December 16 packet amendedCITY OF CUPERTINO
AGENDA
Tuesday, December 16, 2014
10350 Torre Avenue, Council Chamber
CITY COUNCIL
3:00 PM
AMENDED
Amended on 12/11/14 to renumber the Regular Meeting agenda items
Amended on 12/11/14 to replace the word "postpone" with the word "continue"
under Postponements and Item #13
SPECIAL MEETING - 3:00 PM
10350 Torre Avenue, Community Hall Council Chamber
ROLL CALL
STUDY SESSION
1.Subject: Study session for Stevens Creek Boulevard to McClellan Road Creek
Corridor Master Plan on recommended alternatives to proceed with an EIR
Recommended Action: Schedule Study Session for Stevens Creek Boulevard to
McClellan Road Creek Corridor Master Plan on recommended alternatives to
proceed with an EIR
Staff Report.doc
A - Option A.pdf
B - Option A site plan.pdf
C - Option B.pdf
D - Option B site plan.pdf
E - Option C.pdf
F - Option C site plan.pdf
G - Exist Conditions Site Map.pdf
H - Demo_Rec_Trends.pdf
I - Order.of.Magnitude_Costs Final.pdf
J - Existing Transp Conditions.pdf
K - Golf Course Draft Report.pdf
L - Public_ Input Nov-Dec Summary.pdf
Page 1 CITY OF CUPERTINO
1
December 16, 2014City Council AGENDA
CLOSED SESSION - Following study session
2.Subject: Conference with Legal Counsel - Initiation of Litigation pursuant to
subdivision (c) of Section 54956.9: Two Cases
###
REGULAR MEETING - 6:45 PM
10350 Torre Avenue, Community Hall Council Chamber
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1.Subject: Fine Arts Commission annual update
Recommended Action: Receive the update
POSTPONEMENTS
Continue Item #13 Appeal of a Planning Commission approval of a personal wireless
service facility at Cupertino High School to January 20, 2015
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on
any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases,
State law will prohibit the council from making any decisions with respect to a matter
not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a
member of the public, it is requested that items under the Consent Calendar be acted on
simultaneously.
2.Subject: Approve the November 10 City Council minutes
Recommended Action: Approve the minutes
A - Draft Minutes
3.Subject: Accept Accounts Payable for period ending November 21, 2014
Recommended Action: Adopt Resolution No. 14-221 accepting Accounts Payable
for the period ending November 21, 2014
Page 2 CITY OF CUPERTINO
2
December 16, 2014City Council AGENDA
A - Draft Resolution
B - AP Report
4.Subject: Accept the City Financial Reports for Fiscal Year Ending June 30, 2014
Recommended Action: Accept the reports
Staff Report
A - FY2013-14 Comprehensive Annual Financial Report
B - Memorandum on Internal Control and Required Communications
C - Independant Accountant's Report on Applying Agreed-Upon Procedures for the City of Cupertino Investment Policy
D - Draft Resolution
5.Subject: Cancel the second meeting in February (17th)
Recommended Action: Cancel the meeting
Staff Report
6.Subject: Approve the destruction of records from the City Manager, Human
Resources, Public Works, and Recreation & Community Services departments
Recommended Action: Adopt Resolution No. 14-222 approving the destruction of
records from the City Manager, Human Resources, Public Works, and Recreation &
Community Services departments
Staff Report
A - Draft Resolution
B - Approved Reso. No. 13-094
7.Subject: Declare weeds a nuisance and set hearing date of January 20 for
objections to proposed removal
Recommended Action: Adopt Resolution No. 14-223 declaring weeds a nuisance
and setting hearing date of January 20 for objections to proposed removal
Staff Report
A - Draft Resolution
8.Subject: Accept resignation of Parks and Recreation Commissioner Darcy Paul
and termination of Fine Arts Commissioner Russell Leong and direct staff to fill
the unscheduled vacancies
Recommended Action: Accept resignation of Parks and Recreation Commissioner
Darcy Paul and termination of Fine Arts Commissioner Russell Leong and fill the
unscheduled vacancies from applicants being interviewed in January 2015
Staff Report
A - Darcy Paul resignation letter
B - Russell Leong termination letter
9.Subject: Application for Alcoholic Beverage License for Homestead Bowl,
20990 Homestead Road
Page 3 CITY OF CUPERTINO
3
December 16, 2014City Council AGENDA
Recommended Action: Recommend Approval of the Application for Alcoholic
Beverage License for Homestead Bowl, 20990 Homestead Road
Staff Report
A - Application
10.Subject: A resolution approving a parcel map for the Apple Campus 2 property in
the Vallco Park North area that subdivides approximately 173.6 acres into five
parcels
