Initiative textNORTH DE ANZA GATEWAY INITIATIVE
[CW017510.21
Section 1. Title.
This initiative measure shall be known as the North De Anza Gateway Initiative (the
"Initiative").
Section 2. Purpose.
As explained in Sections 4 and 5, the purpose of the Initiative is to implement the goals
and vision in the Community Vision 2015-2040 General Plan ("General Plan") adopted
by the City of Cupertino ("City"), to develop a Landmark for the North De Anza
Gateway at the southwest comer of Homestead Road and De Anza Boulevard.
Specifically, this Initiative amends the City's General Plan and establishes a limited
zoning district to facilitate the development of a full -service hotel and conference center
in the North De Aria Gateway area, with a hotel of 156 rooms or less at the discretion of
the applicant with a maximum building height of 48 feet. The zoning district will
authorize a hotel and conference center as a permitted use, subject only to design review
and site plan approval.
As explained in Section 6, the Initiative provides community benefits involving free
programnning space for up 12 school -related events, and free hotel occupancies for
visiting scholars, teachers, administrators, or special guests related to Cupertino Union
School District and Fremont Union High School District.
As further explained in Section 6, the Initiative establishes subsurface parking incentives.
Development in the North De Anza Gateway shall be encouraged to have underground
parking and, if underground parking is provided for 75% or more of the parking units,
then the development shall be allowed an extra ten feet in height for a total of 58 feet.
The Initiative also establishes a maximum parking unit requirement for the North De
Anza Gateway, based on the General Plan allocations provided herein.
Further, this Initiative establishes considerations that must be applied as a Planned
Development overlay: setback requirements for the North De Anza Gateway properties
shall be 25 feet from the existing face of curb as of the adoption of this hnitiative,
regardless of any future street widening, unless the face of curb is less than 15 feet from
any main building facade. This Initiative also establishes that North De Anza Gateway
properties shall not be subject to sloping requirements or increase in setback due to
building height. Building height shall be measured to the top of the parapet. Enclosed
mechanical equipment that is screened shall be allowed provided that a roof screen is
provided on a 2:1 slope from the parapet.
Lastly, this Initiative finds that development of a 156-room hotel and conference center in
the North De Anza Gateway was analyzed in the envirorunental review for the General
Plan and, in accordance with established law regarding initiatives, additional analysis
tinder CEQA is not required.
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Section 3. General Findings.
The residents of the City find and declare as follows:
A. In 2013, the City initiated the General Plan amendment process by
organizing a series of community workshops. The workshops focused on Study Area
maps that included, as a special study area, the Cupertino Inn and Goodyear Tire site at
the southwest corner of Homestead Road and De Anza Boulevard.
B. In 2014, the City released the Draft Environmental Impact Report ("Draft
EIR") for the General Plan amendment. The Draft EIR analyzed the potential impacts of
converting the Goodyear Tire site into a boutique business hotel. The project -level review
of the Draft EIR analyzed a proposed maximum building height of 145 feet. (DEIR Table
3-4) The Draft EIR also analyzed rezoning of the Goodyear Tire site. (DEIR Table 3-10)
C. The Draft EIR concluded there were no significant impacts related to
developing a hotel at the Goodyear Tire site and increasing the maximtun building height
to 145 feet.
D. The General Plan is supported by the findings of the Draft EIR. The
General Plan designates the Cupertino Inn and Goodyear Tire sites as the "North De
Anza Gateway."
E. In December 2014, the City Council adopted the General Plan, while
advising staff to review and propose alternatives to the adopted building height standards.
As adopted in December 2014, the General Plan allowed development in certain areas to
exceed building height standards by participating in a Conununity Benefits Program.
F. In February 2015, staff conducted a public workshop to discuss building
height standards in certain areas of the City, including the North De Anza Gateway. At
the workshop, more than 100 participants were divided into different groups. A majority
of those groups (8 out of 13) favored increasing the 45-foot height limitation, ranging
from 60 feet to 145 feet. Two of those groups favored increasing the height limitation tip
to 90 feet.
