(1') the disposition of the remainder of a of Division:3 of Title 2) , This' report shall be pr=ovided- larger,: � parc.'e'1 "which was acquired': and used in part - to the legislative.body,ahe Office of Planningand::Re for street-pur-poses;.(2) acquisitions; dispositions; or search; and the Department of.Housmg:;and Conunu- abandonments for street widening; or (3) alignment pity Development on or.;;before ®ctober 1, ofeach year. ro-ects rovided such dis ositions for street ur- P`" ' p p` P Amended b Stats..2000,Ch. 50,6 ( Y° = ) poses;acquisitions; dispositions, or abandonments for street widening; or' alignment projects are of a 654011Aevaew: o ublzc. works. ro ects or - :fP p = .I .� � = ,minor nature: " conformzty vzth plan; (b); Appendix A: Pertinent State Code Sections eral plan or part thereof is applicable thereto, and a city shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real prop- erty, nor construct or authorize a public building or struc- ture, in another city or in unincorporated territory, if such other city or the county in which such unincorpo- rated territory is situated has adopted a general plan or part thereof and such general plan or part thereof is ap- plicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public build- ing or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or struc- ture is in conformity with said adopted general plan or part thereof. The provisions of this paragraph (b) shall not apply to acquisition or abandonment for street widening or alignment projects of a minor na- ture if the legislative body having the real property within its boundaries so provides by ordinance or resolution. (c) A local agency shall not acquire real property for any of the purposes specified in paragraph (a) nor dispose of any real property, nor construct or authorize a public building or structure, in any county or city, if such county or city has adopted a general plan or part thereof and such general plan or part thereof is appli- cable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to con- formity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed ac- quisition, disposition, or public building or structure is in conformity with said adopted general plan or part thereof. If the planning agency disapproves the location, purpose or extent of such acquisition, disposition, or the public building or structure, the disapproval may be overruled by the local agency. Local agency as used in this paragraph (c) means an agency of the state for the local performance of govern- mental or proprietary functions within limited bound- aries. Local agency does not include the state, or county, or a city. (Amended by Stats. 1974, Ch. 700) §65403 Optional school/special district CIPs 210 General Plan Guidelines (a) Each special district, each unified, elementary, and high school district, and each agency created by a joint powers agreement pursuant to Article I (commenc- ing with Section 6500) of Chapter 5 of Division 7 of Title 1 that constructs or maintains public facilities es- sential to the growth and maintenance of an urban popu- lation may prepare a five-year capital improvement program. This section shall not preclude, limit, or gov- ern any other method of capital improvement planning and shall not apply to any district or agency unless it specifically determines to implement this section. As used in this section, "public facilities" means any of the following: (1) Public buildings, including schools and related facilities. (2) Facilities for the storage, treatment, and distribu- tion of nonagricultural water. (3) Facilities for the collection, treatment, reclama- tion, and disposal of sewage. (4) Facilities for the collection and disposal of storm waters and for flood control purposes. (5) Facilities for the generation of electricity and the distribution of gas and electricity. (6) Transportation and transit facilities, including, but not limited to, streets, roads, harbors, ports, airports, and related facilities. (7) Parks and recreation facilities. However, this section shall not apply to a special district which con- structs or maintains parks and recreation facilities if the annual operating budget of the district does not exceed one hundred thousand dollars ($100,000). (b) The five-year capital improvement program shall indicate the location, size, time of availability, means of financing, including a schedule for the repayment of bonded indebtedness, and estimates of operation costs for all proposed and related capital improvements. The five-year capital improvement program shall also indi- cate a schedule for maintenance and rehabilitation and an estimate of useful life of all existing and proposed capital improvements. (c) The capital improvement program shall be adopted by, and shall be annually reviewed and revised by, resolution of the governing body of the district or local agency. Annual revisions shall include an exten- sion of the program for an additional year to update the five-year program. At least 60 days prior to its adop- tion or annual revision, as the case may be, the capital improvement program shall be referred to the planning agency of each affected city and county within which the district or agency operates, for review as to its con- sistency with the applicable general plan, any applicable specific plans, and all elements and parts of the plan. Failure, odf the planning, agency to report its' findingsi within: 40,-A4 after• r..eceipt, of atc:apital,-improvement. program or 6vision of the program.. shall B6.e. nclu ively deemed to .constitute afinding>mthat-the capitdHmprove= ment:pmconint with the: gener..a1 plan.. A;dstrict,orloealagmcy shall not carry outfits -cap tat improvement program ox any,=part of the programs i-. the, plamm�g„;agency finds that th'e,capi m improvement program orapart,of tlie;capital improveme�itprogram: is not consstent. with the applicable general plan, any specif cplarrs, and all: element"s: and..parts° of the plan. A 77 district or:1'ocal agency may=-overru, I Alfie' finding, and carry out itstcapital.improvement`progr=am:; (d) Before adopting its:capital 1m, rovementi"program, or annual•re�isions of the program;.the go.Verning..b0dy of each special distract : ea hit t ,f ed,� elementary;: and high schooldistret, and°each agencycreated`by a joint powers;agreement.-. shall hold=ataeast _one; public hear ing: Notice=of the -time' and place.of the'heariiig shall be given pursuant to= Section .65090 .In :'addition,: mailed notice shalLbe given to; any city or; county whiel may be significantlyraffectedbythe capiialimprovement=program: (Amended by:Statsv: 1.9S4tCh.,1009)a §65404 C'onf act,lZesolutian: (a) ®nor°befo.:re January. 1 2005, the;%overnor, shalli. develop --,,,.,conflict resolution processes for do all of the following , Appendix A:Pertinent State'Code Sections space -plan as any, of the following: (1):,:Open'space for the preservation of natural re- sources including, but not limited. to, areas required for the preservation of plantand animal life, including habi- tat for f sh and'wildlife species; areas required for' eco logic•and other, scientific study,purposes; rivers; streams; bays -and estuanes and coastal beache , lakeshores, banks' of ricers andstreams, and watershed ;lands. (2) Open=space used for the manage production of resources, including but not -limited to, forest lands, rangeland, -agricultural `lands and areas of economic IMP ortance: for. the production of food or` fiber; areas required..-:for;recharge of `ground water basins; bays; es- tuaries, m she"s stuaries,;marshe"srivers and.streams which are impor taut fl, r .the management of commercial fisheries; and areas containing maj or mineral- d000sits, including those in,, short supply (3) Open; space for outdoor recreation; --including but not limited to,. areas of outstanding scenic; historic and cultura-1 value; areas particularly suited for park and rec reation.-purposes, including' access. to.Ilakeshores, beaches, andrivers and streams; and areas which serve as links between major recreation and open -space res- ervations,,ineludirig� utility>easenient"s, banks of rivers and streams, trails; and:scenic highway=corridors. (4) Openspace for public health.and safety; includ- ing, but -not limited to, areaswhich require special man- agement-.',Orregulation because of� ardous or special 1; uResolve coi%flictu% re uirernents, of two.or- conditions such as earthquake fault zones, unstable soil (I) g q, areas, -fib plains; watersheds; area presenting .high snore, state agencies for a local lan errnit . _or develo merit = ro ect: fire asks; areas required for the, protection of water qual p 9 p p„ F J (2)=Resolve.conflicts: between state functional ' ity andwater:reservoirs and.areas.requiredfos the_pro plans.. tection-andl enhancement of air quality. (3);RZesaive conflicts�between.state uifrastructure. (Amended by Stats. 2002;-Ch:.974) projecta- b Th conflict;resolution_. - rocess rna " be (..) p Y X65561 reques:ted.- by a local agency;, pr4ct appli can , or. -one The"I or m, o.re state agencies:. ; (,a);:Tl Addeda Stats 2002,, Ch.. l Ot16 fined:. tenarice Open-Space.:;ands= assuranc §6556Q I�ef nitions producti mc,.beau (a) "Local open sp°ac.e. plan," is the° open -space • ele sources. ment of a county ;or city general' plan .adopted; a&the.interim local open -space. plan adopted -pursuant to Section65563 (b) "Open -space land” is any parcel: or area of land; orwater,which is;=e.sser%tially°unimproved=and°devoted::. uaccy . 4isiature finds and declares, as follows: i.t tle-preservation of open=space land, as de - its article, is necessary not only -for the main- f•the ,economy of the state, but also for the of>the continued availability of land for the n of food: and fiber, for the enjoyment of see- V, for recreation and for the use of natural re at -discouraging premature and` unnecessary nof:open:-space land to urban uses is a matter intere'st:and will be of benefit to. urban dwell- se`it-,will discourage. >noncontiguous- develop- wrns which unnecessarily increasethe costs of ry services to community residents. Appendix A: Pertinent State Code Sections the earliest possible date make definite plans for the preservation of valuable open -space land and take posi- tive action to carry out such plans by the adoption and strict administration of laws, ordinances, rules and regu- lations as authorized by this chapter or by other appro- priate methods. (d) That in order to assure that the interests of all its people are met in the orderly growth and development of the state and the preservation and conservation of its resources, it is necessary to provide for the develop- ment by the state, regional agencies, counties and cit- ies, including charter cities, of statewide coordinated plans for the conservation and preservation of open - space lands. (e) That for these reasons this article is necessary for the promotion of the general welfare and for the protection of the public interest in open -space land. (Added by Stats. 1970, Ch. 15 90) x'65562 Intent It is the intent of the Legislature in enacting this article: (a) To assure that cities and counties recognize that open -space land is a limited and valuable resource which must be conserved wherever possible. (b) To assure that every city and county will pre- pare and carry out open -space plans which, along with state and regional open -space plans, will accomplish the objectives of a comprehensive open -space program. (Added by Stats. 1970, Ch. 1590) §65563 Deadlines for adoption and submission of open -space plans On or before December 31, 1973, every city and county shall prepare, adopt and submit to the Secretary of the Resources Agency a local open -space plan for the comprehensive and long-range preservation and conservation of open -space land within its jurisdiction. Every city and county shall by August 31, 1972, pre- pare, adopt and submit to the Secretary of the Resources Agency, an interim open -space plan, which shall be in effect until December 31, 1973, containing, but not lim- ited to, the following: (a) The officially adopted goals and policies which will guide the preparation and implementation of the open -space plan; and (b) A program for orderly completion and adoption of the open -space plan by December 31, 1973, includ- ing a description of the methods by which open -space resources will be inventoried and conservation measures determined. (Amended by Stats. 1973, Ch. 120) 212 General Plan Guidelines §65564 Implementation Every local open -space plan shall contain an action program consisting of specific programs which the leg- islative body intends to pursue in implementing its open - space plan. (Added by Stats. 1970, Ch. 1590) §65566 Consistency of acquisitions, disposal, and regulation Any action by a county or city by which open -space land or any interest therein is acquired or disposed of or its use restricted or regulated, whether or not pursu- ant to this part, must be consistent with the local open - space plan. (Added by Stats. 1970, Ch. 1590) §65567 Consistency of building permits, subdivi- sion maps, and zoning No building permit may be issued, no subdivision map approved, and no open -space zoning ordinance adopted, unless the proposed construction, subdivision or ordinance is consistent with the local open -space plan. (Added by Stats. 1970, Ch. 15 90) §65568 Provisions If any provision of this article or the application thereof to any person is held invalid, the remainder of the article and the application of such provision to other persons shall not be affected thereby. (Added by Stats. 1970, Ch. 1590) Housing Element §65580 Policy The Legislature finds and declares as follows: (a) The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every Californian, including farmworkers, is a priority of the highest order. (b) The early attainment of this goal requires the cooperative participation of government and the pri- vate sector in an effort to expand housing opportuni- ties and accommodate the housing needs of Californians of all economic levels. (c) The provision of housing affordable to low- and moderate -income households requires the cooperation of all levels of government. (d) Local and state governments have a responsibil- ity to use the powers vested in them to facilitate the improvement and development of housing to make ad- equate provision for the housing needs of all economic Appendix A -Pertinent State Code: Sections segments ofthe: community:., tion.. and .analysis: of existing and projected housing (e)::Tli Legislature` recognizes.. thatih carrying out need's=and aataternent of goals, policies, quantified ob this responsibility, _each;local ;government' a,.- :has=the:4 jectives firiaricial: resources, and scheduled programs responsibility,.to-.considereconornic;:enuironniental,ands._ for the."preservation; improvement, and development fisca11 tors and,cornmunity:'goals set:forth Mahe gen of liousing , .: Thewhousing :element:shall identify ad- eral.plan andnto,cooperate withotlier.loclgoverninents equate, sites.for housing; includiiigrentalhousing; fac- a and the state:: m addressing regional° housing needs`:: tory built Housing;;;;and rnobilehornes and shall make of the,state fiousii g goal: (c) To recognize. that.eacH locality is best capable of determining: what; efforts axe. requiredby. it to con tribute to..*at ,iente: state hous=ing goal,_,pro: -determination, co is.mat piblet with,.he.state vided sucha. of alleconomic segments of the community. The ele- mentahall-contain=all of he,following: (a)An.:assessnient of'housing,needs and an, invert- tory of resources. and constraints relevant to the meet- ing of these.he s..The'assessment and inventory shall includeahe:,`foh'owing: analysis of population , and employment> tr-endsand documentation- ofprojections and a quanti- (cation of tie_locality'sexisting.andprojected'hous- ing., needs -forty all- income levelst These existing and projected=ineeds shall include the=locality's share of the regional: housing need in accordance with Section 65584..' (2),$ An analysis and 'documentation of household characteristics,,. in6luding'.leyelt of payment compared Housing goal and*regional housing:needs=, : to ability to pay, Hou ing characteristics, in over=, (d), To ensure that each local government cooper- crowding, and housing stock condition: ates with. other- local =governments<n. order to address (3),An inventory of land suitable ;for residential "de- regional ho sing,needs : ` velopment,;includirig vacantsites ai4sites having po= (Added,by.S`tats tential.for:redevelopment; and an analysis'of the relationship of zoning and public facilities andservices §65582 Def nzttons to these sites: As usedGmt this':article (4) An analysis,of potential and: actual goyernmen- « „..« „ « „ W_ Community, locality, local government;. `` ta1_constramts upon the maintenance; improvement; or or "Ji risdiction"'"means a city, city and county;. or development of liousmg for all income levels and for persons with- disabilities . as identified "in the analysis county (b).; "C.ouncih of governments" means a single. or pursuant to paragraph (4) of subdivision,(a), including multicounty' council created by a Joint powers: agree,', -1 land' use controls, building codes and their enforce- ment.pursuant to 'Chapter 5 (comiriencingT with See went, s te+ unprovernents, feess, and other ,exactions re- tion 6500) of Division 1= of Title 1: ; quired.of de=velopers, and local processing and permit procedures The analysis shall.also demonstrate local (c):'"Department" means .the Department' of Mous.- effo ,ts.to.remoye governmental constraints that hinder ing and-CODevelopment: ; the locality from meeting its share of the regional hoes- (d) "Housing element-" or"element" ineansahe boos.- , ing need rn accordance -with Section 65584 and from ing element; of the, community's .general" plan,= as re ` ; meeting the need°for housing -for persons with disabili- " quired° -pursuant to: this, article and. sub.dVisiori ties 'identified"pursuant to paragraph (6)_ Section 65302. = (5)'1n: analysis of potential and: actual nongovern- and: mode* .ineome=households" means mental`=constraints upon, the: maintenance; mprove- persons.and:-families of low or. moderate incomes as de, ment,._or developrnent.ofhousingfor all`ncome levels; fined by Section 5'0093 of the Health=and. Safety Codec : Mcluding the: availability of financing; theprice of land, (Amended by -Stats`.; 1990- Ch. 1441) ' and.the-cost of construction': (6); An. analysis' of any special: housing needs, such ,6558.3 Housing element content as those of`the elderly;,.p:ersons with' disabilities, large The liousing.-element shall:consist o.f an dentif , . families, farmworkers; families. with female heads of General",Plan Guidelines 213 Appendix A: Pertinent State Code Sections households, and families and persons in need of emer- gency shelter. (7) An analysis of opportunities for energy conser- vation with respect to residential development. (8) An analysis of existing assisted housing devel- opments that are eligible to change from low-income housing uses during the next 10 years due to termina- tion of subsidy contracts, mortgage prepayment, or ex- piration of restrictions on use. "Assisted housing developments," for the purpose of this section, shall mean multifamily rental housing that receives govern- mental assistance under federal programs listed in sub- division (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelop- ment programs, the federal Community Development Block Grant Program, or local in -lieu fees. "Assisted housing developments" shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916. (A) The analysis shall include a listing of each de- velopment by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use and the total num- ber of elderly and nonelderly units that could be lost from the locality's low-income housing stock in each year during the 10 -year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information avail- able on a statewide basis. (B) The analysis shall estimate the total cost of pro- ducing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of pre- serving the assisted housing developments. This cost analysis for replacement housing may be done aggre- gately for each five-year period and does not have to contain a project by project cost estimate. (C) The analysis shall identify public and private nonprofit corporations known to the local government which have legal and managerial capacity to acquire and manage these housing developments. (D) The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs which can be used to preserve, for lower in- come households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Pro- gram funds, tax increment funds received by a rede- velopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financ- 214 General Plan Guidelines ing and subsidy programs, the analysis shall identify the amounts of funds under each available program which have not been legally obligated for other pur- poses and which could be available for use in preserv- ing assisted housing developments. (b) (1) A statement of the community's goals, quan- tified objectives, and policies relative to the mainte- nance, preservation, improvement, and development of housing. (2) It is recognized that the total housing needs iden- tified pursuant to subdivision (a) may exceed avail- able resources and the community's ability to satisfy this need within the content of the general plan require- ments outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category that can be constructed, rehabilitated, and conserved over a five-year time period. (c) A program which sets forth a five-year schedule of actions the local government is undertaking or in- tends to undertake to implement the policies and achieve the goals and objectives of the housing ele- ment through the administration of land use and de- velopment controls, provision of regulatory concessions and incentives, and the utilization of appropriate fed- eral and state financing and subsidy programs when available and the utilization of moneys in a low- and moderate- income housing fund of an agency if the lo- cality has established a redevelopment project area pursuant to the Community Redevelopment Law (Di- vision 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic seg- ments of the community, the program shall do all of the following: (1) (A) Identify adequate sites which will be made available through appropriate zoning and development standards and with services and facilities, including sewage collection and treatment, domestic water sup- ply, and septic tanks and wells, needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory -built housing, mobilehomes, housing for agricultural employees, emergency shel- ters, and transitional housing in order to meet the community's housing goals as identified in subdivi- sion (b). (i) Where the inventory of sites, pursuant to para- graph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all house - AppendixA: Pertinent State Code Sections hold:incomerlevel's pursuant,,to. 5ection_655KAe pro= and-local financing: and subsidy programs.identifie'd in gram shall .provide. for sufficient.si`tes with: zoning that: paragraph (8), of subdivision (a); ekcept where. a com- permits, owner occupied and:; rental; multifamily .resit- runty -has' other urgent. needs for, which alternative dential use:. by right, including; density and`ke ,ll p`- funding,, sources are not; available. Theprogram may ment. standards .tli at, could. acc'ommod'ate .and: facilitate include;strategies that involve local regulation and tech= the: feasib hty ofhousing for very low"and`low..inco..me.. ncal assistance. h6usehold!�:,: '= (B) The, program;•.shall include an identification of (u) :Where the,rnuentory of site`s. pursuant-,to para:: the agencies, and officials responsible for the simple- graph (3)t of`subd visione:(a) does.:no ddentl adequate: mentation of the: various, actions and the means by sites 'to? accommodate the•nee',d for armworker'hous;- which consstencywill be achieved with other general ing; the prograni� shall. ;provide--. for sufficient, sites, to. plan elements and coinmunity..goals. Thelocal..gov- meet the:: need "with. zoning that: permits farmworkers ernme, shall make. a diligent effortto achieve public housin use:=b , ri" ht neludin densi . and develo '- g Y. g 9 g tY" p participation of all economic segments of the commu- ment„standards that c, Id' acco=o.date,and. facilitate,. , nity in the. development of the housing, element, and thefeasibility of tl e.devbll6pment offarmworker hous:-. the program shall describe this effort. ing. for low- and..very low income: householdsn- (d) The analysis and program for preserving assisted (B) purposes ofths.paragraph; the phrase "use, housing developments required by the amendments to by right'.'shall=mean, the. use does not require a;cond - this section: enacted..by the Statutes of 1989 shall, be tionaluse permit :;exceptwhenthe.:propo.sed'project is adopted'as an amendment to the housing element by a mixed-use.project mvoluing both cor-nmercial or._ in July, 1.; 1992. dustrial uses; and°resideritialuses: Use; by right for,all;. (e) Failure of the department, to: review andreport rental-mult family residentighousing shall be-provided„. its findings pursuantto-Section 655.85 to the local gov- inaccordance with subdi�isron (f}.of Secton.65589:5`:. eminent°,between July 1, 1992; and he, next,periodic gar The rernenofthissubdinredin g.review and revision required by ;Section,655.8$con- identificatibwof sites forfarrnworkerhousing:shall'ap_- cerning- thehousing element am endment';required by ply commencrosg,with the.next rev s onof housing ele- th:e.ame'ndments to this section;by the Statutesof 1989, meats requ re,d by S.ectior% 655`8:8 following the shall not be used as a basis for allocation or denial of enactment-. of thi' `subparagraph: ariy ,,housing -assistance . administered pursuant- to Part (2). ssist in the. deme-lop in of adequate housing 2:(coinmencing.with Section 50400) of Division 31 of to meettheneeds of low`=-andmoderate-incomerhouse-� the T-lealth and.Safety Code. holds:: (Amended by Stats. 2002, Ch. 971 and Ch: 103:8) (3)'°Address and, where appropriate and,legally pos= sable, remove governmental constraintsao the mainte.� §65583.1 Closed`military bases; housing.element Hance; improvement; Wand- development'” of -housing;; (a) The Department: of Housing and Community, including housing, for.: all hicome: Ievels and housing Development, in evaluating a proposed or adopted forp,ersons with:, disabilities::; The';,,program-.shalt re- housing,.element for consistency with -state law, may move constr-.aints=to,.or provide_r.:easonali:le. accommo=- allow-a city= or,� county" to- identify adequate "sites, as dations, for housingm, des,i°gne.d= 'for,. intended for~ r:.equzred: pursuant'to Section'65583 by a variety of occupaney.by, or:�w d s-u' pportive°services for,person& methods, 'including, but-'not limited'to, redesignation with disabilities:, of property.to a more intense land use category and (4)�° Conserve{ and ,improve- the condition of the; .ex increasing the density allowed' within one or more cat- istin°g affordable housing:sto&,,which may. includez T egories Nothing in,this section reduces the responsi- dressing; ways toa mitigate the loss of dwelling .units .blity of a. city or county to identify, by income category, demolshed:by public ,or.priVate action,_ the `total number" of situs'. for residential development (5),- Promote: housing opportunities. for all persons as requ red_.by this ar..ticle: regardless o.f,race relig on,;sex;,maritalstatus ances. (b) rSites: that'c,ontain= perrrianent,,housing_ units lo- try,,nationahorig ricolor,_familial:status ;:or; dis:ability sated'.on am litarybase:undergomg:_closure or.,conver- (6)<(A)_Preser efor,lower, irrcorme, households the sion> as a result o:f action pursuant to the. Defense assistedhousing developments 'identified pursuant,to l uthorization Amendments .and.Base Closure and Re- paragraph (8). of subdivision: (a). The. program.for press alignment:Act.(Pub.lic Law-100 526); the Defense Base ervation of the ass sted'housing de elopmentsshall uta Closure: andRealignmentAct of 19.90 (Public`Law 101- lize,;.to theextentnecessary,all:ava%lable.federal; state, 510), or any subsequent act requiring. the cl"osure>or Appendix A: Pertinent State Code Sections conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site. Any city, city and county, or county using this sub- division shall address the progress in meeting this sec- tion in the reports provided pursuant to paragraph (1) of subdivision (b) of Section 65400. (c) (1) The Department of Housing and Commu- nity Development may allow a city or county to sub- stitute the provision of units for up to 25 percent of the community's obligation to identify adequate sites for any income category in its housing element pursuant to paragraph (1) of subdivision (c) of Section 65583 if the community includes in its housing element a pro- gram committing the local government to provide units in that income category within the city or county that will be made available through the provision of com- mitted assistance during the planning period covered by the element to low- and very low income house- holds at affordable housing costs or affordable rents, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, and which meet the requirements of paragraph (2). Except as otherwise provided in this subdivision, the community may substitute one dwell- ing unit for one dwelling unit site in the applicable income category. The program shall do all of the fol- lowing: (A) Identify the specific, existing sources of com- mitted assistance and dedicate a specific portion of the funds from those sources to the provision of housing pursuant to this subdivision. (B) Indicate the number of units that will be pro- vided to both low- and very low income households and demonstrate that the amount of dedicated funds is sufficient to develop the units at affordable housing costs or affordable rents. (C) Demonstrate that the units meet the requirements of paragraph (2). (2) Only units that comply with subparagraph (A), (B), or (C) qualify for inclusion in the housing ele- ment program described in paragraph (1), as follows: (A) Units that are to be substantially rehabilitated with committed assistance from the city or county and constitute a net increase in the community's stock of housing affordable to low- and very low income house- holds. For purposes of this subparagraph, a unit is not eligible to be "substantially rehabilitated" unless all of the following requirements are met: 216 General Plan Guidelines (i) At the time the unit is identified for substantial rehabilitation, (I) the local government has determined that the unit is at imminent risk of loss to the housing stock, (II) the local government has committed to pro- vide relocation assistance pursuant to Chapter 16 (com- mencing with Section 7260) of Division 7 of Title 1 to any occupants temporarily or permanently displaced by the rehabilitation or code enforcement activity, (III) the local government requires that any displaced oc- cupants will have the right to reoccupy the rehabili- tated units, and (IV) the unit has been cited and found by the local code enforcement agency or a court to be unfit for human habitation and vacated or subject to being vacated because of the existence for not less than 120 days of four of the conditions listed in subdivi- sions (a) to (g), inclusive, of Section 17995.3 of the Health and Safety Code. (ii) The rehabilitated unit will have long-term affordability covenants and restrictions that require the unit to be available to, and occupied by, persons or families of low- or very low income at affordable hous- ing costs for at least 20 years or the time period re- quired by any applicable federal or state law or regulation, except that if the period is less than 20 years, only one unit shall be credited as an identified adequate site for every three units rehabilitated pursuant to this section, and no credit shall be allowed for a unit re- quired to remain affordable for less than 10 years. (iii) Prior to initial occupancy after rehabilitation, the local code enforcement agency shall issue a cer- tificate of occupancy indicating compliance with all applicable state and local building code and health and safety code requirements. (B) Units that are located in a multifamily rental housing complex of 16 or more units, are converted with committed assistance from the city or county from nonaffordable to affordable by acquisition of the unit or the purchase of affordability covenants and restric- tions for the unit, are not acquired by eminent domain, and constitute a net increase in the community's stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following oc- cur: (i) The unit is made available at a cost affordable to low- or very low income households. (ii) At the time the unit is identified for acquisition, the unit is not available at a cost affordable to low- or very low income households. (iii) At the time the unit is identified for acquisition the unit is not occupied by low- or very low income Appendix A: Pertinent State Code Sections households:*.:: (v) At the time the unit is identified for preserva- (iv)- The unit %s<in;d'ec.ent .;;safe;, and„sanitary"condi- tion it is available at affordable cost to persons or fami- tion atthe; time. of occupancy: lies of low or very low income. (v)'=The acquisition-price- 's not g.reatex:than 120, per- (3) This, subdivision does not apply. to any city or cent of the.median price for Housing units in the-city county tliat;°.during the current or, immediately prior or county,. planning period, as defined by Section 65588; has not (vi).The: unrt.has long terra affordability covenants met any ofits;share;of the regional need for affordable and>restrictions, that require the unit= o be affordable to . housing, as defined: in Section ;6S584 for low- and very persons.of low ortvery low ineomeA-61 ssahan 30 low income households._ A city.or;.county shall docu- years: ment for. anysuch housing unit that a building ,permit ` (kC):Units'that-will be pres'e - d at'.affordable hous- has been `issued and all development and permit fees mg costs=, .persons or families of low orveryaow in- have been ,paid or` the unit is `elig ble.ao be lawfully comes. ..with, committed assistance'. from, the .city or occupied. county by acquisition ,of the::unit "or the purchase of (4) For purposes of. -this subdivision; "committed affordability covenants for~th& unit For',purposesof assistance" means that the city or county enters into a thissubparagraph:a unitahallFnot bedeeme`d`pr-eserved legally enforceable agreement during he first two years un s'sral-1 of`the,following; occur: of the housing element planning period that obligates (i) The unit has long .term affordability covenants sufficient available funds, to --prov`id. the assistance ' and restrictions`that require°,the unitao be affordable o necessary to make _the identified` units” affordable 'and and reserved foaloccupancy bypersons of the'same °or that requires that tl eunits be -made available for'occu- lower: income- groupvas: the currexitroccupants for ape- pancy within two years of the :execution of the agree- riod= o:f at least 4O: years ment."Committed assistance" ,does not include (ii); The unit is multifamily rental; housing-,that.re- tenant-based rental assistance.'` ceives go�vernmerital .assistance: under any of the fol-(5).For�purposesof this subdivision, ``net increase" lowing state and federal progcrams:; Section221(4)(3) includes only housing ;units provided committed as- of the National-,,:Ho gI_IAct (12, U S.C`. Sec. sistance pursuant to subparagraph (A) or (B) of para- 17151(4)(3) and (5.)), S�ection,236 of the National Hous- graph (2) in he current'planningpe*iod, as"defined in ing,Act (1.2'ZJ S C SecF: lZl.S'z 1);A Section202'of the Section 6558, that were not provided committed as-, HousingrAct of,.h95, (1'2 U:S C:,Sec 1,7.0`l,q),:;for rent sistance in the immediately prior planning period: supplement assistance;under Section 10.1. of the:�Hous- (6) For purposes of this subdivision, "the time the ing.an4 ,U, f I�evelopmentAct of °1965,,.as amended unit is identified" means the, earliest time when any ell,S'ec. 1701 s), under; Section S 1,5.-of the!H—ous- city or'county agent, acting on behalf of >a public en- ing,Act of, .1949; ;as.amended (42. t= S..C..Sec: `1485); tity, has proposed in writing or has proposed orally or and" any new construction;. sub§taritial:.rehabilitation; in writing to the property .owner, that the unit be con- moderate-relabilita.tion, property It` loan sidered for substantial rehabilitation, acquisition, or managementset-aside°programs,. or any otherpro.gram preservation. providing project-based,assistance under Secton-$_ of (7) On July 1 of the third year of the planning pe- the Uiteda States:'Mou'ng.Act of l'93T, as amended riod, as defined by Section 655.88; in the report re- (4-21%,U,. S..C: Sec: 1.437f).;_ any.>:-stge;and� lbcal.multifam- , quired pursuantto, Section 65400, each city or county ily revenue`bond',programs;, lbcat redevelopment,pro- that has included in its housing element<a program to grams; the feddrat Community Development Block '.- provide units'pursuant to:.subparagraph (A), (B), or (C) GrantProgram; and:otherlocal housing;assistance pro.=: of paragraph (2) shall report in writing to the leg sla- grams or: units that were used to qualify>for a;density the body; and t ' 'the department within `30 days of cn 6`5:91`6. bonuspursuant'toSetlo making_:its report`to'the legislative body; on its progress (iii) Tlie city or county,.finds, after a.pubhc hearing, '111, 11, providing ;units pursuant to this 'subdivision. The that the_unitis e1iglble; and',is=reasoirably exp.ected;ao. report; shall ;identify the specific units for which com- change, from housing affordable to low- =and.very low rnitted assistance has been provided or which have"been income households. to-.any other-use: during"the.next, made available"to low-°and very low income'house- fiveyears,due toaerrnination of subsidy contracts;,mort= - Bolds; .and it=shall adequately document how each unit gageprepa . eat, or expiration of xestric`tions.on,use .. corrip'lies with=this subdivision. I€, by July l of the (iv) The unit:is vi decent;`safe,.,,,and-sanitary°condi- third year':of they-planningperiod,`the city or county tion. at- the time' of occupancy: has-,not entered into an enforceable agreement of com- General Plan Guidelines 217 Appendix A: Pertinent State Code Sections mitted assistance for all units specified in the programs adopted pursuant to subparagraph (A), (B), or (C) of paragraph (2), the city or county shall, not later than July 1 of the fourth year of the planning period, adopt an amended housing element in accordance with Sec- tion 65585, identifying additional adequate sites pur- suant to paragraph (1) of subdivision (c) of Section 65583 sufficient to accommodate the number of units for which committed assistance was not provided. If a city or county does not amend its housing element to identify adequate sites to address any shortfall, or fails to complete the rehabilitation, acquisition, purchase of affordability covenants, or the preservation of any housing unit within two years after committed assis- tance was provided to that unit, it shall be prohibited from identifying units pursuant to subparagraph (A), (B), or (C) of paragraph (2) in the housing element that it adopts for the next planning period, as defined in Section 65588, above the number of units actually provided or preserved due to committed assistance. (Amended by Stats. 