Recommended Action: Adopt Resolution No. 14-224 approving a parcel map for the
Apple Campus 2 property in the Vallco Park North area that subdivides
approximately 173.6 acres into five parcels
Staff Report
A - Draft Resolution
B - Parcel Map
11.Subject: Quinlan Community Center Interior Upgrade Project, No. 2010-9255
Recommended Action: Authorize the City Manager to award a contract to CRW
Industries, Inc. of Scotts Valley, CA in the amount of $288,242; and approve a
construction contingency of $57,648 (20%) for a total of $345,890
Staff Report
A - Draft Contract
SECOND READING OF ORDINANCES
12.Subject: Conduct Second Reading and Enact Amendments to the Zoning Map
and Municipal Code to conform to the General Plan and Housing Element
Amendments, as well as text changes to Chapters in Title 18 and Title 19, of the
Municipal Code regarding zoning, density bonuses, below-market rate housing,
and the addition of Chapter 13 (Parkland Dedication Fee) and other clean-up to
comply with state law, consistency and to improve readability.
Recommended Action: Conduct the second reading and enact the following:
1.Ordinance No. 14-2124, “An Ordinance of the City Council of the City of
Cupertino Rezoning Certain Sites in the City for conformance with the General Plan
and Housing Element,” Zoning Map Amendment, Z-2013-03; and
2. Ordinance No. 14-2125, “An Ordinance of the City Council of the City of
Cupertino amending various Chapters in Title 18 and Title 19, including the
amendment of the Density Bonus Ordinance, the addition of a Chapter in Title 19 to
implement policies in the General Plan, the addition of a Chapter in Title 13 to
improve readability,” Municipal Code Amendment, MCA-2014-01.
Description: Application No(s): Z-2013-01, MCA-2014-01; Applicant(s): City of
Cupertino; Location: citywide
Page 4 CITY OF CUPERTINO
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December 16, 2014City Council AGENDA
Staff Report
A - Ordinance No. 14-2124
B - Ordinance No. 14-2125
C - Summary of Amendments
D - Redline Chapters 19.80 and 19.144
PUBLIC HEARINGS
13.Subject: Appeal of a Planning Commission approval of a personal wireless
service facility at Cupertino High School
Recommended Action: Continue the hearing date to January 20, 2015
ORDINANCES AND ACTION ITEMS
14.Subject: Council committee assignments
Recommended Action: Approve assignments
15.Subject: Follow-Up to November 6, 2014 Community Workshop on Traffic
Safety around Schools
Recommended Action: Receive presentation on a summary of comments and
suggestions received at the November 6, 2014 Community Workshop and provide
direction on any mid-year budget proposals or amendments to the municipal code.
Direct staff to move forward on the following four actions:
·Prepare a mid-year budget proposal for the installation of green bike lanes at
various key locations in the tri-school area (Kennedy Middle School, Lincoln
Elementary, and Monta Vista High) and near Cupertino High School;
·Bring to Council an ordinance for consideration to prohibit trucks in school zones
except on major collector or arterial streets;
·Work with the Cupertino Union School District, Fremont Union High School
District and the Santa Clara County Sheriff’s Office to engage a mobility consultant
to make recommendations and prioritize bicycle and pedestrian education and
encouragement programs, safety improvements, and enforcement strategies;
·Work with Recology on a pilot program to adjust trash/recycling/yard waste haul
routes and schedules to reduce conflicts between carts and bike lanes;
·Continue to work with the Valley Transportation Authority (VTA) and the school
districts on possible bus solutions to reduce school traffic congestion.
Staff Report
A - Comments
B - Initiatives
C - Traffic Safety FAQs
D - Letter to VTA
Page 5 CITY OF CUPERTINO
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December 16, 2014City Council AGENDA
REPORTS BY COUNCIL AND STAFF
ADJOURNMENT
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the
City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s office for more information or go to
http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the
next City Council meeting who is visually or hearing impaired or has any disability that needs special
assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council
meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City
Council meeting agendas and writings distributed for the meeting that are public records will be made
available in the appropriate alternative format. Also upon request, in advance, an assistive listening
device can be made available for use during the meeting.
