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Director's ReportCUPERTINO CITY HALL 10300 TORRE AVENUE CUPERTINO, CA 95014 TELEPHONE (408) 777-3308 ~ ~ ~ ~ R„F ~ ~ ~ FAX (408) 777-3333 DEPARTMENT OF COMMUNITY DEVELOPMENT Subject: Report of the Community Development Directo Planning Commission Agenda Date: Tuesday, January 26, 2010 The City Council met on January 19, 2010 and discussed the following item(s) of interest to the Planning Commission: 1. Mary Avenue Senior Housing Proposal review- Council reviewed the project as presented by the Cupertino Rotary Housing Corporation (CRHC), took no action, and will discuss this item on February 2, 2010 as a regular public hearing item. 2. Green Building Ordinance process framework and budget -Council directed staff to proceed with the alternative process not to exceed $25,000 (reallocated from the unused portion of the green building certification fund). Miscellaneous Items: 1. New Counter Hours for the Development Services Center - We have extended our counter hours for Planning, Building and Public Works as of January 4. We are now open all day from 7:30a.m.-5:30p.m., Monday through Thursday and from 7:30a.m.-4:30p.m. on Friday. Customer service is our top priority and we are pleased to provide this service to our residents and businesses. 2. BAA MD Thresholds for Development along Transportation Corridors - At the urging of Santa Clara County and its cities, BAAQMD has delayed a decision on proposed amendments to CEQA thresholds of significance on air quality along transportation corridors. Attached is a copy of Saturday's Mercury News article on BAAQMDs proposed regulation that would trigger stiffer environmental review of .development within 1,000 feet of transportation corridors. Also attached is BAAQMD's staff report. The concern with these proposed regulations is that the land use planning requirements may run counter to the mixed use, cluster development, higher density and proximity to transportation-oriented development that has been emerging as standard practice for affordable housing development in urban settings. 3. Cupertino High School Improvements -Cupertino High School has provided us with preliminary drawings on their athletic field improvements. While the project will create new fields and bleachers, the improvements do not change the locations of the existing features of the athletic fields or significantly increase capacity. Changes proposed are minor and mostly positive. They include: -1- DR Report of the Community Development Director Tuesday, January 12, 2010 Page 2 a. Reducing the capacity of the bleachers to the east of the site near single-family residences and moving most of the seats to the west of the field -This will reduce noise and visual impacts to adjacent single-family homes. b. Making improvements along Tilson Avenue to add a sidewalk, trees, striped parking area and a loading space for buses -The area had been used previously for parking but did not have striping or a sidewalk. The improvements will increase safety for pedestrians and auto traffic in the area. c. 170 new trees along the perimeter of the field. d. Replace existing restroom with a larger one along the eastern border of the field -staff has some concerns about buffers between the new building and the fence adjacent to single-family residences Staff has made the following recommendations to enhance the project even more and complement the City's existing infrastructure and development practices/standards: a. Look for an alternative location for the replaced restroom on the east side of the field or increase the setback and planted buffer area between the building and the fence. b. Provide two curbed planter strips within the new parking area at the southwest perimeter of the project area. Planter strips should be at least 3-feet wide and the length of a parking space. Recommend using two of the new trees for the planter strips, and shortening the bus parking area to maintain the same number of vehicle parking space. c. Any new or upgraded light fixtures should be oriented and designed to preclude any light and direct glare to adjacent residential properties. d. Soften the sidewalk connection at the southeast corner of the project area, where the new sidewalk meets the existing City sidewalk. The existing connection has a blunt turn that should be smoothed out to allow for cleaner transition. e. Provide additional outreach to adjacent property owners (especially the residences). f. Provide improvements that will retain the difference in storm water so that no additional flows are directed down Tilson Ave. A complete list of improvements is provided below: a. New infrastructure for the drainage, sewer, water, electrical, and communication system. b. Code compliance upgrades to comply with Title 24, ADA regulations, and Title 9. c. Stadium Improvements (Southeast of project area, bordering residential to the east, and Tilson Avenue to the south). • Existing Home bleachers will be replaced with new bleachers with 2,185 seats. • Existing Guest bleachers, located next to single family, are