1998, Ch. 796) §65584 Regional housing needs (a) For purposes of subdivision (a) of Section 65583, the share of a city or county of the regional housing needs includes that share of the housing need of per- sons at all income levels within the area significantly affected by a general plan of the city or county. The distribution of regional housing needs shall, based upon available data, take into consideration market demand for housing, employment opportunities, the availabil- ity of suitable sites and public facilities, commuting patterns, type and tenure of housing need, the loss of units contained in assisted housing developments, as defined in paragraph (8) of subdivision (a) of Section 65583, that changed to non -low-income use through mortgage prepayment, subsidy contract expirations, or termination of use restrictions, and the housing needs of farmworkers. The distribution shall seek to reduce the concentration of lower income households in cit- ies or counties that already have disproportionately high proportions of lower income households. Based upon population projections produced by the Department of Finance and regional population forecasts used in pre- paring regional transportation plans, and in consulta- tion with each council of governments, the Department of Housing and Community Development shall deter- mine the regional share of the statewide housing need at least two years prior to the second revision, and all subsequent revisions as required pursuant to Section 65588. Based upon data provided by the department relative to the statewide need for housing, each coun- 218 General Plan Guidelines cil of governments shall determine the existing and pro- jected housing need for its region. Within 30 days fol- lowing notification of this determination, the department shall ensure that this determination is con- sistent with the statewide housing need. The depart- ment may revise the determination of the council of governments if necessary to obtain this consistency. The appropriate council of governments shall determine the share for each city or county consistent with the criteria of this subdivision and with the advice of the department subject to the procedure established pursu- ant to subdivision (c) at least one year prior to the sec- ond revision, and at five-year intervals following the second revision pursuant to Section 65588. The coun- cil of governments shall submit to the department in- formation regarding the assumptions and methodology to be used in allocating the regional housing need. As part of the allocation of the regional housing need, the council of governments, or the department pursuant to subdivision (b), shall provide each city and county with data describing the assumptions and methodology used in calculating its share of the regional housing need. The department shall submit to each council of gov- ernments information regarding the assumptions and methodology to be used in allocating the regional share of the statewide housing need. As part of its determi- nation of the regional share of the statewide housing need, the department shall provide each council of gov- ernments with data describing the assumptions and methodology used in calculating its share of the state- wide housing need. The councils of governments shall provide each city and county with the department's in- formation. The council of governments shall provide a subregion with its share of the regional housing need, and delegate responsibility for providing allocations to cities and a county or counties in the subregion to a subregional entity if this responsibility is requested by a county and all cities in the county, a joint powers authority established pursuant to Chapter 5 (commenc- ing with Section 6500) of Division 7 of Title 1, or the governing body of a subregional agency established by the council of governments, in accordance with an agreement entered into between the council of gov- ernments and the subregional entity that sets forth the process, timing, and other terms and conditions of that delegation of responsibility. (b) For areas with no council of governments, the department shall determine housing market areas and define the regional housing need for cities and coun- ties within these areas pursuant to the provisions for the distribution of regional housing needs in subdivi- sion (a). If the department determines that a city or county; possessescapability aild�-re.'s,.ources,-"and-,hasi ag.yeed-`,Ao, accept the; resp-on.,gib,i-,Iltywi,,th'-,. respect to,;dts, jurisdiction,�for ,the ,ideti-t�ific,ation..,'and ,d&termination, of housings arket, areas :_,,an&rqg, onal housing. needs;l the depar-,trnotshall,dol6g4te=thisl-re.sp.Oias-ibility to the'. cities, and7,ic-ounties, withih, theseareas.. 90daysfMwinga (JbWrmindtion1.of, governmentspursuant ,?.to.,.subAiViision(a) v i�may. s� on- acitv_ or i "'propo se._.to_ revise the determination in-,.accorddA6&,-,w.it consideratibnssdt,.forth in.sub- di-visio,i,r(a)The,,.,p,ropos'e,d,�.re.vised"shareshall be based, upon. available e fa't&,and._acQe'pted,p lqmiing-methodol- ogy,. and supported.by:Ade-, e Abcum'elatatiom. "hifi,`6ff,-,days .after: - theiz, line periodsf6r. the re" nisi. nby th 6fcountytie council of Lwvernments orlhed&0` ot: as the.l.,case maybq-i shaltacoept the., proposed revisionmodify its earli'er:4etermmation, or ihdicate;, b' dl asq-! upon available, dataand accepted 'plan- nin methodology, the "proposed revision. is in - gr odw why consistent=with the-regio-iial housing (A) If the'zouncil ofgov-e -mmlents`ortlhe,,�..department, -e , asthe case -�ma:ybe�, d�'!��oes�,,i accept :the.proposed revi�- - q sion,:then "the l -city ,:or,o,,b,uiit,_y -shall Jiave:.the right to re - e quest -a public "hearin , to' review he determination tion 91- ermina within, 30"days. � :(B)Jhecity y.- or, county 3shalLbenotifi ,d, within, 30 days"by-.certified m 4k retum-re"cielpt,:rb 44cRtek of at least. one, publiclearm"g regarding the de ination. c), Th-c..,,dat-oof-I earing shall be,--- at-ae,-ast-3,0days - fikom4he,date off'the notification:` (I))`Before making its final ':the coun- "th ci -.of governments- the ease. may. gov ': ' � I be,j, shallc6iisider comments- --recoinni6ilid- ti" ons, avail- ablQ,-Aata,;,., accepted,PIdhnifg,-, metlidd.d-1 9Y andlocal. on,,," the-.,pro-duc- don: of housing: (3)ti_Iftheeouncitofgovemmentg-or the department accepts the: proposed`revision or`inodif es its. earlier determination; the. cnt.y�,,,,":§l a.IVYsethatshare.,. Ifthe:;.c,ouncil-,,of---governmeiitg,,orth,e.',,depar"tt,noilt -ran ts,,,,,;, a.reviseda,l,lo.catio,n:,pursuant-.to.paragrap)i�(!),the: conn cil,of.gove'mmentg--o'r'.,t,,h-e dicpartm-ent--=-sh.aR�ens,ure,-,.that. thea .current. otalt housing need is; maintained W"the,".-I counciwgovernments orthcAepartmoal i,naclat the proposed revision is inconsistent with g" �jqn housing need; .-the city -.-Cir:lco &� OA unity- shalt` Uqthe 4, that:-waslo-ri detennnined by` he.councrh of you Appendix A:, Pertineint,State Code Sections to judicial. review pursuant to Section 1094.5 of the Code of Civil Procedure. (5), The., council of governments or thedepartment shall reduce: the,share of regional housing needs of a county -..if all.of the -following, conditions are met: (N) One or more cities withinthe county agree to increase its .share or,,their shares in, an amount -that. will make-up -for-, the. reduction. (B) The transfer of shares sha11,--6n1v occur between a,county andl'citizs within that county.. (C) The tounty's share of low-income and very low income housing shall be reduced only in proportion to the amount:-bywhich the county's share l of'Moderate-, and abo-ftmoderate_M'come_,,-h6usinL7 is reduced. (D) The, I couacil ofgovemmentsor the department, whichever assigned the co'untr's share - shalLhave au- thokity'over the -, approval -of,,the ,prq..posed._ reduction, taking JAW consideration the. criteria 'Of subdivision (a). (6). The -housing element .shall. contain an analysis of the factors .and. circumstances; ,with all supporting data,, justifyingthe revision. All,inaterials, and data used to justiy f -..'any revision ishall be - made . available , upon, req4,pstbv,any intorested:part—y within seven days upon p4yment,ofreasonable ,;.costs ,of,ke-production un- less the costs! are waived dueto economic hardship. (d) (1): Ek, ceptas provided, in paragraph (2),any or. dinance,,..poli6y,: orstandard of, - a 1, city or, county. that directl,y:.Iilnitglby-nu m-ber, the building. -nits thatt . peri may lbe issued for -,,,residential construction, - or.. HIM' ts for: &., set pen""odf ti e.Ahenumb&r., of buildable lots that may bedeveloped l.for ,-,residential -purposes, shall not be ajustification 'for a determination or a reduc- tion, inyth&-,shar.p-. of a city or county of, the regional housing" need: ` (2);Paxagr� ' 'h es not apply to any` city or I (1) does county-that'jin -oses a moratorium on residential con structiori for. a,spepi,f1 - ld e period oftime in order to pre- serve and protect .the - public health and safety. If a moratoriu gkm: effect; the: city, orcounty shall, prior to a revision ,,P1ur-suant to subdivision (c), adopt find- ings -that specifically describe the , threat to the public .health"and:safety and the reasons why construction ofthe number: Qfunits; specified as its share: of the regional hous- .ing n60`,4,,,woU1d-.prevent the mitigatignof that threat. AOtkdt' . to -review and revise the share of h�ar i ty a.,, city or county, of'the: :regional: .housing need granted under- ,thr shalt not constitute, authority to re-, r : -P-P vise,, approv11 oo. - i''disa rove the manner in which the, hare=of the,cityw, ounty, of the regional housing need epar, xent,..c. is Me through7. its: housin program. ernments-Cor4the.�,d' department:.: '9 be charged,.- to interested parties for (4)-The-determm4tion.-o.-f,,tho:counci-1,�'o,fl, A f4e,� M ay-, gpyem- mwnts:, , or-t�he..de-pa�r�.t,-�m.,6..nt.--, as the Ca"l-L-. se'in caused -by the.,amendments made General Plan' :G u ide lines 219 Appendix A: Pertinent State Code Sections to subdivision (c) by Chapter 1684 of the Statutes of 1984 reducing from 45 to 7 days the time within which materials and data shall be made available to interested parties. (g) Determinations made by the department, a coun- cil of governments, or a city or county pursuant to this section are exempt from the California Environmental Quality Act, Division 13 (commencing with Section 21000) of the Public Resources Code. (Amended by Stats. 2001, Ch. 159. Effective Janu- ary 1, 2002) §65584.3 City of Industry (a) A city that is incorporated to promote commerce and industry, that is located in the County of Los Ange- les, and that has no residentially zoned land within its boundaries on January 1, 1992, may elect to adopt a housing element that makes no provision for new hous- ing or the share of regional housing needs as determined pursuant to Section 65584 for the current and subse- quent revisions of the housing element pursuant to Sec- tion 65588, for the period of time that 20 percent of all tax increment revenue accruing from all redevelopment projects, and required to be set aside for low- and mod- erate -income housing pursuant to Section 33334.2 of the Health and Safety Code, is annually transferred to the Housing Authority of the County of Los Angeles. (b) (1) The amount of tax increment to be transferred each year pursuant to subdivision (a) shall be deter- mined at the end of each fiscal year, commencing with the 1992-93 fiscal year. This amount shall be trans- ferred within 30 days of the agency receiving each in- stallment of its allocation of tax increment moneys, commencing in 1993. (2) On or before December 31, 1992, the agency shall make an additional payment to the Housing Au- thority of the County of Los Angeles that eliminates any indebtedness to the low- and moderate -income housing fund pursuant to Section 33334.3. This amount shall be reduced by any amount actually expended by the redevelopment agency for principal or interest pay- ments on agency bonds issued prior to the effective date of the act that adds this section, when that portion of the agency's tax increment revenue representing the low- and moderate -income housing set-aside funds was lawfully pledged as security for the bonds, and only to the extent that other tax increment revenue in excess of the 20 -percent low- and moderate -income set-aside funds is insufficient in that fiscal year to meet in full the princi- pal and interest payments. (c) The Department of Housing and Community Development shall annually review the calculation and 220 General Plan Guidelines determination of the amount transferred pursuant to subdivisions (a) and (b). The department may conduct an audit of these funds if and when the Director of Hous- ing and Community Development deems an audit appro- priate. (d) The amount transferred pursuant to subdivisions (a) and (b) shall fulfill the obligation of that city's re- development agency to provide for housing for low - and moderate -income families and individuals pursu- ant to Sections 33334.2 to 33334.16, inclusive, of the Health and Safety Code. The use of these funds for low- and moderate -income families in the region of the Southern California Association of Governments within which the city is located shall be deemed to be of ben- efit to the city's redevelopment project areas. (e) (1) The amount transferred pursuant to subdivi- sions (a) and (b) to the Housing Authority of the County of Los Angeles shall be expended to provide housing and assistance, including, but not limited to, that speci- fied in subdivision (e) of Section 33334.2 of the Health and Safety Code for low -and moderate -income fami- lies and individuals, in the region of the Southern Cali- fornia Association of Governments within which the city is located. (2) Funds expended pursuant to this subdivision shall be expended in accordance with all of the following: (A) The funds shall be expended for the construc- tion of low- and moderate -income housing located no further than 15 miles from the nearest boundary line of the City of Industry. (B) The low- and moderate -income housing con- structed pursuant to this subdivision shall be in addi- tion to any other housing required by the housing element of the general plan of the jurisdiction in which the low- and moderate -income housing is constructed. (C) Funds may be encumbered by the Housing Au- thority of the County of Los Angeles for the purposes of this subdivision only after the authority has prepared a written plan for the expenditure of funds to be trans- ferred to the authority pursuant to this subdivision and has filed a copy of this expenditure plan with the De- partment of Housing and Community Development. (f) A city that meets the conditions specified in sub- division (d) shall continue to have responsibility for preparing a housing element pursuant to Section 65583 only to the extent to which the assessment of housing needs, statement of goals and objectives, and the five- year schedule of actions relate to the city's plan to main- tain, preserve, and improve the housing that exists in the city on the effective date of the act which adds this section. (g) This section shall not become operative unless Appendix A: Pertinent State Code Sections and un t11 atparcelLof land; to be dedicated. for- the con= (5) The transferring city or county andthereceiving struction, of a,. -:high,, school, isi. transferred,pursuant to a. city or county shalt have completed, and provided to written,, agre'omentbetween:the City; of Industry. and the the department, the -annual report required by subdivi- Pomona Unfied;S.chool District;;and arcopy of this sion (b) of Section 6540.0." agreement:isfiledwiththe County Clerk;ofthe:County (c) (1) The donor: city or county and: the receiving . of Los-1,Angeles x -. city or, county shall,' at least 45: days- prior to the' trans- (Amended by.Stats. a;99>8Ch: 829); . fer, hold a public hearing; after providing notice=purse- ant to Section 6062, to solicit public comments on the X 655..84' S Hous,ang share brae-draft bcontract, including its terms, conditions;, and de- (a) A crtyor countyiiaytransfer. a percentage. of ;its 77 terminations: share bf the: regional-=housing;needs. to, `another; city 'or (2) The transferring and the receiving city or county county, if allof the following requirements are met: ° shall do. all-bf the. following: 1 Both4he receiving city or county and\thearans= O (A) Adopt a funding,. based on.,\substantial evidence ferring city: or county 6omplywith�a1l-ofthe conditions. on the record9'that'the transfer. of the regional housing - specified msubdVision(b):. need; pursuant to the terms of the; agreement will not (2)°" -The council .of governments; orthe: department \ cause or exacerbate racial, ethnic, or economic segre- revi"ews,the4 fmdu`gs madw-pursuant'to=paragraph (2) of gation `and w 11 not .create a detrimental financial inn subdivision,(c)..\ pact upon the"receiving city or comity: l (3) .The'aransfer does:notoccur more than once\m a (B) Adopt: a fmding,,.b' ed� substantial evidence five=year housmg element.interval pursuant-to.aubdiv ` on:the`-record ;that he transfer of the regional busing sion=(b) of Se6tion;65588'." need wiltresult m` the constructionof a greater number (4) :The procedures:; specified m4 subdivision(c) are 'of similar type dwelling units than, if the transfer does mnet.: not occur: (b) (1) \Except:. as provide"dm paragraph (5)- of sub (3) (A) The transferring city or county and the re - division (c) of Section. 65584a city or county transfer= ceiving city dr county shall enter into an agreement to ringa sharebf.its regional liousmg needs"shall first.have transfer units eligible, under subdivision (b). A copy of met, .in the current or previous housnge"lement cycle;, this agreement shall be sent to the. council of govern- at least 15 percent of it"s. existing share of tlie.:reg on'"s ments and;the depaitinent to be kept ori fie for\public affordable housing needs, as defined :iii Section 65584`; examination. iri the. very,lowt'and lower income category of income= (�) The.,agreement shall include a plan and sched`- groups'_'definedm,Section:50052 5 oftl efIealthYaridiSafety ule for imely"construction of,dwe11i -units,.mclud.. Code:f it propose'sto\-transferFnot more;th"an 15 -percent: ing; in addition to site identification; identification of In;.no event;;: however;`;slalh the city.;. or.°`county transfer and timeframes ..for applying "for sufficieit'subsdy or more"than SQO dwellmg:unitsin a.housmg element°cycle: mortgage financing if.the units:ne"eda subsidy or morn- (2).A city_ or`county=shall tra. sfer.its regional hoes= gage financing, and a finding that �sufFcient services ing needs m9 the same proportion by incomeT group. as and,pubhc facilities,will vi_ de' the jursdictoniha's=.mutts regional hoe ing needs: (4)`At least 60" days.prior to the transfer, the receiv- (3);: The,\transfer shall} be _only be.,tween:;�urdictions inn city' or. county.plannulg agency and the ;transferring that are contiguou lysituated` or. between a.receiving:. city or eounty:plaiusmg.agency shall submit to: the 'de- city or county.- at`is within IG milesvof th'e territory of ° partirient a draft'.amendment to reflect the identified the community of the.. donor�city or county. If both'the `transferred units. 'A transferring agency may`reduce its donor:=community and" receiving -community are coup- housing, needs only to: the extent that it had not previ- es, the donor county shall be adjacent'to in the same ously.. reduceel":its housing needs pursuant to paragraph council of governrrients;region`as; and.iii.the:same,hous= \ (2)ofsubdry ion (b) of`Section 65583. A county plan= ing\.market as, tTimceiy ng county: The. tes on which, . ning;:agency Ghat has yts share of.the regional housing any transferred housing- units will be constructed, shall: na re`ducedf ursuant>to: paragraph (5) of subdivision' be in;the"receiving city or county; acid within the,,same . (c) of S:echon 65584 s'hall.conply with this section. A housing market: area as= the- jurisd ctionY ofthe donor ` receiving city or;county\shall; in additiori.to any other city or county pro,_isions.,ofthe\article, identify in its housing element (4) Thearansferrmgand receivirig'city: or coentyshafil: suffic ent.s I, to meetits initi"al low= and moderate -in- have=. adopted," and, shall be. implementing;. a housing: corneho7.using needs: and sufficients sites to meet all trans- ` Appendix A: Pertinent State Code Sections (5) The department shall review the draft amend- ment and report its written findings to the planning agency within 45 days of its receipt. (6) The department's review shall follow the same procedure, requirements, and responsibilities of Sec- tions 65583, 65585, 65587, and 65589.3. The court shall consider any written findings submitted by the department. (d) No transfer made pursuant to this section shall affect the plans for a development that have been sub- mitted to a city or county for approval 45 days prior to the adoption of the amendment to the housing element. (e) No transfer made pursuant to this section shall be counted toward any ordinance or policy of a local- ity that specifically limits the number of units that may be constructed. (f) The Attorney General or any other interested per- son shall have authority to enforce the terms of the agreement and the provisions of this section. (g) For a period of five years after the transfer oc- curs, the report required by subdivision (b) of Section 65400 shall include information on the status of trans- ferred units, implementation of the terms and condi- tions of the transfer contract, and information on any dwelling units actually constructed, including the num- ber, type, location, and affordability requirements in place for these units. (h) (1) At least 60 days prior to the proposed trans- fer, the donor city or county shall submit the proposed agreement to the council of governments, or to the de- partment if there is no council of governments that serves the city or county, for review. The governing board of the council or the director shall determine whether there is substantial evidence to support the terms, conditions, and determinations of the agreement and whether the agreement complies with the substan- tive and procedural requirements of this section. If the council or the director fords that there is substantial evidence to support the terms, conditions, and deter- minations of the agreement, and that the agreement complies with the substantive and procedural re- quirements of this section, the participating juris- dictions may proceed with the agreement. If the governing board or the director finds that there is not substantial evidence to support the terms, con- ditions, and findings of the agreement, or that the agreement does not comply with the substantive and procedural requirements of this section, the board or the director may make recommendations for re- vising or terminating the agreement. The partici- pating jurisdictions shall then include those revisions, if any, or terminate the agreement. 222 General Plan Guidelines (2) The council or the director may convene a com- mittee to advise the council or the director in conduct- ing this review. The donor city or county and the receiving community shall pay the council's or the department's costs associated with the committee. Neither the donor city or county, nor the receiving city or county, may expend moneys in its Low and Moder- ate Income Housing Fund of its redevelopment agency for costs associated with the committee. (3) Membership of the committee appointed pursu- ant to paragraph (2) shall include all of the following: (A) One representative appointed by the director. (B) One representative appointed by the donor agency. (C) One representative appointed by the receiving community. (D) Two low- and moderate -income housing advo- cates, appointed by the director, who represent those persons in that region. (i) (1) The receiving city or county shall construct the housing units within three years of the date that the transfer contract is entered into pursuant to this sec- tion. This requirement shall be met by documenting that a building permit has been issued and all fees have been paid. (2) Any portion of a regional share allocation that is transferred to another jurisdiction, and that is not con- structed within the three-year deadline set forth in para- graph (1), shall be reallocated by the council of governments to the transferring city or county, and the transferring city or county shall modify its zoning ordi- nance, if necessary, and amend its housing element to reflect the reallocated units. (3) If, at the end of the five-year housing element planning period, any portion of a regional share alloca- tion that is transferred to another jurisdiction is not yet constructed, the council of governments shall add the unbuilt units to the normal regional fair share allocation and reallocate that amount to either of the following: (A) The receiving city, if the three-year deadline for construction has not yet occurred; or (B) The transferring city, if the three-year deadline for construction has occurred. (4) If the transferred units are not constructed within three years, the nonperforming jurisdictions participat- ing in the transfer of regional share allocations shall be precluded from transferring their regional shares, pur- suant to this section, for the planning period of the next periodic update of the housing element. 0) On or after January 1, 2000, no transferring city or county shall enter into an agreement pursuant to this section unless a later enacted statute, which is enacted Appendix A: Pertinent State .Code Sections hefore;January 2.Mdelbte or extends that:date. (C)`A statement either that the sites upon which (k)` If Artitle.XXXIU of tle.California_Consttution the units ;will be developed were identified in the is. applicable, the.recelvng.tity or county. shalh certify receiving city's housing element as potential sites that ithas>sufficrent authority under;ArticTe X L -'V of for. the de`:yelopment of housing for lower-income the California Co'ristitut on: to allow development of households; or that the units will.be.developed on pre unrtsr.transferred:pursuant to this, ection s.. viously;un _entified sites. (1) Thereceivmg city or county., shallnot within three (D) The jWmber and; percentage of the county's years of then date of the transfer agreement entered into lower-income housing needs previouslytransferred pursuant to` this section; or- unS& kr transrred units are for -the, appropriate planning period,;pursuant to this constructed" .;which ever- is longer; enter into.:.a contract section. to-, transfer units outside' the territorial, jurisdiction of (2) The, council ofgovernments_ that assigned the the agencypursuant to.:this.section: :, county's`:share - receives- and :approves each proposed and constructing those units in one or. morecitieswithin me consirucion oz ne units is: avaaianie.-, the county, only after.a l of.the,, following .conditions (C) The; receiving city or cities have housing ele- are met:' meets that, have been found by the. Department of Hous (1) An agreement has: been, execute&between;the mg and; Community Development to be incompliance county and the receiv" city or cities; following a public with this article. , hearing held by the county: and the4rece�ing 'city or (5) If the sites upon which units areao be developed citie&to;solic tpu6lic.commentson,tl e.dra`- agreement: pursuant to this. section were previously identified in The agreement shall containE,'information£ sufficient.ao... the receiving city's housing element as potential sites demonstrate -that the county: and city or cities have tom- : for the development of housing sufficient to accom- plied: with the. requirements ; of this.° section and shall inodate;. the. receiving city's share of the lower income also .include:; the: following: ..household 'need identified in its .housinga element, then A. 'A lan and schedule for time, constructi6ty the receiving city shall have amended its housing ele- )< p " : Y .. dwelling,un ts. meet to identify replacement sites;by street address for (B) Site identif cat on:by street addess f6r the iinitc housing for: lower-income households. Additionally, to be developed: trtment of Housing and Community D General Plan Guidelines 223 Appendix A: Pertinent State Code Sections ment shall have received and reviewed the amendment and found that the city's housing element continues to comply with this article. (6) The county and receiving city or cities shall have completed, and provided to the department, the annual report required by subdivision (b) of Section 65400. (7) For a period of five years after a transfer occurs, the report required by subdivision (b) of Section 65400 shall include information on the status of transferred units, implementation of the terms and conditions of the transfer agreement, and informa- tion on any dwelling units actually constructed, in- cluding the number, type, location, and affordability requirements. (8) The receiving city demonstrates that it has met, in the current or previous housing element cycle, at least 20 percent of its share of the regional need for housing for very low-income households allocated to the city pursuant to Section 65584. (b) The credit that the county receives pursuant to this section shall not exceed 40 percent of the number of units that are affordable to lower income households and constructed and occupied during the same hous- ing element cycle in unincorporated areas of the county. The county shall only receive the credit after the units have been constructed and occupied. Within 60 days of issuance of a certificate of occupancy for the units, the county shall inform the council of governments and the department in writing that a certificate of occu- pancy has been issued. (c) Concurrent with the review by the council of governments prescribed by this section, the Depart- ment of Housing and Community Development shall evaluate the agreement to determine whether the city or cities are in substantial compliance with this sec- tion. The department shall report the results of its evaluation to the county and city or cities for inclusion in their record of compliance with this section. (d) If at the end of the five-year period identified in subdivision (c) of Section 65583, any percentage of the regional share allocation has not been constructed as provided pursuant to subdivision (a), or, after con- sultation with the department, the council of govern- ments determines that the requirements of paragraphs (5) and (7) of subdivision (a) have not been substan- tially complied with, the council of governments shall add the unbuilt units to Napa County's regional share allocation for the planning period of the next periodic update of the housing element. (e) Napa County shall not meet a percentage of its share of the regional share pursuant to subdivision (a) on or after June 30, 2007, unless a later enacted stat- 224 General Plan Guidelines ute, that is enacted before June 30, 2007, deletes or extends that date. (Amended by Stats. 2000, Ch. 358) §65585 Housing element guidelines (a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element. (b) At least 90 days prior to adoption of its housing element, or at least 60 days prior to the adoption of an amendment to this element, the planning agency shall submit a draft element or draft amendment to the de- partment. The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the draft in the case of an adop- tion or within 60 days of its receipt in the case of a draft amendment. (c) In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review. (d) In its written findings, the department shall de- termine whether the draft element or draft amendment substantially complies with the requirements of this article. (e) Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the find- ings made by the department. If the department's find- ings are not available within the time limits set by this section, the legislative body may act without them. (f) If the department finds that the draft element or draft amendment does not substantially comply with the requirements of this article, the legislative body shall take one of the following actions: (1) Change the draft element or draft amendment to substantially comply with the requirements of this article. (2) Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written fmdings which ex- plain the reasons the legislative body believes that the draft element or draft amendment substantially com- plies with the requirements of this article despite the findings of the department. (g) Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department. (h); Mo, hall, within 90 days;:. -review adopted, hou mg,.elements or., -am, endfoentsand-report its f ndmgs;,to theplanning agency (Amended by Stats. 2000- Ch..471) 6558.5:1 SANDA`G se f ;cert cation (a)>° The'San.I)iega Association of. Governments (SAKI AG) : if lt. apprwewresolutionagreeing o par- ticipate m.the self=certification<process�and.invconsu- tation with: the cities and` county withiWits jurisdiction, its' housing„ element ,advisory committee; and .the. de partment,.,: sliall.work:with.;a qualified consultant;to .de terming the maximum.: number of; housing _units that can 'bez constructed, acquired,. rehabilitated; and pre- served as defined in paragraph (la) of subdivision (e) of S.echon 333,3°4.:2 of the Health:an'd Safety Code; and the maximum number: of units or., housekolds that;can be provided:: with rental or, ownership -assistance,- by each j irisdichon Ouringt the: third anit fourthit Housing element c..ycles to,meet the .existing and future housing needs ;for low: and very low income: Households as de fined': n, Sections :50079 5 50093 nand,,507.05';of the - 0" he_Code,i and extremely low, income households Tlie. metl odo;lo'gy, for. determining; the maximum number ofhousing.units,,that=can-be pro vide&hzdlli clude a recognition offinancialresources and`regulator measures that=local jJurisdictions:can use to :provide `'additional affordable low. er."`incomme. nous ing .This proc.essv-Ys intended:_to identifyahe available. resources that can: be=used to: determine :the: rnaxrmum number 6f,housing amts each:junsdctiomcanprovid`e: The process' acknowledges: that the need to produce. housing foraow-, veryrl`ow;, and extremely low i ncome households may exceed, le-,, resources. The de. par-tment. and SAND. Q with in from its„housing element advi-g�6i,,-y�,:c,oin m ftfuee-. thei consultavi and local jurisdictions; shalLagreeiupon°definitt6ns for, extremely low income household`s= and. their affordable. housing_ costs;. the,. methodology for the= deternu mionqof the rnaximum_number'ofBon ingumts..and thenuniber. each jurisdction.can produce at east oneyear:before the due date. of each housing=element revision; pursuant to paragraph (4),of"subdi'vsion {e); of'Section 65588 .;If SAlVIAG. fails., to approve a. resolution:: agreeing:. to parti.cipato-dthis: pilot pr`:' .am , or. SAVIJ GA `andthe . department"-failt;to agr-..ee up:on the, methodology ,by whichthemax nnuln number of housing amts mindkthen local junsdictionsrrnayriotsglf certify pur: suanttd, this section: (l) The: ”hounng; element: advisory; committee shouldinclude representatives;of"tlie l'ocal_jurisdctions nonprofxtaffordable housing;development corporations ,appendix P: Pertinent State Code Sections and affordable I housing advocates,<and representatives of the for-profit building, real estate and banking in- dustries. (2) The determination of the "maximum number of housing units" that thejurisdiction can provide assumes that the needs for low-, very low; and extremely, low income households; including.those-with :special "hous- ing needs,; will be: met in,approxnlnate proportion to their representation in the region'spopulation. (3) A ":4'ualifib& consultant" :for the purposes 'of this section:means an expert n the identification.of financial resources and regulatory measures for the provision of affordable housing forlower income. households.,. (b) A city or county. within the jurisdiction of the San Diego Association of Governments that elects not to, self: -certify, oris ineligibleto do so, shall submit its;` Housing element or amendment to the department, pur- suant to Section 65585. (c) A. city or: county =within the jurisdiction of the San Diego Association of Governmentsa ,that elects to self -certify shall subrnit�a self=:certif cation of compli- anc - to the department with its adopted housing ele rnent: or amendment: In,, order to:be.eli.gible to self 'certify :the legislatiwe-body, after holding a public hearing, shall make2 findings, based on substantial evi- dence; that it has; met the following criteria for self certification: (1)_'Thejurisdiction's adopted housing element or amendment substantially complies with the provisions of th-is article; °including addressing the needs'of all in- c;oinvlevels. (2); For the third housing element revision, pursu- ant to Section 6558,8; the°jurisdiction met its fair share of the -.regional` housing needsfor the second housing element revisions cycle, as determined by °the 'San Di - egg Assocation,.of Governments. In determinih-g:'whether -a jurisdiction' has met its fair, share,, the jurisdiction may count each additional lower -income household. provided with affordable housing costs Affordable housing costs are defined in Section 69 f& for_ renters, and in Section 6925 for purchasers'.,,of Title 25 of the California Code of Regu- lations, and `in Sections 50052:5 and 50053 of the .]R Code, or by the applicable funding source- orprogram (3) For sub. eq nt>housing elementrevisions, pur- suant: to, Section, 6:55.8,8 thejurisdiction has provided the% makimum, number of housing units as determined pursuant to subdivision (a), within;ahe previous plan ning perio d: (A)' The additional units provided at affordable hous- ing, costs as°<define`d" in paragraph (2) ifi satisfaction of General Plan Guidelines '225: Appendix A: Pertinent State Code Sections a jurisdiction's maximum number of housing units shall be provided by one or more of the following means: (i) New construction. (ii) Acquisition. (iii) Rehabilitation. (iv) Rental or ownership assistance. (v) Preservation of the availability to lower income households of affordable housing units in developments which are assisted, subsidized, or restricted by a pub- lic entity and which are threatened with imminent con- version to market rate housing. (B) The additional affordable units shall be provided in approximate proportion to the needs defined in para- graph (2) of subdivision (a). (4) The city or county provides a statement regard- ing how its adopted housing element or amendment addresses the dispersion of lower income housing within its jurisdiction, documenting that additional af- fordable housing opportunities will not be developed only in areas where concentrations of lower income households already exist, taking into account the avail- ability of necessary public facilities and infrastructure. (5) No local government actions or policies pre- vent the development of the identified sites pursuant to Section 65583, or accommodation of the jurisdiction's share of the total regional housing need, pursuant to Section 65584. (d) When a city or county within the jurisdiction of the San Diego Association of Governments duly adopts a self -certification of compliance with its adopted hous- ing element or amendment pursuant to subdivision (c), all of the following shall apply: (1) Section 65585 shall not apply to the city or county. (2) In any challenge of a local jurisdiction's self - certification, the court's review shall be limited to de- termining whether the self -certification is accurate and complete as to the criteria for self -certification. Where there has not been a successful challenge of the self -certification, there shall be a rebuttable pre- sumption of the validity of the housing element or amendment. (3) Within six months after the completion of the revision of all housing elements in the region, the council of governments, with input from the cities and county within its jurisdiction, the housing ele- ment advisory committee, and qualified consultant shall report to the Legislature on the use and results of the self -certification process by local governments within its jurisdiction. This report shall contain data for the last planning period regarding the total number of ad- ditional affordable housing units provided by income 226 General Plan Guidelines category, the total number of additional newly con- structed housing units, and any other information deemed useful by SANDAG in the evaluation of the pilot program. (e) This section shall become inoperative on June 30, 2009, and as of January 1, 2010, is repealed, unless a later enacted statute that is enacted before January 1, 2010, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2001, Ch. 159. Effective Janu- ary 1, 2002) §65585.2 Eligibility Notwithstanding any other provision of law, any city or county that has a housing element that has been self - certified pursuant to the requirements of Section 65585.1 shall be considered to be fully eligible to participate in any program created by, or receiving funds through, the Housing and Emergency Shelter Trust Fund Act of 2002 in an identical manner and to the same degree, as those local jurisdictions deemed in substantial compliance with the requirements of this article by the Department of Housing and Community Development pursuant to Section 65585. (Added by Stats. 2002, Ch. 711) §65586 Deadline for adoption Local governments shall conform their housing ele- ments to the provisions of this article on or before Oc- tober 1, 1981. Jurisdictions with housing elements adopted before October 1, 1981, in conformity with the housing element guidelines adopted by the Depart- ment of Housing and Community Development on De- cember 7,1977, and located in Subchapter 3 (commencing with Section 6300) of Chapter 6 of Part 1 of Title 25 of the California Administrative Code, shall be deemed in compliance with this article as of its effective date. A locality with a housing element found to be adequate by the department before October 1, 1981, shall be deemed in conformity with these guidelines. (Added by Stats. 1980, Ch. 1143) §65587 Deadline extension (a) Each city, county, or city and county shall bring its housing element, as required by subdivision (c) of Section 65302, into conformity with the requirements of this article on or before October 1, 1981, and the deadlines set by Section 65588. Except as specifically provided in subdivision (b) of Section 65361, the Di- rector of Planning and Research shall not grant an ex- tension of time from these requirements. Appendix A: Pertinent State Code Sections (b) Any action:brought by any nterestedv party to. (3) The number of existing residential: dwelling units review the conforinity with th ev provisions of this. ar..