Initiative TextINITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO VOTERS FEB - 9 2016
The city attorney has prepared the following title and summary of the chief purp4sLean4 R.o , W CLERK
the proposed measure [insert up to 500 word summary pursuant to EC 9203]
The people of the city of Cupertino do ordain as follows:
Section 1. Title
This measure may be referred to and cited as the "Citizens Initiative to Revitalize the Oaks
Shopping Center"
Section 2. Statement of Intent
The existing Oaks Shopping Center sits at the western gateway to the heart of downtown. Built in
the 1970s, it has become an aged and obsolete retail center that no longer adequately serves the
community.
The citizens of Cupertino desire to revitalize the Oaks to serve as a model for responsible
redevelopment and to enhance the downtown core by serving as a vibrant gateway to the heart of
the City.
This Initiative will ensure that the high -quality, mixed -use development will help meet the goals
and policies of the General Plan for land use, sustainability, fiscal viability, community design and
housing for the City.
The Oaks is an 8-acre site. The project consists of approximately 47,660 sq. ft. of new retail space
situated along the ground floors of residential buildings with necessary surface and underground
parking; no more than 5-story-tall residential buildings including 40 housing units for seniors, 30
affordable housing units for seniors, and 200 market -rate housing units; a 6-story 200-room hotel;
and a 7-story (approximately 280,000 sq. ft.) Class -A office building. A conceptual site plan
showing one possible project design is attached hereto as Exhibit A and incorporated by this
reference.
In addition to the new tax revenue generated for the City and our two local school districts for
critical public services, estimated to be approximately $2.5 million annually, the project will
generate approximately $8 million worth of community benefits and amenities as conditions for
final approval of the project. Such community benefits and amenities include:
School Resources
o Cash contribution to Cupertino Unified School District for construction of
permanent school facilities
o Cash contribution for future study or signage improvements for safe routes to
school
o Parcel tax contribution on each residential unit within the project
Public Facilities
o Cash contribution to the Veterans Memorial at Memorial Park
o Restroom improvements at Memorial Park
o Cash contribution towards the Cupertino Civic Center
o Public Art
Transportation
o Mary Avenue road improvements, safety enhancements and safe routes to schools
o Cash contribution to City's future senior shuttle program
o Stevens Creek Boulevard traffic improvements
o Contribution of 72 parking passes to De Anza College annually for five years
Affordable housing
o Provide affordable housing levels in excess of City requirements
Economic Development
o Cash contribution for creation of City office incubator program
All references and amendments in this Initiative including to the Community Vision 2040 General
Plan ("General Plan"), and the Heart of the City Specific Plan will run with the land regardless of
land ownership. Site -specific project impacts will be analyzed under the California Environmental
Quality Act (CEQA) as part of project development review, and any mitigations required by CEQA
shall be incorporated as conditions of approval of the project.
The project will be LEED-certified, sustainable development designed with the best environmental
and energy -efficient practices.
Section 3. Statement of Findings
A. Through the adoption of the Community Vision 2040, the City of Cupertino provides a vision
of the long-term development of properties in the City of Cupertino. The proposed
development and uses will be located and conducted in a manner in accord with the General
Plan.
B. The Oaks Shopping Center is an obsolete, under-utilized shopping center, which the City of
Cupertino has identified in the Community Vision 2040 as a property that should be
redeveloped as a Gateway to the City on the western edge of Stevens Creek Boulevard.
C. Cupertino residents want to ensure that the redevelopment of The Oaks Gateway will result
in a strong, attractively designed mixed -use project that will serve the needs of the
community as a whole.
D. Cupertino residents want such mixed -use development to enhance the pedestrian
experience, and to contain housing options (including housing for seniors), plus jobs,
commercial retail and services.
E. Cupertino residents want office growth to occur in a manner that will support strong fiscal
revenues and a stable tax base.
F. Cupertino residents have determined that the community benefits and amenities offered by
the project will be highly beneficial to the City and its residents and schools.
G. The proposed development and uses, at the proposed location, will not be detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental to the
public, health, safety, general welfare, or convenience.
Section 4. Amendments to the General Plan text and diagrams
The Cupertino General Plan, adopted in December 2014 and updated on October 20, 2015, is
hereby amended as follows:
(Note: In certain sections below, changes to the existing language of the General Plan and Heart of
the City Specific Plan are shown as underlined for new text, and in stAkethr-ough font for text to be
removed.)
Chapter 2 — Planning Areas
SPECIAL AREAS: Heart of the City: Context
The second paragraph is amended as follows:
The West Stevens Creek Boulevard subarea is located between Highway 85 and Stelling Road. The
primary use for this area is quasi-public/public facilities, with supporting uses including mixed
commercial/office/residential. The De Anza College Node defines the southern half of the West
Stevens Creek Boulevard subarea. Also included within this area are the Oaks Gateway and
Community Recreation Node consisting of Memorial Park, the Senior Center, Sports Center and
Quinlan Community Center.