G. Later in February 2015, staff released a survey to conduct informal polling
on City height standards within certain areas of the City, including the North De Anza
Gateway. More than 35% of the respondents to the informal website survey were in favor
of increasing the height limitation in the North De Anza Gateway tip to at least 90 feet.
H. The above surveys were prepared by a demographic consultant who
emphasized that the surveys were not statistically representative of the entire Cupertino
population. In essence, the survey responses favored those participants who regularly
attended General Plan amendment meetings, and their personal networks.
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I. In May 2015, based on the workshop and informal survey results, the City
Council adopted a motion to make no further amendments to existing building heights.
J. In December 2015, the City Council amended the General Plan by
deleting provisions for participating in a Conn nunity Benefits Program.
K. Based on the above, City residents find that the General Plan amendment
process originally set out a vision for developing the North De Anza Gateway in a smart,
sustainable mamier, to increase building height and densities at a key City intersection.
This vision would generate significant general fiend tax revenue for the City, which can
be allocated for any public purpose, such as schools, roadways and police protection.
L. City residents hereby find that the North De Anza Gateway is located in a
Santa Clara Valley Transportation Authority Priority Development Area, and the General
Plan and other regional plans, such as Association of Bay Area Government ("ABAG")
Plan Bay Area, encourage fiiture growth to occur along North De Anza Boulevard.
M. Further, City residents find that this Initiative scales back the hotel uses
originally contemplated in the General Plan and analyzed in the General Plan EIR for the
North De Anza Gateway. Specifically, the Initiative proposes a maximum building height
of up to 58 feet (the EIR evaluated building heights of up to 145 feet), while_ proposing to
allocate 156 hotel rooms (the EIR analyzed allocation of up to 250 rooms).
N. Further, City residents find that this Initiative proposes educational and
community benefits, by allowing schools in the area free use of the conference center
space for educational purposes and exclusive public school functions, for up to 12 events
per year, and by providing hotel rooms for visiting scholars and school district business.
O. Although the Initiative does not restore the entirety of the Community
Benefits Program, adoption of this Initiative by City residents is intended to signal a
message to the City Council that smart development should also be accompanied by
provisions that will provide significant, tangible benefits to the conununity, and that the
provision of tangible benefits should also be used as a valid basis for providing additional
flexibility in real estate development projects.
P. Further, City residents find that development of a 156-room, fiill-service
hotel and conference room is consistent with development of North De Anza Gateway as
analyzed under the General Plan EIR, as originally contemplated in the General Plan, and
as recommended by regional planning efforts to concentrate development on major
roadways and transit corridors, and adjacent to highways.
Q. Based on the above, City residents hereby find that the North De Anza
Gateway Initiative, as proposed herein, will fiilfill the City's vision for the North De
Anza Gateway and further the efforts of the City Council, City residents and regional
agencies to implement smart -growth and sustainable development policies.
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Section 4. General Plan Amendment
A. General Plan Findings.
The "North De Anza Gateway" consists of two parcels: 10931 De Anza Boulevard, and
10889 De Anza Boulevard (Santa Clara County APNs 32610061 and 32610058). City
residents find that the adoption of a General Plan amendment to facilitate development of
a hotel and conference center in the North De Anza Gateway is in the best interest of the
public health, safety and welfare of City of Cupertino residents for the following reasons:
(1) A frill -service hotel and conference room will generate significant
tax revenue for the City that will benefit its residents by providing additional monies for
general fund expenditures on local services, infrastructure and other public purposes;
(2) A frill -service hotel at the corner of De Anza Boulevard and
Homestead Road and adjacent to major technology centers, such as Apple headquarters,
will reduce roadway congestion over the long term, as a local hotel will reduce the need
for business visitors and other travelers to commute from hotels located in other, more
distant cities; and
(3) A prominent hotel at the North De Anza Gateway will establish a
visual landmark to increase the attractiveness of the City as a Silicon Valley destination.