- occupied by persons and, families ;of low or moderate tcle of any=Housing elernentor portion tlereofwor revi= income;.as defined in Section 50093 of the Health and son.thereto shalt, be broughti.pursuant toSection 1;0$5. Safety -Code,: that :have been authorized to be dernol- of the Code_ of Civil Procedutlie-court'view of ished or converted since -January 1, 1982, in the coastal compliance .with,;the provisions of tkis:art'cle shall ex= zone. tend_ to, whether. the housing;element_or portion. thereof (4) The number of residential dwelling units. forger or reu szon.thereto. substantially carnplies with:the, re= sons and families. of low or moder--ate `income`, as' de quirements:of this-article;..fined in SOction 50093 of theealth and: SafetyCode,- (c) If a:court:f'nds, thatari action -;of acity,:county;.or that have been required for `replacement or authorized city -and county, which.is;required tobeconsistent will to be converted or demolshed:as identified:nparagraph its general plan; ;.does not comply with its housing ele= (3): The.locaton of ; he replacement units;;either ment,ahe city, county, or. city,and countyshall`firing its onsite, elsewhere within the locality's jurisdiction within, action into compliance within. 60. days.. However; the the coastal zone;: or. within three -miles of the coastal court shall retam jurisdicti^onahroughout;the periodfor` zone within he..locality's jurisdiction; shall be ,desig compliance to enforcer its, deC.lSlon. Upon the, c.ourt's� nated in the review. determuiation, that the 60 day period for compliance (e) Notwithstanding:subdivision (b) or the date. -of would place an undue: hardship on the city; county; oradoption'.of the Housing elements: previously m exist city and county, ale;;court may extend the time period ence, the dates of revision for the housing element shall for compliance by: an additional'.6,0 days., be.modified as.follows: (Amended;liy Stats:: 1,990': Ch41441)• (1) T ocalgovernments.within the regional jurisdic tion of the Southern Califomia.Association of Govern= X655,881'erlodac:`revi°ew.,and.revision ments::;I.`ecernber31,2000"1or the third revision; and (a) Eachaoeal:goyernment-shall review;its h, su gu . June 3.0`, 2:006,-for;theyfou Ili.revision. element as. frequently as- appropriate to evaluate all of (2),.Local:_governments. withm the regional Jurisdic- Appendix A: Pertinent State Code Sections Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide local governments with suffi- cient time to finish their allocation of housing needs prior to the deadline established by Section 65584 of the Government Code, it is necessary that this act take effect immediately. (Amended by Stats. 2003, Ch. 58) §65588.1 Housing element annual review (a) The planning period of existing housing elements prepared pursuant to subdivision (b) of Section 65588 shall be extended through the housing element due date prescribed in subdivision (e) of Section 65588. Local governments shall continue to implement the housing program of existing housing elements and the annual review pursuant to Section 65400. (b) The extension provided in this section shall not limit the existing responsibility under subdivision (b) of Section 65588 of any jurisdiction to adopt a housing element in conformance with this article. (c) It is the intent of the Legislature that nothing in this section shall be construed to reinstate any man- dates pursuant to Chapter 1143 of the Statutes of 1980 suspended by the Budget Act of 1993-94. (Amended by Stats. 2000, Ch. 117) §65589 Legal effect (a) Nothing in this article shall require a city, county, or city and county to do any of the following: (1) Expend local revenues for the construction of housing, housing subsidies, or land acquisition. (2) Disapprove any residential development which is consistent with the general plan. (b) Nothing in this article shall be construed to be a grant of authority or a repeal of any authority which may exist of a local government to impose rent con- trols or restrictions on the sale of real property. (c) Nothing in this article shall be construed to be a grant of authority or a repeal of any authority which may exist of a local government with respect to mea- sures that may be undertaken or required by a local government to be undertaken to implement the hous- ing element of the local general plan. (d) The provisions of this article shall be construed consistent with, and in promotion of, the statewide goal of a sufficient supply of decent housing to meet the needs of all Californians. (Added by Stats. 1980) §65589.3 Rebuttable presumption 228 General Plan Guidelines In any action filed on or after January 1, 1991, taken to challenge the validity of a housing element, there shall be a rebuttable presumption of the validity of the element or amendment if, pursuant to Section 65585, the department has found that the element or amend- ment substantially complies with the requirements of this article. (Added by Stats. 1990, Ch. 1441.) PUBLIC RESOURCES CODE §2762 Mineral resources (a) Within 12 months of receiving the mineral in- formation described in Section 2761, and also within 12 months of the designation of an area of statewide or regional significance within its jurisdiction, every lead agency shall, in accordance with state policy, establish mineral resource management policies to be incorpo- rated in its general plan which will: (1) Recognize mineral information classified by the State Geologist and transmitted by the board. (2) Assist in the management of land use which af- fect areas of statewide and regional significance. (3) Emphasize the conservation and development of identified mineral deposits. (b) Every lead agency shall submit proposed min- eral resource management policies to the board for re- view and comment prior to adoption. (c) Any subsequent amendment of the mineral re- source management policy previously reviewed by the board shall also require review and comment by the oard. (d) If any area is classified by the State Geologist as an area described in paragraph (2) of subdivision (b) of Section 2761, and the lead agency either has desig- nated that area in its general plan as having important minerals to be protected pursuant to subdivision (a), or otherwise has not yet acted pursuant to subdivision (a), then prior to permitting a use which would threaten the potential to extract minerals in that area, the lead agency shall prepare, in conjunction with preparing any envi- ronmental document required by Division 13 (com- mencing with Section 21000), or in any event if no such document is required, a statement specifying its reasons for permitting the proposed use, and shall for- ward a copy to the State Geologist and the board for review. If the proposed use is subject to the requirements of Division 13 (commencing with Section 21000), the lead agency shall comply with the public review require - ments; of that di, ion. Otherwise; the,lead:agency shall provide public: notice ° of the; availability-; of its state- ment by all.of_thelfollowing:. (1;)`Publishi e notice at least -one time in a;news paper of general circulation. in-.thelarea affeetedby the pro-.pos'ed -use. (2)Dectly niazing the- notice. to= owners: of prop- erty, within one half rn{le of the parcel or parcels on whichthe proposed=use:s located as those.owners are shownowflie latest equalized assess%mnt`role The public review.period shalLnot,be less than 60 days: from .the date; of the' notice. and; shall include at least gne:publc hearing; The dead' agency. shall evalu- ate;,c.omments received,,and.:sh; ll prepare:: a written re- sponse The. wr<tten response shall _describe the disposition of. thee° majjorissuesraised In_particular, whenahe lead.agency's.position.onahe proposed use is atvariancewi&ilecornmendations and objeeti'ons raised in the.comments:,the,writtenresponse4alLaddress in detail.why specific' comments and. suggestionswere not accepted. (e)., Prior to.permitting: a use wh wouldthreaten the potential:to extra iiim rals mean areaclassified by the:,State: Geologist.. as: an area. descnhed n;.paragraph (3): of 'subdivision (b)�of"Section 276 l,ahe.lead,agency Appendix A: Pertinent State Code Sections of statewide .:significance, and the lead :agency either has designated that area in .its general plan as having important minerals to be protected pursuant to subdi- vision (a) of Section 2762, or otherwise has not yet acted pursuant to subdivision:.(a) of Section 2762, then prior to permitting a use which would threaten the po= tential.to,extract-mineralsin_that area, the lead agency shall prepama statement specifying its reasons for per mitting ;the proposed use, in accordance with the re- quirements set forth in subdivision.(d) of Section 2762. Lead agency land use decisions involving areas desig- nated as being of statewide significance shall be in ac- cordance with the lead agency's mineral resource managementpolicies and shall also, in balancing.min-- eral values against alternative land uses,; consider the importance of the mineral resources 6 the state and nation _as .a whole: (Amended by`Stats.1990. Ch. 1097.) x'2764 Compatible future land uses; general plan amendments (a) Upon the request of an operator or other;inter- estedperson and payment bythe requesting person of the estimated cost `of processing;the request, the lead agency having jurisdiction shall a end its general plan, may.: cause -116 --be prepared an evaluation, the area in or prepare a new specific plan or amend any applicable order to ascertain 'the: significance' of the: mineral de- specific plan; that shall, with respect to the continua- 01 _1 therein The, results; of such' evaluation tion of the existing surface mining operation for which shall"bo transnutted to.,the,State Geologist.and"the;board• the requestis"made, plan for future land uses in,thevicin- (Amended by 'Stats.: ] 990 ; Ch 1:097) ity of, and access routes serving, the .surface m nmg op- eration in light of the importance of the minerals to their §276.3.'Land use: decisions .. market region as -a whole; and notjust their importance (a)'If an`area.is desgnated.by the board:.as.an area to the lead agency's area of jurisdiction. of regi"oval significance;: and the lead agencyeither has (b) In adopting amendments to the generalplan, or designated that:ar:,0a. wits general. plans as. -having im- adopting or amending a specific plan, the lead agency portant. mmerals„ao be: protected pursuant to. subdivi- shall make written legislative findings as to whether sibn (." of Se,6-tionx2762: or, otherwise has not.yet acted the future land uses and particular, access routes will pursuant.to subdivision -(a) of Section 2762, tlenprior be compatible or•incompatible with the continuation to.,pennitt ng a,use'whreh would threatenahe:potential of the surface,mining operation, and:if they are found to extract minerals in that. area,.,the:lead= agency. shall to be incompatible; the findings shall include a state- prepare a statementspecifying.its reasons=for permit= ment of the reasons why they are to;be provided for, ting the proposed use, in,accordance. with the,,require- notwithstanding the importance of the minerals to their mentstset forth in,subdivision(d) of'Section 2762, 'Lead market region as a'Whole or their previous designation agency land use decisions iriwolvmg,,areas designated by the board,: as the case may be. as. being of regional signficance-shail bein:accordaiice. (c) Any evaluation of a mineral: deposit prepared by with.,theIead ager.cy,%1"mineral'resourcermanagenient.. `a lead agency for; the purpose ofcarrying out this sec - policies and shak also.; in: hafancilig mineral values " tion shall be transmitted to the State Geologist and the against al"ternative land uses;;consider the irnportance . board: ofthese:rninera-ls toaheir market-region.as awhole and (d} The'procedure provided'for in this section shall not-----ust-tleir.importance to -:the lead agency's area of not be undertaken-in,any area:thathas been designated jurisdiction. pursuant to Article 6 (commencing with Section 2790) (b) If "an.area is d`esgnated by the hoard as. an area if mineral- resource management policies have been Genera[ 'Plan Guidelines 229 Appendix A: Pertinent State Code Sections established and incorporated in the lead agency's gen- eral plan in conformance with Article 4 (commencing with Section 2755). (Added by Stats. 1986, Ch. 82) §4102 State responsibility area "State responsibility areas" means areas of the state in which the financial responsibility of preventing and suppressing fires has been determined by the board pur- suant to Section 4125, to be primarily the responsibility of the state. (Repealed and added by Stats. 1965, Ch. 1144) x'4125 Classification of state responsibility areas (a) The board shall classify all lands within the state, without regard to any classification of lands made by or for any federal agency or purpose, for the purpose of determining areas in which the financial responsibility of preventing and suppressing fires is primarily the re- sponsibility of the state. The prevention and suppres- sion of fires in all areas that are not so classified is primarily the responsibility of local or federal agencies, as the case may be. (b) On or before July 1, 1991, and every 5th year thereafter, the department shall provide copies of maps identifying the boundaries of lands classified as state responsibility pursuant to subdivision (a) to the county assessor for every county containing any of those lands. The department shall also notify county assessors of any changes to state responsibility areas within the county resulting from periodic boundary modifications approved by the board. (c) A notice shall be posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map, and of any infor- mation received by the county subsequent to the receipt of the map regarding changes to state responsibility ar- eas within the county. (Amended by Stats. 1998, Ch. 65) 230 General Plan Guidelines §4128.5 Submission of draft safety element (a) It is the intent of the Legislature that decisions affecting the use of land in state responsibility areas result in land uses which protect life, property, and natu- ral resources from unreasonable risks associated with wild land fires. (b) At least 90 days prior to the adoption or amend- ment to the safety element of its general plan, the plan- ning agency of each county which contains state responsibility areas shall submit the draft element or draft amendment to the board and to every local agency which provides fire protection to unincorporated terri- tory in the county. The board shall, and a local agency may, review the draft and report its written recommen- dations to the planning agency within 60 days of its receipt of the draft. The board and local agency shall review the draft for consistency with the intent of this section. The board and local agency may offer written recommendations for changes to the draft which would make the draft consistent with the intent of this section. (c) Prior to the adoption of its draft element or draft amendment, the board of supervisors of the county shall consider the recommendations made by the board and any local agency which provides fire protection to un- incorporated territory in the county. If the board of su- pervisors determines not to accept all or some of the recommendations, if any, made by the board or local agency, the board of supervisors shall communicate in writing to the board or local agency its reasons for not accepting the recommendations. The communication shall explain how its decisions affecting the uses of land and policies in state responsibility areas will protect lives, property, and natural resources from unreason- able risks associated with wild land fires. (d) If the board's or local agency's recommendations are not available within the time limits set by this sec- tion, the board of supervisors may act without them. The board of supervisors shall take the recommenda- tions into consideration at the next time it considers fu- ture amendments to the safety element. (Added by Stats. 1989, Ch. 778) APPENDIX B -i ns or ney uentr In: C urt and Att al-Or JO This appendix:'summarizes: major planning,,=related intents to. bring these cases to your attention; please I'tgation,.and pertinent: o"_ pinions of the CaliforniarAt=. refer to the. full text of the cases and opinions.ifor in tornCreneral . The ,brief summaries highlight one ,or depth information -For advice regarding the ap eypl 6abi1- more, pertinent:.principl'es;,,but are by no means com- ity of a case to specific situations particularly those pr" ehensive � discussions of each case or opinion. The cases involving "takings," consult your counsel: Lali&Use Association v. City of Hayward .....:.......... ... 232 Al'ame'da County ArnelI�evelopm, t'.Company-v. City of Costa Mesa .................... ... .................. 230 Associated TIomebuilders of the East Bay v:' City of Livermore...........'.....:.................................................. 231 , Buena'Vist&6arden Apartment Association v. City of San Diego Planning .Department .............................. 235 Camp w. County_ of lVlendocino..................:..:....,...................:..............:.........:.............. .........237. Chandis Securities Co . v . City- of„Dana Point.:::...................................:......................................... ........., .232 City of S.anAa, Cruz. v. Superior Court of Santa Cruz County (Bombay;Corp.) ................... ................................ 232 Concerned-,Citikens of Calaveras' County v. Board-of Supervisors of Calaveras County .............................. 235 deBoWit I"v City Council of Norco ............ DeVita v. County: of Napa...........`.:..............................................................:............................:............ 229 Dolan V. City ofI gard``:.........................:...............................................::.......::...:..........................:......... 229 Elysian Heights -Residents Association v. City'of Los Angeles .............. . ........................:..........................:...234 Families TJnafraid .to UpholdIZura1 E1 Dorado; County v. El Dorado County Board of Supervisors :..............231 Friends of..B Street v. City of: Iayward............. ............................- .. 238 Iernandez-v,City`of Encinitas ...:..:.....,.... ... :... ... ........ ..:...:.................233 Hoffmaster,v City of S'aI ego................................................................ ......,......................................., ........... 23.2 Karlson V.City of Carnarillo......:.......:...............................................................................................:........238 Las Virgenes,Homeowners=,.Federation, Inc. v. County of Los Angeles ;....:......................................':..;........234 Lester Communications v: City of`;alnnt- Creek ............... ... .. .229 Marbrehead'v: City of S.on Clem:ento. ................... .........................................:.................:..:,........................ 233 1Veighborh66d Acton .Ci`roup v. County°of Calaveras,....................... .......................... ................................ 236 Nollan v: Cal for<n:ia Coastal= Comm ssion:.......,......> ............ ........ 229 No Oil; ;Inc.`v: City of Los, Angeles-. ..... ,.....`...................................:............................. ........................ 233 San Mateo County Coastal Landowners' Assoc a' 11- County of San Mateo :............:.:......,.....:.,.;............. 233 SaveEl Toro Association4 v. Days ..........:.................I......... .............. ..................::........................................ 238 SierraClub v. Board of Supervisors of Kern:County .......... ................................................ ........................... 237 Twain Harte: Homeowners Association, Inc. v. Cotiiiw of .Tuolumne ............................................................... 236 Yostv..Thornas.. .....;; .................:: ....... ....>:.......,. .......................:......................................................:..230 Youngblood v., Board of Supervisors of, San I�riego, .. ............................................230 General- Plan Guidelines 231 Appendix B: Court and Attorney General Opinions U.S. SUPREME COURT CASES Dolan v City of Tigard (1994) 114 S. Ct. 23 09 As conditions of approval for a building permit, the City of Tigard required that the owners of a plumbing supply store dedicate a strip along their street frontage for a bicycle lane and dedicate the drainage ditch along the side of their property for flood control purposes. Tigard cited its land use plan as the basis for these exactions. The owners sued, alleging that the dedica- tion requirements amounted to regulatory takings for which just compensation was due. The U.S. Supreme Court reversed the lower court's decision and overturned Tigard's exactions. The court held that in addition to the essential "nexus" described in the court's Nollan decision, the extent of an exac- tion must have a "rough proportionality" to the demand or impact of the project. The court found that the city's exactions exceeded the proportional impact the en- larged store would contribute to bicycle traffic and flooding. This case demonstrates the Supreme Court's con- cern over regulations that attempt to place an unfair burden on a single property owner. A general plan can provide the broad basis for ordinances that impose ex- actions to implement the plan, but may not be specific enough to be the sole basis for exactions. Nollan v California Coastal Commission (1987) 107 S. Ct. 3141 The Nollans wished to demolish and rebuild their single family residence in the coastal zone. The Coastal Commission approved a permit for the new residence, conditional upon the Nollans dedicating a strip of land along the property's beach frontage for public access. The purpose of the dedication was to carry out the goals of the Coastal Act in preserving the public's view of the ocean from Highway 1. The Nollans sued, alleging that the dedication was a regulatory "taking," uncon- stitutional under the Fifth Amendment of the U.S. Con- stitution, which prohibits governmental taking of private property without just compensation. The Supreme Court overturned the lower court's de- cision and held for the Nollans. Government's power to regulate land uses is well established in law. However, such regulations must advance a legitimate public pur- pose and be linked to the land use's impacts on that pub- lic purpose. In this case, the Commission may legitimately regulate development along the coast in a manner that protects public views of the ocean from Highway 1. How- ever, the dedication of beachfront land for public ac- cess is not necessary, nor is it related to this purpose. 232 General Plan Guidelines This case introduced the word "nexus" to the lexi- con of exactions. Nollan instructs that governments must document the link, or nexus, between the exac- tions being imposed, the legitimate public purpose be- ing served, and the necessity of the exaction to remedy projects' impacts on that public purpose. CALIFORNIA SUPREME COURT CASES De Vita v County of Napa (1995) 9 Cal.4th 763 In 1990, Napa County voters approved an initiative amending the county's general plan to limit develop- ment in agricultural areas for a 30 -year period and to restrict the ability of the Board of Supervisors to con- sider, with certain exceptions, general plan amendments that would change agricultural designations. Proposed general plan amendments in agricultural areas would be subject to a countywide election. DeVita challenged the initiative, arguing that the measure rendered the general plan internally inconsistent and that amending the general plan is the responsibility of the Board of Supervisors and not properly undertaken by initiative. The trial court and the court of appeal held for the county. The Supreme Court affirmed, holding that the ref- erence to "legislative body" in Government Code §65356 and §65358 does not limit the authority to amend a general plan solely to a city council or county board of supervisors. The initiative power reserved to the voters by the California Constitution allows them to take any legislative action that is otherwise within the power of their elected legislative body, unless such power is specifically restricted to the legislative body. In this case, the court concluded that the statute was not so specific as to exclude the electorate from acting as the legislative body. As a valid amendment to the general plan, the measure did not create any internal inconsistency. Lesher Communications v City of Walnut Creek (1990) 52 Ca0d 531 Walnut Creek voters approved an initiative linking the level of allowable office development to the level of service on key roads within the city. Its effect was to limit future development throughout the city. Lesher Communications sued, alleging, in part, that the initia- tive failed to amend the general plan and thus was in- consistent with the plan. The Supreme Court agreed, concluding that the voter initiative was a zoning change rather than a gen- eral plan amendment and, because of its inconsistency with the plan, was invalid when passed. Simply be - cause. a m, easure.. is passed. by11ie voters., rather. tl an, adopted by'the -.city council' does<not absolve; it from mee,ti tg, the°,consistency=:requirement: Yost v.; Thomas (1984.).'=X Cal 3..4.'561 The I?arkPlaza Corporation. file:& severah:applica:- tions; iitcludmga='specific plait,>to;.authorize.con true, tion. of ay3.60 r..00m hotel and: conference:center. under the City of Santa.Barbara's;certifiedLocalCoastal,Pra gram„(LCP.):_After�the.counciYhad°approve`& the -.project; a local citizens_' group: attempted to file a referendum. petition to.`reuerse "tlie:councl's action: The petition was rejectedby city clerk Thomas:. The.city argued that. its approval.was ministenal underthe'Coastal.:Act and noty sub�ect:to .referendum The citizens' group sued and the triad`; court; found. for --the -city, holdings that. the city's action were administrative under. the Act and that he;powersof imoat ve and referendum apply only to legislative actions bya:loc:al governing body... The Supreme Court.r=eversed; citng,the established> principle that, a referendum applies only to- legislative acts. Smcew adopting. or.;ameridmir:g; a °general plan: and: rezoli are legrslativer acts;; the. court reasoned” that speclf'c plans are.;aikewisew iegislative: The court, also-, conclu'de`d that.in enaoti tg the CoastalAct,..the Legis - had not.mtended to luntLLlocal:authoritytoa point-- beyond. the"reach of5 r:.eferendum While„` the Coastal' Cornet}fissiondisapprove an L�CP,that is i-consis Appendix B: Court and Attorney General Opinions dated;:arguing that the'rezoning .of specific, relatively small parcels- was an adjudicative, rather than a legis- lative, act'and thus could not be enacted by initiative. The. Supreme Court -ruled for the city, concluding that enactment.oramendment of a zoning ordinance is a<legislative .act regardless of the size or ownership of tl ,e. -land -involved and.is subject.to, enactment by_init a five. It noted that an initiative maybe declared:invalid because it is?arbitrary orunreasonable, it bears no rea- sonable relationship to the regional -welfare, or; it' de- prives property owners of substantially 'all -use of their land. Furtherinore zoning changes; even those adopted by, initiative;:rnust conform w,the-general plan. The Supreme Court .remanded: the: case to the Cali- forma Court of -Appeal to' address the other arguments made byArnelcontesting-the validity o£ the. initiative.. The California Court of Appeal ruled for Arnel hold- ing that the initiative ordinance was arbitrary and unrea sonable and, therefore; invalid. In contrastto the zoning adopted by the city; after l 8 moat — of planning and 30 public hearings;. the zoning: initiative. was'.not based on any significant change in circumstances, but enacted for the sole-purpose,of<thwarting-the.Arnel project. Further, the zoning initiativewas invalid because -it -failed to meet the regional welfare 'test set out in Associated Homebuilder'sof'the East Bay v City of Livermore (1976) 18 Cal.3d 582. By precluding development of multifamily residences mi the area, the initiative ordinance did not effect a reasonable accommodation of the com- tentwith state policy or�twweak toA effectivefiy'°rmple-- peting interest on a regional basis and was, therefore, an ment,:it, the -;Commission may not.specify the.;°precise invalid exercise of the police power. conteAV.of::ther LCI'._ Furthermore,. local.governments. may 'choosey the means`; of iinplementmg the Coastal Noungblood Board of Supervisors of San Diego Act and may bemore-.restrictive.ofpart ulardevelop- ®nty (1978) .22 Cal.3d 644 ment.than- state�po-hcies,'require:. In 1974, the Santa Fe Company filed a tentative map Arnet"Development Company v# C'�ty (Costae for 131: lots:based” on the adopted San Dieguito Com- li�esa (1980) 28 Cal.,3d SIl (Cal forma, Court of munity flan: The la m- and the Board Appeal (1981) 126 Cal.App3d 33`0)• " Of- Supervisors determined. that: the: map was consis- tent: with the community, plan-. and granted- approval. Arnel D:eveloprnent;C:ompany (Am, proposed: to :Shortly thereafter,. the,, hoard of Supervisors adopted an develop a 5.0=acre parcel -in. CostaaIesa 'Tlie: city ap- amended the San.D"ieguito Community Plan. The board proved a specific`pl'an and,rezone.dAthe:Arnel property, = deme&. arequest.by Youngblood and other neighboring to planned development residential. low=density and: ;proper-ty owners to rezone Santa Fe's property to the lower planned development residential rnedium-density A. density:called-for£in tlieamended plan. Santa Fe filed final developmentplan and a;tentative sulidivisign reap a.>.final snap. in 197"5°,, which the county approved.., were,, also: approved: Youngblood sued to, force. -the: board to rezone the ` After: the city's action, city, voters approved an in property "within: a reas:onabae time" to the reduced tiative measure.rezonmg,the-Armh'property and adja; density specified rn the amended general plan. cent agricultural parcels to single. -=family residential Youngblood;, alleged that the board . abused its dis- Thereafte -, the city refused to;process Arnel's applica cretion; by refusing to rezone. the property- to con= tions fora finalsubdivision snap and,buildmg;permits form ta, the-' amended plan and .by approving final In response ;Arneln_sought:to have; the mitative;mvah subdivsion:rnaps hat did not:;c.onform to the amended General, Plan- Guidelines 233 Appendix B: Court and Attorney General Opinions plan. Youngblood claimed that the Subdivision Map Act requirement for consistency of final subdivision maps with general and specific plans should be inter- preted to mean the general and specific plans in ef- fect at the time of review of the final map, even if different from the plans in effect at the time of the tentative map approval. Youngblood argued alternatively that if consistency with the general plan is determined upon approval of the tentative map, a tentative map is not actually approved until all the conditions placed on the map are met. Thus, consistency with the plan would not be determined until the conditions are satisfied, not when the map is submitted. This would subject the ten- tative map to any changes in the general plan or spe- cific plans occurring in the interim. The California Supreme Court ruled for the county, holding that "approval" of a tentative map occurs when it is approved by the local body, not upon fulfillment of the imposed conditions. In addition, since the 1967 community plan did not specify a minimum lot size, only a density range of 0 to 0.75 dwelling units per acre, a subdivision map allowing 0.6 dwelling units per acre was consistent with that plan. The appropriate plan for determining consistency, then, was the plan in effect at the time of the tentative map's approval. Associated Homebuilders of the East Bay v. City of Livermore (19 76) 18 Cal. 3d 582 Livermore voters enacted an initiative ordinance in April 1972 restricting the issuance of building permits. No permits were to be issued unless it could be shown by the developer that the project would not lead to school overcrowding or double sessions in the local school district and would not exceed sewage treatment and water supply capacity as regulated by the Regional Water Quality Control Board. Associated Homebuilders (Builders) sued, arguing that the ordinance was vague and that its effect would be to unconstitutionally bar immigration. The trial court issued an injunction against the city on the basis that the ordinance was unconstitutionally vague and pre- cluded by Hurst a City of Burlingame (1929) 207 Cal.3d 134, which held that state statutes requiring notice and hearing to precede enactment of zoning or- dinances also applied to initiatives. The city appealed. The Supreme Court held in favor of the city. The court reversed its earlier Hurst decision, concluding that to require notice and hearing would preclude the use of initiatives in general law cities and unconstitution- ally limit the electorate's constitutional right to the ini- tiative process. Further, it held that the ordinance was 234 General Plan Guidelines not vague. By interpreting the ordinance to incorpo- rate standards established by the Livermore Valley Joint School District and the Regional Water Quality Con- trol Board, the court found its terms to be sufficiently specific to allow their implementation. The failure to designate a person or agency to determine when the standards are met was likewise not unconstitutionally vague. The duty to enforce the ordinance lies with the city's building inspector. Finally, the court rejected the claim that the ordi- nance unconstitutionally barred immigration. The court established a standard based not upon sustainability by a compelling state interest, but rather upon a reason- able relationship to "the welfare of the region affected by the ordinance." In other words, the city does not exceed its police powers when they are "reasonably related" not only to the welfare of the city's residents, but also to those of the surrounding region. CALIFORNIA COURT OF APPEAL CASES Families Unafraid to Uphold Rural El Dorado County v El Dorado County Board of Supervisors (1998) Cal.App.4th 1332 In March of 1998, the 3rd District California Court of Appeal considered allegations that the El Dorado County Board of Supervisors failed to comply with the county's Draft General Plan and the California Envi- ronmental Quality Act in approving a residential sub- division encompassing 566 lots on 7,868 acres. The appellate court found that the project was sub- mitted at the time when the county was preparing a general plan update and was subject to the conditions of a general plan extension as approved by the Of- fice of Planning and Research (OPR). As it was au- thorized to do, OPR required the county to make specific findings reasonably supported by evidence in the record that any development approved be con- sistent with the county's draft general plan and that there be little or no probability that the development would be detrimental to or interfere with the future adopted general plan. The draft general plan included a policy stating that designations for developments the size of the subject proposal only be assigned to lands contiguous to "Community Regions and Rural Centers." The project was not contiguous to any such lands. In reviewing this matter, the court relied on Corona - Norco Unified School District a City of Corona (1993) 17 Ca1.App.4th 985, in which the court, quoting the General Plan Guidelines, held that a project is consis- tent with the general plan "if, considering all its as - pect.&, it wi114further the;obJectives =-d. policiesof the general plan. aiidirt. noti obstruct their- attainment."' The: court,—conchdedahat the pra" twas:.ineonsistent.with" clear and essential: policies of`the=land use element -of the;draft general plan°,.. "thi pounty's finding of s stency was not. -supported by substantial,:evidenc°e. ®f f asfi?- C'� of S'aa�. D'ieg , (1997). 5-5, Cal.App .4th;:1098 In 1994,1V1r.. and.lVrs..Hoffinaster, as class.repre sentatives :for the.:homeless of the city, sued--S-a- a. dego asserting that its„general.planhousir g element4idnot identify adequate sites for:homeIess emergencyshel= ters.and.transiti:on4 housing:;as.re:quiredby Govern- ment:,Co de.. § 6 55 0 (c)(r), and: that; the. element: fiad not been revised in.-.- a °timely- rrianner. The.tricourtfound=°that='the city, failed to -adopt a housing element meeting,the :statutory requirements of Government- Code §65T58s(b)(3)-and"ordered the city. to adopt an adequate elementwithin;120 days. The city adopted a�, revise.d element- in:: March: of 19.95; `which prornptedthe filing o£4 subsequent amended,complaint that the, revised element was; again -not adequate.. The trial: court.agam foundtthatahe- city' had not identified adequate.:emergency, shelters. or transitional housing. Finding again. forthe-plantiffs; the_ court ordered: the Appendix ;B; Court and Attorney General Opinions empowered to., reverse that action, particularly since reversal did not conflict -with the general plan and main- tained the status quo. The court held that the restric- tion on denying a ""development. project" under Govemment.Code §65589.5 does not apply to: :legisla- five projects. City of Santa.Ctqzv.i:Superl®r° Court of Santa Cruz County ( ombay''Corp.) (1995) 40 Cal.App.4th' 1146 The City of Santa Cruz adopted a new general plan after numerous public hearings: The plan included an area identified as a greenbelt that was <to be restricted to open -space uses. During --.---deliberations on the .plan, Bombay Corp. had unsuccessfully° requested that the city exclude its propertyfrom the greenbelt. Bombay sued to overturn -the city's general plan adoption, charg- mg that cityyofficials had failed to proceed as,r.equired bylaw because they had allegedlpredeeinednotym to allow_ development of the greenbelt, regardless: of the evidence :presented to. them. The trial court ordered depositions from city. officials seeking to define their motives in ignoring Bombay's request. The Court ofAppeahreversed, 'holding that judi- cial inquiry into the motives of officials is prohib- ted by the separation of powers doctrine absent city to revi-se.its. housing,element and ord'ered`itao: ap , prove all use permats for emergency shelters and”trap some.evidence of illega.activity. The city s decision ailinrn��. �r,n'ennrr:ntn+� n`nmv�ia'nna tzrae was upheld: The Coaxt ofAppealaalso found:that therev"sed el= ement-hdil, d to.-"sub.stanti;ally comply" with housing Alameda Count' Landh Ilse 4ssociation v° City of element law (Government. Codere: Hayward (1995).38 Cal.App:4th 1716 quiring, agencies: to iden.ti£y adequate site- &kdesi'gned= Alameda County, and: the cities of Hayward and to facilitate lie development of emergencyshelters - Pleasanton entered into.a=Memorandum of Understand and transitional housing. The. Court' of App:eal.. di ing (MOU) pledging to useaheir "best efforts" to adopt rectedthe tryial::court-,ftaylf6r 6.O; days,its.orderthat°; common open-space—.—,..,designations for the 13;100 -acre the. city approve all use :p.erm t app;l'ic.ations,.for emer= Ridgelands Area;>whi-c lay, in part, in each of their gency shelters and.transitionali housing unt =l corn jurisdictions :The,1VIOU=prohibited_any change in these pliance was .reached, ,grvmg; the city ad'diti, trme general plan- designations, without the approval- of all to adopt an;element>con.srstent with statutory require::- three -entities. _Thc.Alameda County Land Use Asso- ments.ciation:sued. alleging that the MOUinvalidly-restrained the. cities an& the, county from acting: independently, C`ndis S'ecurties Coo.ve City of Dana Port even when an.amendmentwould bean the public.inter- (1997).52 Cal:App 4th 475' est. The jurisdiction's countered that these: claims were The Dana Point City Council approved. Chandis'`. not ;ripe.. fors review and the; trial court dismissed the general plan: amendment and: specific plan for 4—`b, 6f5.,; case on those ,ground's.; and370 umt residential development on the Hdadlands The Court' of Appeal; reveraed..Th ' court found that Petitions were filed forcing a successful°voter referee ,. the MOU unpaired he Ju, ,i tions'` future exercise of dum: against the prolect.and, as a result,. the council; -'s the�r.'exclusve..power to: amendtttheir-respective ,gen- actionwas reversed: eral.' I s. This..would have -effectively provided each The court heldthat; although the` city council acted Juris,dicuon,with veto=power-over outsides jurisdictions' reasonably- to approve:: -the proJect..the electorate :is, future'general plan.amendments:. General Plan Guide,ines 235 Appendix B: Court and Attorney General Opinions San Mateo County Coastal Landowners Association v. County of San Mateo (1995) 38 Cal.App.4th 523 In 1986, San Mateo County voters approved initia- tive Measure A amending the county's Local Coastal Program (LCP). The initiative, with minor exceptions, did not amend the substance of the LCP, but rather identified a number of LCP land use policies and pro- vided that those policies could only be amended by voter approval. These amendments were subsequently certified by the Coastal Commission. The Coastal Land- owners Association sued, alleging, among other things, that Measure A dealt with a matter of statewide con- cern that could not be addressed by local initiative and that it conflicted with the Coastal Act by circumvent- ing the statutory requirements for public hearings, par- ticipation, and involvement by the Coastal Commission otherwise applicable to LCP amendments. The trial court held for the county. The Court of Appeal affirmed the trial court's deci- sion. Under Yost v Thomas (1984) 36 Ca0d 561 and the Coastal Act, local governments have broad discre- tion to determine the content of the land use plan por- tion of their LCP. Accordingly, Measure A was not preempted by the Coastal Act. In addition, DeVita u County of Napa (1995) 9 Cal. 4th 763 supported amend- ment of the county general plan, of which the land use plan was a part, by initiative. Based on De Vita, the court opined that none of the procedural requirements of the Coastal Act can limit proper exercise of the initiative power. The county's coastal protection initiative did not conflict with and was not preempted by the Cali- fornia Coastal Act. Hernandez v. City of Encinitas (1994) 28 Cal.App.4th 1048 Low-income and homeless residents brought suit against the city, claiming that, among other things, in quantifying its housing needs and goals for low- income residents the city had not used "regional fair share" data in identifying adequate housing oppor- tunities for low-income and homeless people. The court reviewed the general plan based upon the well-established standard for determining the adequacy of a general plan: the plan must be in "sub- stantial compliance" with the law and the review cannot be based upon the "merits" of the plan. The court upheld the city's land use and housing elements, finding actual compliance with the law and describing many of the arguments as being based on the "merits" of the general plan and thus beyond the scope of the review. 