being shortened, and have 500 seats. • New Home and Guest restrooms • Scoreboard and public address system will be replaced. • New pathways around the track and along Tilson Avenue. d. Baseball Field Improvements (Southwest of project area, bordering Finch Avenue to the west, and Tilson Avenue to the south). • New five-row bleachers, dugout, bullpens, batting cage. • New fencing along Tilson and Finch Avenue. • New scoreboard and public address system. -2- DR Report of the Community Development Director Tuesday, January 12, 2010 Page 3 • Additional photovoltaic cells will be added to the existing lighting system to the north of the field. e. Softball Field Improvements (Northeast of project area, bordering residential to the east, and the stadium to the south). • New five-row bleachers, dugout, bullpens, batting cage. • New scoreboard and public address system. f. New landscaping enhancements. • 170 new trees located around the field perimeters. 4. Sports Center Open House - We changed how we handle renewals and new memberships at the Sports Center this year. These changes were made as a result of staff's thoughts about last year's open house as well as feedback from other customers. Typically, we handle renewals and new members at the annual open house. This year we had a special rate if existing members renewed between December 8 and January 8. We had a slightly higher rate if you renewed or became a new member at the open house. Both rates were lower than a standard annual rate. We had good attendance, but avoided the mad house we experienced last year. The results are very positive. 2009 2010 Total Revenue $165,477 $207,037 Total Memberships Sold 571 732 New Members 65 92 Upcoming Dates: Jan. 27 State of the City Address, 11:30 a.m. (Quinlan Community Center) Feb. 15 City offices closed for President's Day Holiday Enclosures: Attachments re: BAAQMD Thresholds for Development along Transportation Corridors News Articles G: \ Planning ~ AartiS ~ Director's Report ~ 2009 ~ pd1-26-10.doc -3- DR San Jose, home developers balk at proposed air pollution guidelines - San Jose Mercury News Suppose a builder proposes to develop a 100-condominium development in San Jose within 1,000 feet of Interstate 280. Under proposed new air quality guidelines, the developer - for the f rst time in the country ---- could be told to study the health effects of freeway pollution on the people who would live in the condos. if the health risk is too great, the developer might need to modify or scrap his development plan or spend extra time persuading the city or county to approve it. The proposal to more closely scrutinize how people in new housing are affected by existing pollution sources has thrust the Bay Area Air Quality Management District into another heated debate over pollution reduction. Air district officials say their proposed development guidelines break new ground in protecting the public from cancer, asthma, lung disease and other ailments caused or aggravated by air pollution. "This plan is about protecting public health by providing better air," said Mark Ross, a regional air board member on the Martinez City Council. Builders and some city and county officials contend the proposal is overzealous regulation that would kick the struggling building industry when it's down and stifle green development in San Jose, Oakland and other cities that yearn for housing near transit centers and downtowns. San Jose Planning Director Joe Horwedel said the proposed guidelines would "have some major ramifications" for the city's effort to cluster new development along transportation corridors to reduce suburban sprawl and traffic gridlock. "You start taking big areas of the city out of play, it makes it really difficult to achieve our goals of smart growth," Horwedel said. "While we certainly have concerns about air pollution and its impacts on residents, to go through and start redlining parts of the Bay Area as inappropriate for housing is the wrong tack to take." Horwedel said development along Highway 101 and Interstate 880 would_ be particularly affected, and his department has urged air district officials to reconsider. "We think they should be dealing with it at the source, with air quality standards for cars and trucks causing that pollution, rather than saying you can't build near freeways." Santa Clara County Supervisor Ken Yeager, one of the air district's 22 board members, said he has urged postponing a vote on the proposal, currently set for Wednesday, out of concern that many city officials have not had time to study it and that it may carry unintended consequences. He said the idea was to stop sprawl, not to halt infill development along transportation corridors. -4- DR "I agree with the policy in theory," Yeager said. "But I don't know yet whether it's going to do more good than harm, and I'm concerned about a rush to do this." Paul Campos, an attorney for the Homebuilders Association of Northern California, said the proposal "would mean additional costs, uncertain delays, onerous regulation and expensive litigation for