Any writings or documents provided to a majority of the Cupertino City Council after publication of the
packet will be made available for public inspection in the City Clerk’s Office located at City Hall,
10300 Torre Avenue, during normal business hours and in Council packet archives linked from the
agenda/minutes page on the Cupertino web site.
Members of the public are entitled to address the City Council concerning any item that is described in
the notice or agenda for this meeting, before or during consideration of that item. If you wish to
address the Council on any issue that is on this agenda, please complete a speaker request card located
in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called,
proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on
any other item not on the agenda, you may do so by during the public comment portion of the meeting
following the same procedure described above. Please limit your comments to three (3) minutes or less.
Page 6 CITY OF CUPERTINO
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0433 Name:
Status:Type:Study Session Agenda Ready
File created:In control:9/15/2014 City Council
On agenda:Final action:12/16/2014
Title:Subject: Study session for Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan
on recommended alternatives to proceed with an EIR
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report.pdf
A - Option A.pdf
B - Option A site plan.pdf
C - Option B.pdf
D - Option B site plan.pdf
E - Option C.pdf
F - Option C site plan.pdf
G - Exist Conditions Site Map.pdf
H - Demo_Rec_Trends.pdf
I - Order.of.Magnitude_Costs Final.pdf
J - Existing Transp Conditions.pdf
K - Golf Course Draft Report.pdf
L - Public_ Input Nov-Dec Summary.pdf
Action ByDate Action ResultVer.
City Council12/16/20141
Subject:StudysessionforStevensCreekBoulevardtoMcClellanRoadCreekCorridorMaster
Plan on recommended alternatives to proceed with an EIR
ScheduleStudySessionforStevensCreekBoulevardtoMcClellanRoadCreekCorridor
Master Plan on recommended alternatives to proceed with an EIR
CITY OF CUPERTINO Printed on 12/11/2014Page 1 of 1
powered by Legistar™7
RECREATION AND COMMUNITY SERVICES DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3110 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: December 16, 2014
Subject
Study session for the Stevens Creek Boulevard to McClellan Road Creek Corridor
Master Plan (SCC Master Plan) and recommend alternatives to proceed with an
Environmental Impact Analysis.
Recommended Action
Schedule study session for the Stevens Creek Boulevard to McClellan Road Creek
Corridor Master Plan and recommend alternatives to proceed with an Environmental
Impact Analysis.
Description
The City launched a master planning project to look at the 65 public acres from Stevens
Creek Boulevard to McClellan Road in Spring 2014 and hired MIG, a landscape
architecture and public engagement firm, to lead the project. The Master Plan includes
the areas of McClellan Ranch Preserve, McClellan Ranch West, Blackberry Farm Park,
Blackberry Farm Golf Course, Stocklmeir Ranch, the Stevens Creek Trail and associated
lands. The master plan does not address the four cities coordinated Stevens Creek Trail
Feasibility Study.
Discussion
There have been several master planning/visioning projects throughout the years on
various portions of this property starting with the 1993 McClellan Master Plan (MP) and
concluding with the 2012 McClellan Ranch MP update. We are currently looking at this
project in its entirety due to our changing demographics over the past 15 years, the
recent acquisition of the residential property at 22050 Stevens Creek Blvd., and the
needs of our aging infrastructure within the corridor. These include, but are not limited
to, refurbishment of a 62 year old golf course and its failing irrigation system, aging
pool equipment, barn stabilization needs, conditions of the Blue Pheasant, Simms and
Stocklmeir buildings, and park access conditions.
Among the goals of the master plan are:
Enhance Riparian habitat throughout the corridor
8
Provide for appropriate year-round park-related programming and uses in the
corridor;
Restore buildings, land and infrastructure to protect the integrity of the assets;
Improve ingress/egress to the park;
Meet community needs given our changing demographics;
Enhance sustainability of our golf course property, and;
Invest our funds wisely while accommodating community goals.