236 General Plan Guidelines Marblehead v City of San Clemente (1991) 226 Cal.App.3d 1504 In 1988, San Clemente voters approved Measure E, which established traffic levels of service intended to serve as standards by which future general plan amend- ments, specific plans, rezonings, and other land use decisions were to be judged. Measure E purported it- self to be a general plan amendment and directed the city to revise its zoning ordinance accordingly. Marblehead sued. The Court of Appeal concluded, after examining Measure E, that the initiative was not a general plan amendment but rather a resolution by voters that the general plan and zoning should be amended to reflect the Measure's principles. Although the electorate is empowered to enact legislation such as a general plan amendment or rezoning, the initiative power does not enable voters to direct the city council to amend the plan or effectuate a rezoning. No Oil, Inc. v City of Los Angeles (1988) 196 Cal.App.3d 223 Occidental Petroleum (Occidental) filed applications with the City of Los Angeles to establish three oil drill- ing districts and a drill site in Pacific Palisades. The proposed drilling zones were designated for open -space use in the city's Brentwood -Pacific Palisades district plan. The city planning commission considered the applications and project EIR and denied the rezonings. Occidental appealed to the city council, which reversed the commission's decision. When the ordinances were referred back to the planning commission, the com- mission denied them again and Occidental made an- other appeal to the council, which granted final approval. No Oil, an association of area landowners, filed suit. The trial court held for No Oil and this appeal ensued. No Oil cross -appealed, contending, in part, that the drilling ordinances were inconsistent with the city's district plan and with the open -space and conservation elements of its general plan. Their argument rested on two main points: that oil drilling is an exclusively in- dustrial use and that the project site's open -space des- ignation precludes industrial uses. The Court of Appeal reversed and held that under the provisions of the city's plans and Government Code §65560, "open -space land" may include open space used for "the managed production of resources" in ar- eas containing major mineral deposits. Since oil recov- ery is managed production of a natural resource, the project could reasonably be found consistent with the policies of the general and district plans. With regard to. zoning, the c -.i (R not actin an,: arb trary,manner or reach.'a conclusionthatc,ould not:reasonablybe made given the evidence before it. -The ---,c ?_&�.zoningy,,, scheme didnothmit=:oil.dr lhng.,,.exclusively:to iind" ft al'zones It. was :apparent that drilling and pr6ducti6w.could be approued,in.anyzoue upon<approvaLof a supplemental: use district:., ITnder this tnterpretationa of Government Code §655,.6:0(b);k open -space .uses°- could be: construed to'=in cludelsuchresource.reco ery.operations.; as oil:.produc tion facilit 'es.::In .light: of ahis;. it: behoovm local governments to specifyahe types< of. open space, land being designated:in theYr open -space= elements (e.g,,I is it open. space for: the :preservation of naturalresources; for the<-managed:production :of.'resources foi, qutd6or recreation,. or for;publeheal'tl and safety):. . Las lagers=dome®.wae�s`ede�atzon;Ineo v C®un oflosAngeles: (7986)--177 ClA 34300 Los;Angeles. County`approved-a:?pro�ect`proposing 1:,192:"°dwellnig_unts,., one-mi=lhony square feet`of light indu trial,spa , e and: vanaus public: uses on 516. rural acres : -.,I mtha' Santa Monica Mountains Tlie, hasr Virgenes _Home:owners Pederation,(Hoi efi hers) filed suit`againstthe:county ,appendix B: Court and Attorney General Opinions Elysian Heights Resldents.A'ssoclatlon wCity of -Los Angeles (1986)1.82 Cci App 3d 21 Morton., Associates (Morton) intended to con- struct a 46=uriit.apartment complex _as ,allowed by ex- fisting cityzoning. Morton obtained the necessary city permits, demolished existing structures; and began site preparation. The Elysian Heights: Residents As-. sociation (Elysian) attempted to halt construction;by appealing lie issuance of the.: building permit. They claimed that' -the projectdensity exceeded the twelve= unit per acre` maximuni'prescribed by the 'city's°`Silver Lake=Echo Park district plan and; by,inference, the city general plan. While Elysian's administrative' appeals..`were in progress, as.a result ,of an unrelated Lawsuit the ::Supe rior. Court-ordered the city to brin.'.its zoning into consistency with its general, plan.. T demonstrate its, good faith; the city enacted an ordmance.prohib- iting further :.issuance , of permits 'for , p' Pi . ets that were inconipatible.with;the general"plan This' ordi- nance exempted previously.:ssued' permits such .as Morton's. Elysian filed; suit.: against the city claiming ,that the,building perm tJssue&,by'the city was inconsis- and the developer; alleg-mg, among other, thugs, that tent with, the district and citywide :plans. The. trial the.'af, u/Santa Monica- M:ountains_.Area_ d_Elysian Plan court dismisse's case, ruling: that Moraon l (1VI-was inconsstentwitfi�the^countyplan and' had: a vested.;right to proceed. Elysian appealed. that, the project was mc�onsistent with both plans.. The The; California'Appeal Court affir`rned. It opined triak court held for the. county and the. developer: that: "neither the: language,. of [Government Code] , Homeownersappealed: S:e:c.ti�on. 6`5:4860 nor the statutory, scheme in''general The Court of Appeal affirrned;the lowerc.ourt de.ci-- mandates that building permits be. scrutinizedfor sion and found.;tl e foll'`owmg L: os Angeles" County's plan consistencyi:.[H]ad' the,legi§lature intended to plan consists4,of general�elernents that set; countywide fashion such a requirement; it clearly had the power to policy and,community plans; that, deal with. local is- do so." In'dismiss. ng Elysian'& °central argument= sues: The M'°SMMAP's,-purpose. J.&: identify peck that case, law had establ slied:a link between the gen- Land, uses; determine actual boundanes.'between: land er-al plan: and a11= land=.use decisions—the court held use. eategories,..and establish;;specini-c residential. den= that Neaghb:orh' d, A;ctaon* Group v County of sity ranges:: within the parameters;, established by the: Calaveras _(1984) 156 Cal.App.3d 1176 was distin- countywide goals and;polices. Although a 35=acre guishable`from:ths, case because it was based upon portion of the project was not literally consistentwith a -n alleged inadequacy of the. Calaveras County gen- the densities- shown.onthe;county'splannin- g maps, the eral plan. Elysian had not claimed that the city gen- court held that the .project was consistent,when the maps eral plan was inadequate. were. read with the, text of the MSMMAP. Since the: Furthermore, there:.,was no. local requirement for general plan: map,:_ d -id not apply at small reale, the consistency between the plan.and bulding:permts The MSMMAP was the pertinentland use policy document ordinance in effect at the tune Morton's-: permit was andthere. was no.inconsistencybetweenthecouintywid'e issued'required°-only consistencylbetween the zoning plan:and the. MSMMAP'As a:result;=the courtlield that ` and the, use.. The city's: interim =ordinance, which ,re- projectdensity did not>exceedthe ouerall;ceihn°g settby quired! consistencywith the pl`an,;was.not applicable in the. MSMMAP =&was,consistent:, with both the, the: case because it took effect after; Morton had ob- MSMMAPan& -' e county general plan. tained'p.ermits. General Plan Guidelines 237 Appendix B: Court and Attorney General Opinions Buena Vista Garden Apartments Association v City of San Diego Planning Department (1985) 175 Cal.App.3d 289 The 56 -acre Buena Vista Gardens Apartments com- plex represented approximately 34 percent of the avail- able rental housing in the San Diego community of Clairemont Mesa. At the request of the developers, the city council conditionally approved a planned residential development permit allowing demolition of 1,023 apart- ments and their replacement with 2,287 condominiums over a ten-year period. The Buena Vista Gardens Apart- ments Association and others (together Association) brought suit. The Association claimed that San Diego lacked the authority to approve the development permit because portions of the city's housing element failed to comply with the requirements of the Government Code. San Diego countered Association's challenges to its housing element by maintaining that the standard of review for a housing element was found in Bownds v City of Glendale (1980) 113 Cal.App.3d 875 ("Absent a complete failure or at least substantial failure on the part of a local governmental agency to adopt a plan which approximates the Legislature's expressed de- sires, the courts are ill-equipped to determine whether the language used in a local plan is `adequate' to achieve the broad general goals of the Legislature."). Further, the city claimed that the housing element require- ments interfered with San Diego's charter city status. In the city's view, the statute wrongfully required San Di- ego to use its legislative and administrative authority to accomplish the state's housing goal. The trial court de- cided in favor of the city and Association appealed. The California Court ofAppeal affirmed in part and reversed in part, holding as follows. San Diego's hous- ing element lacked necessary programs for conserving existing affordable housing opportunities and, there- fore, did not substantially comply with Government Code §65583(c)(4). The court granted a writ directing the lower court to refuse approval of the development permit until the housing element was brought into com- pliance. The court rejected use of Bownds, noting that "the Bownds decision no longer accurately reflects the state of the legislatively mandated housing element nor its standard of review. The standard of review is not limited to whether there is a `complete' or `substan- tial' failure of a city to adopt a plan which `approxi- mates the Legislature's expressed desires' (Bownds v City of Glendale, supra) but whether there is `actual compliance' (Camp v. Board of Supervisors, 123 Cal.App.3d 334, 348) with specified requirements. Bownds retains validity to the extent it prohibits a court from examining the `merits' of an element." 238 General Plan Guidelines The court observed that both the Legislature and the judiciary have found housing to be a matter of state- wide concern. As a result, "if a matter is of state-wide concern, then charter cities [such as San Diego] must yield to the applicable general state laws regardless of the provisions of its [sic] charter." deBottari v City Council of Norco (1985) 171 Cal.App.3d 1204 The Norco City Council approved a general plan amendment that redesignated a parcel of land from resi- dential/agricultural (up to two units per acre) to resi- dential -low density (three to four units per acre). The council also rezoned the site accordingly. Louis deBottari circulated referendum petitions chal- lenging the zone change ordinances. After the Norco city clerk certified the correctness of the petitions, they were presented to the Norco City Council pursuant to California Elections Code §4055, which requires the council to either repeal the rezoning ordinances or call a referendum. The council refused to do either, con- tending that a repeal of the ordinances would result in zoning that was inconsistent with the city's general plan. deBottari then sought a writ of mandate to compel the council to act. The trial court denied the writ and deBottari appealed. The California Court ofAppeal affirmed. Normally, Norco's city council would have been required by the Election Code to act on the referendum. Additionally, court review of a challenged referendum is usually more appropriate after the election than before. How- ever, two exceptions exist to this general rule. First, a court will intervene before an election if the voters are not empowered to adopt the disputed proposal. The court noted, for example, that election officials have been required to withhold initiative and referendum proposals from the ballot when such measures were not legislative in nature. Secondly, pre-election review would be warranted if the substantive provisions of a ballot measure were legally invalid. The court agreed with the city that a repeal of the challenged ordinances would have violated Government Code §65860, mak- ing the city's zoning ordinance inconsistent with its gen- eral plan. Concerned Citizens of Calaveras County v. Board of Supervisors of Calaveras County (1985) 166 Cal.App.3d 90 In 1982, the Calaveras County Board of Supervi- sors adopted a new general plan. Subsequently, Con- cerned Citizens of Calaveras County (Citizens) filed suit, alleging that the general plan was inadequate be - Appendix B: Court and Attorney General Opinions cause' the. circut om and. the im& use elements. were. ronmenta;t-impact: report. (EIR). The =Neighborhood internally inconsistent ands. insufficiently1 correlated; Action Group (NAG), ` an association of neighbors sohd;andshquld=waste disposal facie"hies-were.not des= appealedthe matter to the Board of Supervisors which gnated, andathe plan omitted population-d6iisity°=stan- subsequently upheld the. commission's decision. NAG dards, tlixee areas, of `the:.county:: fled suit, claiming- that the CUP was invalid because The trial: ;court"concluded;` that: the circulation- ele= the°: coun.ty's general -.plan did:riot comply with state ment.was adequate and= creast fox"waste.: disposal. did. sta ute:; and;the CUP did not conform to the current notne,ed to ,be designated<m the general planuntil they generah;;;plan. The `trial` court ruled for the county and were..ldentied by the county:. However, the'land use. NAG`, appealed. el`ement's omission of population ;density, standards ' The_ Court-ofAppealreversed. Upon reviewing rel- r-endered rt; legally;lnadequate Citizens appealed. evant law, the courtheldthat'altlough there is no ex - The Court ofAppeal reversedtho triocourt.on,tlie plicit requirement that .a CUP:, be consistent with .,an adequacy of the circulation. element SeetiQn= 65300.5 adequate; general plan, it's valldltyls derived -front Cont- ofthe C7.ouernrnent Cad`.e': requires,ahat. a :general plan pliancewith the hierarchy of planning-laws=a CUP is and its elements -comprise anintegrated;ririternal`iycon- governed by zoning; which in;turn must comply with slstent, an .com.patible statement: of policies.,. Se.ctlon the: adopted general plan; which m.aurn-must conform 65302(b) requires, that. as general plan contain a cireu=, to: state =law. According -to the:.court; a general -plan that, 77 lation element that addresses°transportation u'frastruc:- fails to provide the required. statutory criteria,releuant ture and that is correlated with the; and'use, element; to the use being sought, will not.provide-a valid =mea- The court found that. one.p,ortion of tlie: element. nidi-- sure by>;which a CIDP can be evaluated. The court also sated that -county. roads:rwere ° suffcient- to - ae:commo:- found.tl e county noise: element lacking. 'The EI -R pre-, date the projected. traffics while. another': descxibed'.a . pared -for the CUP ;could°not adequately assess the;po- worsening araffic sltuationt.aggravated, by continued tent-ial;;nO.ise impacts of the project mithout the noise subdiv sion:.activity and development In areas. with in= standards4hat should have been provided by,. -the: noise adequate.,roads� The court concluded that the: crcuta= elements tion element; was=internally inconsistent:. = : . ®n -the, issue of correlation ;between the:larid use �'walhWarte IlomeownersAssocaationa Inco °w an& the cir:.culation ele""mems, thee'court interpreted Countyo(T0 mne (1982) '138 Cal:App. 34.664 §;65302(b) to mean, than the.:.circulatlon: element must The: Tuolumne CountyBoard ofSitpervisors;,certi- describe, discuss°; and set forth standards:'and -propos-, fed an Elly=fora i new general plan. At the' same .hear General`Rlan Guidelines 239 Appendix B: Court and Attorney General Opinions these changes, without further analysis in the EIR, con- stituted an abuse of the county's authority. Regarding the general plan, the court found that the housing element was adequate but not the land use and circulation elements. The land use element failed to include standards of population density and building intensity as required by Government Code §65302(a). The court reasoned that population density refers to numbers of people in a given area and not to dwelling units per acre, unless the basis for correlation between the measure of dwelling units per acre and numbers of people is set forth in the plan. Tuolumne County's plan contained no such correlation. Further, the plan con- tained no standards for building intensity for the non- residential areas of the county. In addition, the court could not discover whether in fact the circulation ele- ment was correlated with the land use element as re- quired by Government Code §65302(b), and so concluded that it was not. Sierra Club v. Board of Supervisors of Kern County (1981) 126 Cal.App.3d 698 The Kern County Board of Supervisors approved a zoning change from agricultural to residential use on property owned by the Ming Center Investment Com- pany. At the time of the zoning approval, the residen- tial zoning was consistent with the land use element of the general plan but inconsistent with the open -space/ conservation element. Anticipating possible conflicts between elements of the general plan, the board adopted a statement as part of the land use element that its policies would take precedence over those of the adopted open-space/conservation element where conflicts existed. The Sierra Club filed suit to set aside the zoning approval, arguing that the zoning change was invalid on several grounds, including inconsistencies between the land use and open-space/conservation elements. After the trial court ruled against the Sierra Club, the county adopted the Rosedale Community Plan, which eliminated the inconsistency between elements. The California Court of Appeal ruled in part for the Sierra Club, holding that the general plan, at the time the zoning ordinance amendment for Ming Center was adopted, was internally inconsistent. Accordingly, the zoning ordinance amendment was invalid when passed. The use of a precedence clause subordinating the open - space element to another element violated the general plan internal consistency requirement, as well as spe- cific requirements of the Open -Space Lands Act. How- ever, the issue of internal consistency was moot as applied to the Ming Center zoning because adoption 240 General Plan Guidelines of the Rosedale Community Plan had eliminated the problem. Since the zoning was consistent with the com- munity plan and the general plan was now internally consistent, no purpose would be served by setting aside the zoning ordinance and requiring the board of super- visors to rezone the property. Camp v County of Mendocino (1981) 123 Cal.App.3d 334 The Mendocino County Board of Supervisors adopted its general plan as a collection of elements over the period between 1967 and 1977. In 1978 the county approved several tentative subdivision maps, including two for projects known as Eden Valley Ranch and Waunita Meadows. Walter Camp filed a writ of mandate to set aside the tentative map approval for Waunita Meadows. Other local residents and the State Attorney General filed additional writs to overturn the board's approval of the Eden Valley Ranch map. In each suit, the plaintiffs alleged that the general plan was inadequate and, as a result, tentative subdivision maps could not be approved. The plaintiffs sought several remedies, including a declaratory order that the general plan was legally in- adequate, an order compelling the county to set aside the Waunita Meadows and the Eden Valley Ranch ap- provals, an order requiring the county to adopt an ad- equate general plan, and an injunction against future subdivision activity until an adequate plan was pre- pared. The county challenged the authority of the court to examine the plan for its adequacy, alleging that this constituted an impermissible inquiry into the merits of the plan. The Court of Appeal combined the three cases and ruled for the plaintiffs. Courts have the authority to review a general plan for substantial compliance with the requirements of the Government Code. The land use element failed to comply with the requirements of Government Code §65302(a) because it did not iden- tify population and building density standards. In ad- dition, the circulation element was legally deficient because it was not correlated with the land use ele- ment. The housing element was inadequate because it did not include standards and plans for improving hous- ing and for the provision of adequate sites for housing. It also lacked adequate provisions for the housing needs of all economic segments of the community and a com- prehensive problem -solving strategy. The noise element was inadequate because it contained no noise expo- sure information and the county failed to monitor ar- eas deemed noise sensitive. The county's argument that the existing element was adequate for a quiet rural Genera[-NmGuidelines 241 Appendix B: Court and Attorney General Opinions county did not persuade the--,,, court since the. statutory- ered to three percalendaryear [now four]. The court requirement is neither4subiect ve "nor geographical._ opined,that there is no limit on the number of parcels Prohibiting; the processing, of zoning changes and that can be considered on each of those occasions. certificates --,-'of compliance: was : an appropriate court remedy where:the,,county failed to adopt an adequate- Friends of B Street v City of'Hayward (1980) 106 general plan H`owever;.; the, county could not be en= Cal.App.3d 988_ j,omed°,from approving^ final: reaps' ;that were: in sub;=" The -City of Hayward approved, a city project. to stantE- cot IplYancewLth>a.tentative=apapprovedpnor widen B Street and construct a bridge, The project would=have-removed existing residences and busi - nahnmto.the:inunction:and`notsubjeet:to,courtclallenge(ap- afi provar°of .ap is ministerial under Youngblood nesses, as well as 153 mature trees The citizens' group u Board of S cperasors: (1978) 22 Cal.3d 644).-,. Friends of B Street filed"suit; seeking to set aside the decision to improve B ;Street.The group also sought Karlson.vo-CCamarillo%(1980) 100 an injunction on the grounds that the public works Cal:App.3d 789 project was inconsistent with the: city's general plan Cam, aril its. land,,.use,element in: October and that the city's general plan.lacked a noise element. Of 1977,: changing a 132: acre parcel* from agricultural: The, Court of Appeal ruled,;for Friends of B Street, to low=density residential: Two months later; the city holding that in requiring cities and counties to prepare amended its.land``use 'element for a 10 -acre parcel, general`plails, it must have been the` .,Legislature's' in- changing,it;from' agricultural; to commercial use. This tent that all local decisions involving future growth, parcel .was adjoined by agriculturallandonthree-sides'. including decisions bya city to undertake public works which wowld rein agr cultural..Anamendm- ent fora projectS,'be consistent with the general plan. An in- thirdparcehwas considered;,but.,rejected by the: coup- junction against a public works project is an appropri- cil. ate remedy until the local government adopts a complete 1VIr. K-arlson sued,. all6g.mg, that. the city failed to and adequate general plan. Any appropriate legal or comply with. the internal:. consistency requirement. in equitable remedy, ;including an injunction or writ of Government: Code§65300 Stbecause the two amend= ,ments, mandate, is available as relief for the failure of a gen- wereaconsistent'with;generalplan pol cies.on eral plan to contain a mandatory element. leapfrog development and conversion of agricultural lands; violated- the-fonner §-;6-5361, (n.ow §65355)-. by Save El Toto Association v Days (1977) 74 exceeding tl e: allowabl!6 number ofyearlygeneral plan. Cal.App:3d 64 amendmentsand---Vi 'I" ed § 6535r6 by failing to; return: The City of Morgan Hill adopted its open -space e1- t5e set of =general plarr. amendments. to�-the planning ement in 1973.`Later.thatyear it adopted a policy stat - commission for recommendation:- after revising the ing that all lands on El -Toro Mountain above the commission's recommendations. 800 -foot elevation would,.remain in permanent open The Court of Appea- ruled for ths, city,: holding.- that space. In 1976; the city approved final subdivision a- general plan. amendment; Appendix B: Court and Attorney General Opinions quired, the plan lacked five. As the city did not have a general plan, it could not have adopted an open -space element as part of that plan. Further, without an inven- tory of available open -space resources, there could not be a plan as contemplated in the Open -Space Lands Act. Instead, only isolated, uncoordinated projects would oc- cur—the type of development the Act specifically intended to prevent. Morgan Hill had also failed to adopt the open - space zoning ordinance required by the Act. In light of the above, the court concluded, the city could not take any action to acquire or regulate open -space land or to approve a subdivision map. STATE ATTORNEY GENERAL OPINIONS 82 Ops. CaLAtty. Gen. 135 (1999) Subject: General plan applicability to school district Question: May a school district construct an elemen- tary school on land designated for "agricultural, open space, or rural land use" under a county ordinance that was adopted by the electorate as an initiative measure amending the county's general plan? Conclusion: A school district may construct an el- ementary school on land designated for "agricultural, open space, or rural land use" under a county ordinance that was adopted by the electorate as an initiative mea- sure amending the county's general plan, provided the governing board of the school district, by vote of two- thirds of its members, renders the ordinance inappli- cable to the proposed use of the property and such action is not arbitrary and capricious. 81 Ops. CaLAtty. Gen. 5 7 (1998) Subject: Combined general plan and zoning land use designations Question: May a county adopt a single set of land use designations to serve both the general plan and zoning ordinance? If that is done, may it then repeal its zoning ordinances and replace them with a single ordi- nance that requires all land use activity to conform to the general plan? Conclusion: Yes to both questions. The Califor- nia Codes provide sufficient flexibility to allow a general'plan to be parcel -specific and to address is- sues of local importance, such as zoning. Similarly, the Codes allow flexibility in zoning schemes, so a county may repeal its zoning ordinances and replace them with a single ordinance that requires all land use activity in the county to conform to its general plan, including the incorporated zoning ordinances. The opinion points out possible pitfalls of a combined gen- eral plan/zoning approach, such as loss of long-term 242 General Plan Guidelines perspective. 78 Ops. Ca1.Atty. Gen. 327 (1995) Subject: Posting of Public Hearing Agenda Question: Are weekend hours counted as part of the 72 -hour period for posting an agenda prior to the regu- lar meeting of a local agency? Does posting within a public building that is locked during evening hours count toward the 72 -hour posting? Conclusion: The Ralph M. Brown Open Meeting Act (Government Code 54950, et seq.) requires that the agenda of a regular public meeting of a local agency be posted 72 hours in advance of that meeting. Week- end hours do count as part of the notice period. How- ever, posting within a building that is inaccessible for a portion of the 72 -hour period does not meet the require- ments of the Brown Act. The notice must be posted in a location where it may be read by the public at any time during the 72 hours prior to the meeting. 75 Ops. CaLAtty. Gen 89 (1992) Subject: Public Testimony at Public Hearings Question: May the legislative body of a public agency limit public testimony on particular issues at its meetings to five minutes or less for each speaker, depending upon the number of speakers? Conclusion: Yes, it may, depending upon the cir- cumstances, such as the number of speakers. 70 Ops. CaLAtty. Gen. 231 (1987) Subject: Determination of a locality's share of re- gional housing needs by a council of governments Question: (1) Must the determination include both the existing and projected housing needs of the local- ity? (2) Must the availability of suitable housing sites be considered based upon the existing zoning ordinances and land use restrictions of the locality or based upon the potential for increased residential development un- der alternative zoning ordinances and land use restric- tions? (3) Must the income categories of sections 6910-6932 of title 25 of the California Administrative Code be used? Conclusion: (1) The determination of a locality's share of the regional housing needs by a council of gov- ernments must include both the existing and projected housing needs of the locality. (2) The availability of suitable housing sites must be considered based not only upon the existing zoning ordinances and land use re- strictions of the locality but also based upon the poten- tial for increased residential development under alternative zoning ordinances and land use restrictions. Appendix B: Court and Attorney_ General Opinions (3.) Tl e.mcome°categor es of ections 6910=6932 of title relations. 25 ofil e. Califom a Admmistr-ative: Code.must.be used. Various commentators have concluded that the pur pose of the general plan is to provide general .guidance 67 Opso,Cal'Ato Gena 75 (h984) for land use decision-making, A specific mapping of Subject: City and=:;County GbnerahPlan Diagrams land uses should not be necessary for this purpose if Question:° Is. aparcel-specific map required for the the plan's policies are detailed in 'reflecting commu- land us_e element of a generalplan adopted by_ a city, •or nity objectives for the spatial relationships among land county;, as described m GovernTnent Code. §653.02? uses. Use of a parcel-specific map can hinder the mak- Conclusion Aparcel=specific map is not required. ng of logical connections between various land use The- I egislatuire used .the word "'diagram" in §65302 decisions and the community's goals. and objectives;as rather:than "map."` alien the legislature recodified thepresented in the plan text. This may lead to over reli- statutory requirements for.general plans in.1.965 `it-sub- ante upon a precise map in place of the, plan as an stitutedtlie.word ".diagram"'for the:term "map;" which integrated whole. had been used:: previously. When<the Legislature_ has This does not mean, however, that the owner of a used,thaAerm "map," it liar r..equired_preciseness exact specific parcel of land may, not be able to . determine location, and; detailed boundaries (for -example a sub- the range of possible uses of his or her property. Al- division map): A diagram; on;thcother hand; is defined though the diagram locations _are. general, the plan's in Webster s as "a graphic design that explains rather policies should be detailed enough when applied to a than represents: a drawing that shows arrangement and particular parcel to identify the possible uses. . APPENDIX C Guidelines for the Preparation and Content of the Noise Element of the General Plan The noise element of the general plan provides a basis for comprehensive local programs to control and abate environmental noise and to protect citizens from excessive exposure. The fundamental goals of the noise element are: ♦ To provide sufficient information concerning the community noise environment so that noise may be effectively considered in the land use planning process. In so doing, the necessary groundwork will have been developed so that a community noise ordinance may be utilized to resolve noise com- plaints. ♦ To develop strategies for abating excessive noise exposure through cost-effective mitigating mea- sures in combination with zoning, as appropriate, to avoid incompatible land uses. ♦ To protect those existing regions of the planning area whose noise environments are deemed accept- able and also those locations throughout the com- munity deemed "noise sensitive." ♦ To utilize the definition of the community noise environment in the form of CNEL or Ldn noise con- tours as provided in the noise element for local com- pliance with the State Noise Insulation Standards. These standards require specified levels of outdoor to indoor noise reduction for new multifamily resi- dential constructions in areas where the outdoor noise exposure exceeds CNEL (or Ldn) 60 dB. The 1976 edition of the Noise Element Guidelines, prepared by the California Department of Health Ser- vices (DHS), was a result of SB 860 (Beilenson, 1975), which became effective January 1, 1976. SB 860, among other things, revised and clarified the require- ments for the noise element of each city and county general plan and gave DHS the authority to issue guide- lines for compliance thereto. Compliance with the 1976 version of these guidelines was mandated only for those noise elements that were not submitted to the Office of Planning and Research by the effective date of SB 860 and to subsequent revisions of previously submitted noise elements. 244 General Plan Guidelines A comparison between the 1976 Noise Element Guidelines and this revised edition will not reveal sub- stantial changes. The basic methodology advanced by that previous edition remains topical. Where necessary, code references have been updated and the text revised to reflect statutory changes. DEFINITIONS Decibel, dB: A unit of measurement describing the amplitude of sound, equal to 20 times the loga- rithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter). A -Weighted Level: The sound level in decibels as measured on a sound level meter using the A - weighting filter network. The A -weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear and gives good correla- tion with subjective reactions to noise. L10: The A -weighted sound level that is exceeded ten percent of the sample time. Similarly, L50, L90, etc. Leq: Equivalent energy level. The sound level corre- sponding to a steady-state sound level containing the same total energy as a time -varying signal over a given sample period. Leq is typically computed over 1-, 8-, and 24-hour sample periods. CNEL: Community Noise Equivalent Level. The av- erage equivalent A -weighted sound level during a 24-hour day, obtained after addition of five deci- bels to sound levels in the evening from 7 p.m. to 10 p.m. and after addition of 10 decibels to sound levels in the night from 10 p.m. to 7 a.m. Ldn: Day -Night Average Level. The average equivalent A -weighted sound level during a 24-hour day, ob- tained after the addition of 10 decibels to sound lev- els in the night after 10 p.m. and before 7 a.m. (Note: CNEL and Ldn represent daily levels of noise ex- posure averaged on an annual or daily basis, while Leq represents the equivalent energy noise expo- sure for a shorter time period, typically one hour.) 1\Toi C.onto;urs, Lines:, drawn.about anise source,in- dicating-'equal. levels, of noise:. exposure. CNEL and, Ldn are. the., metrics utilized'herein to describe annoyance due, to -noise an&to_ establish land 'use planning, 0,riteria. for° noise: Am.h ent 1 oise The composite of noise from all sources.ire'ar and far. In thi:saeontext :the ambient noise: Levelconstitutes_the:nonrnal.orexisting level of environmentd,nois'e,, at.a given=location: Intrusive Noise: That noise which.' intrudes over and above _the. existing. ambient noise at a given loca- tion. T.he,;relative intrusiveness=of:a sound depends upon.its amplitude; duration, frequency, and time of occurrence, and=tonat or. informational .content as well"a', e prevailing noise level:. Noisiness. Zones: Defined: areas within- a community wherein the ambient noise. levels are generally similar,, (within` a range: of S dB; for example). Typically, all other things;bein.g equal,.sites within any given -noise zone: wilt be of comparable prox- i pity- to -major noise sources:. N.oi`se-contours de- fine..dffereut noisiness: zones:, NOISE ELEMENT RE UI;R MENTS..; Government Code-S-betion.,653®2( e.A noise ele- ment shall'identify and�appraise noise problems in the community: The noise element.. shall" -`recognize the guidelines .establishedliy-the: Office of Noise Control in -the:, State' -Department of Health, Services and shall Appendix C:.. Noise Element Guidelines analyze and quantify, to the extent.practicable, as deter- mined by the legislative body, current projected noise levels for all of the following, sources: 1. Highways and freeways.. 2. Primary arterials an&maior local streets. 3. Passenger and freight on-line railroad operations and ground rapid transit systems. 4. Commercial, general aviation, heliport, helistop. and military airport operations,, aircraft over- flights, jet engine test stands, an&all'other ground facilities and maintenance functions related to air- port operation., 5. Local industrial plants, including, but not limited to, railroad classification yards; 6. Other ground stationary sources identified -by local agencies as contributing to the community noise en- vironment. Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day -night -average level (Ldn). The noise contours shall be prepared,on, the basis of noise_moni- toring or following generally accepted noise modeling techniques. for the various sources: identified in para- graphs (1) to (6), inclusive. The noise contours shall be used as a guide for es- tablishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise. 0imli� i50intliflaallandlf : General Plan Guidelines - 245 gl�F 'ii�M3GMl" lH6i1. $3�"g. y{��t�pp�}y } 0imli� i50intliflaallandlf : General Plan Guidelines - 245 Appendix C: Noise Element Guidelines NOISE ELEMENT I SUPPORTING PROGRAMS phase B Phase C Phase D Noise Compalible I l iligaling Measures Enlamemeni Land Use Planning I for Noise Contwl I I 14 1S I I WO Noise Comobint camffooky itis# fifto lni Via I Qrdil sta I Nei%* Ord cep 9 18 I -- - - - -- - -, 16 f-� I Defas 7sb ulak I Lecal Rales WMWON KWdWde Mutedrer of knew Dewlap commmity I Mdar v.ilrla for tiahm Zoo" A9=ftd by Naim Aiallemeit Ifs. Dais and and Load IIS Maim Sewrtss Sirele�� I mar MquireaaeWls EeenP21ihiily rf1K ��rc�:t�ra,� amort I owl !04110 6WWla+ ro*.I I 5004 k'riii 8tw of pwlc huikkrps � t €t'iiE�itr. I ilfe� naafi LoW Naito 8airte�etr Litt-alm d � tori Asmre�fl6S Rrirlioae poet PnIristor In nrftrof Aa"acen Laxwns cur;atgr of countj t erafed' COG*&Abimin I Airport ; ubm in marazo 12 '_ I 18 5tandattfi W Wig taMia Famwift bmi V"WiL V",ks crr 16.I can Ler am a t Sub SoftMrarrleliea L.attd Utes Paler I �dee2 . Ceas�ierntg [}phonal Etdeaaiea to liaise Exi OMM I I I si"Is Fare IV "Will" Figure In NOISE I SUPPORTING ELEMENT I PROGRAMS The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compli- ance with the state's noise insulation standards. NOISE ELEMENT DEVELOPMENT PROCESS The sequential steps for development of a noise el- ement as an integral part of a community's total noise control program are illustrated in the flow diagrams of figures 1 and 1B. The concept presented herein uti- lizes the noise element as the central focus of the community's program and provides the groundwork for all subsequent enforcement efforts. The process may be described in terms of four phases: Phase A: Noise Environment Definition 246 General Plan Guidelines Phase B: Noise -Compatible Land Use Planning Phase C: Noise Mitigation Measures Phase D: Enforcement These phases encompass a total of eighteen defined tasks, the first thirteen of which relate directly to the statutory requirements contained in Government Code §65302(f). The remainder relate to critical supportive programs (noise ordinances, etc.). Citations from §65302(f) are contained within quotation marks. Phase A: Noise Environment Definition The purpose of this phase is to adequately identify and appraise the existing and future noise environment of the community in terms of Community Noise Equivalent Level (CNEL) or Day -Night Average Level (Ldn), noise<contours, for each:maj.or:..nois;e. sourcerand. to. divide the -,°{,city or county intoEnoise zo,es-forsubse: quent, noise ordinance application. , Step l Identify a specific individual, or- the r. the local government to; he responsible, .for .Oaordina- tionof local noise 'cont -r6 ac ivities 1 This individual=or- agency should be -responsible ffir.. coordinating all in tergoverninentatactivities andsubsequentenforcement efforts: Step 2: Review noise.;comp,lai, files. as compiled. by, all. local ,agenc esF,(p;olice, animal. control; health,, air; - port traffic: d'epartrnerit,. etc::), in order. to- assess the following: 1. Locationand:types ofmajor.offendingnoise sources.. 