development." Cities and counties would retain their authority to decide whether and how development would occur. But the new proposal would steer them to scrutinize air quality more closely. Under the guidelines, cities and counties would require the studies when people living in the proposed housing would be exposed to an extra risk of 10 in 1 million from a pollution source within 1,000 feet. Experts would arrive at the risk by studying the types, potency and amounts of pollution and the distance to the nearest homes. The air district already has a guideline calling for industrial developers to examine pollution effects on existing residents. Now housing developers will have to do the same thing. In its new proposal, the air district for the first time has added diesel soot and fine particles as a criteria for triggering a pollution study. Cities and counties can choose to ignore the guidelines, but they would risk being sued by project opponents alleging a violation of the California Environmental Quality Act. Air district managers said having to do a pollution study doesn't doom a housing or business development plan, but it could spur developers to take extra measures to reduce people's exposure to contaminants. For example, a builder proposing homes near a freeway could look into ways to locate the buildings at the far end of the property to provide space for soot or fumes to disperse, said Gregory Tholen, an air district environmental planner. Ironically, even as builders attack the proposal as onerous, an environmental coalition has attacked part of the plan as too weak. The Bay Area Environmental Health Collaborative contends the district should set a stricter cancer-risk guideline for reviewing proposed new pollution sources such as gas stations and auto body shops if they are proposed in six heavily polluted sections of the Bay Area. An air district analysis has defined parts of San Jose, Oakland, East Palo Alto, Concord, Richmond and eastern San Francisco as areas with elevated concentrations of diesel soot and other air pollution. ~ _ "There should be no new sources of toxic pollution in these areas," said Gordon Mar, the health collaborative's interim director. But air district managers and industry representatives object, saying that setting stricter development guidelines in more polluted areas would discourage development and job creation there. "We should be helping these urban areas that need economic development, not discouraging it," -5- DR said Dennis Bolt, a spokesman for the Western States Petroleum Association. Bolt also said the environmental coalition's proposal would make it harder to win permission for upgrades or modernizations of industrial plants, fuel pipelines or gas stations in the six areas. ' Mercury News staff writer John Woolfolk contributed to this report. Reach Denis Cuff at 925-943-8267. Air board meeting The Bay Area Air Quality Management District board meets 9:45 a.m. Wednesday to consider guidelines for assessing toxic air pollution and greenhouse gas impacts from new developments. The location is district headquarters, 939 Ellis St., San Francisco. To view online reports on the air district"s proposed guidelines for assessing pollution from new developments, go to www.baagmd. ov. Click on "work," then "be informed, stay involved," then 'click on "CEQA guidelines." -6- DR AGENDA: 7 BAY AREA AIR QUALITY MANAGEMENT DISTRICT Memorandum To: Chairperson Pamela Torliatt and Members of the Board of Directors ' From: Jack P. Broadbent Executive Officer/APCO Date: December 30, 2009 Re: Consider adoption of the proposed amendments to the District's California Environmental Qualit~ct (CEQA} Thresholds of Significance RECOMMENDED ACTION: The Board of Directors will consider adopting the proposed amendments to the CEQA Thresholds of Significance as outlined in Attachment 1. BACKGROUND The District's CEQA Guidelines (Guidelines} are developed to assist local jurisdictions and other lead agencies in identifying proposed local land use plans and development projects that may have a significant adverse effect on air quality and public health. Staff began a comprehensive update to the District's recommended thresholds of significance in October 2008. The proposed revisions to the existing thresholds of significance include thresholds for construction, project operation, and plan-level emissions of criteria air pollutants, ozone precursors, greenhouse gases, toxic air contaminants; and odors. The Guidelines also provide technical information on impact assessment methodology and mitigation strategies. DISCUSSION The first Board of Directors hearing on the proposed CEQA thresholds of significance was held on November 18, 2009. At that hearing the Board highlighted about 15 issues and concerns raised during deliberations and public testimony. Staff presented responses to those concerns and addressed requests of Board members at the December 2, 2009 Board meeting. The Board then closed the public hearing and continued Board deliberations to January 6, 2010. The Board also directed staff to bring back for their