B. General Plan Amendment — Land Use and Community Design Element.
Based on the findings herein, the Land Use and Community Design Element of the
General Plan is amended as follows:
General Plan Table LU-1 is amended to revise the development allocations in the
Homestead Plaiuling Area, as follows:
Coinuiercial development shall be allocated an additional 35,000 square feet, to
be designated specifically for the North De Anza Gateway.
Hotels shall be allocated an additional 156 rooms, designated specifically for the
North De Anza Gateway.
General Plan Figure LU-1 is amended as follows:
The Maximum Height designation in the North De Anza Gateway shall be
increased to 58 feet.
Building Plane and site line requirements in the North De Anza Gateway shall be
removed.
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Section 5. Zoning Code Amendment.
A. Zoning Amendment Findings,
In consideration of the above provisions of this Initiative, City residents find and declare
as follows:
(1) The establishment of a Gateway Zoning District is in the best
interest of the public health, safety and welfare of City of Cupertino residents, as it will
function as a limited -purpose zoning district to ensure that maximum building heights do
not proliferate unreasonably throughout the City;
(2) The establishment of a Gateway Zoning District is compatible and
consistent with the General Plan designations for gateway and landmark areas, including
but not limited to the North De Anza Gateway area; and
(3) The North De Anza Gateway designation in the General Plan
should be rezoned to a Gateway Zoning District in accordance with these provisions.
B. Establishing the Gateway Zoning District.
Chapter 19.xx (City to provide chapter number), titled "Gateway Zoning District" shall be
added to the Municipal Code of the City, and shall read as follows:
CHAPTER 19.82: GATEWAY ZONING DISTRICT
19.82.010 Purpose.
The purpose of the gateway zoning district is to establish regulations to allow
greater building height standards in specific areas designated as gateways to the
City or important roadway intersections, which will benefit the general public by
concentrating greater building height standards along intersections that have
sufficient roadway infrastructure, ensuring minimal impacts to residential areas,
and minimizing adverse traffic impacts resulting from conunercial development.
19.82.020 Applicability of Regulations.
No building, structure, or land shall be used, and no building or structure shall be
erected, structurally altered, or enlarged in a gateway zone, otherwise than in
conformance with the provisions of this chapter and other applicable provisions of
this title.
19.82.030 Permitted, Conditional and Excluded Uses.
Permitted, Conditional and Excluded Uses that may be conducted from property
in a gateway zone (G), shall be the same as those that are identified in Table
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19.60.030 for General Corninercial Zoning Districts (CG), with the exception that
specialty food stores, eating establishinents, hotels and conference centers shall
constitute permitted uses in a gateway zone.
19.82.040 Permits Required for Development.
Prior to the erection of a new building or structure or enlargement or modification
of an existing building, structure, or site (including landscaping and lighting) in a
G zoning district, permits must be obtained in accordance with Table 19.12.030.
The Planning Conunission shall serve as the final approving body, and the City
Council shall serve as the final appeal body, for all development permits in a G
zone.
19.82.050 Development Standards.
Development standards in gateway zones shall be determined and approved in
accordance with the specific requirements of each gateway project, similar to the
process for planned development projects, provided that building heights shall be
entitled up to 58 feet in a gateway zone, unless greater heights are otherwise
permitted by the General Plan or applicable Specific Plan for such parcel.
In addition to the above, Section 19.124.040 titled "Regulations for Off -Street Parking" is
hereby amended to add a line to Table 19.124.040(A) as follows:
Bicycle Bicycle Stall
Land Use Zones Parking Ratio(2) parking Parking Dimensions(3)
Class(4)
Commercial
Motels/Hotels/Lodging G 1/unit + +5% of auto Class II Uni-size
1/employee (2) (3) parking
In addition to the above, Section 19.16.010 titled "Zoning Districts Designated" is hereby
amended to add a line to the table as follows:
Zoning Map Designation and Chapter Number
District Name
G Gateway Zone 19.xx
In addition to the above, the City of Cupertino Zoning Map is hereby amended to change
the zoning of the North De Anza Gateway, from a CG-rg (General Commercial with
special restrictions) zone to G (Gateway) zone.