We are committed to creating a plan that aligns with local needs, preferences and
priorities. As community input is integral to each phase of the SCC Master Plan, we
have reached out to our community through 4 intercept events, focus group and
stakeholder interviews, online questionnaires, two community events, social media
notifications, a citywide mailing, and information on our website and in the Scene.
MIG was tasked with proposing three alternatives for Council consideration. They are
presented as:
1. Alternative A (highest intensity),
2. Alternative B (medium intensity), including a preferred alternative for the golf
course from the National Golf Foundation (NGF), and
3. Alternative C (lowest intensity) – including a second alternative for the golf
course from the NGF.
All three alternatives will be presented in detail at the study session.
MIG and staff will need direction from the Council as to the preferred alternative for
purposes of impact evaluation in order to proceed with the Environmental Impact
Analysis. The entire process, along with all associated reports, is estimated to take
approximately 9 months to complete. The final SCC Master Plan and Environmental
Impact Report are anticipated to be brought to Council in September 2015 for approval.
Fiscal Impact
No impact will result from this study session.
____________________________________
Prepared by: Carol A. Atwood, Director of Recreation & Community Services
Approved for Submission by: David Brandt, City Manager
Attachment:
A –Design Option A
B- Option A-Site plan
C-Design Option B
D-Option B-Site plan
E-Design Option C
9
F-Option C-Site plan
G-Existing Conditions Site Map
H-Demographics and Recreation Trends Summary
I-Order of Magnitude Cost Estimate
J-Existing Transportation Conditions
K-Golf Course Draft Report
L-Public Input/November-December 2014
10
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GRAND PARK ENTRY: Green space gateway to reflect park identity and character, with large shade trees, landscaping, identity and wayfinding signage, and visual access to the creek.STEVENS CREEK: Repair and restore north side of creek bank at proposed parking area. GLADE: A grassy meadow under the canopy of deciduous trees provides open, flexible green space available for everyday use or spillover events form the court sports.COURT SPORTS: Bocce ball and turf volleyball/badminton courts at the south end of the glade.TANK HOUSE: Exterior restoration of Nathan Hall Tank House with interpretive signage.PEDESTRIAN, BIKE, AND VEHICLE CIRCULATION: Access points for pedestrian and bike loop trails that serve the park—featuring trail maps and interpretive signage. For vehicles, the main park entrance road from Stevens Creek Blvd creates a north-south spine for circulation and is lined with large shade trees in the style of a country estate drive. Parking areas are provided on the east and west sides of the entrance road.DESTINATION POOL COMPLEX: Expanded and enhanced swimming and water play facilities with year-round programming, moved away from existing footprint. Includes lap swim, sloped entry pool, spray play elements, lifeguard tower, and ADA improvements, as well as pool house with dressing rooms, lockers, showers, and restrooms. Also includes staff office.INDOOR/OUTDOOR DINING: Café building with food service, eating area with picnic tables, open area, and space for temporary food truck service during events. STAFF OFFICES: Building space for offices, meetings, and trainings.PEDESTRIAN, BIKE, AND VEHICLE CIRCULATION: Area is accessible from bike/pedes-trian trail along the east edge, and bike/pedestrian pathway along the main spine road to the west. Vehicular circulation is accessible from the main spine road, with a parking area to the south.MULTI-USE SPORTSFIELDS: Two natural turf, multi-use, rectangular sportsfields suitable for practice and play. Lighted for evening use. Can also serve as large, open air event space for movies in the park, etc.ARRIVAL COURT: buffer between the two sportsfields with arrival court that including restrooms and storage at the west end, and a small picnic plaza at the east end.PEDESTRIAN, BIKE, AND VEHICLE CIRCULATION: Pedestrian and bike loop trail is located along the perimeter of the pool complex and sports fields. Large linear parking lot is located along western edge of fields and is accessible from main entrance road.MAINTENANCE BUILDING AND OPERATIONS: New maintenance building in location of existing retreat center. Includes vehicle bays with charging stations, equipment storage, and restrooms.PEDESTRIAN, BIKE, AND VEHICULAR CIRCULATION: Pedestrian and bike point of access for east side neighborhood users via separated path. Access road is for emergency, maintenance, and staff vehicles only.DESTINATION PLAY: Large, custom play area with features such as climbing sculptures, walls, and structures; and water and sand play.OUTDOOR DINING: Eating area with picnic tables and space for temporary food truck service during peak use times and events.MAINTENANCE YARD: Existing maintenance facilities are upgraded for use by Public Works and Parks staff. Improvements include new electrical cart storage area and restrooms. PEDESTRIAN, BIKE, AND VEHICULAR CIRCULATION: Pedestrian and bike access from bike/pedestrian trail along the west edge, and from walking path along central spine road to the east. Small parking area located to the east side of the play area off the central spine road.OBSTACLE CHALLENGE COURSE: A series of climbing, balancing, and teamwork elements, suitable for guided and unguided use by kids and adults.ADVENTURE PLAY: Area for self-directed play with opportunities to imagine, experiment, and create. Elements include water, mud, and sand, parts and tools for building and dismantling, climbing boulders and trees. Designed and supervised to create a safe space for risk-taking, limit-testing, and trial-and-error activities.NATURAL PLAY AREA: Custom designed play area for open-ended, sensory play, built with natural materials like sand, wood, and boulders. Opportunities to connect play and learning in a natural environment. BIKE AND PEDESTRIAN CIRCULATION: Pedestrian/bike access from perimeter loop trail.