2. Noise -sensitive, areas; and;land uses. 3. Comrnunty. attitude °towards: specifc sources o£' noise po,Iluhon 4 I)egree<of:'sever ty of noise: probllem§:mithe� cornmu pity. 5. Relative;.sgnificance::of Worsen as a pollutant. Step 3` Specifically identify mayor: sources: of community noise: based: upon ;the .review of :complaint fides.. and, interagencydiscus�slon.and the:followmg statutory sub Jects 1. Highway,&and=fieeways.: 2. Primary arterials and:ma� or local.` streets:. 3:. Passeng-Pyznd:frelghtron. lure rallroadoperations,and- ground-rapk transit's e'ms : 4:. Commercial, generalraviation, heliport,helistop,.and, military, airport= operations; aircraft overflights, J:etK engine test stands,. and all' other ground facilities and maintenance functions related�to. airport op= eration< 5. Local: industrial plants;:. including, but not, limited - to , railroad .classification yards.. 6 Other, groundstationary°noise. sources;identfied°,by to£cal: agencies:_ as: contributing- toy the: community noise; environment (-§',6_5,3``02(f)) In addition, the:-land`u es and ar..e.as within: the com= munity that are�noise-s,ensitive. should=be°identified at the same: timer ,appendix C: Noise Element Guidelines Step- 4° Given the identification of major ioise'sources and an indication of the community's attitude toward'noise pollution (whenavailable),:it is advisable to conduct a community noise survey. The 'purposes of the survey are threefold: First and foremost, to define by measurement the current'noise levels at those site's deemed noise sources and to:establish noise :level contours around ahem:. The noise- contours must be expressed in terms of CNEL or Ldn. Second, the collected data will form the, -,basis for an.analysis of noise exposure from major sources. Finally,; the survey should.define the=existing ambi- ent noise:, level throughout the_. community. Intrusive noises over -and above this,general-predetermined am bent level may then be controlled through,implemen- tation of a noise ordinance. Step 5 Given the definition of existing ambient noise lev- e1s throughout the community, one may proceed with a. classification of the community into broad regions of generally: consistent land uses and similar, noise en- vironmentsBecause these regions will be varying dis- tances:frontidentified major noise sources, the relative- levels elativelevels of ;environmental noise will be different from one another.,Therefore, subsequent enforcement efforts and mitigating measures may be oriented.towards main- taining quiet areas and improving noisy ones. Step 6 Directing- attention once,,,: amto. the major noise source °previously identified't is essential to gather operations' a=id activity data; m_ order to proceed with the: analytical noise exposure,=prediction. This data is somewhat source -speci=fic but -;.;,generally, should con- sst of the: following. information and be supplied by the owner/operator. of the source: 1.'Average.da ly level of activity°(trafficvolume, flights per day,: l=ours of operation; etc.) 2 .2Is, i ution of;activity overrday andnight time pe - D" days of the week, acid seasonal variations. 3 ,Average:noise levelemitte,61 . the source at various 1'eve1s :of activity: 4 Prec-se source location -,,,an prxim it y to noise-im- acted lar=d uses:: 5.. Composition of noisesources (percentage of trucks on highway, aircraft fleet xnix, industrial .machin'- erytype,. etc.);. General. Plan Gui'de�line°s 24 Appendix C: Noise Element Guidelines Step 7: In addition to collecting data on the variables af- fecting noise -source emission for the existing case, future values for these parameters need to be assessed. This is best accomplished by correlating the noise ele- ment with other general plan elements (i.e. land use, circulation, housing, etc.) and regional transportation plans and by coordination with other responsible agen- cies (Airport Land Use Commission, Caltrans, etc.). Step 8: Analytical noise exposure modeling techniques may be utilized to develop source -specific noise contours around major noise sources in the community. "The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques..." (§65302(f)) Simplified noise prediction methodologies are avail- able through the Department of Health Services for highway and freeway noise, railroad noise, simple fixed stationary and industrial sites, and general aviation air- craft (with less than twenty percent commercial jet air- craft activity—two engine jet only). Noise contours for larger airport facilities and major industrial sites are sufficiently complex that they must be developed via sophisticated computer techniques available through recognized acoustical consulting firms. (Airport con- tours generally have already been developed in accor- dance with requirements promulgated by Caltrans' Division ofAeronautics: Noise Standards, Title 21, Sec- tion 5000, et seq., California Code of Regulations.) Although considerable effort may go into develop- ing noise contours that, in some instances, utilize rather sophisticated digital programming techniques, the present state of the art is such that their accuracy is usually no better than +/- 3 dB. In fact, the accuracy of the noise exposure prediction decreases with increas- ing distance from the noise source. In the near vicinity of the source, prediction accuracy may be within the range of +/- 1 dB, while at greater distances this may deteriorate to +/- 5 dB or more. At greater distances, me- teorological and topographic effects, typically not totally accounted for in most models, may have significant in- fluence. Thus, while dealing with the concept of noise contours, it is best not to think of them as absolute lines of demarcation on a map (such as topographical contours), but rather as bands of similar noise exposure. In addition to assessment of the present-day noise environment, it is recommended that the noise expo- sure data be projected through the time horizon of the general plan. The noise element should be updated and 248 General Plan Guidelines corrected every five years, or sooner as is necessary, and, at that time, the forecasted noise exposure should be projected an additional five years. Phase B: Noise -Compatible Land Use Planning A noise planning policy needs to be rather flexible and dynamic to reflect not only technological advances in noise control, but also economic constraints gov- erning application of noise -control technology and an- ticipated regional growth and demands of the community. In the final analysis, each community must decide the level of noise exposure its residents are will- ing to tolerate within a limited range of values below the known levels of health impairment. Step 9: Given the definition of the existing and forecasted noise environment provided by the Phase A efforts, the locality preparing the noise element must now approach the problem of defining how much noise is too much. Guidelines for noise -compatible land use are presented in Figure 2. The adjustment factors given in Table 1 may be used in order to arrive at noise -acceptability standards that reflect the noise -control goals of the com- munity, the particular community's sensitivity to noise (as determined in Step 2), and the community's assess- ment of the relative importance of noise pollution. Step 10: As a prerequisite to establishing an effective noise - control program, it is essential to know, in quantitative terms, the extent of noise problems in the community. This is best accomplished by determining, for each major noise source around which noise contours have been developed, the number of community residents exposed and to what extent. It is also useful to identify those noise -sensitive land uses whose noise exposure exceeds the recommended standards given in Figure 2. The exposure inventory can be accomplished by us- ing recent census data, adjusted for regional growth, and tabulating the population census blocks within given noise contours. Step 11: Once the noise exposure inventory is completed, the relative significance of specific noise sources in the community (in terms of population affected) will be- come apparent. The local agencies involved may wish to use this information to orient their noise -control and abatement efforts to achieve the most good. Clearly, control of certain major offending sources will be be - yondthe,Jur'sdretion.of`local, agencies,.;however, rec ognid of these:liinitations.skiould prompt..more..ef fective landuse planning$ strategies Step 12: A, mai or:`obi ective of 'the noise element is tdutilize this. information: to ensure. noise -compatible= land: use plan g,.- "Thee. noise contours shA'be used. as: a, guide,% for establishing a pattern of:land"usesin the.land.":use ele- ment thatminiinizes the -exposure of community resi- dents to.excessive:`;noise::"'"(§65302(f)) The. intent of such planning is to: (1) Maintam.�those..areas:.deemed acceptable: n terms of noise Iexposure. (2) Use:zonmg-> or :other' land use: controls in- areas Appendix" C: Noise Element Guidelines attempting; solutions„rather than just issuing citations: Localz:oning anoubdivis- n ordinances may require the use; of.noise-reducing,building materials or the in- stallation ,of "sound= insulating walls along major roads in new construction and subdivisions. In general; local:, -noise "reductionprograms.need.to, address:the--problems,specific"to each comm' unity, with the ulbtnawgoals b�emgalie reduction of complaint fre quency, and -.the provision. of ahealthful noise environ- ment for altresidents of the community. The remaining steps are beyond the scope of the: noise element requirements; ,but,pertain to coordination with other state noise -control programs -and achievement of the goals -set forth .in the noise element through devel- opmentof an active- localnoise-control effort. Step 14: with excessive noise."exposure to limit uses to those which are"noise compatible and to restrict other, less While the noiseelement identifies problem areas and, compatible uses:. seeks to develop medium andlong=range solutions to , them, a community noise.ordinance is the'only viable` Phase=Co N®flee 1Vhtfati®.,,1vles.ures instrument for short-teen-or=immediate solutions. to in- trusive noise. A. model.noise ordinance that. can. be Step" 13:-.'. tailored to the specific::needs of a, given community' Based upon the:relative nnportance ofnosse, sources _ by smplyincorporatmgaho`se sections deemed most in� order of c-onarnumty impact and: local"° attitudes: to: Health "Services The rno�de ordmanc-e also su -ent of ap plipaelo ed b the,I�e artm wardsahese sources, "[t]he noise elernentshall.inclitde ggests a implementation, measuresm and possible solutions: that. cure for non -stationary: or transient types of noise address existmg:. and foreseeable"noise, problems, . if events; for which noise contours are generally mean- any" (§65302(fj), ingless. Selectionof these no se rn t gatings measures: should 4 be' coordinated. through alL".local agencies m orderto. be most effective:. M1,n mization of noise emissions. Phase°'D.n Enf®i°cernent from all. local government -controlled: or. sanctioned= To adequately"carry-out:the programs identified in activities should he a.priority item; This: includes low the noise element and" to: "comply with state require- noise. specifications far new city° or county owned ments for certain.: other noise=control<:programs, spe- . and operat.edvehcles..(and:noise-xe.duction.retrofit= cific enforcement programs are recommended at the ting where: economically possible) and: noises em s= - local level sion limits on public works pro�e;cts Loea-1 Step- 15: go� ver�nments should insure that ubhc buildm s see pecially schools);: are sufficiently insulated to allow Adopt, and applya community noise ordinance for their intended function to:be uninterrupted by,exte- resolution of noise complaints. rior noise. Local agericies can work. with state and- federal bodies to minimize`. ranspor_tation.noi'se, pri=- Step 16: marily through transitway design,.location;,or„configu°- Recent studies have. shown, thatthe-most objection- ratiom modifications.. able feature of `traffic: noise is- the sound produced by limitation of siren usage=by.police &q,, a] units within populatedr,areas:.Anim-al con be encouraged to'mrnumze:barking do through use of an -improved public retati( termed "Animal Philosophy:” This m.vo with pet owners toa” determine why the d r�s,� vehicle equ ed,". With, illegal:. or faulty exhaust °sys- �.e tems:.In addition,; such hot,rod've'hieies are often oper- ry`; atedina"rnann.er.that,causestire"squealand`excess vely is loud. exhaust noise:. There=are a number, of statewide ;n. vehicle noise 'regulations that- can -be enforced by local ►g; authorities as well: as,, the. California; Highway Patrol: id S`pecifi`cally; Sections 23130;: 23130.5; 271% 27151, Appendix C: Noise Element Guidelines and 38275 of the California Vehicle Code, as well as excessive speed laws, may be applied to curtail this problem. Both the Highway Patrol and the Department of Health Services (through local health departments) are available to aid local authorities in code enforce- ment and training pursuant to proper vehicle sound - level measurements. Step 17: Commercial and public airports operating under a permit from Caltrans' Aeronautics Program are required Land ft lf9rgm Residential - Low Density Single Family, Duplex, Mobile Momrix bidet al Mulli. Fondly Traosle d Longing - Mdtels. Hotels Schools, Libraries. Chorclres. Hospitals, Morsintg floes Aidiledum. Concert hails, Ampbidrsalrtrs Sports Arens, Outdoor SpeclMor Sports Pisygrosndls, Mo ghbortmod PsrO Golf Coarses, Siding Stable$, Wolof Recreation, Cameleries to comply with both state aeronautics standards gov- erning aircraft noise and all applicable legislation gov- erning the formation and activities of a local Airport Land Use Commission (ALUC). The function of the ALUC is, among other things, to develop a plan for noise -compatible land use in the immediate proximity of the airport. The local general plan must be reviewed for compatibility^with this Airport Land Use Plan and amended if necessary (Public Utilities Code §21676). Therefore, the developers of the noise element will need to coordinate their activities with the local ALUC to RGURE 2 C01110 1104 Nelssa Exposure L& or CNEL, d8 60 65 70 715 go lice Buildings, Suslaess Comirionisl and I I I Pmtessional wpm! am industrial. Manafaclnring. ( I I ttSlil%s; Agrtcalta 250 General Plan Guidelines IIiTERPHI TrATIi: Mtrrimily Acceptable Svecjfid land use is satistactt y, based upon the assumption that any buildings invoked are of niarmM onventionai construction, without any special noise insulation re uiraments_ Conditonally Acceptable New mnstructon or deval rnent should be undertalwn only aftera detailed analysis of the noise reducdonl twtuirernenls is made aM needtd noise insulation 11taturei included in the design. Conventional wnstruct on. but with cloned windows and fresh air suty systems or air conditioning will normalk sut Morrrtaily unacceptable New wintructon ar develoancnt should Werallp be digoamaged. If neer mrsiraclion or develepnent does primed, a detailed an*sis of tate noise reduction requirennmts must he made and needed noise insulation %Hires included in the design - Cleaffy Unacc-eptable Now constrtwzm or dewelaWnent should generally fwt be undutaken. Appendix C: i�loise Element Guidelines ' General Plan .Guidelines' 251 'Table 1 Must of unj t`t��° t r �r�rn €� r tion) � r "itar un'1.R. aek r- Cc,t � ur rr t �a7 � u pit � u e fr 7r ila ga, 6118s an fr ioni in,,� , trigt ac.ti tud trr a g). -aufily root Caud, pead u�tri�t activity), i_Iresident ilsruit ut irrtitl r1ant t Iil tra eaI d road and Industrial _ a _). Nol r( ntl� rni i i it n r r l tl l uii or industr,1911 are 's, ' ony r obsy- wtan, resialentt l r. a nit _ ti I i i� tby, IAV prier V-eita a it their!Itr�udin n Dise.. +5 t ti t t I made, 10 aoffirel Th �i se. TIS ir0 P -ti r ; I < t h i s .�+� n iat bo �� ii'.'� r 1�el - ae`to"cotoi 'ie 01015. rtt;t�it- t'Iaiil]° 0 tip fftt idi Mise ,` ioi --male.ado fts WN) the OMR- n aw rt1 OPefatIM.CAU.Sing mise is Very, .ii ma and Ct i ;lil°ilatonIl nus I r Ntely` ;ii ,C rr C t 1i P-halied ter D eirollo."t•hmi ` u a ion aftoondefameq enc Pu r it t Nb re, toe r knP l vel r t r. ut Tar ip� r✓trorpnt_ . General Plan .Guidelines' 251 Appendix C: Noise Element Guidelines RELATIONSHIP OFTHE NOISE ELEMENTTO OTHER GENERAL PLAN ELEMENTS The noise element is related to the land use, hous- ing, circulation, and open -space elements. Recognition of the interrelationship of noise and these four other mandated elements is necessary in order to prepare an integrated general plan. The relationship between noise and these four elements is briefly discussed below. ♦ Land Use—A key objective of the noise element is to provide noise exposure information for use in the land use element. When integrated with the noise element, the land use element will show ac- ceptable land uses in relation to existing and pro- jected noise contours. Section 65302(f) states that: "The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of commu- nity residents to excessive noise." ♦ Housing—The housing element considers the pro- vision of adequate sites for new housing and stan- dards for housing stock. Since residential land use is among the most noise sensitive, the noise expo- sure information provided in the noise element must be considered when planning the location of new housing. Also, state law requires special noise in- sulation of new multifamily dwellings constructed within the 60 dB (CNEL or Ldn) noise exposure contour. This requirement may influence the loca- tion and cost of this housing type. In some cases, the noise environment may be a constraint on hous- ing opportunities. ♦ Circulation—The circulation system must be cor- related with the land use element and is one of the major sources of noise. Noise exposure will thus be a decisive factor in the location and design of new transportation facilities and the possible miti- gation of noise from existing facilities in relation to existing and planned land uses. The local plan- ning agency may wish to review the circulation and land use elements simultaneously to assess their compatibility with the noise element. ♦ Open Space—Excessive noise can adversely af- fect the enjoyment of recreational pursuits in des- ignated open space. Thus, noise exposure levels should be considered when planning for this kind of open -space use. Conversely, open space can be used to buffer sensitive land uses from noise sources through the use of setbacks and landscaping. Open -space designation can also effectively exclude other land uses from excessively noisy areas. 252 General Plan Guidelines SELECTION OFTHE NOISE METRIC The community noise metrics to be used in noise elements are either CNEL or Ldn (as specified in §65302(f)). A significant factor in the selection of these scales was compatibility with existing quantifications of noise exposure currently in use in California. CNEL is the noise metric currently specified in the State Aero- nautics Code for evaluation of noise impacts at spe- cific airports that have been declared to have a noise problem. Local compliance with state airport noise standards necessitates that community noise be speci- fied in CNEL. The Ldn represents a logical simplifica- tion of CNEL. It divides the day into two weighted time periods (Day -7 a.m. to 10 p.m. and Night -10 p.m. to 7 a.m.) rather than the three used in the CNEL measure (Day -7 a.m. to 7 p.m., Evening -7 p.m. to 10 p.m., and Night 10 p.m. to 7 a.m.) with no signifi- cant loss in accuracy. CRITERIA FOR NOISE -COMPATIBLE LAND USE Figure 2 summarizes the suggested use of the CNEL/ Ldn metrics for evaluating land use noise compatibil- ity. Such criteria require a rather broad interpretation, as illustrated by the ranges of acceptability for a given land use within a defined range of noise exposures. Denotation of a land use as "normally acceptable" on Figure 2 implies that the highest noise level in that band is the maximum desirable for existing or conven- tional construction that does not incorporate any spe- cial acoustic treatment. In general, evaluation of land use that falls into the "normally acceptable" or "nor- mally unacceptable" noise environments should in- clude consideration of the type of noise source, the sensitivity of the noise receptor, the noise reduction likely to be provided by structures, and the degree to which the noise source may interfere with speech, sleep, or other activities characteristic of the land use. Figure 2 also provides an interpretation as to the suitability of various types of construction with respect to the range of outdoor noise exposure. The objective of the noise compatibility guidelines in Figure 2 is to provide the community with a means of judging the noise environment it deems to be gener- ally acceptable. Many efforts have been made to ac- count for the variability in perceptions of environmental noise that exist between communities and within a given community. Beyond the basic CNEL or Ldn quantification of noise exposure, one can apply correction factors to the measured or calculated values of these metrics in or- der to account for some of the factors that may cause Appendix C: Noise Element Guidelines for multifamily housing. In both of these documents, an interior noise exposure of 45 dB CNEL (or Ldn) is recommended to permit normal residential activity. If one considers the typical range of noise reduction pro- vided by residential dwellings (12 to 18 dB with win- dows partially open), the 60 dB outdoor value identified as "clearly acceptable" for residential land use would provide the recommended interior environment. Figure 3 has been included in order to better ex- plain the qualitative nature of community noise envi- ronments expressed in terms of Ldn. It is apparent that noise environments cover a broad range and that, in general, it may be observed that the quality of the en- vironment improves as one moves further away from major transportation noise sources. BIBLIOGRAPHY Airport Land Use Planning Handbook: A Reference and Guide for Local Agencies, prepared for the California Department of Transportation, Divi- sion of Aeronautics (California Department of Transportation, Sacramento, CA), 1994. Lynch, Kevin and Hack, Gary: Site Planning. Massa- chusetts Institute of Technology, Cambridge, MA, 1984. Peterson, Arnold P.G. and Gross, Ervin E. Jr.: Hand- book of Noise Measurement. General Radio Co., Concord, MA, 1974. Simplified Procedures for Estimating the Noise Impact Boundary for Small and Medium Size Airports in the State of California. Wyle Research Report No. 254 General Plan Guidelines WCR 72-3, prepared for the California Depart- ment of Aeronautics by Wyle Laboratories, May 1973. Swing, J.W. and Pies, D.B.: Assessment of Noise En- vironments Around Railroad Operations. Wyle Research Report No. WCR 73-5, Wyle Labora- tories, E1 Segundo, CA, July 1973. Swing, J.W.: Estimation of Community Noise Expo- sure in Terms of Day -Night Average Level Noise Contours. California Office of Noise Control, De- partment of Health, Berkeley, CA, May 1975. U.S. Department of Housing and Urban Development: Aircraft Noise Impact - Planning Guidelines for Local Agencies. Prepared by Wilsey and Ham, (GPO Stock No. 2300-00214), Pasadena, CA, No- vember 1972. U.S. Department of Transportation, Federal Highway Administration, National Highway Institute: Fun- damentals and Abatement of Highway Traffic Noise. (Report No. FHWA-HHI-HEV 73-7976- 1), June 1973. U.S. Environmental Protection Agency: Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Ad- equate Margin of Safety. (550/9-74-004), March 1974. Veneklasen, Paul S.: Development of a Model Noise Ordinance. Performed under contract to the Cali- fornia Office of Noise Control, Department of Health, Berkeley, CA, March 1975. Glossary The terms in this.glossaWare adapted;from the. Cali.- PUD: Planned unit development forn.ia General Plan Glossary-(1.997),pubhshed=by. the. UBC": Uniform Building Code, Cal' mia. Planning Roundtable,, Naphtali H.:, Knox; UHC,:, Uniform Housing -Code AI.CP 'and Charles>E ,KnoxE:drtors: Any errors: are the iT1�TA: Urban Mass Transportation Administration responsibility of the Governor's Office of Planning; ands 5- O ;,; Single -room occupancy - Research. TDT& Transportation demand. management•; TDR: Transfer of development rights ABBREVIATIONS: ` TOD: Transit -oriented development ADT: Averagedailytrips made by vehicles or per- TSM: Trans,,portation;srstems management '24 -11'' 'period sons. m: a VISIT: Vehicle miles traveled traveled - AL U.0:, Airportaand.use commission. BMR. Belowmarket,rate.,dwellingun t EF9 ITI S CBD;' Central business district` Acceptable Risk: A hazard that is deemed` to be a tol- CCRs.. Covenants,; conditions, and. restrictions erable exposure to dangergiven the expected ben- CDBG: Community development block grant' efits to be obtained. Different levels of"acceptable CEQA: California Environmental Quality Act risk may be assigned according 'to 'the potential CPD: Mello Roos communityfacilities district danger -and the -criticalness of the threatened struc- CHFA: Cahforn a Ro sin : Finance A. enc g g y ture. The levels may range, from "near zero".for y g CI.P;: Cap t'alt;unprovements program nuclear -plants and natural gas ,transmission lines C-MP: Congeshon:managementplan to "moderate" for open -space, ranches and low- CNEL: Community, noise equivalent level intensity warehouse uses:' COG: Council"",of governn ents> Acres, Gross: The entire acreage of site. Most com- CRA: Cominunity"redevelopment agency munities calculate gross -acreage to the centerline dB: Decibel' of proposed bounding streets and to the _edge of OR:, ` Enviromnental.iinpact report..(""California) the right-of-way of existing or dedicated streets. Ef Environmental impact<statement (Federal))-' Acres, Net: The portion ,of `a:: ite that can actually be FAR: Floor area ratio- built upon. The following generally are not in- FAUS Federa=l=: aid to urban systems eluded in the net acreage of a site: public. or pri- FEMAA. FederalErnergencyManagementAgency vate road rights-of-way, public open -space, and FHWA: Federal HighwayAdininistration floodways. FIR: -° Fiscal-,'m',pact report. AdaptiveIReuse: The conversion of obsolescent or his - FI F1oodinsurance ratetmap: toric buildings from theiorignal or'mostrecent F'MHA: Farmers Home Administration. use: to. anew use. For: example, the conversion of G1D�IL`.` Grossmonthly income= former -hospital or schoolbuildings to residential OPR: GovernWs Office of Planning. and Research, use, or the -conversion of an -historic single-fam- (State of California)` ily homeao office use. HAP: Housing Assistance Plan Affordable Housing: Housing --capable of being pur- HCD: DepartmentofHousingandCommunityDe= chased: or rented by a household with very low, velopment (State of California); low; or moderate income; basedon a household's HOV: High -occupancy, vehicle ability to: make monthly ---payments <necessary to U.S, Department ofHousing_ and,.-. U., anDe;= obtaiin;. housing. "Affordabl"e: to low -and moder- velopment ate income;households" eabs�that-at least'20 per - .IPA:` Joint p-owers autlionty cent` of the, units in a development will be sold or L.AFCO: Local agency.forrnation-commission:' rented to lower income::_ households; andthe re- L,HA: Local l ousing,authority mainingr,units to either lower or..moderate income LOS: Level of service households." Housing units: fora lower income LRT: Light -duty -rail transit household's must sell. or- rent for at monthly cost NEPA: National Environmental Policy Act:. not.greater than 30�pereent o ,'60 percent of area General Kan Guidelines 255 Glossary median income as periodically established by HCD. Housing units for moderate income must sell or rent for a monthly cost not greater than 30 percent of area median income. Agricultural Preserve: Land designated for agricul- ture or conservation. (See "Williamson Act.") Agriculture: Use of land for the production of food and fiber, including the growing of crops and/or the grazing of animals on natural prime or im- proved pasture land. Air Rights: The right granted by a property owner to a buyer to use space above an existing right-of-way or other site, usually for development. Airport -Related Use: A use that supports airport op- erations including, but not limited to, aircraft re- pair and maintenance, flight instruction, and aircraft chartering. Ambient: Surrounding on all sides; used to describe measurements of existing conditions with respect to traffic, noise, air and other environments. Annex, u : To incorporate a land area into an existing district or municipality, with a resulting change in the boundaries of the annexing jurisdiction. Approach Zone: The air space at each end of a land- ing strip that defines the glide path or approach path of an aircraft and which should be free from obstruction. Aquifer: An underground, water -bearing layer of earth, porous rock, sand, or gravel, through which wa- ter can seep or be held in natural storage. Aqui- fers generally hold sufficient water to be used as a water supply. Arable: Land capable of being cultivated for farming. Architectural Control; Architectural Review: Regu- lations and procedures requiring the exterior de- sign of structures to be suitable, harmonious, and in keeping with the general appearance, historic character, and/or style of surrounding areas. A pro- cess used to exercise control over the design of buildings and their settings. (See "Design Re- view.") Arterial: Medium -speed (30-40 mph), medium -capac- ity (10,000-35,000 average daily trips) roadway that provides intra -community travel and access to the county -wide highway system. Access to community arterials should be provided at col- lector roads and local streets, but direct access from parcels to existing arterials is common. Assessment District: See `Benefit Assessment Dis- trict." Assisted Housing: Generally multifamily rental hous- ing, but sometimes single-family ownership units, 256 General Plan Guidelines whose construction, financing, sales prices, or rents have been subsidized by federal, state, or local housing programs including, but not lim- ited to Federal §8 (new construction, substantial rehabilitation, and loan management set -asides), Federal §213, §236, and §202, Federal §221(d)(3) (below-market interest rate program), Federal § 101 (rent supplement assistance), CDBG, FmHA §515, multifamily mortgage revenue bond pro- grams, local redevelopment and in lieu fee pro- grams, and units developed pursuant to local inclusionary housing and density bonus programs. Attainment: Compliance with state and federal ambi- ent air quality standards within an air basin. (See "Non -attainment.") Base Flood: In any given year, a 100 -year flood that has a one percent likelihood of occurring, and is recognized as a standard for acceptable risk. Below-market rate (BMR): (1) Any housing unit spe- cifically priced to be sold or rented to low- or moderate -income households for an amount less than the fair -market value of the unit. Both the State of California and HUD set standards for de- termining which households qualify as "low in- come" or "moderate income." (2) The financing of housing at less than prevailing interest rates. Benefit Assessment District: An area within a public agency's boundaries that receives a special ben- efit from the construction of one or more public facilities. A Benefit Assessment District has no independent life; it is strictly a financing mecha- nism for providing public infrastructure as al- lowed under various statutes. Bonds may be issued to finance the improvements, subject to repayment by assessments charged against the benefiting properties. Creation of a Benefit Assessment Dis- trict enables property owners in a specific area to cause the construction of public facilities or to maintain them (for example, a downtown, or the grounds and landscaping of a specific area) by contributing their fair share of the construction and/or installation and operating costs. Bicycle Lane (Class II Facility): A corridor expressly reserved for bicycles, existing on a street or road- way in addition to any lanes for use by motorized vehicles. Bicycle Path (Class I Facility): A paved route not on a street or roadway and expressly reserved for bicycles traversing an otherwise unpaved area. Bicycle paths may parallel roads but typically are separated from them by landscaping. Bicycle Route (Class III Facility): A facility shared Glossary w th9 rnotonsts and id.entirfied' o ly by signs, a bi- Capital= Improvements Program (CIP): A program cycle: route° has no= pavement: markings;- or lane established by. a city or county government and.,. . stripes;; reviewed by its planning_commisSion, which sched- Bikeways: A term.,ahat encompasses.bicycle1 lanes, bi- ules permanent improvements, usually fora mini- cycle=:paths;; and bicycle. routes;:' :. mum" of 'five years in the future, to fit the projected iotic`Conn.uffiity Agroup;ofhuingsorganisms char- fiscal capability of the local jurisdiction: The.pro- actbrized.by a. distinctive combination. of ,both gram generally is reviewedannually, for conform-; animal. and paant. species.- in ax particular habitat., ` ance .to and consistency with the general plan:, lg lit A. condition of a site:;.. structure; or`area that Carrying Capa` ity: Used in determining the poten- may cause. nearby buildings""=and%or'-areas to de= tial of an area to absorb development: (l) The` cline in attractiveness` and/or -utility.. The . Com- level of land use, human activit ; or development munity Redevelopment haw (Health. and Safety for a specific area that canbe accommodated per-- Code`§33031 and':§33032) contains adefinition manently without an irreversible change,in the of blight.us,ed=to determine eligibility!of proposed quality of air.- watery land, or plant and animal redevelo m- ent ro.ect areas: habitats. 2 The u _ er limit's :of development be-- haeline Streaim.:vA;waterc:ourae: hown as a,b°lue.l-ine yond which the. quality of human: life, health; on. a. U S. G'e`o}log cal Service topographic: quad- welfare, safety, or, community character within an tangle map. area will be impaired (3)'The<rnaximum level of Bond:. An interest=bearing:--.promise to pay, a stipulated' development allowable under current zoning. (See, sum of money,.with.the:principal amount°due,on "Buildout.") a°-specific.,date.. Funds;raised through:the. sale of Central Business District (CUD): The major commer- honds-'can be'.used:for carious public purposes. cial downtown center "of; a .community. "C'ieneral rownf�eld=: An. area3 with abandoned,.. idle;. or under- guidelines for ;delineating'a.downtownarea. are de= used Industrial -and conu�nercial facili es:where fined�bythe U S. Census.ofReta l Trade,:with spe- expansion ; redevelopment; or reuse; is compli- cific boundaries being setby`the local municipality. catedbyreal, `orperceiued!environmental contami- Channelizatlon: (l) The straightening and/or deepen - nation.. -(See "Greenfield-.") ing of a watercourse for. purposes of storm -run-; enffer Zone:. An: area; of land: separating two -.,.distinct off control or ease: ' f navigation. Channelization land uses that, acts , to sofleiv or mitigate: the ef- often includes lining of stream banks with a: re- fects of one land use.. on the; other:: taining material",such as Concrete.-: (2) .At: -the Buildout; B-uild=out.. Development of land io.:ts full tersection of roadways; the directional separation' eal capacity as ,permitted un- potential or=. thoretic of traffic lanes through the use,, of curbs or raised der current or, proposed�plannng or zoning des- islands that limit the paths thatvehicles may take ignations .(See 'TZ' Cap through the intersection. ' Busway: A vehicular right of=way. or portion thereof Clear Zone: That section of an approach zone of an often an exclu ive lane -reserved: exclusively for airport where the plane...defming the glide path is buses: 50 feet or less above the center -line of the run- California' Environn ental: Qualify Act:' (CE' A):. A - way. The clear zone:en dswhere the height;of the state law requiring: stateand lo'calj, gencies to regu= glide path above ground' level is above 50 feet. late activities;with:consideration.for-environrneli= Land us e under the clear zone is restricted: tai protection. If. a proposed activity bas ..the. ,Clustered Development: Development in which a potential for signfeantadverse environmental number of dwelling units are placed in closer impact; an environmental impact report<(EIR) proximity thanusual, or are- attached, with the pur- must be pr..epared-and,certified�as to its adequacy pose of retaining an open -space area. before taking action on: the proposed project Cd1lector: Relatively -low -speed (25-30 mph), rela- California Mousing FinafficeAgency (CIIFA) :A state . tively-low-volume '(5,000-20;000 average daily agency establlshed'by, thaHouising. and Home Fi.= trips) street;that providescirculation within and nance Act of+1975 that is authorized to sell rev= : ` ` " between neighborhoods. Collectors usually serve enue bonds and generate: funds for tl%e. eJ short trips and are intended --,Tor collecting trips development;; re`habihtation, and conservation: of from local streets and distributing them to the ar- low- and. moderate.