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Exhibit CC 03-05-13 Item # 14 General Plan Amendment 0\01/// 3/5/2013 CUPERTINO Update on the General Plan Amendment Process As part of this update on the General Plan Amendment(GPA)process, staff is recommending that the Council consider approving: • Scopes of work for the preparation of a GPA,Vallco Shopping District Specific Plan,and associated Environmental Impact Reports(EIRs) • Budget amendment to fund the GPA and EIR process • Authorization for the City Manager to approve consultant contracts Background The General Plan Amendment process was initially proposed to include: • Increases in office,commercial and hotel allocations • Addition of the CG (General Commercial)zoning designation to two(2)sites with BQ(Quasi-Public Building)zoning • Review of land use alternatives for the Vallco Shopping District area Since the initial scope,several property owners were interested in applying for General Plan Amendments related to heights/land use to review their sites In order to provide more robust and holistic citywide discussion on these issues,staff decided to include these properties into the General Plan Amendment process 1 3/5/2013 Background On August 21,2012,the City Council authorized the initiation of the General Plan Amendment process,and also requested staff to return back to Council with the following: 1. Scope of work for the GPA process,including timing of the Vallco Specific/Master Plan for the Vallco Shopping District 2. Proposal to fund the GPA process,including the City share and contributions by property owners of key opportunity sites to share in the cost of reviewing their particular sites(with a mechanism to be developed to determine the fair share apportionment of contributions by property owners based upon payments made in advance and those that are deferred) 3. List of the BQ(Quasi-Public Building)zoned properties where CG (General Commercial)zoning is proposed to be added Discussion Scope of Work for MIG •Increases in citywide development allocations: o 2-3 million sf of office allocation o 2 million sf of commercial allocation o 1,000-1,500 rooms to the hotel allocation • Review of 7 key opportunity sites • Preparation of the following reports: o Settings and Opportunities o Visioning strategies and framework o Concept Alternatives analysis with 3 land use/design concept alternatives for each site o Economic and Market Study o Draft and Final General Plan 2 3/5/2013 Discussion • Community Outreach Process: o One(1)initial citywide postcard notice o All legal noticing as required o Three(3)community visioning meetings and five(5)stakeholder meetings • Timeline-12 to 15 months (March 2013-May 2014) 2013 tPl Opportunity 5xte;Map (�y }a a Homestead Raad r " l fP d i 1 ��I" - ,:4\ 'tilt M •� e cl ; © y f h a i t • t! LJ + � = i� ! f N d • 4 r o 4 d 1 © �i'.t i I N 5 iCf'S6 C t 4 rl } 11.ti C V7 ej 14 :e t}.t� •f .rW d '�33 } B b t w 1 i �, ; ! s SeVen Ctr E ak BIVd i v E � 9+7 i ' s 7 •';j 1.Church site at Stelling and Homestead-corn 1 overlay 2.PG&E site at Blaney&Homestead-corn'l overlay City Blaney 3.Vallco Shopping District Boimclaiy 3a.Sean 13b.Vallco Mill(3c.JCP/3d.Simeon(3e.KCR 3 3/5/2013 s ' 0 -1r 2013 dA Add kittnai pppor�urulyf Site flap;; e w x ,Homes�ead tld -, • e ; �t =t ' + t/Al t �© Q ., yyyyy.� o -. 200=,-*-1,7^— r,,,, K, 1 ` r r r ... - r g 7 } a ' t �4:r e ; 7 t 1 4� V 1P 14 , C 35 i tea S m' e o 4 4(`� Q. 3 `` �� ,,.. + f P� a m• + � ; ' tet! creek Btvci .~•i rt E Y a {_ a as '' � Mh t 77 p, *tS. 7i. •F,:+t.tfy, .1"^.. ry, e r' f1 a i.t'i: 1.Target/Bottegas Center/Leong(Fatima) 4.City Center 2.Stevens Creek Business Center 5.Mirapath(near the PG&E site) Cit Boundary 3.Cupertino Inn 6.Cupertino Village Additional Opportunity Sites Although the additional review proposed by the owners of these additional opportunity sites goes beyond the scope that staff would ordinarily consider including in the GPA Process,staff believes that this would allow for: • Increased community involvement&comprehensive community discussion of land use and height alternatives for these major potential development sites • Community-wide dialogue on heights,land use and development allocation,although inclusion in the GPA process will not guarantee any particular outcome for the owners of these opportunity sites 4 3/5/2013 Cost Allocation Process for Interested Parties The"fair share"allocation to determine the costs for each property is based upon the following weighting factors: • Base Cost-for each site • Area Charge-for sites scattered over more than one area • Height Increase Review • Land