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TRAILHEAD KIOSK: Small kiosk building with visitor’s information; trail maps; interpretation about Stevens Creek, park offerings, and natural/cultural history; restrooms; and an outdoor seating area.TANK HOUSE: Exterior restoration of Nathan Hall Tank House with interpretive signage.GOLF MAINTENANCE HEADQUARTERS: New maintenance building at park entrance area. PEDESTRIAN, BIKE, AND VEHICLE CIRCULATION: Access points to pedestrian and bike loop trails that serve the park—featuring trail maps, water spigots, and interpretive signage. For vehicles, the main park entrance road from Stevens Creek Blvd creates a north-south spine, lined with large shade trees in the style of a country estate drive. Parking areas provided just east of the entrance and at the Trailhead Kiosk west of the entrance.NEW 9-HOLE PAR 3 GOLF COURSE: A newly configured, 9-hole golf course with wildlife-friendly design and wildlife/water conscious maintenance plan. Smaller footprint and more family focused than the existing course. HABITAT FEATURE AT FORMER PONDS: Existing man-made ponds to be renovated and enhanced with native and/or wildlife-friendly vegetation for greater wildlife value and stormwater filtration.NEW IRRIGATION: New irrigation system including a water tower (located in the roundabout) is designed to reflect the identity and character of the park.PEDESTRIAN, BIKE, AND VEHICLE CIRCULATION: Pedestrian and bike loop trail along the perimeter of the golf course with shade trees and landscaped views. Vehicular access is via the main spine road and large parking lot areas are shared with the pool complex.CLUBHOUSE/STAFF OFFICES: Restaurant with indoor and outdoor dining areas, golf pro-shop, restrooms, offices for staff, break room, storage, and cart barn.PEDESTRIAN, BIKE, AND VEHICLE CIRCULATION: Pedestrian and bike point of access for east side neighborhood users via separated path. Vehicular access road is for emergency, maintenance, and staff vehicles only.EXPANDED POOL COMPLEX: New swim and water play facilities with expanded footprint. Include lap swim, sloped entry pool, splash pad/spray play area, and ADA improvements.INDOOR AND OUTDOOR EATING: Pool café has eating area with picnic tables, open area, and space for temporary food truck service during peak use times and events. Additional outdoor eating area is connected to clubhouse plaza.MAINTENANCE YARD: Existing maintenance yard is upgraded for use by Parks and Public Works staff. Improvements include new electrical cart storage area, restroom, etc. PEDESTRIAN, BIKE, AND VEHICLE CIRCULATION: Trail access provided along the west edge, and from bike/pedestrian pathway along the main spine road. Arrival plaza and parking in large lot are shared with clubhouse.OFF-ROAD CYCLING AREA: Built course of mountain bike skills-building challenges, appropriate for a range of skill levels, from toddlers on balance bikes to advanced adult cyclists.NATURAL PLAY AREA: Custom designed play area for open-ended, sensory play, built with natural materials like sand, wood, and boulders, and incorporating loose parts and running water. Opportunities to connect play and learning in a natural environment. BIKE AND PEDESTRIAN CIRCULATION: Pedestrian/bike access from perimeter loop trail.