In addition to the above, the City of Cupertino Land Use Map is hereby amended to
designate the North De Anza Gateway area as a Gateway Zone.
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Section 6. Community Benefits.
A. Findings.
In consideration of the above provisions of this Initiative, City residents find and declare
as follows:
(1) In connection with development of the North De Anza Gateway,
the landowner has agreed to provide services that will benefit Cupertino public schools.
(2) To effectuate this voluntary agreement with the landowner, site
plan approval of a hotel and conference center in the North De Anza Gateway shall
include conditions to ensure that the hotel and conference center will benefit Cupertino
public schools, by allowing Cupertino public schools to utilize the hotel and conference
center for educational purposes.
(3) In addition to the educational benefits provided by this Initiative,
the landowner has agreed to utilize subsurface parking, to reduce any aesthetic impacts of
surface parking and as an offset to the increased building mass and heights allowed in the
North De Anza Gateway under this Initiative.
B. Educational Events.
In exchange for allocating a 156 room hotel and conference center with a maximum
building height of 58 feet, the conditions of approval for the North De Anza Gateway
shall include a requirement that any conference center to be constructed shall provide
yearly a total of 12 reserved days of use at no cost (free) for school related (educational)
events to the following Cupertino Related School Districts. The eligible Districts are
Cupertino Union School District and Fremont Union High School District. If another
school District or Charter School District is created as long as the existing school districts
are not impacted then the new schools within such district shall have access under the
same conditions. Events must be coordinated and confirnned by the hotel and conference
center at least 90 days in advance of each proposed Event. The School Districts shall
coordinate amongst themselves as to conflicting school needs.
C. Hotel Occupancy.
In exchange for allocating a 156-room hotel and conference center, with a maximum
building height of 58 feet, the conditions of approval for the North De Anza Gateway
shall include a requirement that any hotel to be constructed in excess of 45 feet shall
provide up to 24 free hotel rooms each calendar year for reservation by Cupertino Union
School District and Fremont High School District, provided that use of hotel rooms must
be for educational purposes (i.e., visiting speakers and scholars) or school district
business. Free use of hotel rooms does not include expenses for food, room service, valet
charges, or hotel tax.
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D. Subsurface Parking.
In exchange for providing a maximum building height of 58 feet, the conditions of
approval for the North De Anza Gateway shall include a requirement that any hotel to be
constructed in excess of 48 feet shall provide subsurface parking for at least 75% of the
required parking units. Development of a 156-room hotel and conference center in the
North De Anza Gateway shall be limited to a maximum total of 165 required parking
spaces for all uses on the property, including staff parking. No additional parking shall be
calculated or required for uses that are ancillaiy to the frill -service hotel and conference
center, such as restaurant and retail uses.
In any event, no site plan approval of a frill -service hotel and conference center in the
North De Aria Gateway area shall require more than 180 total parking spaces in
accordance with the General Plan allocations provided by this Initiative, If 180 parking
spaces are provided based on the allocations provided by this North De Anza Gateway
Initiative, at least 135 units shall be provided as subsurface parking. Valet parking shall
be allowed within the subsurface parking structure to extend parking capacity to meet
parking requirements for the hotel and conference center.
In exchange for the community benefits provided by this section, the parking
requirements provided herein are deemed to be in accordance with Table 19.124.040(A)
of the City's Municipal Code.
Section 7. Implementation.
A. Effective Date.
This Initiative shall be considered adopted and effective upon the earliest date legally
possible after the Elections Official certifies the vote on the Initiative by the voters of the
City of Cupertino. Upon the effective date of this Initiative, the City is directed to
promptly take all appropriate actions required to implement this Initiative.
