110-I. November 9, 2010 Planning Commission consent report.pdfATTACHMENT I
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE ® CUPERTINO, CA 95014-3255
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PLANNING COMMISSION STAFF REPORT
Agenda Item No. A Agenda Date: November 9, 2010
Application: MCA-2010-04
Applicant: City of Cupertino
Location: Citywide
APPLICATION SUMMARY
Green Building Ordinance - Consent Item
RECOMMENDATION
Staff recommends that the Planning Commission review Resolution No. 6615 with the
attached draft Green Building Ordinance as amended and recommended for approval by
the Planning Commission on October 26, 2010.
DISCUSSION
As requested by the Planning Commission, staff has attached Resolution No. 6615 which
includes the draft Green Building Ordinance incorporating the changes as recommended
for approval by the Planning Commission on a 3-2 vote (Chair Brophy and Commissioner
Miller voted no).
In addition to the changes that have been incorporated into the draft Ordinance, the
Commission also made the following recommendations to the City Council:
1. Effective Date under Section 19.78.040: Recommend that the City Council insert a
specific date six (6) months from adoption of the ordinance (to start from the first of
the month) .
2. -Planning Entitlements: Recommend that planning approvals/entitlements not be
exempt from the ordinance. As indicated at the meeting, once the Green Building
Ordinance has been adopted, staff intends to send notices to all project applicants
with active planning approvals to let them know of the new requirements.
MCA-2010-04 Green Building Ordinance October 26, 2010
Page 2
3. Incentives:
a. Automatic Incentives: Recommend building permit fee reductions only if the City
Council determines there is funding available to accommodate this and the
Council sets the amount.
b. Discretionary Incentives: Recommend not including an incentive for increased
FAR (floor area ratio) allowance.
c. Consider the following alternative ideas:
i. An expedited plan check process moving exemplary standard projects ahead of
the plan check line.
ii. Look at disincentives such as reduced FARs for projects that are not exemplary
under the Green Building Ordinance
iii. Look at incentives such as reducing Below Market Rate (BMR) units/fees,
grading bonds, and story pole requirements (for R1 projects).
Staff notes that (h) and (iii) would require review of other documents such as the General
Plan Housing Element for the BMR, Subdivision Ordinance for grading bonds and Single -
Family (R1) zone requirements for story poles and would be separate projects in themselves
with extensive public participation, noticing and/or review for consistency with State laws.
4. Deposit: Recommend a $2,000 refundable deposit for single-family residential, but
keep the other fees as staff had recommended that are commensurate with the
certification fees.
Next Steps
The Planning Commissions recommendations, including both the draft Green Building
Ordinance and items listed above, will be forwarded to the City Council when the
Council holds its public hearing on the Green Building Ordinance. It is anticipated the
Green Building Ordinance will be scheduled in January for a City Council meeting.
Prepared by Aki Honda Snelling, AICP, Senior Planner
Reviewed by:
Gary Chao
City Planner
ATTACHMENTS
Attachment 1 Resolution No. 6615
Approved by:
V&619 ' Z '
Aarti Shri astava
Community Development Director