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CLUBHOUSE/RESTAURANT: Replace existing building with new structure to include a restaurant with indoor and outdoor eating areas, golf pro-shop, restrooms, offices for staff, break room, storage, and cart barn.TANK HOUSE: Exterior restoration of Nathan Hall Tank House with interpretive signage.GOLF AMENITIES: Features such as a pitching/putting green or golf simulators are included to support the golf program on site.PEDESTRIAN, BIKE, AND VEHICULAR CIRCULATION: Access points to pedestrian and bike loop trails that serve the park—featuring trail maps and interpretive signage. Short park entrance road with parking lots to the east and west and a roundabout drop-off point, trees, and a low wall along Steven Creek Blvd.ENHANCED GOLF COURSE: Updated golf facilities with improved greens and more focus on practice space and teaching stations. HABITAT FEATURE AT FORMER PONDS: Existing man-made ponds to be renovated and enhanced with native and/or wildlife-friendly vegetation for greater wildlife value and stormwater filtration. Alternative option to upgrade existing feature with a new, recirculating freshwater pond system.ENHANCED UTILITIES: Strategic addition and refinement of utility systems, including irrigation.PEDESTRIAN, BIKE, AND VEHICULAR CIRCULATION: Pedestrian and bike loop trail along the west side of golf course with shade trees and landscaped views. Vehicular access via San Fernando Ave entrance road. Large parking lot areas are shared with the pool complex.GOLF MAINTENANCE BUILDING: Existing building for storage of maintenance vehicles and equipment. VEHICULAR CIRCULATION: Entrance road from San Fernando Ave moved north to provide a buffer between road and residences and to reduce pedestrian/vehicle conflicts. Main entrance road provides access to golf course and pool complex and leads to large parking area.ENHANCED POOL COMPLEX: New swim and water play facilities within same general footprint as existing pool complex. Includes lap swim, lifeguard station, ADA improvements, splash pad, as well as café, pool house with dressing rooms, lockers, showers, and restrooms. Also includes new staff office building to the east.MAINTENANCE YARD: Existing maintenance yard is upgraded for use by Parks and Public Works staff. Improvements include new electrical cart storage area and renovated restroom. PEDESTRIAN, BIKE, AND VEHICULAR CIRCULATION: Pedestrian and bike trail access along the west edge and from bike/ped pathway along the entrance road. Vehicular parking in large lot that is shared with golf course.GREAT LAWN: Large, natural grassy area. Opportunity for informal play and community events and gatherings.COURT SPORTS: Existing bocce ball courts remain and a new turf volleyball court is provided. Volleyball court can also host badminton. BIKE AND PEDESTRIAN CIRCULATION: Pedestrian and bike access from perimeter loop trail.
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17
Stevens Creek Corridor Master Plan | 1
DEMOGRAPHIC &
RECREATION TRENDS
Introduction
The Demographics and Recreation Trends Analysis helps inform decision-making processes in
terms of understanding changes in user preference of spaces, facilities and recreation pursuits
over time. Populations are dynamic: people move in and out of a community, people who stay in
a community age, and people are born and die every day. Demographic shifts can result in
changes in consumer preferences, including for recreation.
This document presents a population profile for Cupertino, covering population projections,
income, employment, household composition, ethnicity, and age; and findings on recreation
trends related to demographics. Additional recreation trends that affect facility planning and
design will be addressed in a subsequent work product.
Cupertino’s Population Profile
The following sections detail demographic characteristics and trends in Cupertino, including
how the city has changed and grown in recent years, which will inform the subsequent
project needs analysis. Demographic data were compiled from the 2010 U.S. Census
Decennial Census and 2008-2012 American Community Survey (ACS). The ACS publishes
estimates of demographic conditions for geographies the size of Cupertino based on
statistical sampling conducted continuously over a three-year period. While these data
cannot represent conditions at a specific point in time, as in the previous decennial
censuses, they are updated on an annual basis and offer a valuable means to compare
characteristics across geographies. Estimated future changes in population, households, and
employment were based on projections provided by the Association of Bay Area
Governments (ABAG). To the extent that data are available, information is presented for
Cupertino along with comparative information for Santa Clara County and the nine-county
Bay Area. The base year of the demographic analysis is 2010 to facilitate comparisons and
for consistency with ABAG forecasts.