B. General Plan and Zoning Amendment.
Upon the effective date of this Initiative, the provisions of Section 4 shall be inserted into
the General Plan at the soonest practicable date under California law, and the provisions
of Section 5 shall be incorporated into the City's Municipal Code, Zoning Map and Land
Use Map.
C. Effect of Initiative.
The General Plan in effect on the date of filing of the Notice of Intent to Circulate this
Initiative ("Filing Date"), and the General Plan as amended by this Initiative, comprise an
integrated, internally consistent and compatible statement of policies for the City. To
ensure that the City's General Plan. remains so, any provision of the General Plan that is
adopted between the Filing Date and the effective date of this Initiative shall, to the
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INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
extent that such enacted provision is inconsistent with the General Plan amendments
adopted by this Initiative, be amended as soon as possible and in the manner and time
required by California law to ensure consistency between the provisions adopted by this
Initiative, and other elements and of and amendments to the General Plan.
Section 8. Other November 2016 Ballot Measures.
In approving this Initiative, it is the voters' intent to create a new Gateway zoning district
that shall be used to govern the future development of the North De Anza Gateway area.
This Initiative is drafted to be consistent with the Cupertino Citizens' Sensible Growth
("CCSG") initiative and other initiatives under consideration during the November 2016
general election. For example, with regard to building height requirements, the CCSG
initiative provides as follows:
The maximum heights and densities for the special areas shown in the
Conimunity Form Diagram (Figure LU-1) shall not be exceeded. Outside of the
Special Areas shown in Figure LU-1, building heights may not exceed 45 feet.
By amending Figure LU-1 and altering height limitations within the North De Anza
Gateway, which is part of the Homestead Special Plamling Area, the General Plan
amendment proposed by this Initiative is consistent with the CCSG initiative.
In addition, although the CCSG does not expressly state that its purpose is to lock in the
development allocations provided in Table LU-1 of the General Plan, in the event that it
should be construed as such, this Initiative is intended to operate as a valid modification
of a initiative, by amending the development allocations under Table LU-I through the
initiative process, in accordance with the CCSG and California law.
Notwithstanding the above, in the event the CCSG or any other initiative is construed as
conflicting or competing directly with this Initiative, this Initiative shall be considered an
alternative to such conflicting and competing initiatives, which, if approved, would
regulate the use or development of property within the North De Anza Gateway in any
mariner whatsoever. In the event that this Initiative and any other initiatives construed as
conflicting or competing initiatives are adopted by the voters at the same election, then
only that measure which receives the greatest number of affirmative votes shall control in
its entirety and said other measure or measures shall be rendered void and without any
legal effect.
In no event shall this Initiative be interpreted in a manner that would permit its operation
in conjunction with any conflicting initiative, including the non -conflicting provisions
thereof. If this Initiative is approved by the voters but superseded by law in whole or in
part by any other conflicting initiative approved by the voters at the same election, and
such conflicting initiative is later held invalid, this Initiative shall be self-executing and
given full force of law.
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Section 9. Interpretation and Severability.
A. This Initiative shall be interpreted consistent with all federal and state
laws, rules, and regulations. If any section, subsection, sentence, clause, phrase, part, or
portion of this Initiative is held to be invalid or unconstitutional by a final judgment of
any cow t of competent jurisdiction, such decision shall not affect the validity of the
remaining, unaffected portions of this Initiative. The voters of the City declare that this
Initiative, and each section, subsection, sentence, clause, phrase, part, or portion thereof,
would have been adopted or passed irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, part, or portion is found to be invalid. If any
provision of this Initiative is held invalid as applied to any person or circumstance, such
invalidity shall not affect any application of this Initiative that can be given effect without
the invalid application.
B. If any portion of this Initiative is held by a court of competent jurisdiction
to be invalid, the voters of the City indicate their strong desire that: (i) the City Council
shall use its best efforts to sustain and reenact that portion, and (ii) the City Council shall
implement this Initiative by taking all steps possible to cure any inadequacies or
deficiencies identified by the court in a manner consistent with the express and implied
intent of this Initiative, including adopting or reenacting any such portion in a manner
consistent with the intent of this Initiative.