=inc,orne housing: aerial network: - Caltrans: California Department, of Tr-.ansportation ." Community Care' Facility.. Housing,for the elderly General Plan Guidelines 257 Glossary licensed by the Department of Social Services within the California Health and Human Services Agency, typically for residents who are frail and need supervision. Services normally include three meals daily, housekeeping, security and emer- gency response, a full activities program, super- vision in the dispensing of medicine, personal services such as assistance in grooming and bath- ing, but no nursing care. Sometimes referred to as residential care or personal care. (See "Con- gregate Care.") Community Development Block Grant (CDBG): A grant program administered by HUD on a formula basis for entitlement communities and by HCD for non -entitlement jurisdictions. This grant allots money to cities and counties for housing rehabilita- tion and community development, including pub- lic facilities and economic development. Community Facilities District: Under the Mello -Roos Community Facilities Act of 1982 (§53311, et seq.), a legislative body may create within its ju- risdiction a special tax district that can finance tax-exempt bonds for the planning, design, acqui- sition, construction, and/or operation of public fa- cilities, as well as public services for district residents. Special taxes levied solely within the district are used to repay the bonds. Community Noise Equivalent Level (CNEL): A 24- hour energy equivalent level derived from a vari- ety of single -noise events, with weighting factors of 5 and 10 dBA applied to the evening (7 p.m. to 10 p.m.) and nighttime (10 p.m. to 7 a.m.) peri- ods to allow for greater sensitivity to noise dur- ing these hours. Community Park: Land with full public access in- tended to provide recreation opportunities beyond those supplied by neighborhood parks. Commu- nity parks are larger in scale than neighborhood parks but smaller than regional parks. Community Redevelopment Agency (CRA): A local agency created under California Redevelopment Law (Health and Safety Code §33000, et. seq.), or a local legislative body that has been elected to exercise the powers granted to such an agency, for the purpose of planning, developing, replan- ning, redesigning, clearing, reconstructing, and/ or rehabilitating all or part of a specified area with residential, commercial, industrial, and/or public (including recreational) structures and facilities. The redevelopment agency's plans must be com- patible with adopted community general plans. Community Service District (CSD): A geographic 258 General Plan Guidelines subarea of a city or county used for the planning and delivery of parks, recreation, and other hu- man services based on an assessment of the ser- vice needs of the population in that subarea. A CSD is a taxation district with independent ad- ministration. Concurrency: Installation and operation of facilities and services needed to meet the demands of new development simultaneous with the development. Condominium: A structure of two or more units, the interior spaces of which are individually owned; the balance of the property (both land and build- ing) is owned in common by the owners of the individual units. Congestion Management Plan (CMP): A mechanism employing growth management techniques, in- cluding traffic level of service requirements, stan- dards for public transit, trip reduction programs involving transportation systems management and jobs/ housing balance strategies, and capital im- provement programming, for the purpose of con- trolling and/or reducing the cumulative regional traffic impacts of development. Consistency; Consistent with: Free from significant variation or contradiction. The various diagrams, text, goals, policies, and programs in the general plan must be consistent with each other, not con- tradictory or preferential. The term "consistent with" is used interchangeably with "conformity with." The courts have held that the phrase "con- sistent with" means "agreement with; harmoni- ous with." The term "conformity" means in harmony therewith or agreeable to (Sec 58 Ops. Cal.Atty.Gen. 21, 25 [1975]). California law also requires that a general plan be internally con- sistent and also requires consistency between a general plan and implementation measures such as the zoning ordinance. As a general rule, an ac- tion program or project is consistent with the gen- eral plan if, considering all its aspects, it will further the objectives and policies of the general plan and not obstruct their attainment. Covenants, Conditions, and Restrictions (CC&Rs): A term used to describe restrictive limitations that may be placed on property and its use, and which usually are made a condition of holding title or lease. Critical Facility: Facilities housing or serving many people, that are necessary in the event of an earth- quake or flood, such as hospitals, fire, police, and emergency service facilities, utility "lifeline" fa- cilities, such as water, electricity, and gas supply, Glossary sewagQ ;disposal;. and commun cations and'trans= units per gross acre' or per, net developable acre. portation facilities:- (See "Acres, _Gross;" and "Developable Acres, Cul-de-sac:l A short street or, alley with;,only as single Net.") meansof ingress and egress: at one,,end and with Density Bonus: The allocation of development rights a°large ;'turnaround 'at- ifgi other, en& that allows. a parcel 1 to accommodate additional Cumulative Iinnpact:, As used: in: CEQA; the. total im:-- square footage or additional residential units be - pact resulting.:from,the accumulated mpacts.of in- yond the maxim um for which the parcel is zoned. dividuah;prolects..orprograms:ouer--time;. Under Government.Code;§65915, a housing de- Day -Night. Average Sound Level$ (I,dn): The A.-- velopment that,provides.20 percent ,of>its units weighted average::.sound- level for a.. given area for lower-income households; ten percent of its (measured: in: decibels): during; a 24=hour, ;period units for very -low income households, or 50 per - with a 10 dB bi°g,lg applied to night-time sounds cent of its units for seniors is entitled to a density' levels. The Ldn, is. approximately numerically: bonus and other concessions. equal to. the :CNEL for most: environmental set= Density, Employment: A measure, of the number of tings.:. - employed persons per specific area (for example, dBA:: The -"A -weighted"` scal'efor=measuring:, sound in employees per acre). decibels,�weighs or reduces,thee.ffects.of low and Density Transfer: Away of retaining open space by high frequenc es:in=order to simulate humanhear= concentrating densities—:usually in compact ar- ing. Every:.increase of 10 dBA: doubles the per- eas adjacent to existing urbanization and utilities- ceived loudness though the noise, is�,actually ten while leaving unchanged' historic, sensitive, or - times more intense::; hazardous areas. In some jurisdictions, for ex- Decibel (dB)..A Au, .used to;expressaherelative inten- ample, developers can buy development rights of sity, of a, sound as$=it, is heard by, the_ -,hu m an ear. properties targeted for public open spac-,and trans- See:Appendix C. Noise: element Ciu%delines) for fer the additional density to the base' number.of a technical- def n... - units permitted in the zone in which they propose Dedication:The>.turning ov&by an owner, or;devel- to develop. (See "Transfer of Development oper of private landfor public.°use;:and the accep,- Rights.") tance of land forsucli.use by -the governmental Design,Review; Design Control: The comprehensive agencyhaviMurisdiction.over.thepublicfunc- evaluation of a development and its impact on tion for wiii:oh it` will. be used= Re.dcations for neighboring properties -and the community as , a, road's _parks;.:_ choo'l. sites;. or, other pub'I uses of= whole, from the standpoint of site and landscape" ten are ma&condit ons for approva-f�of a.develop= design, architecture, materials, colors, lighting; and meet by a city orIcounty:.°-. signs, in accordancewith a set of adopted criteria Dedication, In flies of:. Cash payments that may be re= and standards. "Design Control" requires that cer- quired of an..owner or` developer, as; a. substitute tain specific things be done and that other `things for a dedication of land; usually, calculated; in,, dol:, not be done. Design Control language is most of- bars per lot, and referred to as ui lieu fees or in ten: found within a zoning ordinance. "Design Re - lieu contributions:. view" usually,refers to a system set up outside of Defensible Space,. ° (1.) In: firef ghting and prevention;, a:: the, zoning 'ordinance, whereby projects are re- 30 foot area, ofnon=combustible surfaces-separat- viewed against certain standards and criteria by a ing urban andwildland areas.: (2) In -urban areas; specially established des gnreview board or coin - open -spaces; entr-y.points; and pathways . conf g. mittee. (See "Architectural Control.") ured to provide maximum opportunities to- A rrglit- D.elachment: Withdrawal of territory from a special ful users and/or residents to. defend,tlienselves '; district or city; the reverse of annexation. against -intruders and: crinrnmal activity: Detention Dam/Basin/Pond: Dams may be classified Il eficiency,Plan::An action.progT�am for i nprovmg,, or according to the broad function they serve, such preventing., the., deterioration-- of level:: of 'service on as storage, diversion; or detention. Detention dams the Congestion Management Agency- street and are` constructed to retard flood runof,,and mini - highway, network.- mize the effect of sudden floods. Detention dams Density; Residential: The..number of permanent rest= fall into two main types: In,one type, the water is dential dwelling units: per acre of land. Densities temporarily stored and released through an outlet specified in, the.generaYplanmay be expressed iri structure at a rate that will not exceed the carry - General Plan Guidelines 259 Glossary ing capacity of the channel downstream. Often, the basins are planted with grass and used for open space or recreation in periods of dry weather. The other type, most often called a retention pond, al- lows for water to be held as long as possible and may or may not allow for the controlled release of water. In some cases, the water is allowed to seep into the permeable banks or gravel strata in the foun- dation. This latter type is sometimes called a water - spreading dam or dike because its main purpose is to recharge the underground water supply. Detention dams are also constructed to trap sediment. These are often called debris dams. Developable Acres, Net: The portion of a site that can be used for density calculations. Some commu- nities calculate density based on gross acreage. Public or private road rights-of-way are not in- cluded in the net developable acreage of a site. Developable Land: Land that is suitable as a location for structures and that can be developed free of hazards to, and without disruption of, or sig- nificant impact on, natural resource areas. Development Agreement: A legislatively approved contract between a jurisdiction and a person hav- ing legal or equitable interest in real property within the jurisdiction (Government Code §65865, et seq.) that "freezes" certain rules, regu- lations, and policies applicable to development of a property for a specified period of time, usu- ally in exchange for certain concessions by the owner. Development Fee: See "Impact Fee." Easement: Usually the right to use property owned by another for specific purposes or to gain access to another property. For example, utility companies often have easements on the private property of individuals to be able to install and maintain util- ity facilities. Easement, Conservation: A tool for acquiring open space with less than full -fee purchase, whereby a public agency buys only certain specific rights from the land owner. These may be positive rights (providing the public with the opportunity to hunt, fish, hike, or ride over the land) or they may be restrictive rights (limiting the uses to which the land owner may devote the land in the future.) Easement, Scenic: A tool that allows a public agency to use an owner's land for scenic enhancementsuch as roadside landscaping or vista preservation. Elderly: Persons age 62 and older. (See "Seniors.") Elderly Housing: Typically one- and two-bedroom 260 General Plan Guidelines apartments or condominiums designed to meet the needs of and restricted to occupancy by persons 62 years of age and older or, if more than 150 units, persons 55 years of age and older. Emergency Shelter: A facility that provides immedi- ate short-term housing and supplemental services for the homeless. Shelters come in many sizes, but an optimum size is considered to be 20 to 40 beds. Supplemental services may include food, counseling, and access to other social programs. (See "Transitional Housing.") Eminent Domain: The right of a public entity to acquire private property for public use by condemnation and the payment of just compensation. Emission Standard: The maximum amount of pollut- ant legally permitted to be discharged from a single source, either mobile or stationary. Endangered Species: A species of animal or plant whose prospects for survival and reproduction are in immediate jeopardy from one or more causes. Environment: In CEQA, "the physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, mineral, flora, fauna, noise, and objects of his- toric or aesthetic significance." Environmental Impact Report (EIR): Areport required pursuant to the California Environmental Quality Act that assesses all the environmental characteris- tics of an area, determines what effects or impacts will result if the area is altered or disturbed by a proposed action, and identifies alternatives or other measures to avoid or reduce those impacts. (See "California Environmental Quality Act.") Environmental Impact Statement (EIS): Under the National Environmental Policy Act, a statement on the effect of development proposals and other ma- jor actions that significantly affect the environment. Environmental Justice: The fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and en- forcement of environmental laws, regulations, and policies (Government Code §65040.12). Erosion: (1) The loosening and transportation of rock and soil debris by wind, rain, or running water. (2) The gradual wearing away of the upper layers of earth. Exaction: A contribution or payment required as an au- thorized precondition for receiving a development permit; usually refers to mandatory dedication (or fee in lieu of dedication) requirements found in many subdivision regulations. Expansive Soils: Soils that swell when they absorb Glossary.., water and, shrink as,, they dr_y applicable to that community; Expressway: A.div dedmulti-;lanemajor, arterialstreet: Floodplain: The relatively level land area on either for through traffic° with partial; control of'access side of the banks of a. stream regularly subject to and with_grade se , r-ations::"at,major.intersections. flooding. That part of the floodplain subject to a< Exurban Area: The region that lies beyond a-c ty and- one,percent chance of flooding in any given year its suburbs.: is designated as an "area of special flood hazard" Faar," Maa°ket Rent,", The= rent;:, including,.utihty allow- by the Federal; Insurance Administration. anc , dLet , rnnine.d, by HUI�a for: purposes= of ad- F1 odplainn Fringe: All laridbetween=the floodway and ministering the; Section 8 Existing Ilousin°g the upper. elevation ofthe':1:00-year flood, Program,.-,Floodway: The channel of a river or other watercourse Faarnal .: l .:Two-or. more_ ersons related b birth mar- y O P Y 9 and the adjacent land areas that must-be J reserved riage, .or adoption-(U.S.: Bureau of the Census). in order to -discharge the : "base flood" without (2) An individual. or a.gr-oup, of personsdiving to= cumulatively increasing :the water surface eleva- gether who." constitute a. bona fide single -family tion more than one foot. No development is al- housekeeping°unit:in,a dwelling unit, .not including lowed in floodways . afraternity;.sorority; club;. orother.group.ofpersons Floor Area, Gross: The 'sum of the horizontal areas occupying. a.hotel,, lodging house-or, titution of of the several floors, of a building measured any kind (California). from the exterior face of exterior walls, or from Fanners-hloane Adnnitnisration (FanaHA): A.federah; .. he centerline of a wall separating two build- - agency.. that provides.-loans and grants�for improve= ings, but not including any space,where the floor- ment..projects and low-income housing.. to-ceiling height is less:than-six feet. Some cities Fault: A fracture inf the earth's crust: forming,a bound- exclude specific kinds,,Of space (e.g., elevator shafts, ary hetweewro:ck masses thatl av,e, shifted. parking decks) from the ,calculation of gross' floor Feasible: Capab.l'e of being accoitplished-in a":success.= area. " ful manner within: a:. reasonable time taking into. Floor Area Ratio (FAR): The gross floor area permit- account. economic;, environmental; social, and:, ted on a site divided by the total net area of the technological factors. - site, expressed in decimals to one or two'places. Field Act:. egjsIati6 ,passed after a 1933° Long Beach, For example, on a site with 10;000 net square feet earthquake that collapsed. a school; that estab°= Glossary the transmission of seismic waves during an earth- quake. Groundwater: Water under the earth's surface, often confined to aquifers capable of supplying wells and springs. Groundwater Recharge: The natural process of in- filtration and percolation of rainwater from land areas or streams through permeable soils into wa- ter -holding rocks that provide underground stor- age (aquifers). Growth Management: The use by a community of a wide range of techniques in combination to de- termine the amount, type, and rate of develop- ment desired by the community and to channel that growth into designated areas. Growth man- agement policies can be implemented through building permit caps, public facilities/infrastruc- ture ordinances ("concurrence"), urban limit lines, standards for levels of service, phasing, and other programs. (See "Congestion Management Plan.") Guideway: A roadway system that guides the vehicles using it as well as supporting them. A monorail is one such system. The most familiar and still most used guideway is the railroad. Most guideway transit systems make use of wayside electrical power for propulsion. Habitat: The physical location or type of environment in which an organism or biological population lives or occurs. Hazardous Material: Any substance that, because of its quantity, concentration, or physical or chemi- cal characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. The term includes, but is not limited to, hazardous substances and hazardous wastes. High -Occupancy Structure: All pre -1935 buildings with over 25 occupants and all pre -1976 build- ings with over 100 occupants. High -Occupancy Vehicle (HOV): Any vehicle other than a driver -only automobile (e.g., a vanpool, a bus, or a car carrying two or more persons). Historic Preservation: The preservation of historically significant structures and neighborhoods in order to facilitate restoration and rehabilitation of the building(s) to a former condition. Household: All those persons, related or unrelated, who occupy a single housing unit. (See "Family.") Households, Number of. The count of all year-round housing units occupied by one or more persons. The concept of household is important because 262 General Plan Guidelines the formation of new households generates the demand for housing. Each new household formed creates the need for one additional housing unit or requires that one existing housing unit be shared by two households. Thus, household for- mation can continue to take place even without an increase in population, thereby increasing the demand for housing. Housing and Community Development, Department of (HCD): The state agency that has principal re- sponsibility for assessing, planning for, and assist- ing communities to meet the needs of low- and moderate -income households. Housing and Urban Development, U.S. Department of (HUD): A cabinet -level department of the fed- eral government that administers housing and com- munity development programs. Housing Authority, Local (LHA): A local housing agency established in state law, subject to local activation and operation. Originally intended to manage certain federal subsidies, but vested with broad powers to develop and manage other forms of affordable housing. Housing Unit: A house, an apartment, a mobilehome or trailer, a group of rooms, or a single room that is occupied as a separate living quarters, or, if vacant, is intended for occupancy as a separate living quarters (2000 U.S. Census defi- nition). Impact Fee: A fee, also called a development fee, lev- ied on the developer of a project by a city, county, or other public agency as compensation for oth- erwise -unmitigated impacts the project will pro- duce. Government Code §66000, et seq., specifies that development fees shall not exceed the esti- mated reasonable cost of providing the service for which the fee is charged. To lawfully impose a development fee, the public agency must verify its method of calculation and document proper restrictions on use of the fund. Impact/develop- ment fees may be used to pay for preparing and updating general plans and specific plans. Impacted Areas: Census tracts where more than 50 percent of the dwelling units house low- and very - low income households. Impervious Surface: A surface through which water cannot penetrate, such as a roof, road, sidewalk, or paved parking lot. The amount of impervious surface increases with development and estab- lishes the need for drainage facilities to carry the increased runoff. Inclusionary Zoning: Provisions established by a pub - l c. agency to; require, that; a spec fic percentage of l ousiiag;units m aTroyeet or deVelopxnent remain affordable. to; very low and low-income house- holds-Tor ouseholds for a.specified period. Incorporation. Creatkon of a new city. Incubator Space::. Rets l or,industnatspace.that is af- fordable. Wnew, I6wmargin businesses;: Indilasriazl. T'he; rnanufacture;,.production, and`process- ing of'consumer goods: Industrial; ften di- vided into: "heavy industrial" uses, such as construction yards; quarrying; and factories and "light industria°1?' uses, such as research and development and less intensive warehousing and manufacturing.,. Infill Devel6p.ment, Development- of vacant land (usually rndvi'dual' lots or leftover.; properties) within�areas that- are. already largely: developed. Lnfrastructure: Public services and facilities such as sewage*=disposal�systems, water-supplysystems, other,utility systems, schools; and roads. In -Lieu Fee.: (Seer:"Dedication; In lieu of,) ' Institutional T7ses; )1 ,publicly or privately owned and operated activities such -as hospitals, convalescent hospitals,, intermediate care. facilities, nursing homes, museums,. and schools; and. colleges; (2) churches. and other `religious -:organizations; and (3) other non-profit ,activities;' of a welfare, edu- cation -A or philanthropic,:nature, hatcannot be considered:r-esidential .cornmereial;; or industrial. (See "I?ublic.and Quasi-Publrc Facilities.") Lntensity,, Bu or res'dential uses`; the actual numberf,or the. a-llowable range.of dWellir g units per net :or gross sere. For.:non-residential uses, the actual, or the:maXirnunn'p;ennitte�dfloor-:area ratios (FARs);. Interagency. Indicatesc.00peration-betweenor among two 6.r-,,mo-.e,discrete: agencies�`m=regard to a spe- cific program. lhterest,, Fee.. Entitles a` land owner' to exercise com plete,controlover-,use..ofland, subject onl'to gov- emm-ent land use. regulations: Interest, Less -than= -&e: The purchase of interest in land rather=than-outright ownership; includes the pur- chase of development rights ` via -conservation, open space. or scenic easements. (Seer "Easement; .99s' GG �y - 99 "Lease'.,, 99 .. Conservation;.. Easement,, Scenic, ease, and. " Leasehold Interest:"): Interimttent,,St eam:,A stream.that normally flows for at least thirty (30); after tle.last major rata of the, season -and,, i a large part of the year. Issues: Itnportantunsettledzcomrnunity matters or prob- Glossary lems that are identified in, a community's general plan and dealt»with by the :plan's objectives, ,poli- cies, plan.proposals, and.implementation programs. Jobs/Ilousing Balanee; Job's/Housing Ratio: The availability of affordable housing for employees. The jobs/housing ratio-divdes the number of jobs in an area by the number. of employed residents. Aratio of 1.0 indicates a balance. -ratio greater than 1.0'indicates a net in -commute -less than 1.0 indicates a.net .out -commute. Joint Powers Authority (JPA): A.legal arrangement that enables two or more units,. of government :to ` share authority in 'order -to plan, and carry' out a specific program ;or set of programs that -serves both units. Land Banking: The purchase of land by>a local goy- ernment for use,or resale 'ata later date. Banked. lands have -been used for development of low and moderate -income: housing,- expansion ,of parks, and `development of industrial and com mercial centers. Federal rail -banking law allows railroads to'bank=unused rail corridors for future rail use whileallowing :iriterini use as trails. Landmark: (1�) A building, site, object; structure,`or significant tree having historical; ` architectural; social, or cultural -significance and marked for Pres ervation bythe local; state` or,federal government.'` (2) A visually prominent or- outstanding structure or natural feature that functions= as a: -pd.- of orienta- tion or identification. Landslide: Dowslope.movernent ofsoil and/or rock; which typically occurs during an earthquake or following heavy rainfall. ' ` Land Use Classification: A system.for classifying and designating the appropriate use of properties. Lateral Spreading: Lateralmovement of .soil, often as a result ofl quefactiori during an'earthquake'. Leapfrog Deyelopmenl: New development separated from existing development by`substantial vacant land: . Lease: A contractual agreement by which an owner of real property (the- lessor)` gives` the right of pos- session `to another (a lessee) 'for a specified ;pe rod of time (term) and for &:-,,specified consideration.=(rent). LeasehoUlAterest: (1) The interest that the lessee has in the I value_ of the' lease itself in condemnation award determination. (2) The difference between the total rerriaining rent under the lease and `the rent the lessee would currently pay for similar space for the same time period. Leq: The°:einergy equivalent level, defined as the, aver - General Plan- Guidelines 263 Glossary age sound level on the basis of sound energy (or sound pressure squared). The Leq is a "dosage" type measure and is the basis for the descriptors used in current standards, such as the 24-hour CNEL used by the State of California. Level of Service (LOS) Standard: A standard used by government agencies to measure the quality or effectiveness of a municipal service such as po- lice, fire, or library, or the performance of a facil- ity, such as a street or highway. Level of Service (Traffic): A scale that measures the amount of traffic that a roadway or inter- section can accommodate, based on such fac- tors as maneuverability, driver dissatisfaction, and delay. Level of Service A: Indicates a relatively free flow of traffic, with little or no limitation on vehicle move- ment or speed. Level of Service B: Describes a steady flow of traffic, with only slight delays in vehicle movement and speed. All queues clear in a single signal cycle. Level of Service C: Denotes a reasonably steady, high- volume flow of traffic, with some limitations on movement and speed, and occasional backups on critical approaches. Level of Service D: Designates the level where traf- fic nears an unstable flow. Intersections still function, but short queues develop and cars may have to wait through one cycle during short peaks. Level of Service E: Represents traffic characterized by slow movement and frequent (although mo- mentary) stoppages. This type of congestion is con- sidered severe but is not uncommon at peak traffic hours, with frequent stopping, long-standing queues, and blocked intersections. Level of Service F: Describes unsatisfactory stop -and - go traffic characterized by traffic jams and stop- pages of long duration. Vehicles at signalized intersections usually have to wait through one or more signal change and "upstream" intersections may be blocked by the long queues. Life -Cycle Costing: A method of evaluating a capital investment that takes into account the sum total of all costs associated with the investment over the lifetime of the project. Light -Duty Rail Transit (LRT): Streetcars or trol- ley cars that typically operate entirely or sub- stantially in mixed traffic and in non-exclusive, at -grade rights-of-way. Passengers typically board vehicles from the street level (as opposed to a platform that is level with the train) and the 264 General Plan Guidelines driver may collect fares. Vehicles are each elec- trically self-propelled and usually operate in one or two -car trains. Linkage: With respect to jobs/housing balance, a pro- gram designed to offset the impact of employment on housing need within a community, whereby project approval is conditioned on the provision of housing units or the payment of an equivalent in -lieu fee. The linkage program must establish the cause -and -effect relationship between a new commercial or industrial development and the in- creased demand for housing. Liquefaction: The transformation of loose, wet soil from a solid to a liquid state, often as a result of ground shaking during an earthquake. Live -Work Quarters: Buildings or spaces within build- ings that are used jointly for commercial and resi- dential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work. Local Agency Formation Commission (LAFCO): A five- or seven -member commission within each county that reviews and evaluates all proposals for formation of special districts, incorporation of cities, annexation to special districts or cities, con- solidation of districts, and merger of districts with cities. Each county's LAFCO is empowered to approve, disapprove, or conditionally approve such proposals. The LAFCO members generally include two county supervisors, two city council members, and one member representing the gen- eral public. Some LAFCOs include two represen- tatives of special districts. Local Coastal Program (LCP): A combination of a local government's land use plans, zoning ordi- nances, zoning district maps, and (within sensitive coastal resources areas) other implementing actions that together meet the local requirements of, and implement the provisions and policies of, the Cali- fornia Coastal Act of 1976. Local Coastal Program Land Use Plan: The relevant portion of a local government general plan or coastal element that details type, location, and in- tensity of land use, applicable resource protection and development policies, and, where necessary, implementation actions. Low -Income Household: A household with an annual income usually no greater than 80 percent of the area median family income adjusted by household size, as determined by a survey of incomes con- ducted by a city or a county, or in the absence of such a survey, based on the latest available eligibil- Glossary itylirnits"estabhshedbyHCTD for the Sections$ Nous- nifcant functional interrelationships and a coher= ingprogram.. :ent-physical design: A "single site" may include con Low- ncome, Hous'n -T.ax" Credits: Tax -ns tiguous properties. provided'by the &-deralai d;state governments for Mobilehome A structure, transportable in; one or more investors in housing for low=income:� household � sections, built on a permanent chassis and designed'-- A statistical -descriptor ii dicating;peak noise; ley, for use as a single=family dwelling>unit that (1)'' els the sound level. exeeeded'ten percentof-the - has'a minimum of 400 square feetof living space; time._Its. a_commonly used"descriptor of:eominu- - (2) has -a minimum width in excess of 102 inches; reify noise: and has beenmsed in Federal .Highway: (3) is connected to all available permanent utili- Administration. standard's: and the= standards of ties; and (4) is tied down (a) to a,perinanentfoun- some cities,and-counties; dation ori a lot either' owned or, leased by the - Mandfi,, tuned H®usflnag_: Residential structures that are homeowner or (b) is set" on piers, with wheels-re- heelsre-constructed; constructed,entirely in the factory'andthat ,.since. moved and skirted; in,." ,arriobilehome park. (See i June 1w5'; 197.6, have been regalatedby the: federal "Manufactured Flousing" :and ".Modular Unit") 1Vlaiiufaet6redHorne,Construction"and Safety Stan= Moderate-Iincome Household: A<household with an dards.Aet.oft:974unde ffieadrninistration.ofHUD': annual income between the lower income eligi- (S.ee "1Vlobilehome? 'and "Modular. Unit.") bility limits and 120 percent of the area median Mcan Sca. Level": The° average altitude -of the sea sur- family income adjusted. by household` size, .usu- face. for all.°tidal stages: ally as establ shed;by HIJD forthe Section`$hous-: Median Strip. The dividing area, either-paved.or land- ing program. (See"Area" and "Low -Income scaped, betweem opposing, lanes. of traffic, on a Household.") roadway:, Modular Unit: A factory- fabricated, transportable Mello=boos fonds. L.o:cally: issued= bonds that; are: re'- building,or major component designed for use by pai& ya,special tax unposed_on:property owners itself or for incorporation" with similar units on witliin a community facilities `°distrct established site into a structure for residential; commercial, edu- by a'.governmental. entity:The :bond proceeds -can cational, or industrial use. Differs from mobilehomes be� used for:"public,_i nprovements and for; a lim- and manufactured housing h (iii addition to lack- ted number of ser;ces..IVarned`after he.pro"gran's ing an integral chassis or permanent hitch to al= legislative;authors,. low future movement) being subjectto California' IMereallt Th ensityScale. A_s",object ve; measure; of the: housing law design; standards. California stare observed effects" (humtan reactions, strucrturaI dards`are more restrictive than federal standards damage, geologi;.elf fects:) of an -earthquake: Ex -in some respects (e.g:, plumbing. and energy pressed`m.Roum"erals frornrI to XIL conservation). Also—called factory -built hour- Micro climate.. The,chn"ate;of�asmall.'distinct area,; ing and regulated by state law of that.title. (See such- as a. city, streets or.= a building`s courtyard,? "Mobilehonie" and "Manufactured Housing".") can: be fh o_rably= altered: through, funetib.nal Multlplier=Effeet: Refers to the impact the rec rcula- landscap%ng arch tecture,. or other. design fea- tion of money through the economy has on -job and wealth creation. For..7.eixample, money paid as Mineral;:Res.ource Land on which.known depRosrts ;of salaries to industrial and office workers is spent commercially viable, .mineral or aggregate'depos= on:housing food; clothing; and other locally avail- its exist= Thisdesignation°is applied ':,to,sites deter-" able, -:goods and services.`` This spending creates mined' by the Califiornia Geological ' S".urey as.. j obs in housing construction; retail stores, and pro- -being a resource: of r-cgional significatice:.and is in- fessional offices. The wages: paid to workers in tended to help'maintain thequartying=operations:and ". those industries is again re -spent, creating still protect them, from encroachment. of''incompatibI& snore jobs". Overall; one job in.basic industry is land uses.-_ estimated.>to create approximately one more job Minipark:.A smallneighborhood-'�`.park of approximately in non -basic industry. one acre or less. 1VIuailc;ipal Services: Services traditionally provided Mixed -Use: Properties'on,w..ich:variouslus'es, such°" as by' local government; including water and office, cornmerciaL, institutional; and residential* sewer-; roads,, parks, schools,: and police and fire are combined in. a; single. building or, on a; single, protection. site in an,integrated.developmentproject with,sig-:'� Air Quality Standards: The pre - General. Plan Guidelines 265 Glossary scribed level of pollutants in the outside air that cannot be exceeded legally during a specified time in a specified geographical area. National Environmental Policy Act (NEPA): An act passed in 1974 establishing federal legislation for national environmental policy, a council on envi- ronmental quality, and the requirements for envi- ronmental impact statements. National Flood Insurance Program: A federal pro- gram that authorizes the sale of federally subsi- dized flood insurance in communities where such flood insurance is not available privately. National Historic Preservation Act: A 1966 federal law that established a National Register of His- toric Places and the Advisory Council on Historic Preservation, and that authorized grants-in-aid for preserving historic properties. National Register of Historic Places: The official list, established by the National Historic Preservation Act, of sites, districts, buildings, structures, and objects significant in the nation's history or whose artistic or architectural value is unique. Natural State: The condition existing prior to devel- opment. Neighborhood: A planning area commonly identified as such in a community's planning documents, and by the individuals residing and working within the neighborhood. Documentation may include a map prepared for planning purposes, on which the names and boundaries of the neighborhood are shown. Neighborhood Park: City- or county -owned land in- tended to serve the recreation needs of people liv- ing or working within one-half mile radius of the park. Neighborhood Unit: According to one widely -ac- cepted concept of planning, the neighborhood unit should be the basic building block of the city. It is based on the elementary school, with other com- munity facilities located at its center and arterial streets at its perimeter. The distance from the school to the perimeter should be a comfortable walking distance for a school-age child; there would be no through traffic uses. Limited industrial or com- mercial would occur on the perimeter where ar- terials intersect. This was a model for American suburban development after World War II. Neotraditional Development: An approach to land use planning and urban design that promotes the building of neighborhoods with a mix of uses and housing types, architectural variety, a central pub- lic gathering place, interconnecting streets and al- leys, and edges defined by greenbelts or 266 General Plan Guidelines boulevards. The basic goal is integration of the activities of potential residents with work, shop- ping, recreation, and transit all within walking dis- tance. Noise: Any sound that is undesirable because it inter- feres with speech and hearing, or is intense enough to damage hearing, or is otherwise annoying. Noise, simply, is "unwanted sound." Noise Attenuation: Reduction of the level of a noise source using a substance, material, or surface, such as earth berms and/or solid concrete walls. Noise Contour: A line connecting points of equal noise level as measured on the same scale. Noise levels greater than the 60 Ldn contour (measured in dBA) require noise attenuation in residential development. Non -Attainment: The condition of not achieving a de- sired or required level of performance. Frequently used in reference to air quality. (See "Attainment.") Non -conforming Use: A use that was valid when brought into existence, but by subsequent regula- tion becomes no longer conforming. "Non -con- forming use" is a generic term and includes (1) non -conforming structures (by virtue of size, type of construction, location on land, or proximity to other structures), (2) non -conforming use of a con- forming building, (3) non -conforming use of a non -conforming building, and (4) non -conform- ing use of land. Thus, any use lawfully existing on any piece of property that is inconsistent with a new or amended general plan, and that in turn is a violation of a zoning ordinance amendment subsequently adopted in conformance with the general plan, will be a non -conforming use. Typi- cally, non -conforming uses are permitted to con- tinue for a designated period of time, subject to certain restrictions. Notice (of Hearing): A legal document announcing the opportunity ,for the public to present their views to an official representative or board of a public agency concerning an official action pend- ing before the agency. Official County Scenic Highway: A segment of state highway identified in the Master Plan of State Highways Eligible for Official Scenic Highway Designation and designated by the Director of the Department of Transportation (Caltrans). Open -Space Land: Any parcel or area of land or wa- ter that is essentially unimproved and devoted to an open -space use for the purposes of (1) the pres- ervation of natural resources, (2) the managed pro- duction of resources, (3) outdoor recreation, or (4) public health and safety. Ordinance:, A law or, regulation setforth, and-adoptedt, by a governmental -authority, usually a= city or county. ; Outdoor Advertising Structure: Any device, used, or intended,.. to, direct attention to a -business; profes. sion, commo:dity;: service,. or entertainment con- ducted; -sold;:; pr offered elsewhere tihan, upon- the-- 1'ot wheresuch device is located. Outd'o}or Recrcat!®n- IJ"se: A. privately or publicly owned' or.-, operated use providing,. facilities- for outdoor recreation activities.. Outer Approacln Zonc: Airspace in';wl ich.an air-traf° fie controller initiates,radar monitoring for:incorn- irrg flights.approachingan.airport. Overlay: A. land: use designation on. the General: Plan. Land Use Map, or: a..zonm, designation on a_zon ing map, that modifies the basic: underlying„ des= ignation ',in some specific manner. Parcel:: A-11 t inl, single ownership or under single, con-. trof,,usually considered a unit for purposes of de- velopment. Park T,and9;`Par land: Land'-: that is: publicly owned; or controll,6.; the purpose o£ providing; parks;, recreati'on,. or open -space for public use:. Perking, Shared"Apublic orprivate parking area used jointly by two or..more uses. Parking Area;.Pub.TI Ari open.area, excluding a street or otherpubhc way;:usedfor_the parking of auto- mobiles. and available=to the. public, whether for free orator compensation: Parking lWan'ag Ment An evolving TNLtechnique: designed` to obtamanaxinum> utilization from a: limited'numb.er. ofr'park ng spaces. Can, -involve. pricing:;and:=pxefe rentialareatment for HOVs; non -- peak. users';. and';short:-term users.. (See "High,`Occupancy Vehicle" and "Transportation I)emand.Nlanagement ")= Parliatg; -Ratio:, The number of parking. spad'e&l pr=_o= vided per 1,000 square of 'floor area; e g, 21 or° two per°thousand Parking Space,,Compact: Aparking space..