Use Change-CG overlay • Land Use Change-Residential • Development Allocation • Site Size Cost Allocation Process for Interested Parties • For property owners who have agreed to share in the cost of reviewing their sites in advance,they will be charged the fair share of total consultant costs and 10%for administrative costs,based on their weighted factors. • For property owners who are not funding the consultant fees at this time, these owners will be required to pay the deferred fair share of costs based upon the fair share of total consultant costs,staff and miscellaneous costs (estimated at 35%of consultant costs)and carrying costs at a rate of 4%per year • This will be translated into a cost per square foot for these properties and paid when their projects are approved • Cost of development allocations will be calculated by a consultant at the end of the process and a General Advance Planning fee will be proposed (on a per square foot basis) For projects requesting additional allocation 5 3/5/2013 Property Owners of Opportunity Sites Funding Review in Advance 1. Volckmann-Stevens Creek Office Center 2. Vidovich-Cupertino Inn 3. Prometheus-City Center 4. Doris Yeh-Mirapath 5. Kimco-Cupertino Village 6. KCR Development-site north of JC Penney in the Vallco Shopping District Fair Share allocation of consultant costs for each of these properties has been calculated based on the current scope of consultant costs. Any increase in scope and related consultant costs will be apportioned among the various parties using the same weighting factors. Since the Target/Bottegas/Leong property owners have not committed to funding their fair share in advance,staff is not recommending to add their sites to the GPA process at this time GPA, Specific Plan & EIR Costs • The total cost for the General Plan and its associated EIR is$1,036,545. • The cost for the Vallco Specific Plan and EIR is$495,407(total budget for GPA, Specific Plan and EIR would be$1,531,951). • The City would be able to save$103,197 by combining the EIR for the GPA and Specific Plan(total budget for GPA,Specific Plan and EIR(total budget for GPA,Specific Plan and EIR would be$1,428,755). • However,since the majority of Vallco Shopping District property owners do not have specific development plans at this time and are not planning to fund the Specific Plan,staff is not recommending moving forward with the Specific Plan. 6 3/5/2013 GPA & EIR Staff recommends that Council approve funding only the General Plan Amendment and its associated EIR at this time. • This allows the City to proceed with the GPA and the larger issue of land use alternatives for the Vallco Shopping District,while deferring the Specific Plan. • The GPA process will still involve the Vallco Shopping District owners in developing three(3)land use alternatives that can inform the Specific Plan process,and would require a smaller contribution to the City. • Staff has drafted the consultant contracts to give the City the option to authorize the Vallco Shopping District Specific Plan and its associated separate EIR within 6 months of starting the GPA process. • However,staff would still need additional approval from the Council before authorizing the Specific Plan,if and when the City chooses to move forward on the Specific Plan. Budget Amount Request and Fiscal Impact • Total cost of the GPA and its associated EIR that staff is recommending is$1,036,545 • Council has budgeted$350,000 for the GPA process for FY 2012-2013 • Fair share for property owners who will contribute in advance to the consultant costs will total$436,037(not including 10%administrative costs) • The remaining$100,000 needed would come from internal savings for the current fiscal year. Staff is recommending that the Council approve a budget amendment to fund the balance of$150,507 from unassigned reserves to proceed with the General Plan Amendment and its EIR. 7 3/5/2013 Recommendation Staff recommends that the City Council approve the following: 1. Scopes of work for the preparation of a GPA,Vallco Specific Plan, and associated Environmental Impact Reports (EIRs) 2. Budget amendment for$150,507 to fund the costs of the GPA process, for a total GPA process budget amount of$1,036,545 3. Authorization for the City Manager to approve the contract with MIG as the planning consultant for an amount not to exceed$476,096 4. Authorization for the City Manager to approve the contract with The Planning Center/DC&E to prepare the EIR for the GPA for an amount not to exceed$393,490 5. Authorize the City Manager to approve Contract Change Orders (CCOs)for the consultant contracts 8