Chapter 3 — Land Use and Community Design Element
CITYWIDE GOALS AND POLICIES
Policy LU-1.2: Development Allocation
Table LU-1 is amended as follows:
In the "Heart of the City" row, change the "Office (s.f.)" allocations as follows
• Buildout allocation: from "2,464,613" to "2,744,613 ***"
• Available allocation: from "17,113" to "297,113 ***"
In the "Heart of the City" row, change the "Hotel (rooms)" allocation as follows:
• Buildout allocation: from "526" to "726 ***"
• Available allocation: from "122" to "322 ***"
Add a footnote reading as follows:
*** In the Heart of the City, 280,000 s. f. of office allocations and 200 hotel room allocations
are assigned to the Oaks Gateway property.
Notwithstanding any other provision of law, including any change in law enacted at the same time
this measure is enacted, the voters intend that the allocations for the Oaks Gateway shall be
280,000 s.f. of office space and 200 hotel units.
Strategy LU-1.4.1: Commercial and Residential Uses.
Review the placement of commercial and residential uses based on the following criteria:
1. All mixed -use areas with commercial zoning will require retail as a substantial component. The
North De Anza Special Area is -a* and the Oaks Gateway are exceptions.
Policy LU-1.5: Parcel Assembly
Encourage parcel assembly and discourage parcelization to ensure that infill development meets
City standards and provides adequate buffers to neighborhoods. However, parcelization may be
appropriate to aid in the development of mixed -use projects such as the Oaks Gateway.
Figure LU-1- Community Form Diagram
(a) In the box entitled "Oaks Gateway":
• Change "Maximum Residential Density 25 units per acre" to "Residential units: 270"
• Change "Maximum Height 45 feet" to "Maximum Height 45 feet (88 feet in a mixed -use
project)"
(b) Remove Neighborhood Center asterisk from Oaks Gateway property.
(c) In the box entitled "Notes:", change the first bulleted note to read: "Maintain the primary
building bulk below a 1:1 slope line drawn from the arterial/boulevard curb line or lines
except for the Crossroads area and the Oaks Gateway."
Notwithstanding any other provision of law, including any change in law enacted at the same time
this measure is enacted, the voters intend that the project approvals for the Oaks Gateway shall
allow 270 residential units, 280,000 s.f. of office space and 200 hotel units, and a height of 88 feet
for the mixed -use project. These specific allowances and specifications for the Oaks Gateway shall
be deemed to be the result of application of the General Plan's variety of generally -applicable land
use policies to the specific Oaks Gateway area.
Mixed -Use Urban Villages
The first numbered paragraph is amended a follows:
1. Parcel assembly. Parcel assembly of the site is required. Further parcelization is highly
discouraged in order to preserve the site for redevelopment in the future. However,
parcelization may be appropriate to aid in the development of mixed -use projects such as
the Oaks Gateway.
West Stevens Creek Boulevard Subarea
GOAL LU-14: CREATE A PUBLIC AND CIVIC GATEWAY SUPPORTED BY MIXED -COMMERCIAL,
OFFICE AND RESIDENTIAL USES
Policy LU-14.1: Land Use
Primary land uses include quasi-public/public facilities, with supporting mixed
commercial/office/residential uses.
Policy LU-14.5: Oaks Gateway Node
This is a gateway mixed -use commercial, office, and residential re*^i-1 ^^a Shopping node. New
residential and office uses, if allowed should be designed on the "mixed -use village" concept
discussed earlier in this Element.
Chapter 4: Housing Element
Table HE-5 (summary of priority housing sites) and Figure HE-1 (depicting priority housing sites),
as they relate to the Oaks Shopping Center, are amended as follows:
• Change the reference to the General Plan and Zoning from "C/R P(CG,Res)" to "C/O/R
P(CG, OA/OP, Res)".
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• Change the maximum density to 35 dwelling units per acre, and the Realistic Capacity to
270 units, and allow a maximum height of 60 feet.
• Modify the Notes to Table HE-5 to state that no General Plan amendment or zoning
change is necessary to achieve the maximum density for the Oaks Shopping Center.
Section 5. Amendments to The Heart of the City Specific Plan
Area and Special Centers Map - West Stevens Creek Boulevard Educational/Public/Park
District
Add text: In the Oaks Gateway for a mixed -use project, primary and supporting uses include Mixed
Commercial/Residential/Office.
Figure 2: Heart of the City and Special Centers Zoning Map
Change the designation on The Oaks Gateway property from "P(CG/Res)" to "P(CG, OA/OP, Res)".