consideration additional options for local risks and hazards significance thresholds; including the tiered threshold approach for sources in impacted communities. Attachment 2 includes three risks and hazards thresholds options: 1) existing staff, proposal; 2} staff proposal with tiered approach for new sources in impacted communities; and 3) staff proposal without the community risk reduction plan. in response to this direction, staff also prepared the December 7, 2009 Proposed Thresholds of Significance Report {see Attachment 3} to reflect these options. -7- DR At the December 2, 2009 Board of Directors meeting, the Board directed staff to meet specifically with local planning directors and public health officers to discuss the proposed CEQA Guidelines and respond to their concerns. Staff invited and met with local planning directors and health officers on December ] 5 for a CEQA workshop. The workshop was attended by 23 local agency staff representing 16 Bay Area cities and counties. At the workshop, staff discussed the thresholds of significance, the issues regarding infill development, the availability and development of analytical tools, future workshops the District will hold on implementation of the thresholds, and also responded to specific concerns expressed by the attendees. Staff has also provided additional responses to public comments received subsequent to November 1, 2009 (Attachment 4) and not included in previous Board packages. BUDGET CONSIDERATION/FINANCIAL IMPACTS: The update to the District's CEQA Guidelines was included in the FYE 2010 budget. Assisting local agencies in implementing the CEQA Guidelines will require an on-going commitment of staff resources. Respectfully submitted, Jack P. Broadbent Executive Officer/APCO Prepared by: Greg Tholen Reviewed by: Jean Rom eg nkamp 2 -8- DR Cupertino's Lehigh cement permit renewal on hold for new EPA standards -San Jose Mer... Page 1 of 2 ~I~C,~~Ct~~,t~ ~~~V~ MercuryNews.com Cupertino's Lehigh cement permit renewal on hold for new EPA standards ay Matthew Wilson Cupertino Courier Posted: 01!14/2010 03:10:34 PM PST Updated: 01/14/2010 03:10:35 PM PST A permit renewal that outlines all federal regulations for the Lehigh Cement Plant's operation is on hold as regulatory officials wait to add tough new federal emission standards to the voluminous operating permit. Lehigh will continue to operate but will have to wait until the summer renewal of its Title V permit, which details the approximately 1,500 source-specific air pollution limits and standards, according to Brian Bateman, director of engineering with Bay Area Air Quality Management District. The permit lists all such requirements and the monitoring, record keeping and reporting steps the facility must take and it must be renewed every five years. New emission standards from the Environmental Protection Agency will set the nation's first limits on mercury emissions from existing kilns and new kilns. Emission limits for hydrocarbons, particulate matter, and sulfur dioxide will also be set. "We are putting on hold our Title V efforts in regards with this facility. We are doing this because o f the development of EPA's applicable standards. We think it makes a lot of sense to have that process move forward. When those standards are finalized, we will incorporate them" into the new permit, Jack Broadbent, CEO of the BAAQMD, said at a special Cupertino City Council session Tuesday regarding the Lehigh plant. "We are going through a renewal process. It would not make sense to go through yet another renewal process." The new mercury emission rules will be announced in June. The facility will then plan to deal with the new rules and incorporate those efforts into the renewed permit. The strict new standards will take effect in 2013 and are expected to reduce mercury emissions by 81 percent to 93 percent and hydrochloric acid by 94 percent, said to Shaheerah Kelly, an environmental engineer with the EPA. 'The technology has got to the point where we feel these regulation standards are feasible," said Bateman. "Mercury is difficult to filter. More so than other metals because of its relative volatility." The air district is also evaluating and responding to a deluge of public comments regarding the permit. The district believes that many of the new emission standards will address some of the comments, according to Broadbent. The Title V Program requires local and state air quality agencies to issue comprehensive operating permits to facilities that emit significant amounts of air pollutants. The EPA has authority to terminate, modify or revoke and re-issue a permit. There are about 100 Title V facilities in the Bay Area that BAAQMD oversees. Bateman said that in the past five years of the permit Lehigh has had 18 notices of violation, many of which were administrative and the result of faulty equipment. Cupertino's Lehigh cement permit renewal on hold for new EPA standards -San Jose Mer... Page 2 of 2 t~~je,~~e~cur,~ ~"~tU~ MercuryNews.com facility became a popular issue during the recent "In nearly ever case they were