(usually 7.5 feet wide -by 1.6 feet long whenperpendicu:- lar to: a driveway~ or aisle) permitted in some localities on the.assumptio-nthat-many modern cars,- are s gnlfica,n lyt smaller.,, and:require aes`s room;. than a standard automobile;. A standard parking space, when perpendicular to, a `d'nve way or aisle;;. is usually 8.5 feet wide by 1' 8. feet: long,; Parks: Open -space lands: whose primary purpose:is,. recreation. (See "Open -Space. Land;" 'C"", nity Park,"�'and "IVeighborhoo'd Park") Glossary Parkway: An.expressway or freewaydesigned fornon commercial traffic only; usually located within'a strip of landscaped,park or natural vegetation. Parkway Strip: A piece ;of land located between the rear of & curb and the front of.a,sidewalk, usually used for planting low ground ,cover and/orstreet trees, also,known as "planter. strip." Performance -Standards: Zoning regulations that per- mit uses,, -,based, on:a particular set of standards of operation rather than on particular type of use. Performance standards provide specificcriteria limiting noise, -air pollution, emissions, odors, vi- bration, dust, dirt, glare, heat, fire hazards, wastes; - traffic impacts, and visual impact of a use. Plan Line: Aprecise line hat establishes `futureyights of-way"along any portion of an existing or pro- posed street or highway and which is depicted on a map showing the streets'and lot line.'or lines and the proposed right-of-way; lines; and the distance thereof from the established centerline of the street or highway, or from existing or established prop- erty lines. Planned Comm.unityl: A large-scale development whose.. essentiaI features are a definable 'bound- ary; a consistent, but not necessarily uniform, char- acter; overall control during, the development process hyla- single development entity; private ownership of recreation amenities; -and enforce- ment of covenants, conditions, and restrictions by a master -community association. Planned, U, W ,Development (PUD): A description of a proposed' unified development, consisting at a minnnum of a map and adopted ordinance setting forthe the regulations governing, and the location and phasing: of all proposed uses and improve- ments to be included inthe development. Planning Area: The area directly addressed by gen- eral plan., A. city's planning area typically encom- passe& the. city limits and potentially annexable land: within, its sphere of influence. Planning Cnmmissi®n: A.body, usually having five or seven members, created by a city or county, in com- pliance with'California law (65100) -which requires the assignment of the planning functions of the city. or county to a planning department, planning commissaon,; hearing, officers, and/or the legisla- tive -body, itself, as deemed appropriate bythe leg- islative, body.: Pollution, Non -Paint: Sources for pollution.that are less definableOndusuallycover broad areas of land, such as agricultural land with, fertilizers that are carried from the land: by runoff, or automobiles:: General. Plain Guidelines, 267 Glossary Pollution, Point: In reference to water quality, a dis- crete source from which pollution is generated before it enters receiving waters, such as a sewer outfall, a smokestack, or an industrial waste pipe. Poverty Level: As used by the U.S. Census, families and unrelated individuals are classified as being above or below the poverty level based on a pov- erty index that provides a range of income cutoffs or "poverty thresholds" varying by size of family, number of children, and age of householder. The income cutoffs are updated each year to reflect the change in the Consumer Price Index. Prime Agricultural Land: (1) Land used actively in the production of food, fiber, or livestock. (2) All land that qualifies for rating as Class I or Class II in the Natural Resources Conservation Service land use compatibility classifications. (3) Land that qualifies for rating 80 through 100 in the Storie Index Rating. (See "Stone Index.") Prime Farmland: Land which has the best combina- tion of physical and chemical characteristics for the production of crops. Prime Farmland must have been used for the production of irrigated crops within the last three years. Prime Farmland does not include publicly -owned lands for which there is an adopted policy preventing agricultural use. Private Road/Private Street: Privately owned (and usually privately maintained) motor vehicle ac- cess that is not dedicated as a public street. Typi- cally the owner posts a sign indicating that the street is private property and limits traffic in some fashion. For density calculation purposes, some jurisdictions exclude private roads when establish- ing the total acreage of the site; however, aisles within and driveways serving private parking lots are not considered private roads. Pro Rata: Refers to the proportionate distribution of something to something else or to some group, such as the cost of infrastructure improvements associated with new development apportioned to the users of the infrastructure on the basis of pro- jected use. Public and Quasi -Public Facilities: Institutional, aca- demic, governmental and community service uses, either owned publicly or operated by non-profit organizations, including private hospitals and cem- eteries. Public Services: See "Municipal Services." Ranchette: A single dwelling unit occupied by a non - farming household on a parcel of 2.5 to 20 acres that has been subdivided from agricultural land. 268 General Plan Guidelines Reclamation: The reuse of resources, usually those present in solid wastes or sewage. Reconstruction: As used in historic preservation, the process of reproducing by new construction the exact form and detail of a vanished structure, or part thereof, as it appeared during a specific pe- riod of time. Reconstruction is often undertaken when the property to be reconstructed is essential for understanding and interpreting the value of an historic district and sufficient documentation exists to insure an exact reproduction of the original. Recreation, Active: A type of recreation or activity that requires the use of organized play areas includ- ing, but not limited to, softball, baseball, football and soccer fields, tennis and basketball courts and various forms of children's play equipment. Recreation, Passive: Type of recreation or activity that does not require the use of organized play areas. Redevelop: To demolish existing buildings; or to in- crease the overall floor area existing on a prop- erty; or both; irrespective of whether a change occurs in land use. Regional: Pertaining to activities or economies at a scale greater than that of a single jurisdiction, and af- fecting a broad geographic area. Regional Housing Needs Plan/Share: A quantifica- tion by a COG or by HCD of existing and pro- jected housing need, by household income group, for all localities within a region. Regional Park: A park typically 150-500 acres in size focusing on activities and natural features not in- cluded in most other types of parks and often based on a specific scenic or recreational opportunity. Rehabilitation: The repair, preservation, and/or im- provement of substandard housing. Retrofit: To add materials and/or devices to an exist- ing building or system to improve its operation, safety, or efficiency. Buildings have been retrofit- ted to use solar energy and to strengthen their abil- ity to withstand earthquakes, for example. Rezoning: An amendment to the map and/or text of a zoning ordinance to effect a change in the nature, density, or intensity of uses allowed in a zoning district and/or on a designated parcel or land area. Richter Scale: A measure of the size or energy release of an earthquake at its source. The scale is loga- rithmic; the wave amplitude of each number on the scale is 10 times greater than that of the previ- ous whole number. Ridgeline: A line connecting the highest points along a ridge and separating drainage basins or small-scale drainage systems from one another. 11 0' co '. me'� % ,in Glossary r u pie d.orintende-,&ta', 9enQrate S`eic-he.:'An', earthquake= generated wave in an enclosed betoccupiedl*cer-tMiiarisportationandpublk-use:" body -of'Water such, asa lake., reservoir, or bay. fdc,.ilitle§,.sucha's.ro.'ads,,railr(jads; and."-utility'lifips. Seismic:. Caused by or subject to earthquakes or earth Riparian,tan4s;. Riparian lands are co m prise,& of the,,. vibrations-. vegetative. and. wildlife.. areas adjacent to -ppren.. SenWrsi, Persons, age, 62 and older. (See "Elderly.") -are, n,iaI'-,,, and', int streams,,.. Riparian :areas: S --,,Housing:- See "ElderlyE- sin �nlor 9 dehneated.by the .existence, of p1ant.,. specie&'nor"=,_ S.'ePtIesy",stem :Asewagp"treatmelit,system that,includes found`orally near, Er &se. tthhg tank, through, which liciu-idsewage. flows SankaMLO�noW.1he:controlkdplacemieopfirefiise ° an&inwhich solid-- sew'.ag_psettles: and is decom-,, within ited: ffillbwed by compaction an& Posed by bacteria in he, absenceof oxygen' Sep- coveribgmitha suitable' thickness,- of. earth ::'and tic systems are, often used Ior individual -home oth,er,containmObtinaterial. wastedisposal where -an. urban 1.sewer system is. Sanitary subterranean conduits that not available.: (See " Sari ary:Sewer.") 4" !,0 carries,.,. refase-liqu, - s..,: .or;waste matter. to,: plant Settlement: (.1) The drop of a ground sur where, th-e. -s- tr Med as ewage,,J&,j,� re settling face. caused, by 6 c mpactin .42) -The storm drainage -sys (that carry, surfdcowater) gradual downward -,,movement of an',engineered,, o r -lb h fields` (that: hold-,,,, reffise, septic tanks. and s ��ep _s" e,,c structure due .to compaction. Differential settle=� liqui&,and! waste -:matter on-site). (See "Septi& went is uneven settlement, where one par, '6 a System, 5Y. structure settles. more -or at a different rate Ahan- Scenic, Highway :,C,.orrfd"bri-. The area .-outside ,ahigh- another- part. way -right. of��-way,,,th�At-is.,,,gpnera�1,1.y,-visibleto:per�; Siltation, sons r1r,avve n ay. material,'. in of streams, aa&' - (2) The gr4dual-,fillin g, Seenie' ffi,*m�hw_'y'PISelenle`� " road drive:, other % badies..,of water with sand -'.,siit . and clay. or, stree.tiih at�,t s, transportation--�., F unc'r- -Occup (S]W). A single ro ` Singbe Room, ancy om" typi- tu e.. tion, plpvd�`id�Dp e1iJ oyment, �o 'p.or cally.-�8O�250-square.,,-;.-feet,:�,wit, '.,as f -and h", natural-'aiid'-.,m,�'a-n,-,made--,*.seeniciresources and: ac= but which requires. the occupantto 'h share a c om=. cess, or direct to: areas,: or scenes of excep", munal bathroom, shower; afid-kitcheh tionalbeauty orf fiistoric or. cultural interest;. The. Solar Access: The provision..., of",dire6t: sunlight to an aesthetic. v-a:tues�-I..,6.f,,.,".scenic route&-, often.. are, pro,,- area specified for solar- energycollection*hen the, tected., and ,,,`ef enhanced,". -y r,,egulations,.govem*ng, ,.-t, -he-- sun's,-azfinuthJs!with 45; db2.ieegof true .south:z�'.'..... d rty,or'tb�pt cement -ever ead 'a.c -e Solar System SY Active:.A stem- �,,usm'g"a",!mechanical door, adVertrsmg UntiLthe, in 1,98-0s general such device, as a pump :or a--. &n. and..energy in plansiff',. transport , r A , A addition, to solar: energyanspP'.I,4cond4,ivd nic Hig,,hw, element.- a,y between solar medium, (air eejx�,�Csol' -collector Second: Unit: A,: self. Contained living. unit, either atV.: and the interior of a building Toi .the purpose.-lof tach-e,d-,.to.or det,ached;f.r,.o.m�,,andi*m-�a,ddit,ion.ta; the; heating -.-or cooling. prinaryresideon,WsingleIoc "Granny Sblar- Systm,. Passive, --A s stem that uses di heat Ftat"--Iis-,one e,type,,,.o,f,,-'-second-u intended.-.forthei :,,,transfer fiom,,,.thertiatmassiii§tead. of mechanical! elder power to; distribute c-,oll6,-cte'd:heat. .Passi've"gy,§tems Section8 tance� Fr - RT--'en-,t,,all,�:-s,N:o.g-ram.:, A federal1911 As rely. on- building,; des and- material's to collect (HUD), rent"subsidy-program that.. is, one: -of ti e. . and storeilheat and to createnatural ventilation for main ,sources .o,f,f6.deT.,al,-,-;hous*mgassistance ,f rJ6Iw�.,' coolm'ML inco=-houselidl �The program operates b, yprq m Or S fi:d'Maste,-...'-A-ny unwanted or-,.disC arde& at ial-that'l. vidmg'�h-ousiig. l7 j,as,sis'tancepay-ments":to'lo,'wne'r-s�",�� s.",not. a., liquid or'g'4s'.'organicwastes, -'IncIudes,' developers and public housing, agencies to"_"MaL pdporproducig ,metals;glass;:-lastics;cloth,brick, up the di06 een� the- "Fak Market rock,, soil`, leather; ubber,,yardwastog and wood, of'aunit ,',('$'6t'.. y,-,.-�'H"-,U,-P,)!and, the. -h-,ousehold-S".-."con- but does., -not includes :sewage znd'hazArdou s mate- tribut-oiitowardthe r,ent; whichiscalc C& at, rals'_0ranicrwa§tes.and paper -products comprise 30 - percent of the Iibus-e-hold','�§.'.' adiu-sted" 2--r,09s. about,75-nereen of vD'cAl --ban,solid waste. 11 0' co '. me'� % ,in Glossary community's planning area. A specific plan must specify in detail the land uses, public and private facilities needed to support the land uses, phasing of development, standards for the conservation, development, and use of natural resources, and a program of implementation measures, including financing measures. Sphere of Influence: The probable physical boundaries and service area of a local agency, as determined by the Local Agency Formation Commission of the county. Standards: (1) A rule or measure establishing a level of quality or quantity that must be complied with or satisfied. Government Code §65302 requires that general plans spell out the objectives, prin- ciples, "standards," and proposals of the general plan. Examples of standards might include the number of acres of park land per 1,000 popula- tion that the community will attempt to acquire and improve, or the "traffic Level of Service" (LOS) that the plan hopes to attain. (2) Require- ments in a zoning ordinance that govern building and development as distinguished from use restric- tions -for example, site -design regulations such as lot area, height limit, frontage, landscaping, and floor area ratio. State Responsibility Areas: Areas of the state in which the financial responsibility for preventing and sup- pressing fires has been determined by the State Board of Forestry (pursuant to Public Resources Code 4125) to be primarily the responsibility of the State. Stock Cooperative Housing: Multiple -family owner- ship housing in which the occupant of a unit holds a share of stock in a corporation that owns the structure in which the unit is located. Storie Index: A numerical system (0-100) rating the degree to which a particular soil can grow plants or produce crops, based on four factors: soil pro- file, surface texture, slope, and soil limitations. (See "Prime Agricultural Land.") Street Tree Plan: A comprehensive plan for all trees on public streets that sets goals for solar access, and standards for species selection, maintenance, and replacement criteria, and for planting trees in patterns that will define neighborhood character while avoiding monotony or maintenance prob- lems. Streets, Local: See "Streets, Minor." Streets, Major: The transportation network that in- cludes a hierarchy of freeways, arterials, and col- lectors to service through traffic. 270 General Plan Guidelines Streets, Minor: Local streets not shown on the Circu- lation Plan, Map, or Diagram, whose primary in- tended purpose is to provide access to fronting properties. Streets, Through: Streets that extend continuously be- tween other major streets in the community. Structure: Anything constructed or erected that requires location on the ground (excluding swimming pools, fences, and walls used as fences). Subdivision: The division of a tract of land into de- fined lots, either improved or unimproved, which can be separately conveyed by sale or lease, and which can be altered or developed. "Subdivision" includes a condominium project as defined in §1350 of the California Civil Code and a com- munity apartment project as defined in § 11004 of the Business and Professions Code. Subdivision Map Act: Section 66410, et seq. of the California Government Code, this act vests in lo- cal legislative bodies the regulation and control of the design and improvement of subdivisions, including the requirement for tentative and final maps. Subregional: Pertaining to a portion of a region. Subsidence: The sudden sinking or gradual downward settling and compaction of soil and other surface material with little or no horizontal motion. Sub- sidence may be caused by a variety of human and natural activity, including earthquakes. (See "Settlement") Subsidize: To assist by payment of a sum of money or by the granting of terms or favors that reduce the need for monetary expenditures. Housing subsidies may take the forms of mortgage interest deductions or tax credits from federal and/or state income taxes, sale or lease at less than market value of land to be used for the construction of housing, payments to supplement a minimum affordable rent, and the like. Substandard Housing: Residential dwellings that, be- cause of their physical condition, do not provide safe and sanitary housing. Sustainability: Community use of natural resources in a way that does not jeopardize the ability of future generations to live and prosper. Sustainable Development: Development that main- tains or enhances equity, economic opportunity, and community well-being while protecting and restoring the natural environment upon which people and economies depend. Sustainable devel- opment meets the needs of the present without com- promising the ability of future generations to meet their own needs. Glossary Tax Inerement Additional tax;revenues that result from design and orientation facilitate transit use. (State= increases in.propertyvalues.within;aredevelopment wide Transit -Oriented Development Study, Cali - area. State:law permits, -the; tax increment to be ear- fornia Department of Transportation, 2002). markedfor redevelopment -purposes butrequires at Transition Zone: Controlled airspace extending upward least 20 -percent to.be used,.to increase and improve from 700 or more feet—abovee the ground wherein the, community's, supply of low- and .very-low-inr procedures for aircraft approach have been desig- come.housm nated. The transition zone lies:closer to an airport Teleco a nn nnng, �lorking at homneT.ornl-a location other than the outer approach zone and outside of the than the primary place. of work -and- communicating inner approach zone. (See "Approach Zone" and with.the workplace and c.onducting.mork via wire= "Outer Approach Zone") . less or telephone lihes,xusing.modems, fax machines, Transitional Housing: Shelter:provided to the home - or otherelectronic.devices;in con junction with com- less for an extended. period, often as long as =18, paters: months, and generally `integrated with other so - Traffic' Mo del: A:matl erratical representation of traf: cial services and counseling programs to assist in. fic. movement: within, an,area:or region: based, on : - the transition to, self-sufficiency through the ac= observed. relationships between. the; kind'.an& in= quisition of a stable income and permanent hour - tensity of development inspecifib areas: Many traf, ing. (See "Emergency Shelter.") f c models operate~ on the theory that -trips are Transportation Demand Management (TDM): -A produced.bypersons living'in residential areas' and strategy for reducing demand on .the road system are'attraeted byvarious,rnon-residential land use by reducing the number -of vehicles using the road- (See`.`Trip.") ; ways and/or increasing the number of 'persons per Transfer'.,of` Revelop ent:. R`nglats-: Also known as vehicle. TDM attempts to reduce the number of "Transfer of Development Credits,"'a pro, am that persons who drive alone on the. roadway during can relocate,;Wen nals.development from areas the commute period and to increase the number in whereproposed land use or environmentalimpacts carpools, vanpools, buses and trains; walking, and are considered undesirable (the "donor" site) to biking. TDM can be an element` of TSM (see be- another ("receiver.") site chosen`on-the bas>s,of'its - low). ability, to accon-mod'ate;additio ial units. -,,of devel- Transportation Systems Management (TSM): A com- opmentbeyond that-for-which,'itwas;zoned, with prehensive strategy developed to address the prob- minmal` environmental;. social;.. and: ae.sthehc, im- lems caused by additional development, increasing pacts: trips, and a shortfall in transportation capacity. Transit. T-he�conveyance ofpersons-:or>goods..from,one Transportation Sy stems, Management focuses on place.ta another.by means=of alocalpublic trans- more efficiently utilizing:: existing highway and portation.system., transitsystems rather.than expanding them. TSM Tragnsit, Publie: Asystem of regularly= Glossary tem and the impact of additional development or transportation facilities on an existing, local trans- portation system. Trip generations of households are correlated with destinations that attract house- hold members for specific purposes. Truck Route: A path of circulation required for all ve- hicles exceeding set weight or axle limits, a truck route follows major arterials through commercial or industrial areas and avoids sensitive areas. Tsunami: A large ocean wave generated by an earth- quake in or near the ocean. Uniform Building Code (UBC): A national, standard building code that sets forth minimum standards for construction. Uniform Housing Code (UHC): State housing regu- lations governing the condition of habitable struc- tures with regard to health and safety standards and providing for the conservation and rehabilita- tion of housing in accordance with the Uniform Building Code (UBC). Urban: Of, relating to, characteristic of, or constitut- ing a city. Urban areas are generally character- ized by moderate and higher density residential development (i.e., three or more dwelling units per acre), commercial development, and industrial de- velopment, and the availability of public services required for that development, specifically central water and sewer, an extensive road network, public transit, and other such services (e.g., safety and emer- gency response). Development not providing such services may be "non -urban" or "rural." (See "Ur- ban Land Use.") CEQA defines "urbanized area" as an area that has a population density of at least 1,000 persons per square mile (Public Resources Code §21080.14(b)). Urban Design: The attempt to give form, in terms of both beauty and function, to selected urban areas or to whole cities. Urban design is concerned with the location, mass, and design of various urban components and combines elements of urban plan- ning, architecture, and landscape architecture. Urban Growth Boundary: An officially adopted and mapped line dividing land to be developed from land to be protected for natural or rural uses. Ur- ban growth boundaries (also called urban limit lines) are regulatory tools, often designated for long periods of time (20 or more years) to provide greater certainty for both development and con- servation goals. (Source: Greenbelt Alliance). Urban Land Use: Residential, commercial, or indus- trial land use in areas where urban services are available. 272 General Plan Guidelines Urban Reserve: An area outside of an urban service area but within an urban growth boundary, in which future development and extension of mu- nicipal services are contemplated but not immi- nent. Urban Services Area: (1) An area in which urban ser- vices will be provided and outside of which such services will not be extended. (2) Developed, un- developed, or agricultural land, either incorporated or unincorporated, within the sphere of influence of a city, which is served or will be served during the first five years of an adopted capital improve- ment program by urban facilities, utilities, and ser- vices. The boundary around an urban service area is called the "urban service area boundary" and is to be developed in cooperation with a city and adopted by the county's local agency formation com- mission (Government Code §56080). Urban Services: Utilities (such as water, gas, electric- ity, and sewer) and public services (such as po- lice, fire, schools, parks, and recreation) provided to an urbanized or urbanizing area Urban Sprawl: Haphazard growth or outward exten- sion of a city resulting from uncontrolled or poorly managed development. Utility Corridors: Rights-of-way or easements for util- ity lines on either publicly or privately owned prop- erty. (See "Right -of -Way" or "Easement") Vehicle -Miles Traveled (VMT): A key measure of overall street and highway use. Reducing VMT is often a major objective in efforts to reduce ve- hicular congestion and achieve regional air qual- ity goals. Very -Low Income Household: A household with an annual income usually no greater than 50 percent of the area median family income adjusted by house- hold size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligi- bility limits established by HUD for the Section 8 housing program. View Corridor: The line of sight - identified as to height, width, and distance - of an observer look- ing toward an object of significance to the com- munity (e.g., ridgeline, river, historic building, etc.); the route that directs the viewers attention. Viewshed: The area within view from a defined obser- vation point. Volume -to -Capacity Ratio: A measure of the operat- ing capacity of a roadway or intersection, in terms of the number of vehicles passing through, divided by the number of vehicles that theoretically could Glossary pass-through when the roadway or intersection is guished by the< location of one exterior wall on a operatingat'its designed capacity. Abbreviated as side property line. "V/C:" At a-V/C ratio of. I." the roadway or inter- Zone Combining:° A special purpose zone that is su- section is operating: at: capacity. If the ratio is less thaw -1.0, the; traffic: facility has additional capacity. Although: ratios slightly` greater than 1.0 are pos- sible,Aitisvrnore likely thatr'the peak hour will, elon gate into a"peak period.""(See-"Levelof Service") Wader®EI'In'Caent Lan'dscapin.g --Landscaping designed to minimize=water use and maximize energy effi- ciency. Watercourse: Natural.or once natural flowing,_(peren nially or .intermittently) water including rivers; streams; and creeks- Includes: natural, waterways that have, been, channelized,, but does not include manmade channels ;.,di'tches,, and underground drain- age andsewage°systems.. Watershed: The total area=above a given point on a wa- tercourse that :contributes water to its flow; the en- tire region drained:by,a,waterway or watercourse thatArains into a_,lake; or reservoir. 6L 77 perimposed over. the regular zoning map. Com- bining zones are used fora variety of purposes,. such as airport compatibility, floodplain or wet lands protection, historic designation, or special parking regulations. Also called "overlay zone." Zone, Interim: A zoning de's`ignation that temporarily reduces or freezes allowable development m an area until a permanent classification can be fixed; generally assigned during,, general plan prepara- tion to provide a basis ,for :permanent zoning.. Zone, Traffle: In a mathematicaltraffic model the area to be studied is divided into,zones, with each:zone treated as producing and attracting trips. The -pro- duction of trips by a'zone is based on the number of trips to or from work or shopping; or other trips produced per dwelling: unit. Zoning: The division of a city.or.county by legislative regulations into areas, or zones, that'specify al- waterway,See Watercourse. lowable uses for realpropertyand sizerestrictions Wetl'ands,.: Transitional: areas:betweeku terrestrial and f b 'ld' th' th r as• a ro ram that I aquatic.;''systems wliere=the water table is usually at oPznear the surface, or the land is= covered by shallow water .TJnder a "unified" methodology now, used by all federal: agencies, wetlands are defined as "those areas meeting -certain criteria for hydrology, I vegetation.,. and soils." Wu llife.Refuge:�An area.maintained in:a-natur=al.state;: for the-preservation-ofboth anin-at _and.plant life Williamson; Act: Known: formally as the: California Land ConservationtAct 0f,_1 9,65"L it. was designed` as an incentive tot retainprirne.agricultural land and open -space ui agricultural.use; thereby slow- ing; its:` conversion:: to urban and: suburban, devel opment: Tfie program entails_:a ten-year contr--act betweeitthe City or County. an& an., owner'. - o f land. whereby the land is.taxed anthe basis .ofits agm. culturaluse,rather<than its market value: The.land< becomes.subjectto certain'enforceable:restrictions- and;certainconditions need,to be°metpriorto=apr proval of an agr-cement: woodlands: Lands covered with woods or tre°es:, Zero: Lot Lime: A detached single r family unit distiii= or ui mgs 1wi implements policiesof the general plan. Zoning District: A deslgn.ated.sectlonof a city or county for which prescribed land use requirements -,and building and development. standards are uniform. Zoning, Exclusionary: Development regulations- that result in the exclusion of low- and moderate -in- come and/or minority families from a community. Zoning,, ,Inacentive: The awarding, of bonus credits to a development in the, form ofallowing more in- tensive use of land if public benefits -such =as pres- ervation of greater than the minimum required open -space; provision for low -'and moderate -in- come housing, or plans for public plazas and courts at ground level -are included -in a project. Zoning, Inclusionary: `Regulations that increase hous- ing choice by providing the -opportunity to con- struct more diverse' and economical housing to meet the needs of low- and moderate -income families. Often .such -regulations require a minimum percent- age ofhousing for low= andmoderate-income house- holds: in new housing developments and in conversions of apartments.to condominiums. Bibliography AIR QUALITY see also Transportation and Circulation Air Quality Guidelines for General Plans, by Dave Mitchell, San Joaquin Valley Unified Air Pollution Control District, 1994. CEQA Air Quality Handbook, by Connie Day, South Coast Air Quality Management District, April 1993. Creating Transportation Choices Through Development Design & Zoning: A Guide for the Communities of San Luis Obispo County, San Luis Obispo Council of Governments and the San Luis Obispo County Air Pollution Control District, July 1995. Energy -Aware Planning Guide, by Nancy Hanson, et al., California Energy Commission, 1993. Energy -Aware Planning Guide: Energy Facilities, by Nancy Hanson, et al., California Energy Commission, 1996. Guidelines for the Development of Local Air Quality Elements, Southern California Association of Governments, 1990. Improving Air Quality Through Local Plans and Programs: A Guidebook for City and County Governments, Association of Bay Area Governments and Bay Area Air Quality Management District, April 1994. The Land Use -Air Quality Linkage: How Land Use and Transportation Affect Air Quality, by Terry Parker, et al., California Air Resources Board, 1997. Land Use, Transportation, and Air Quality: A Manual for Planning Practitioners, by Susan DeSantis, et al., The Planning Center, 1993. Let's Clear the Air: A Public Participation Guide to Air Quality Decision Making in California, California Air Resources Board, 2003. Tools for Reducing Vehicle Trips through Land Use Design, by Andy Hamilton, San Diego County Air Pollution Control District, December 1997. The Transportation -Land Use Connection: A Frameworkfor Practical Policy, by Paul Thorsnes, American Planning Association Planning Advisory Service, 1994. Transportation -Related Land Use Strategies to Minimize Motor Vehicle Emissions: An Indirect Source Research Study, by JHK & Associates for the California Air Resources Board, 1995. 274 General Plan Guidelines AIRPORTS see also Noise California Airport Land Use Planning Handbook, California Department of Transportation, Division of Aeronautics, 2002. ECONOMIC DEVELOPMENT AND REDEVELOPMENT The Ahwahnee Principles for Smart Economic Development: An Implementation Guidebook, by Rick Cole, Trish Kelly, and Judy Corbett with Sharon Sprowls, Local Government Commission's Center for Livable Communities, 1998. Building Economically Competitive Communities Through Greater State -Local Cooperation, California Association for Local Economic Development, 1999. Economic Development Handbook, California Association for Local Economic Development and the League of California Cities, 1997. Local Economic Development: Analysis and Practice, by John P. Blair, Sage Publications, 1995. Planning Local Economic Development: Theory and Practice, 3'Edition, by Edward J. Blakely and Ted K. Bradshaw, Sage Publications, 2002. Redevelopment in California, 2nd Edition, by David F. Beatty, et al., Solano Press, 1995. Revitalizing Downtown, National Trust for Historic Preservation's Main Street Center, 1991. Understanding Your Economy: Using Analysis to Guide Local Strategic Planning, 2' Edition, by Mary L. McClean and Kenneth P. Voytek, American Planning Association Planners Press, 1992. ENERGY Energy -Aware Planning Guide, by Nancy Hanson, et al., California Energy Commission, 1993. Energy -Aware Planning Guide: Energy Facilities, by Nancy Hanson, et al., California Energy Commission, 1996. The Energy Yardstick: Using PLACE'S to Create More Sustainable Communities, by Oregon Department of Energy, Washington State Energy Office, and California Energy Commission (for the Center of Excellence for Sustainable Development, Office of Energy Efficiency and: Renewable Energy; U.S. Department of"Energy),_1:9:96:.: ENVIRONMENTAL IMPACTASSESSMENT Cal foi ria State. Ctearznghouse Handbook, California Govemor, sz Office ofPlann ng;and-Research920.00. CEQA; D.eskbook:_ A Step hr Step -Guide on Howe to Co'rytply with the Cal. f rh'i Environmental Quality Amb Ron B°ass,: et.al.,, S:olano4 Press; 1997 with 2001 Supplement: Circulation and Notce':under the California Environmental Qu-alttyAct; 2nd Edztift CEQA TechnicalAdvice Series, Califomia'Governor's Office.°of Planning:.and. Research,.2001 Focusing-on�,MasterEli s:,. -VY Edition CEQATechnical Advice. Series;. Californias Governor's Office; of Planning,_ and- Research; 1997. Guide to the Cal fornix Environmental Quality Act, 1.0th Edition, by Michael. H. Remy, et al., Solano Press, 1999. The. NEPA. Book: A Step. By=Step Guide; on How to Comply.,, with the Nattonal= Environm°ental Policy Act:,2W Edition, by Ronaldr. Bass : et al., Solaro Press, 2001. Practice Under the CalforniaEnvironmental'Quality Aet,'by Stephen L. K69tka and 1Vlichael H: Zisehke, Continuing Education of the B.ar-California 1996. Tracking CEQA Mitigationadeasures, Under AB 31.80, 3rd Edition, California G", exnor's Office of Planning and Research -;:.,1:99& ENVIRONMENTAL JUSTICE see also Transit -Oriented: Development and` Public Participation. "Addressing E'nvironmeii Justice in.0 1,1%m a," by Gregory..f Ding, Environmental `Monitor-. Summer 2001. Compliance Procedure for Envtnonmental Justice in,. the Transportation Planning P-rocess,Z Southern Califomia Association of'Governmerits, 2000: Desk° Guide:.EnvironmentalJusticezn Transportation Planning.and.lnvestments by ICF Consultin with Myra. L. Frank. Si Assoc ates, for the California Department. ofTransporta i., 2003;.. Envtno.nmv,ntal` Equity: Red -ire g Risks for AN Communities,U.S,'Environmental> Protection Agency,; 1992. Environmental Justice Guidance Under: he..lVational Environmental Policy Act: Guidance for Agencies, - Bibliography on Key Terms in- Executive ::Order 12898, Council on Environmental Quality, Executive Office of the President, 1997. Environmental Justice.- Law, Policy >& Regulation, by Clifford Rechtschaffen and Eileen P. Gauna, Carolina Academic Press, 2002. Executive Order', 128980- Federal Actions 'to Address Environmental Justice in Minority Populations and Low -Income Populations, 5,9 Fed. Reg. 7629, 3 C.F.R. §859, reprinted in 42 U.S.C. §4321,,1994. The Law of Environmental Justice: 'Theories and Procedures to Address Disproportionate Risk, edited by Michael; B. Gerrard; American Bar Association's Section of Environment, Energy and Resources, 1999: Planning and Community Equity, by the American Institute of Certified`Planners, Ameriean'Planning Association Planners Press, 1994. "'The Politics and Reality of Environmental Justice: A History and.' Considerations for Public- Administrators and Policy Makers-," by William M. Bowen ,and Michael V. Wells, Public Administration Review, Nov. -Dec. 20.02. Siting of Hazardous Waste Landfills and their, Correlation with Racial and Economic Status of Surrounding ,.`Communities,. U.S. General Accounting Office, GAO-RCED-83-168, 'B- 211461, 1983. Technical Methods to Support,,. Analysis of Environmental Justice Issues, National Cooperative Highway Research Program, 2002. FUNDING AND FINANCIAL IMPACT California Debt1ssuance Primer, Revised Edition, California Debt and InvestmentAdvisory Commission' and Orrick, Herrington Si Sutcliffe, 1998. DevelopmentlmpactAssessment Handbook, by Robert W Burchell, et al., Urban Land Institute; 1994. Development. Impact Analysis, by Robert W. Burchell and David Listokin, Center for Urban Policy Research, Rutgers University, 1988. Development Impact Fees: Policy Rationale, Practice,. Theory, and Issues, by Arthur C. Nelson, ed., Planners Press., 1988: Exactions and"Impact Fees in. California: A Comprehensive; Guide to Policy; Practice, and the Law, by WilliamsW Abbot, et al., Solano Press, 2001. The Fiscal Impact Handbook,, by Robert W. Burchell anal" David Listokin}, Center for Urban Policy Research Rutgers' University, 1978. General" Plan Guide1lines= 275 Bibliography The New Practitioner's Guide to Fiscal Impact Analysis, by Robert W. Burchell and David Listokin, Center for Urban Policy Research, Rutgers University, 1985. A Planner's Guide to Financing Public Improvements, California Governor's Office of Planning and Research, June 1997. A Practitioner's Guide to Development Impact Fees, by James C. Nichols et al., American Planning Association Planners Press, 1991. Public Needs and Private Dollars, by William Abbott, et al., Solano Press Books, 1995. GENERAL PLANNING Building Greener Neighborhoods: Trees as Part of the Plan, 2"d Edition, by Jack Petit, et al., Home Builder Press, 1998. Blueprint for a Sustainable Bay Area, Urban Ecology, Oakland, CA, 1996. The California General Plan Glossary, by Charles E. Knox and Naphtali H. Knox, eds., California Planning Roundtable, 1997. Comprehensive City Planning, by Melville C. Branch, American Planning Association Planners Press, 1985. Element Consolidation: Streamlining Local General Plans, California Governor's Office of Planning and Research, 1998. Growth Within Bounds, California Speaker's Commission on Local Governance for the 21St Century, January 2000. Guide to California Planning, 2nd Edition, by William J. Fulton, Solano Press, 1999. The Job of the Planning Commissioner, 3'Y' Edition, by Albert Solnit, American Planning Association Planners Press, 1987. LAFCOs, General Plans, and City Annexations, California Governor's Office of Planning and Research, 1997. The Planner's Guide to Specific Plans, Revised, California Governor's Office of Planning and Research, 2001. Planning and Community Equity, by the American Institute of Certified Planners, American Planning Association Planners Press, 1994. Planning and Community Equity, by the American Institute of Certified Planners, American Planning Association Planners Press, 1994. 276 General Plan Guidelines The Practice of Local Government Planning, 3'd Edition, by Charles J. Hoch, Linda C. Dalton, and Frank S. So, eds., Municipal Management Series, International City/County Management Association, 2000. Preparing a Historic Preservation Element, by Bradford J. White and Richard J. Roddewig, American Planning Association Planning Advisory Service, 1994. Preserving the Environment Through Increased Regional Planning: The Integration of Smart Growth Principles and Resource Conservation Policies, by Cecily T. Talbert and Elizabeth M. Naughton, McCutchen, Doyle, Brown & Enerson, LLP, March 21, 2002. Selecting and Retaining a Planning Consultant, by Eric Damien Kelly, American Planning Association Planning Advisory Service, 1993. Small Town Planning Handbook, 2nd Edition, by Thomas L. Daniels, et al., American Planning Association Planning Advisory Service, 1995. Transportation and Land Use Innovations, by Reid Ewing, American Planning Association Planners Press, 1997. The Urban General Plan, by T.J. Kent, Jr., American Planning Association Planners Press, 1990. Urban Planning and Politics, 21 Edition, by William C. Johnson, American Planning Association Planners Press, 1997. GEOLOGIC, SEISMIC,AND OTHER HAZARDS California Earthquake Loss Reduction Plan: 2002- 2006. California Seismic Safety Commission, No. SSC 02-02,2002. Checklist of Nonstructural Earthquake Hazards, Association of Bay Area Governments, 1985. City Comprehensive Earthquake Preparedness Guidelines, California Office of Emergency Services, 1985. Community Flood Mitigation Planning Guidebook, Wisconsin Department of Natural Resources, Bureau of Water Regulation and Planning, 1995. County Comprehensive Earthquake Preparedness Guidelines, California Office of Emergency Services, 1985. A Discussion of the County General Plan and Role of Strategic Fire Protection Planning, by Bob Irwin for California Department of Forestry and Fire Protection, 1989. Bibliography Earthquake V, -17,-ra--bzlzty- Ava:-lysi.s for'Local Hazardous Waste and Substances : Sites List; California G'ove,rnments, Bay Area Regional':.Earthquake Department of TdxicSubstances Control. Preparedness Pro�ect.1989: Fault=Rupture Hazard Zones in California;;California HOUSINGAND RESIDENTIAL DEVELOPMENT Department of Cons`e vat" Div sign of Mines and Blueprint 2001 Housing Elenmentldeas and Solutions G'eology;; Special Pufbl cation-No..42, 1997. for a Sustainable and Affordable Future, by the Bay Fire.: Safe Guides= fox Reszden.tzal 'Development in Area Council and the Association of Bay Area Calfornia,:. CalifornYa..Department' of Forestry. Governments, et al, Oakland.