Development Standards and Design Guidelines
Section 1.01.020- Land Use and Zoning - Permitted and Conditional Uses
A. Commercial -- All Permitted and Conditional Uses in accordance with the Zoning Ordinance
regulations of the City's General Commercial (CG) zoning district:
Uses such as professional, general, administrative, business offices, business services, such as
advertising bureaus, credit reporting, accounting and similar consulting agencies, stenographic
services, and communication equipment buildings, vocational and specialized schools, dance and
music studios, gymnasiums and health clubs and child care centers and other uses that do not
involve the direct retailing of goods or services to the general public shall be limited to occupy no
more than 25% of the total building frontage along Stevens Creek Boulevard and/or 50% of the
rear of the building. Because of the mixed -use nature of the project, this requirement shall not
anUly to the Oaks Gatewav nroiect.
Application Requirements and Approval Authority
Refer to Zoning Ordinance Chapter 19.12, Administration. In order to ensure prompt processing of
the application for the Oaks Gateway project, (a) City Staff shall promptly review an application for
a development permit that is generally consistent with the Site Plan attached as Exhibit A to the
"Citizens Initiative to Revitalize the Oaks Shopping Center": (b) CEQA compliance shall be scoped to
correspond with only site -specific environmental impacts, not area impacts caused by the changes
in the General Plan. the Heart of the City Specific Plan, and the rezoning effected by this Initiative•
(c) The City shall promptly approve a development permit (with changes mandated by CEQA if
any) and a development agreement with the property owner consistent with the scope of the
Project described in the Community Form Diagram, and requiring of the landowner communitX
benefits and amenities in substantial conformance as to We and dollar amount with those listed in
the "Citizens Initiative to Revitalize the Oaks Shopping Center."
Design Guidelines
Section 2.01.010 Description
Paragraph 1 under the heading "G. Common Open Space" is revised as follows:
A landscaped green and/or garden space should comprise between seventy per cent (70%) and
eighty per cent (80%) of the common outdoor space. The location should be in a courtyard, side
yard, rear yard, or common green for larger developments. Space should be rectilinear with no side
less than fifteen (15) feet. Space should be seventy five percent (75%) enclosed by buildings, low
walls, low fences or linear landscaping (e.g., hedges or rows of trees) and not be bordered by
surface parking areas on more than one side. Because of the mixed -use nature of the project, for
the Oaks Gateway project the numerical requirement shall be that a landscaped green and/or
garden space should comprise no less than fi -five per cent (55%) of the common outdoor space
Section 6. General Provisions
A. Consistency provision
This Initiative will become effective pursuant to Elections Code Section 9217. All applicable
provisions of the Cupertino Municipal Code, including zoning ordinances, resolutions, and
administrative policies, general plan maps and texts, The Heart of the City Specific plan or any other
City plans affected by this Initiative shall be revised and amended to conform to the provisions of
this Initiative within six months from the effective date of this measure. Until such time as the
above -referenced ordinances and plans have been so revised and amended, the provisions of this
Initiative shall take precedence over any conflicting provisions.
B. Severability
If any provision of this Initiative is found by a court of competent jurisdiction to be
unconstitutional, the remaining provisions of the Initiative are valid, unless it appears to the court
that the valid provisions of the Initiative are so essentially and inseparably connected with, and so
dependent upon, the void provision that it cannot be presumed the voters would have enacted the
valid provisions without the void one; or unless the court determines that the valid provisions,
standing alone, are incomplete and are incapable of being executed in accordance with the
legislative intent of the Initiative.
C. Amendment of Initiative
This Initiative may be amended by the voters pursuant to Election Code Section 9217; however, the
General Plan and all of its elements and parts amended by this Initiative, and the Heart of the City
Specific Plan and all of its elements and parts amended by this Initiative may be amended by the
City Council from time to time upon application of the landowner of the Oaks Gateway property
authorized to apply for such amendments pursuant to law and/or a development agreement
covering the Oaks Gateway project, except that they may not be amended in any manner that
reduces or eliminates community amenities promised to the City in a development agreement or as
conditions of approval for the Oaks Gateway project. Nothing in this section shall impair or limit
the power of the City Council to amend the Housing element of the General Plan in accordance with
state law.
D. Conflict with Other Measures
In the event that there is a competing measure on the same ballot that would prohibit, limit or
restrict the development of the Oaks Gateway project approved by this measure, and both
measures are approved by the voters, the voters hereby declare that they desire the provisions of
this measure to prevail over the conflicting measure, regardless of the number of votes cast for
either measure, as this measure is limited and specific to a single parcel of land and the competing
measure is more broadly applicable to development in the entire city. The provisions of this
Initiative which are not in conflict with other competing measures, as approved by Cupertino
voters, shall also prevail and shall be valid.
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