associated with some city council election. equipment that was not working properly and that was corrected quickly, usually in a day or less than Because of ongoing resident concern, the city is a day from when the notice of violation was issued," staying up to date on Lehigh operations. said Bateman. Councilman Barry Chang even offered to join air district officials during surprise inspections. Lehigh can continue to operate as normal as long as the permit renewal is under review, according to Bateman. The announcement came on Jan. 5 and was reiterated at the council session Tuesday. The meeting brought together representatives from BAAOMD, Regional Water Quality Control Board, the EPA and Santa Clara County to educate the city council and residents on how the facility is monitored regulated. "It was very educational for me just to learn about the process. It's a learning curve for me and the public," Councilman Gilbert Wong said. "Even though we do not have jurisdiction, I am a believer in transparency in government. One thing we wanted to learn was what as going on and hear from [the public] and also from the regulatory agencies who see if there is problem. I'm very happy to see tighter regulations coming in," Councilman Mark Santoro said. It was also announced at the meeting that air testing by the EPA near Stevens Creek Elementary School conducted in mid-2009 found levels of hexavalent chromium that were well below levels of concern. The EPA is analyzing results, wind data, and source operations. A report will be issued later this year on the findings. A few dozen residents spoke out at Tuesday's meeting, raising concerns about emissions and potential health risks of the facility. Many congratulated the council for holding the meeting and were pleased to see tougher emission standards coming. - "Throughout the course of the industrial revolution, a lot of industries have started out with the best of intentions and its been discovered that they are very bad for society. Asbestos comes to mind as one and its heavily regulated now and we used to everywhere when I was a kid," said John Bartas "It seems the cement industry belongs with those other industries." The city is devoting a section of its website to Lehigh Cement Plant information and frequently asked questions. For more information, go to www.cupertino.org . The Lehigh Hanson Cement Plant is off Stevens Creek Boulevard in the hills of Santa Clara County. It lies just beyond the Cupertino borders and the city has no jurisdiction over the facility. The cement -'1~0= ~ .pR - Cupertino residents now need city permit for landscaping projects -San Jose Mercury Ne. ~1~Q~1'CttC,t~ ~~W~ MercuryNews.com Page 1 of 1 Cupertino residents now need city permit for landscaping projects sy Matt wlson Cupertino Courier Posted: 01'15/2010 07.17:49 PM PST Updated: 01/15/2010 07:17:50 PM PST Cupertino residents planning landscaping projects may need to get city approval as part of new state water conservation regulations. In upcoming weeks, the city plans to draft its own local ordinance that will require some landscaping projects to go through a design review process at city hall. The local law is intended to streamline what city officials have called a complicated state process for calculating water usage that went into effect on Jan. 1. Under the new regulations, new construction triggers a landscape review. In Cupertino, this means any residential construction project with 5,000 square feet of yard space that requires a building permit will also need a landscaping permit. Those requiring a permit will have to calculate the total water use of their landscape project as part of the permit application process. Applicants could also have to bring soil management reports, landscape, irrigation and grading design plans to city hall when applying for a permit. Only about 25 percent of Cupertino's residential properties have landscaping spaces that large, said City Manager David Knapp. The city does not expect to charge additional fees for the permit process. The Water Conservation in Landscaping Act requires all cities to use the state's regulations or create their own water-efficient landscape ordinance. The new mandate is intended to help the state conserve water. Water is commonly wasted by poorly designed and maintained landscapes, and half of California's urban water is used for landscape irrigation, according to officials at the state Department of Water Resources. "Our goal is to see if there are ways to get people to [efficient] levels without doing the detailed water calculations and helping out small business owners that don't typically have those resources," Knapp said. 'The goal of all this is to make it easy while also promoting doing the right thing." Cupertino is consulting with other cities, the Bay Area Water Supply and Conservation Agency and Santa Clara Valley Water District on a regional ordinance, according to Aarti Shrivastava, director of community development. An ordinance will likely not be up for council review until March or April, according to Knapp. .. _ ... -1 1= DR