-CA..-,2001 2. 1993`.. Housing Special Populations:,AResource Guide, U.S. P FloodProofzng3Techniques, � fograms, and References, Department of;�Iousing and Urban Development; U.S.. Army:Corps oSEngineers-, 1996; . Washington; DC, 1988. Guidebook. to' Jdeht fy and:.Mtigate Seismic,-Hazards Regulating Manufactured Housing, AmericanPlanning in Buildings, C:allforn.ia Seismic',Safety Association Planning Advisory S'ervic'e, 1986. Commiss oa,�,.1 8T.. Second Units,'�California Department of1l'busing and.: Guidelines: for .Evaluat'ing: and Mitigating. Seismic Community Development; °Division of Housing - Hazard s'4 Calzf_oz^nza, California Department of Policy Development;-Sacrameato; CA 1989. Cons:ervatiori,;Divi ion-of 1Vlines an°d Geology, Shelter for the Homeless:Housing; Element SpecialrPublicatioA: 11:17...1996:: Requirements, California Department of H6using Landslide Loss'Reduction' A� Guide for State and Local and CommunityDevelopnient,:D vision of Housing Govern=ment:Planning;Federal 'Emergency Policy Development, Sacramento, CA 1989. ManagementAdmmistration, Earthquake<Iazards Time-Saver Standards for.Housing;.and Residential Reduction.Series 52;;FE5MA.182; 1989. Development, by Joseph DeChiara; et al:, McGraw- The Liabahty ofLocal. Governments forEarthquake' Hill Professional, 2" d Ed.' 1994. Hazards- and Losses A Guide to the ,Law and . i61nipact- in` the States, ofAlaska; 'Cal fornia, INFRASTRUCTURE PLANNING � ' Zltah and Washington,= by tlie. lssociaton of see also Funding and- Financial Impact . Bay Area,Gverntnents 1989: Adequate Public Facilities Ordinances and 1Vlodel Floodplain Managemena O.rdina,nce for Transpottation Management, by S. 1Vlark iRTliite Cal forn-a..Communitzes,yCahfornia Depar,.tmentof American I'lanningA'ssociation PlannirigAdvisory Water. Resourcts, F1Q`odplain.Managen ent°Branch, Service; 1996: 19°95. Capitallmpz^oveznentsPograms, by:RobertA. Bowyer, Preparing arin „or Calz ,onia s= Earhquakes-: Local p gf f Americanl'lanaingAssociation l'lannirig'Advisory Government and ic'Safety;by Allan.J Wyner Service 1993. Bibliography Balanced Growth: A Planning Guide for Local Government, by John M. DeGrove, International City Management Association, 1991. Code Enforcement: A Comprehensive Approach, by Joseph M. Schilling with James B. Hare, Solano Press, 1994. Design Review, by Mark Hinshaw, American Planning Association Planning Advisory Service, 1995. Development Agreements: Practice, Policy, and Prospects, by Douglas R. Porter with Lindell Marsh, Urban Land Institute, 1989. Do Growth Controls Work?, by John Landis, California Policy Seminar, 1992. Enforcing Zoning and Land Use Controls, by Eric Damien Kelly, American Planning Association Planning Advisory Service, 1988. Flexible Zoning: How it Works, by Douglas R. Porter, et al., Urban Land Institute, 1988. Growth Management Principles and Practices, by Arthur C. Nelson and James B. Duncan, American Planning Association Planners Press, 1995. How Shall We Grow?, by John Landis, California Policy Seminar, 1992. Managing Community Growth, by Eric Damien Kelly, Praeger Publishers, 1993. Model Zoning Ordinance for Recycling Centers, California Department of Conservation, 1987. Performance Standards for Growth Management, American Planning Association Planning Advisory Service, 1996. Planning for Hillside Development, by Robert Olshansky, American Planning Association Planning Advisory Service, 1996. Preemption of Local Land Use Authority in California, California Governor's Office of Planning and Research, 1998. Putting Transfer of Development Rights to Work in California, by Rick Pruetz, Solano Press, 1993. Tools for the Greenbelt, A Citizen 's Guide to Protecting Open -Space, People for Open -Space, 1985. Understanding Development Regulations, by Robert E. Merritt and Ann R. Danforth, Solano Press, 1994. LEGAL REFERENCES Bridging the Gap: Using Findings in Local Land Use Decisions, 2nd Edition, California Governor's Office of Planning and Research, 1989. 278 General Plan Guidelines California Environmental Laws, by Brian E. Gray, West Publishing Company, 1997. California Subdivision Map Act Practice, by Daniel J. Curtin, Jr., et al., California Continuing Education of the Bar, 1987 with 1997 Supplement. California Zoning Practice, by Donald G. Hagman, et al., California Continuing Education of the Bar, 1969 with 1991 Supplement. Curtin's California Land -Use and Planning Law, by Daniel J. Curtin, Jr. and Cecily T. Talbert, Solano Press, 2003. Environmental Law Update, State Bar of California, Environmental Law Section, monthly. Land Use and the Constitution: Principles for Planning Practice, by Brian W. Blaesser and Alan C. Weinstein, American Planning Association Planners Press, 1995. Land Use Initiatives and Referenda in California, by Michael P. Durkee, et al., Solano Press, 1991. Land Use Law, 3'd Edtion, by Daniel R. Mandelker, Michie Company, 1993. Land Use Law and Zoning Digest, American Planning Association, monthly. The Law of Zoning and Planning, 4th Edition, by Arden H. Rathkopf and Daren A. Rathkopf, Clark Boardman Co., 1986. Longtin's California Land Use, by James Longtin, Local Government Publications, 1988 with 1997 Supplement. Planning, Zoning, and Development Laws, California Governor's Office of Planning and Research, 2000 with 2002 Supplement. Subdivision Map Act Manual: A Desk Reference Covering California's Subdivision Laws and Practices, by Daniel J. Curtin, Jr. and Robert E. Merritt, Solano Press, 2003. Takings: Land Development Conditions and Regulatory Takings after Dolan and Lucas, by David L. Callies, American Bar Association, 1996. Transportation Law in California: A Guide to Federal, State, and Regional Requirements, by Jeremy G. March, Solano Press, 2000. Zoning and Planning Law Report, Clark Boardman Co., monthly. MISCELLANEOUS California Permit Handbook, California Technology Trade and Commerce Agency, Office of Permit Assistance, 1996. En.cyc,1- ed a of Commun.aty and= Environmental Management,.by Marilyn: Spigel `S:chultz and Vivian Loeb-Kasen;.T ts,on.iFil"e'-Pub.heations, 1984. The Illustrated Book of Development>,Definitions;;by Harvey. S M,.oskow=itz-; and- Carl G. 'Lindbioom . Center. for Urban..Policies Research, Rutgers Ui versity1997r:- The Language of Zoning. Ar; Glossary of Words and Phrases by Michael J.,.Meshenberg, American. PlanningAssociati lannerAdv sory Service, 1976. Public Opinion -Polling.: A Manual for Public Interest Groups, by CelindaLake and Pat -C. Harper, Island Press;, 1987. Siting -Cellular Towers: What You Need to Know, What You: Need to. Do, by the. National::: League of Cities, American-PlannmgAssocia ton Planners Press, 1997. Sources:, Aiz .Annotated'B,ibliography for California Planners; .Calif6miaGovemor's Office of Planning an'd-Research,;1998�., A Survey of Zoning itions,, by Tracy Burrows American, Planning ssociationPlanningAdvisory Service; 1989:, Telecommunications:. The- Governmental Role in Managing the:,,Connected,Community, by Paul' Valle-Riestra, Solano-P`re-ss, 2002. NOTE. AircraftNoise,,Impacts: PlanningGuadelinesforLocal- Agencies;- U.S:.,Department. of, Housing and: Urban_ Development Offices of Research, and: Technology, 1972: Airport Noise Regulations;; by- Vince- Pap'sidero, American' Planning.AssociationP-lanning,Advisory Service;, 1992. Airport Noise Standards; California Department of Transportation, Divis`lon=ofAeronautics,, California; Code of Regulations;, Title; 21., §:5000=§5090: Model CommunityNoiseControl Ordinance, California Department of Health Services, Office of°Noise: Control, 1977. OPEN SPACE see al'sa. Parks.. andRe.cread. n. and, Reso.urge. Management Farmland and Open -Space Preservation-, inf the Four North Bay Counties:; by.. -Mary Handel and: Alvin Sokolow, University, of California, :Davis;, Department of Applied Behavioral Sciences=,. Cooperative Ektension, 1994. Bibliography Putting Action into the Open -Space Element: Techniques for Preserving Open -Space and Farmland, by Jack Ferguson-, et al., California Governor's Office of Planning and Research, 1997. Putting TDR s to Work in California, by Rick Pruetz, Solano Press Books, 1993. Rural By Design, by Randall. G. Arendt,American Planning Association Planners Press, 1994. PARKS AND RECREATION Guidelines for Open -Space Planning and Management, East Bay Regional Parks District; 1991. Parks, 'Recreation, and Open Spaces: An Agenda for the 21s' Century, byAlexander, Garvin, American Planning Association Planning Advisory Service" 2000. Park, Recreation, Open -Space, and Greenway Guidelines, 3' Edition, National Recreation and Park Association, 1996. Parks: Design and Management; by Leonard E. Phillips, McGraw-Hill Professional, 1996. REDEVELOPMENT see Economic Development PUBLIC PARTICIPATION see also Environmental Justice The Brown Act; Open Meetings for Local Legislative Bodies, California Attorney General's Office, 2003. A Guide to Community Visioning, Revised Edition, by Steven C. Ames, American Planning Association Planners Press; 1.998. The Model Plan for Public Participation,: U.S. Environmental Protection Agency; 1996. Open and Public: A User's Guide-to.the Ralph M. Brown Act, League of California' Cities, 1994. Public Notice and Land Use Planning; An Overview of the Statutory Requirements fon Public Notice, Circulation, and Review, California Governor's Office of Planning and .Research, 1998. Successful Public Meetings, 2nd Edition, by Elaine Cogan, American Planning Association Planners Press, 2000. RESOURCE MANAGEMENT sea --also Open Space' Cal fornia Surface Mining and Reclamation Policies and Procedures, California Department -of Conservation, Division. of Mines and Geology, 1983. General Plan Guidelines 279 Bibliography A Decade with LESA: The Evolution ofLand Evaluation and Site Assessment, by Frederick R. Steiner, et al., Soil and Water Conservation Society, 1994. The Car and the City: 24 Steps to Safe Streets and Healthy Communities, by Alan Thein Durning, Northwest Environment Watch, 1996. Design with Nature, by Ian McHarg, John Wiley and Flexible Parking Requirements, American Planning Sons, 1995. Association Planning Advisory Service, 1983. Evaluation of Agricultural Land Trusts, California Coastal Conservancy, 1989. Land Conservation Resource Guide, Agricultural Resources Branch, California Department of Food and Agriculture, 1988. Land Conservation Through Public/Private Partnerships, Eve Endicot, Lincoln Institute of Land Policy, 1993. A Manual of California Vegetation, by John Sawyer and Todd Keeler -Wolf, California Native Plant Society Press, 1995. San Francisco Estuary Project: Comprehensive Conservation and Management Plan, San Francisco Estuary Project, San Francisco Regional Water Quality Control Board, 1993. Saving the Farm: A Handbook for Conserving Agricultural Land, American Farmlands Trust, 1989. Wetlands: Mitigating and Regulating Development Impacts, by David Salvesen, Urban Land Institute, 1994. Wetlands Regulation: A Complete Guide to Federal and California Programs, by Paul D. Cylinder, et al., Solano Press Books, 1995. TRANSIT ORIENTED DEVELOPMENT see also Environmental Justic, Housing and Residential Development, Transportation and Circulation, and Urban Design The NextAmerican Metropolis, by Peter Calthorpe, Princeton Architectural Press, 1993. Statewide Transit -Oriented Development Study: Factors for Success in California, California Department of Transportation, 2002. The Transit Metropolis: A Global Inquiry, by Robert Cervero, Island Press, 1998. Transportation and Environmental Justice Case Studies, Federal Highway Administration, Publication No. FHWA-EP-01-010, 2000. TRANSPORTATION AND CIRCULATION see also Air Quality Best Practices for Achieving Context -Sensitive Solutions, Transportation Research Board, 2003. 280 General Plan Guidelines Highway Capacity Manual 2000, Transportation Research Board, 2000. Neighborhood Street Design Guidelines, Institute for Transportation Engineers, 2003. Parking Generation, 2nd Edition, Institute of Transportation Engineers, 1987. Planning Urban Arterial and Freeway System, Revised, Institute of Transportation Engineers, 1997. Residential Streets, 2nd Edition, by Walter M. Kulash, Urban Land Institute, National Association of Homebuilders, American Society of Civil Engineers, and Institute of Transportation Engineers, 2001. Shared Parking, Urban Land Institute, 1983. Smart Growth Transportation Guidelines, Institute of Transportation Engineers, 2003. Traffic Calming, by Cynthia L. Hoyle, American Planning Association Planning Advisory Service, 1995. Traffic Engineering Handbook, 4th Edition„ by James L. Pline, Institute of Transportation Engineers, 1992. Transportation and Land Development, 2nd Edition, Institute of Transportation Engineers, 2002. The Transportation -Land Use Connection: A Framework for Practical Policy, by Terry Moore and Paul Thorsnes, American Planning Association Planning Advisory Service, 1994. Transportation and Land Use Innovations, by Reid Ewing, American Planning Association Planners Press, 1997. Transportation Law in California: A Guide to Federal, State, and Regional Requirements, by Jeremy G March, Solano Press, 2000. Transportation Planning Handbook, 2' Edition, by John D. Edwards, Jr., Institute of Transportation Engineers, 1992. Trip Generation, 6" Edition, Institute of Transportation Engineers, 1997. URBAN DESIGN Best Development Practices: Doing the Right Thing and Making Money at the Same Time, by Reid Ewing, American Planning Association Planners Press, 1996. u� Bibliography Creating a Health=y Environment: The Impact- of, the Rural By Design, by Randall G Arendt, American Built`Environment ofPublic Health;by Dr.. Richard Planning.Association: Planners Press, 1994. J.. Jackson and Chris: Ko tchtitzky; Centers for SafeScape. Creating Safer More Livable, Communities Disease Control and Prevention, Sprawl Watch Through Planning and Desig n, by Dean Brennan Clearinghouse�lMOnograph� Series; 2,003. and Art Zelinka, American Planning`Assocation Crime Pre-ventio.n= through Environmental Design:: Planners Press, 2001. App at, of Aiehitectural Design and Space Site Planning, 3rd Edition, by Kevin Lynch and Gary Management Concepts 2 `Edztidn,.byTimothy D` Hack,, MIT Press, 1984. Cr-owe;, Butterworth=Heinemann; 2:0:00. Towns and Town-Making Principles, by Andres I3uany Crossroads; Hamlet;: Village., Town: Design and Elizabeth Plater-Zyberk, Rizzoli Press, 1991. Characteristics- of Traditional°Neigborhoods; Old and:New by Randall Arendt,.Amer can Planning The Urban Pattern: City Planning and: Design,6` Association Planning Advisory Service, Repos Edition, by Arthur B-Gallion, Stanley Eisner,.and Nos .487=88; 1999: Simon Eisner, Van NostrandReinhold,1993. Defensible Space. Deterring Crime:;. and Bu:ildi),7 Tris°ions for, a New American Dream: Process, Community,-byHenry G Cisneros, U.S. Department Principles; and an Ordinance to Plan 'and Design of''IIousing and urban ID'e.. elopment, 1995: Small Communities, 2nd Edition, by Anton C. Nelessen, American Planning'Associaton Planners Developing Downtown: Design: Guidelines, Janice Press 1994. " ' Pregl asc.o, Cahf-orn a.lVlain StreetProgram, 198.8: Fundamentals of Urban-Design, by Richard.Hedman. WATER American PlAssociation, Planners Press,, California Water, byArthur, `L. Littleworth and Eric L. Garner, Solano Press; 1995. LandUse,S�ategies for°MoreLivab-Ze.Places, by Judy Laypensa:ns Guide to- California Water, Water Corbett: O& Steve. Weismann, Local -Government: Education Foundation, 2000. `Commission, 1992=;.. State Water Plan Update; Bulletin 16048, California The:- New Urbani m: ` Toward `an Architeclure. of Department of Water Resources, 1998.` Community, Peter Katz: and Vincent Jr. Scully, I:_cGr.:awLHMHP_ro:fegsional ,199 ,;: Water and Land Use: Planning for the Future of California as if Water Mattered, by Johnson and - The, Pedestrians Pocket'° Bo.ok,; by Doug; Kel'liaugh;. Loux ,Solan Press Books, 2003. ' Princeton ArchtI tural.. ess,.199.6 Redesigning Ciai.es: P-rdP'ractice;. and' Implementation, by Jonathan Barnett,. American Planning Association Planners-P-ress,=.2003.. Internet Resources COUNCILS OF GOVERNMENT Association of Bay Area Governments, www.abag.ca.gov Association of Monterey Bay Area Governments, www.ambag.org Butte County Association of Governments, www.bcag.org Calaveras Council of Governments, www.calacog.org Council of Fresno County Governments, www.fresnocog.org Kern County Council of Governments, www.kemcog.org Merced County Association of Governments, www.mcag.cog.ca.us Sacramento Area Council of Governments, www.sacog.org San Diego Association of Governments, www.sandag.cog.ca.us San Joaquin County Council of Governments, www.sjcog.org San Luis Obispo Council of Governments, www.slocog.org Siskiyou Association of Governmental Entities, www.co.siskiyou.ca.gov Southern California Association of Governments, www.scag.ca.gov Coachella Valley Association of Governments, www.cvag.org San Bernardino Associated Governments, www.sanbag.ca.gov Western Riverside Council of Governments, www.wrcog.cog.ca.us Tahoe Regional Planning Agency, www.trpa.org DATA AND MAPS California Planners' Book of Lists, www.calpin.ca.gov Farmland Mapping and Monitoring Program, www.conservation.ca.gov/dlrp/fmmp Land -Based Classification Standards, www.planning.org/lbcs North American Industry Classification System (NAICS), www.census.gov/epcd/www/naics.html 282 General Plan Guidelines FEDERALAGENCIES Army Corps of Engineers, www.usace.army.mil Bureau of Economic Analysis, www.bea.doc.gov Bureau of Land Management, www.blm.gov Bureau of Reclamation, www.usbr.gov Census Bureau, www.census.gov Department of Energy, www.energy.gov Department of Housing and Urban Development, www.hud.gov Environmental Protection Agency, www.epa.gov Environmental Protection Agency, Region IX (includes California), www.epa.gov/region09 Federal Aviation Administration, www.faa.gov Federal Emergency Management Agency, www.fema.gov Fish and Wildlife Service, www.fws.gov Forest Service, www.fs.fed.us National Marine Fisheries Service, www.nmfs.noaa.gov National Park Service, www.nps.gov Natural Resources Conservation Service, www.nres.usda.gov U.S. Geological Survey, www.usgs.gov GEOGRAPHIC INFORMATION SYSTEM (GIS) RESOURCES Community Viz, www.communityviz.com California Digital Conservation Atlas, www.legacy.ca.gov INDEX, www.crit.com/index/index.html P1aceMatters, www.placematters.com PLACEIS: Planning for Community Energy, Environ- mental & Economic Sustainability, www.energy.ca.gov/places ONLINE PUBLICATIONS Environmental Justice Law Updates, www.abanet.org/ environ/committee s/envtab/e jupdates.html Transportation and Environmental Justice Case Stud- ies, www.fhwa.dot.gov/environment/ejustice/case/ ejbooklt.pdf STATMAGENCI`ES Air Resources 13oard, www.arb..ca gov Business, Transportation: and Housing Agency, www.bthca.gov CALFED B. -ay Delta Program, www: c alfe d:water: c a gov CaliforniaGeologi.ca.lt Survey, www: conservation.,=.gov/cgs: Caltrans (Departm:en=t of Transportation); www.dot.cagov Coastal Commisson;.www.coastalca.gov Department ofllousmg;;.and Communit,yDevelopment www.licd.ca,.gov www. c o mm erc e. c a: g ov STATE AND NATIONAL ORGANIZATIONS Association of California Water Agencies, www.acwanet.com American PlanningAssociation, www.planning.org American Planning Association, California- Chapter www.calapa.org Association of Environmental Professionals, Califor- nia Chapter www..califaep.org California Association of Local Agency.: Formation Commissions, www.calafco:org California Association. of Local Economic Develop- ment, www.caled.ore Department of Conservation,. www. conservation. cagovCalifornia.Redevelopment Association, www.ca- Department of Finance;.www.dofxaa.gov redevelopment org Department of Fishand; Ciarne, www.dfgca.gov California SpecialDistricts Association, www.csda.net Department of ' Fores.try: and: Fire Protection, California State Association of Counties, www.fire:ca.gav www.ccsac.counties.org Department of General Services,,www:dgs ca.gov California: Urban Water Conservation Council, Department of I=lealth S:ervic.es,.www.dh ca:gov v'v'v'-cuwcc o:rg Department of Toxin Substances Control'; International City County Management Association, www.dtsc.ca.gov www.icma.org:, Department of Water Resources, www.waterxaa 901v , League: of California Cities, www.cacities.org. Employment Development I�epartme;nt.': National Clarrette Institute, www.charretteinsttute.org www.e.dd-.ca-.gov WaterEducation,Foundation, www.wateredtication.org Energy Commission,.www:energy..ca gov iTrbawLanddhstitute;.www.uli org E.n.v onmen-tal `Prot:ecti:on Agency (Cal/E,PA)> . U`S Green=.Building Council; wwwusgbc org General°Plan Guideaines 283 Internet Resources N,NLMG RESOURCESi www.calepa:ca:gov California EnvironmentarResources Evaluation Sys- Integrated Waste Management Board, temp (CERES);; www..ceres.c.a.gov www.ciwmb.ca.gov California Land: Use Planning: Information Network Legacy Project, www.legacy.ca.gov (LUPIN), www.ceres.ca.gov/planning; Mining and Geology Board, www.consrv.ca.gov/smgb Crime, Prevention, through:: Environmental Design Office of Emergency Services; www.,oes..ca.gov (CPTED). www,cpted.net Office of Planning and, Research, www.opr.ca.gov California:. Transit=Oriented Development Database, Resources Agency, www.resources.ca.gov www.transitorienteddevelopment.dot.ca.gov Cyburb a, www.cy:burbia.org State Lands Commission, www.slc.ca.gov Pianetizen, www.pianetzen.org State Water Resources Control Board, www.swrcb.ca.gov. Smart Communities;Network, www.sustainable.doe.gov Technology, Trade and Commerce Age,ncy,- STATMAGENCI`ES Air Resources 13oard, www.arb..ca gov Business, Transportation: and Housing Agency, www.bthca.gov CALFED B. -ay Delta Program, www: c alfe d:water: c a gov CaliforniaGeologi.ca.lt Survey, www: conservation.,=.gov/cgs: Caltrans (Departm:en=t of Transportation); www.dot.cagov Coastal Commisson;.www.coastalca.gov Department ofllousmg;;.and Communit,yDevelopment www.licd.ca,.gov www. c o mm erc e. c a: g ov STATE AND NATIONAL ORGANIZATIONS Association of California Water Agencies, www.acwanet.com American PlanningAssociation, www.planning.org American Planning Association, California- Chapter www.calapa.org Association of Environmental Professionals, Califor- nia Chapter www..califaep.org California Association of Local Agency.: Formation Commissions, www.calafco:org California Association. of Local Economic Develop- ment, www.caled.ore Department of Conservation,. www. conservation. cagovCalifornia.Redevelopment Association, www.ca- Department of Finance;.www.dofxaa.gov redevelopment org Department of Fishand; Ciarne, www.dfgca.gov California SpecialDistricts Association, www.csda.net Department of ' Fores.try: and: Fire Protection, California State Association of Counties, www.fire:ca.gav www.ccsac.counties.org Department of General Services,,www:dgs ca.gov California: Urban Water Conservation Council, Department of I=lealth S:ervic.es,.www.dh ca:gov v'v'v'-cuwcc o:rg Department of Toxin Substances Control'; International City County Management Association, www.dtsc.ca.gov www.icma.org:, Department of Water Resources, www.waterxaa 901v , League: of California Cities, www.cacities.org. Employment Development I�epartme;nt.': National Clarrette Institute, www.charretteinsttute.org www.e.dd-.ca-.gov WaterEducation,Foundation, www.wateredtication.org Energy Commission,.www:energy..ca gov iTrbawLanddhstitute;.www.uli org E.n.v onmen-tal `Prot:ecti:on Agency (Cal/E,PA)> . U`S Green=.Building Council; wwwusgbc org General°Plan Guideaines 283 Index A Acquisition 157-158 Adoption 44, 138 Deadline 33 Housing Element 33 Agricultural Land 52, 54, 78, 81, 83, 84, 86 Agricultural Preserve 77 Farmland Security Zone 52, 77 Williamson Act 42, 52, 75, 77, 158 Air Quality 60, 61, 78, 82, 112, 199-200 Element 102-104 State Implementation Plan 189 Air Resources Board 61, 87 Airports 59, 61, 88 Airport Land Use Commission Law 185 Airport Land Use Plan 59, 61, 89, 185 Alameda County Land Use Association v. City of Hayward 19, 235 Alquist-Priolo Earthquake Fault Zoning Act 85, 90, 93, 95, 183 Alternative Plans 43 Amendment General Plan 32, 34, 47 Annexation 187 Annual Progress Report 169 Area Plan 13, 17 Army Corps of Engineers 78, 85, 91 Arnel Development Company v City of Costa Mesa 233 Assessments Benefit 162 Associated Homebuilders of the East Bay a City of Livermore 234 Assumptions 36 B Benefit Assessments 162 Black Property Owners v City of Berkeley 65 Board of Equalization 41 Board of Forestry 45, 91 Board of Geologists and Geophysicists 90 Bonds 162 Brown Act 142 Buena Vista Gardens Apartments Association a City of San Diego Planning Department 56, 63, 238 Buffer Zones 26, 54 Building Codes 157 284 General Plan Guidelines Building Industry Association a City of Oceanside 65 Building Intensity 50 Bureau of Economic Analysis 41 Bureau of Land Management 41 C California Coastal Act 174-176 California Environmental Quality Act (CEQA) 27, 28, 33, 43, 46, 47, 117, 136, 136- 141, 187, 196 Environmental Impact Report (EIR) 101, 136-137 California Geological Survey 39, 45, 55, 90, 92, 93, 177, 184 California Recreational Trails Plan 85 California Recreational Trails System 83 Caltrans (Department of Transportation) 46, 55, 61, 87, 97, 185, 188 Camp v County of Mendocino 50, 56, 88, 240 Capital Facilities 154-155 Capital Improvement Element 104 Program 55, 155 Census 66 Bureau 38, 41 CEQA. See California Environmental Quality Act Certified Unified Program Agency 26 Chandis Securities Co. a City of Dana Point 235 Child Care Centers 25, 29, 106 Circulation Element 51, 55-61, 154 City of Burbank a Lockheed Air Terminal 88 City of Carmel -by -the Sea a Board of Supervisors 44 City of Santa Cruz a Superior Court of Santa Cruz 235 Clean Air Act, Federal 155, 189 Cluster Zoning 50, 149 Coastal Commission 45, 55, 82, 87, 174 Coastal Conservancy 55, 87 Coastal Zone 63, 174 Housing within 176 Cobey-Alquist Floodplain Management Act 185 Committee for Responsible Planning a City of Indio 65 Community Design Element 107 Community Noise Abatement Program 87 Community Plan 17. See also Area Plan Compatibility Land Use 23-24 Zoning: 24: Comprehensive. Plan, Geographic Comprefiensiveness 10 Issue Comprehensiveness -12 Concerned Citizens of Calaveras County ,v Board of Supew visors 13,..514, 56,, 238 Conge.stibmManagement- Agency I N., Plan 39;,,3,1,_ 1,88^ Conservation Easement_,. '57;. 159-1`61 Conservation Element 75.=82 Consistency Area -Plan 13 Element 13 Internah 1.2, 73, 98' Subdivision 167 Text, andDiagrams 13 Transit Village Plan ` 3.1: Zoning 165-167 Consolidation Element'<48, 98 Consultants, 3.2.. Cortese. Knox I�Iertzberg Local GovernmentReorga nization`Act,.186 Cost to Prepare, 33' Council of Government (COG) 40 41,-6 ,:63, County Hazardous: Waste, lMdnagernent Plan 182=183 Countywide•Siting Element 1:80,: Dx E61 1;4:6 Census 66:' Demographic 25, 40 Population 2'4',25,, 40;. 5-2,.. 66 S.ocioecononu*C 25 Deadline: forAdoption. 33 Flousmg Element 33 de iguartv Caty. Council of Norco: 238 Delta. -Protection, Act 200' Density 28 ; 2% 671 70 Population 50 54 Density Bonus 50; 151 Departmentof Boating. and:Waterways 82;..87 Department of Conservation_ 37, 46, 55 78,..82`,. 87, ' 9.7: California= Geological, Survey 45;, 55, 9.0;, 92, 9,3,. 1T7; 1.8:4 Division:. of Oil, Gas,,;:and.CeothermaYResources 54 Office of Mine Reclamation 77 D:epartment.of Finance_ 40;, 41, 50',63;; 66 - Department. -of -Fig and:Game: Index 39 46, 77, 82, 8.4, 87., Wildlife Habitat Relationships Program 83 Department of Food and Agriculture 82 Department of Forestry and Fire Protection 39, 55, ' 825 87, 91, 97 Department of.Health Services ; 26,:, 55, 87 Department of Housing and Community Develop- ment 33, 41, 45, 55, 71;:75, ;169 Regional `Housing Needs Assessment (RHNA) 405, 61 Department of Parks and Recreation 85, 87 Department of Toxic .Substance Control 26, 28 Department of Transportation 55.: See"Caltrans Department of Water Resources 37, 39, 55, 82;-,87, 91-,,9211,97, 185 Development Infill 21 67, 104, 113 Mixed -Use 21, 29, 54, 104, 150 Tranist-Oriented .219 259 28=31, 52; 54 57,' 61, 104, 109: Development Agreements 156-157 Development Policy � 14 DeVita v County -of Napa 44,4 47, 65; 232 Diagrams'! 3 ;14, 5.0, 104. Dolan v City of Tigard 56, 232 E Earthquake Fault; Zoning Act, Alquist-Priolo 183 Easements 159 Economic/Fiscal Development'Element 109-112 EIR. See Environmental ImpactReport Element Air Quality 102 Capital Improvements/Public Facilities 104=107 Circulation 51-55, 154 Community Design 107-109 Conservation 75-82 Consolidation 48; 98 Economic/Fiscal Development 109-112 Energy -,112-116 Flood Management 116 Geothermal 123-126 Housing. 45-46, 61, 1729 "176 ' Land Use 49-55, 56, 182, 196' Noise 87-89 Open Space 46, 82-87 Optional 1,8 Parks and`Recreation 126-128 Safety 45,90-97' 90-97 Water 129-135' Elysian Heights Residents Association v' City of Los Angeles 237 General Plan Guidelines 285 Index Employment Development Department 41 Endandered Species California Endangered Species Act 189 Endangered Species 52, 54, 84, 189-196 Endangered Species Act, Federal 189 Energy 52, 58, 60, 70, 80 Element 112-116 Geothermal 123-126 Energy Commission 18, 61, 82 Environmental Impact Report (EIR) 101, 136-137 Combined with General Plan 101 Master 36, 139 Program 138 Environmental Justice 20, 22-28, 114, 142 Environmental Protection Agency California 23, 55, 82 United States 22 Equal Status 12-13, 98 Erhlich v City of Culver City 56 Exactions 162 F Fair Employment and Housing Act 22 Families Unafraid to Uphold Rural El Dorado County a Board of Supervisors 234 Farmland Security Zone 52, 77 Federal Agencies Army Corps of Engineers 78, 85, 91 Bureau of Economic Analysis 41 Bureau of Land Management 41 Census Bureau 38, 41 Environmental Protection Agency 22 Federal Aviation Administration 88 Federal Emergency Management Agency 78, 91 Federal Highway Administration 89 Fish and Wildlife Service 39, 77, 84 Forest Service 41 Natural Resources Conservation Service 39, 76, 78, 91 U.S. Geological Survey 36, 37, 90, 92, 93 Federal Aviation Act 88 Federal Aviation Administration 88 Federal Clean Air Act 155, 189 Federal Emergency Management Agency 78, 91 Federal Highway Administration 89 Fire Hazard 86, 91, 95 Wildland 85, 91, 95 Fish and Wildlife Service 39, 77, 84 Flood Element 116 Flood Insurance Rate Maps 91 286 General Plan Guidelines Floodplain 96 Floodplain Management Act, Cobey-Alquist 185 Hazard 53, 54, 85, 90, 95 Management 78, 82, 86, 91, 131 Flood Management Element 116-122 Floodplain Zone 149 Format 98 Friends of B Street a City of Hayward 241 Funding for a General Plan 33 G General Obligation Bonds 162 General Plan Amendment 32, 34 Geographic Inequity 23 Geographic Information Systems (GIS) 24, 27, 148 Geothermal Element 123-126 Goals 14, 35, 42, 147 Governor's Office of Planning and Research 39, 169 Governor's Office of Planning and Research 17, 22, 33 Growth Control 65, 72 Guardians of Turlock's Integrity a City of Turloc 88 H Habitat Conservation Plan 53, 77, 81, 84, 86 Hazardous Waste Facility 28 Hazardous Waste Management Plan 53 Hazardous Waste Management Plan, County 182- 183 Hearings 44, 142 Hernandez v City of Encinitas 65, 236 Hoffmaster a City of San Diego 65, 235 Horizontal Mixed -Use 29 Household Hazardous Waste Element 182 Housing Element 33, 45, 61-75, 172, 176 Housing Needs 41, 46, 52, 61, 63, 66, 71, 151, 169, 172. See also Regional Housing Needs Impact Fees 164 Implementation 46, 140, 149-173, 164, 169 Annual Progress Report 168-173 Measure 16, 46 Monitoring 46 Important Farmland Maps 78 Inadequate General Plan 167 Incorporation 186 Industrial Facilities 26 Inequity Geographic Inequity 23, 24 Procedural Inequity 23 Index Infill Mveloprnent 21, 67;, 104, 113, 10, 155; 186--187 I nflf Opportunity Zones. 3.0 ;; Cortese -Knox -Hertzberg Local Government Infrastructure 25;. 52; 5:4,_ 105, 154 Reorganization Act 186 Capacity 40� Local.,Coastal Funding: 1:61; Plan:: 53 Initiative= 47 65, Program 45, 47, 174 Integrated Waste Nlana{gementAct 180-182. Local, Government Reorganization Act, Cortese- Integrated Waste 1Vlanagement Board Knox -Hertzberg 186 Long 'Term Perspective 13-14 Integrated -Waste 1V1'anagementPlan 51, 53, 18.0 LUPIN`. See Land Use Planning Information Net- Countywide. SgElement:1=80 work (LUPIN) Household:HazardousWaste Element 182 Nondisposal Facility Element 182 M Recyclm lenient 1&1` Main Street Program 18 Source Reduction. Element 18:.1 '- Marblehead v City of San Clemente .236 Intensity,Master Environmental Assessment 39, 141 Buildmg, 5-0-;P, 54: Master Environmental Impact Report 139 Intergovernmental` Coordination 44 Metropolitan- Planning Organization 61, 188 Interim Ordinance. 15.1; Mineral Resource Zone 177. Internal Consistency 12-l"3.;. 73; 9.8 Mineral Resources 52, 55, 771 83, 84, 176 Invalidated Cieneral,Plan 65: Mining and Geology Board Issues, 35, 46; 52, 77, .84, 90 177, 179, 184 Comprehensiveness 12, Mitigation.:Monitoring 140 Mike.d-Use-Development 20,; 21, 29, 54, 104; 150 Horizontal 29 Jobs/Housing. Balance 2`1-22 Monitoring 46 Joint,, Adoption 18- N I National Environmental PolicyAct (NEPA) 22 Karkon v:. City of Camarillo.° 241 National Flood Insurance Program 78, 85, 96 Kings -County FarmBumau v Cityof Hanford: 48=National Wetlands Inventory 39 Kha st v Cty'of Gkndale 44 IVatural4 Communities Conservation Plan 86 L Natural Communities Conservation Planning Act 193-196 LAFCO. Sete; Local Agency Formation Commission Natural- Communities Conservation Planning (L CO). 77;.81, 84 Land:Capability, Classi-fication. System, 5-2, 76 84" Natural'Community Conservation Planning 53, 75 Land Inventory 66-67 Natural;Dive'rsity Database 39;,77, 83, 195 Land..'Trusts 161 NaturalResources Conservation Service Land U §eA. Element 49=55; 56; 182, 196 76�1 78, 84 91 Land Use Planning ,Information Network (LUPIN) Neighborhood Action Group v County of Calaveras 46 88, 239 Land -Eased Classification Standards 38 No: 0i1 Inc. v City of Los Angeles 82, 236 Landi-v. County of Mbntetey 4.7`' Noise. Element 87 Landslide:s.92.,-- 93,, 96 Noise. Level Contours 87 Las Vr-genes Rbn eowners, Federation,.:Inc v. County NoM& t Cal fo nia Coastal.. Commission of L.os Angeles. 1.3 50, 237 5,6 1.63;. 232 ` Legacy Project 37; 87" NondisposA. Facility Element 182 Lesher Communications: v City of Wd/hut Creek 232 North,AmericanIndustry Classification System 38 Level of Se rvice-S:tandards 61, 188 0 Livable; Communities.. 23 Local Agency Formatio iiCominission (..LAFCO)° Objectives 1:5; 42, 100 Gene`r_al`I'lan Guidelines 287 Index Office of Emergency Services 45, 46, 55, 78, 85, 90, 92, 93, 97 Office of Mine Reclamation 77 Office of Planning and Research 17, 22, 33, 39, 169 Open -Space Element 46, 82-87 Overconcentration 23, 26 Overlay Zones 31 P Parking 57, 59 TOD Requirements 30 Parks and Recreation 25, 53, 54, 83, 84, 153 Element 126-128 Permit Streamlining Act 47 Plan Airport Land Use 54, 89 Alternative 43, 137 Area 13, 17 Community 13, 17 County Hazardous Waste Management 182-183 Habitat Conservation 53, 77, 81, 84, 86 Hazardous Waste Management 53 Integrated Waste Management 51, 53 Local Coastal 53, 175 Natural Communities Conservation 81, 84, 86 Natural Communities Conservation Plan 77 Natural Community Conservation 53, 75 Specific 17, 31, 150, 152-153 Plan Proposal 16 Plan Proposals 100 Planned Unit Development 31, 50, 150 Planning Area 10, 12 Planning Commission 28, 143 Policies 42, 100 Policy 15 Population Data 24, 52, 66 Population Density 50, 54 Principles 15 Privatization 163 Procedural Inequity 23 Program EIR 138 Public Facilities 23, 25, 26, 29, 53, 54, 58- 59, 109, 154 Element 104-107 Public Participation 23, 25, 33, 42, 74, 86, 137, 142-148 Public Transportation 21, 28, 57, 59, 60, 67, 104, 153 Public Utilities Commission 55, 61 288 General Plan Guidelines 0 Quimby Act 16, 54, 87, 128, 153 R Recycling Element 181 Redevelopment 73, 155-156 Referendum 47 Regional Agencies Regional Transportation Planning Agency 188 Regional Water Quality Control Board 46, 78 Regional Housing Needs 61, 63, 67, 151, 169, 172. See also Housing Needs Assessment (RHNA) 40, 61 Regional Impacts 12 Regional Transportation Planning 188-189 Agency 61 Metropolitan Planning Organization 188 Regional Transportation Improvement Progra 188 Regional Transportation Plan 104, 188 State Transportation Improvement Program 188 Transportation Improvement Program 188 Regional Transportation Planning Agency 188 Regional Water Quality Control Board 46, 78 Regionalism 10-12 Resources Agency 46, 87 Land Use Planning Information Network (LUPIN) 46 Legacy Project 87 Rohn a City of Visalia 56 S Safety Element 45, 90-97 San Francisco Bay Conservation and Development Commission 174 San Mateo County Coastal Landowners Association u County of San Mateo 236 Save El Toro Association v. Days 82, 241 Scenic Beauty 54, 84, 86 Scenic Highways 84, 86 School Facilities 27, 53, 54, 88, 106, 128, 153 Surplus Sites 151 School Noise Abatement Program 88 Scientific Zone 177 Seismic Hazards 85, 86, 90, 93 Seismic Hazards Mapping Act 90, 92, 184-185 Seismic Safety Commission 87, 90, 97 Sewers 45 "Shoe Fits" Doctrine 12, 35 Sierra Club a Board of Supervisors of Kern County 12, 48, 82, 240 Inde), Smart Growth 2.0= Regional;Water Quality Control Board 46 Solid' Write;-'"sposal Faciihty, 18:1 Resources -Agency 46, 87 S'ohd'Waste..Disposal Sites 2.8° 51', 55 Legacy Project 37, 87-' Source Reduction: Element I Y ` San: Francisco Bay Conservation and Development Specif c Plan., 17;. 31, 1;50; 1.52-153 Commission 174 Sphereaof Influence 10,;:1 &.7." Seismic Safety Commission 87, 90, 97 Standardized Emergency Management System-.. 92` State -Library, 46 Standards rl{5 S.tateReclamation Board. 85, 185 State Agencies; Technology,. Trade and'Commerce Agency 41, 55 Air°Resources Board' 61 8T Transportation Commission '188, 189 Board°of Equalization. 41 Wildlife Conservation Board 82, 87 Board of Forestry 45; 91 State Implementation Plan 155, 189 Boardof Creologists. and.Geophysicists 90 State Library 46 California'Environmerital'Protection-Agency State Reclamation,Board -78, 85, 185 23 5.5, ` 82; State Responsibility Areas 91 Caltrans ('D , partinent of Transportation;),: state, review. 45L46 4:1; 46 55; 87.`,_ 97; 185, 188' State°Transportation Improvement Program `188 Coastal Commission 45; 55; 82. 87: 174` Storie Index 76; 84- Coastal Conservancy, _.55, 82; 87 Stormwater Management 131-133 Department of oating:"and Waterways 829-87' Subdivision' -Map Act, 14,86.: 1135 153 Department of Conation:- - Surface Mining, and Reclamation Act 55, 78, 82 87;; 97' 52, 77,; 81, 845 . 86 176: California Geological' Survey Sustainable Development 20-22 901 92, 935' 177;; 184 Department of Eiriance. 409..41, 50, 639. 66: T Departinent of Fish. and=:Game. Taxes 161 3;9...°, 46,: 77;. 82, 84 87 Technology, Trade and Commerce Agency 41, 35 Department of -Food and,Agricniture. 82. Main: Street Program .18 Department of Fortistry-and FirewProtection Tiering 139 39, 559 82,..' $7,. 91., 95Z; ' Timber -Resources 53 De,,partment of Health: Services.. 2:6,, 55 87` TimberlandProduction.Zontis_ Departinent,.off1Wsm' and"=Community Develop- 53 54:;- 76; 81; 84, 8.6 . 159 ment 33 41 45' Syr 62 7'l 75 16J` 9= 9. ,: Tinberland'P`roductivityAct 75, 159 Department of Parks'and Recreation 85 87 Trails ..:85 86:; 128 Department of `Toxbd Substanee Control. 26";, 28,'..'California Recreational Trai=ls Plan: 85 Department of,Water :1Zesourc:es__ Transfer-, of Deverlopment,Rights 87, 150 37, 39 55 , 82., 87, 9"L., 92;;: 97, 1855;: Transit 219 28.;. 57, 59,. 60,, ;67, 104, 153 Employrnent Developments Department: 44 ` Transit: Village Pla7ning;and Development Act ` 31 Energy Commission 1.8;. 55, 61; 82 Transit -Oriente d.Devel`oprnent: 2:1, 23,;25, 28- Federal Emergencyl\lanagementAgency 85 3', - 52, 54, .57' 6'1`, 104; 109 Forest. Service, 85: Transportation Integrated Waste Manage mentBoard Financing 163`' 265 559 82; 180' Transportation Commission 188;:; 189 Mining. and Geology Board Transportation Coritrol`Measures 189 465 52 779. 84,. 90„ 177, 1.79; 184:Transportation Improvement Program, 188 N tural Resour..ces Conservation Services 84. Transportation System Management ' 6.0, '-1:6.1 Office,.of Emergency Services 45-46; 55, 78 85, `. Twain Harte Homeownes:Assocaaton a Tuolumne 90 92; 93°,. 97 County!'' 50, 56, 2"3'9 Office of Planning and Research 39, 159: V Public' LTtil"ities.tornmission 55, 61 U S. Forest: Service 41, Reclamation Board 78 S.. IJ":Geological Sur, -y 36; 37`,, 90,, 92,93- General: Pl`' n Guidelines 289 Index Uniform Building Code 89 United Outdoor Advertising Co. a Business, Trans- portation and Housing Agency 50 Unreinforced Masonry Law 90 Urban Design. See Community Design Element Urban Development Incentive Act 47 V Vision, Community 35, 147 Voter Initiative 65 W Wastewater 131 Water 76, 84 Element 129-135 Quality 76, 77, 81, 84, 86, 131, 200 Service Providers 45 Suppliers 76 Supply 81, 95, 96, 130 Watersheds 76, 81, 83, 84, 85, 131 Wetlands Protection 196-198 Wild and Scenic Rivers 86 Wildland Fire 85 290 General Plan Guidelines Wildlife Conservation Board 82, 87 Wildlife Habitat Relationships Program 83 Williamson Act 42, 52, 75, 77, 158 Work Program 32-35 Y Yost v Thomas 44, 233 Youngblood a Board of Supervisors of San Diego County 233 Z Zoning 24, 31, 54, 70, 71, 149-151 Buffer Zones 26, 54 Cluster 50, 149 Consistency 164, 165-167 District 31, 67 Floodplain 149 Overlay Zones 31 Planned Unit Development 31, 50, 150 Pyramid Zoning 24 Timberland Production Zones 53, 54, 76, 81, 86, 159 Transit -Oriented Development 31