Population
Between 2000 and 2010, the rate of population and household growth in Cupertino
surpassed the growth rate in surrounding areas. As shown in Table 1, Cupertino had a
population of 58,302 residents and 20,181 households in 2010. These figures represent a 15
percent increase in population and an 11 percent increase in households since 2000,
significantly higher than the rate of growth in Santa Clara County (six percent increase in
population; seven percent increase in households) and the Bay Area (five percent increase in
population; six percent increase in households). A portion of this population growth can be
attributed to the City’s annexation of 168 acres of land between 2000 and 2008. Cupertino’s
18
DEMOGRAPHIC AND RECREATION TRENDS ANALYSIS
2 | December 2014
annexation of Garden Gate, Monta Vista, and scattered County “islands” added 1,600 new
residents. After removing the population increases from these annexations, the City of
Cupertino experienced a 12 percent increase in its population during the previous decade.
Overall, the state of California’s population grew at a similar rate to Cupertino, with an
overall increase of 10 percent. For 2013, the population of Cupertino is estimated to be
60,189. According to Department of Finance figures, the population was 59,946 as of
January 1, 2014.
Table 1: Population and Household Trends, 2000-2010
2000 2010
Percent
Change
2000-2010
Cupertino Population 50,546 58,302 15.3%
Households 18,204 20,181 10.9%
Santa Clara County
Population 1,682,585 1,781,642 5.9%
Households 565,863 604,204 6.8%
Bay Area (a) Population 6,783,760 7,150,739 5.4%
Households 2,466,019 2,608,023 5.8%
California Population 33,871,648 37,253,956 (b) 10.0%
Households 11,502,870 12,577,498 (b) 9.3%
Notes:
(a) The nine-county Bay Area includes Alameda, Contra Costa, Marin, Napa, San Francisco, San
Mateo, Santa Clara, Solano, and Sonoma counties.
(b) Average household size and household type figures from American Community Survey (ACS),
2007-2011.
Sources: U.S. Census 2000 & 2010; BAE, 2013.
Household Composition
Households in Cupertino tend to about the same size as Santa Clara County, but slightly
larger than average for the Bay Area as a whole. In 2010, the average household size was
approximately 2.9 persons in Santa Clara County and in the overall State of California, as
shown in Table 2. Cupertino has an average of 2.83 persons per household, slightly lower
than the county and state averages. According to data from the Association of Bay Area
Governments (ABAG), Cupertino has a larger proportion of family households and
households with children than Santa Clara County and the Bay Area. Family households
accounted for more than three-quarters of all Cupertino households (approximately 78
percent) in 2010, compared to 71 percent of households in Santa Clara County and 65
percent of households in the Bay Area. Close to half of all family households in Cupertino
(46 percent) included children under the age of 18, compared to approximately one third in
Santa Clara County (35 percent) and the Bay Area (30 percent). The large and growing
number of households with children in Cupertino is due largely to the highly rated school
districts that serve the city.
19
DEMOGRAPHIC AND RECREATION TRENDS ANALYSIS
Stevens Creek Corridor Master Plan | 3
Household characteristics suggest recent demographic shifts in Cupertino, leading to larger
household sizes, more families, and more households with children. The average household
size in Cupertino increased from 2.75 persons in 2000 to 2.83 persons in 2010, while the
average household size was essentially unchanged in the Bay Area. The proportion of family
households and households with children also increased between 2000 and 2010 in
Cupertino while changing only slightly in Santa Clara County and the Bay Area.
Table 2: Household Composition, 2000-2010
2000 2010
Percent
Change
2000-2010
Cupertino Household Size 2.75 2.83 2.9%
Santa Clara County
Household Size 2.92 2.89 -1.0%
Bay Area (a) Household Size 2.69 2.69 0%
California Household Size 2.87 2.91 1.4%
Source: American Community Survey (ACS), 2007-2011
Age Distribution
Census data, as summarized by ABAG, indicates that Cupertino residents have a slightly
higher median age than residents in the region, and the city has a significantly different
distribution of age cohorts. In 2010, the median age in Cupertino was 39.9, compared to
36.2 in Santa Clara County. Looking at the age cohorts, as shown in Table 3, Cupertino has a
high proportion of children under 18 (28 percent of the population in 2010, compared to 24
percent in the county and 22 percent in the region) and adults in the 35 to 64 years-of-age
cohort (46 percent of the population in 2010, compared to 41 percent in the county and 42
percent in the region). Conversely, the city has a lower proportion of adults in the 18 to 34
years-of-age cohort, which accounted for only 14 percent of the population in Cupertino and
24 percent of the population in the county. These data demonstrate that Cupertino is
primarily populated by families with children and that young adults do not comprise a large
portion of the population, though there is a significant adult and middle-aged population.