C. This Initiative must be broadly construed in order to achieve the purposes
stated above. It is the intent of the voters that the provisions of this Initiative be
interpreted and implemented by the City and others in a manner that facilitates the
purpose set forth in this Initiative.
Section 10. Amendment.
The provisions of this Initiative may only be amended or repealed by a majority of the
eligible voters of the City of Cupertino during an election held in accordance with
California law and the City of Cupertino Municipal Code.
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CERTIFICATION OF INITIATIVE PROPONENT
(Elec. Code § 9608)
I, Q ,o, 5 9a 6acknowledge that it is a misdemeanor under state law (Section 18650
of the Elections Code) to knowingly or willfully allow the signatures on an initiative
petition to be used for any purpose other than qualification of the proposed measure for
the ballot. I certify that I will not knowingly or willfully allow the signatures for this
initiative to be used for any purpose other than qualification of the measure for the ballot.
,\-J
(Signature of Proponent)
Dated this 6 day of , 2016
AUTHORIZATION OF LEGAL COUNSEL
(Elec. Code § 9210)
I, RK,-to s X, one of the proponents of the North De Anza Gateway Initiative
(the "Initiative"), hereby authorize our legal counsel, Steven Churchwell of the law firm
Churchwell White LLP, and other attorneys at Churchwell White LLP to handle the filing
of the Initiative for title and summary, and any other actions directed by the proponents in
correspondence with your office, or any other elections officials relating to the Initiative.
(Signature of Propon nt)
Dated this � day'of , 2016
1cw03-753-0.21
CERTIFICATION OF INITIATIVE PROPONENT
c-, C C.����iowledge
Elec. Code § 9608)
it is a misdemeanor under state law (Section 18650
of the Illections Code) to knowingly or willfully allow the signatures on an initiative
petition to be used for any purpose other than qualification of the proposed measure for
the ballot. I certify that I will not knowingly or willfully allow the signatures for this
initiative to be used for any purpose other than. qualification of the measure for the ballot.
(f Proponent) Sinature
Dated this, day of fA r i 't , 2016
AUTHORIZATION OF LEGAL COUNSEL
(Elec. Code § 9210)
r��5�
I, G �% l , one of the proponents of the North De Anza Gateway Initiative
(the "Initidive"), hereby authorize our legal counsel, Steven Churchwell of the law firm
Churchwell White LLP, and other attorneys at Churchwell White LLP to handle the filing
of the Initiative for title and sununary, and any other actions directed by the proponents in
correspondence with your office, or any other elections officials relating to the Initiative.
(Signature �f Proponent)
Dated this day'of IAC A\ , 2016
[cw0175i0.2}
CERT FICAT'ION OF INITIATIVE PROPONENT
(Elec. Code § 9608)
LJ , acl ;l Icdge that it is a misdemeanor under state law (Section 18650
of the Elections Code) to knowingly or willfully allow the signatures on an initiative
petition to be used for any purpose otlrer than qualification of the proposed measure for
the ballot. I certify that I will not knowingly or wiffilly allow Elie signatures for this
initiative to be used for any p pose other than qualification of the measure for the ballot.
(Signature of Propone
Dated this b day of �t .12016
AUTHORIZATION OF LEGAL. COUNSEL
(Elec. Code § 9210)
I,Y) . ACW1"V1 one of the proponents of the North De Anza Gateway Initiative
(ihe "Initiative"), hereby authorize our legal counsel Steven Churchwell of the law firm
Churchwell White LLP, and other attorneys at Chuuchwell White LLP to handle the filing
of the Initiative for title and summary, and any other actions directed by the proponents in
correspondence with your office, or any other elections officials relating to the Initiative.
(Signature of Pr one
lnv
Dated this , day'ofAp!�J� , 2016
fcwo"753.0.21