20
DEMOGRAPHIC AND RECREATION TRENDS ANALYSIS
4 | December 2014
Table 3: Age Distribution, 2000-2010
Age Cohort
City of Cupertino Santa Clara County
2000 2010 2000 2010
Under 15 22.4% 22.5% 20.9% 20.2%
15 to 17 4.3% 5.1% 3.9% 3.9%
18 to 20 2.5% 2.8% 3.9% 3.8%
21 to 24 2.7% 2.8% 5.4% 5.1%
25 to 34 12.1% 8.6% 17.8% 15.1%
35 to 44 21.0% 18.2% 17.6% 15.6%
45 to 54 15.4% 17.3% 13.0% 14.8%
55 to 64 8.7% 10.2% 8.0% 10.4%
65 to 74 5.8% 6.2% 5.2% 6.0%
75 to 84 3.8% 4.0% 3.3% 3.5%
85 + 1.4% 2.2% 1.1% 1.5%
Median Age 37.9 39.9 34.0 36.2
Sources: Association of Bay Area Governments (ABAG), Housing Element Data Profiles, December 2013
Ethnicity
Cupertino differs markedly from the county and region with respect to the racial and ethnic
breakdown of the population. In 2010, almost two thirds (63 percent) of the population of
Cupertino was of Asian descent, while approximately one third of the population of Santa
Clara County and one quarter of the population of the Bay Area consisted of individuals of
Asian descent. In all three geographies, data from 2010 demonstrate a significant increase in
the Asian population compared to 2000; however, the difference is especially notable in
Cupertino, where the Asian population grew by nearly 20 percent between 2000 and 2010.
Compared to the county and region, Cupertino had a smaller share of individuals from all
other racial and ethnic groups in 2010. The city’s share of individuals of Hispanic origin (four
percent of the population) is particularly small relative to Santa Clara County (27 percent of
the population) and the region (24 percent of the population).
A sizeable portion of the population is foreign-born, which attributes to the ethnic
heterogeneity of the City. According to the ACS survey, over 29,000 residents of the City
were foreign-born, almost half of the population. Of the foreign-born population, 83% are of
Asian descent. This immigrant population is highly-educated and high-earning, with 33% of
the population being college-educated, and nearly half (47.5 percent) having obtained a
post-graduate or professional degree. Approximately 91 percent of the population speaks a
language other than English, and 34 percent reports that they speak English “less than very
well.” Typically, these foreign-born residents gravitate towards jobs in either manufacturing
or professional jobs in scientific, technical, or management positions, with more than three-
quarters (76.4 percent) earning over $75,000 per year.
21
DEMOGRAPHIC AND RECREATION TRENDS ANALYSIS
Stevens Creek Corridor Master Plan | 5
Table 4: Cupertino Ethnicity, 2000-2010
Census 2000 Census 2010 Percent
change in
City
Population
2000-2010
Ethnicity Total Percent Total Percent
White 25,342 50.1% 18,270 31.3% -27.9%
Black or African American 347 0.7% 344 0.6% -0.9%
American Indian and
Alaska Native 101 0.2.% 117 0.2% 15.8%
Asian 22,462 44.4% 36,895 63.3% 64.3%
Native Hawaiian and
Other Pacific Islander 67 0.1% 54 0.1% -19.4%
Some other race 639 1.3% 670 1.1% 4.9%
Two or more races 1,588 3.1% 1,952 3.6% 22.9%
Total 50,546 100% 58,302 100% 15.3%
Hispanic or Latino
(of any race) 2,010 4.0% 2,113 3.6% 5.1%
Total Not Hispanic or
Latino 48,536 96% 56,189 96.4% 15.8%
Sources: U.S. Census 2000 & 2010, Association of Bay Area Governments (ABAG)
Household Income
Households in Cupertino earn significantly higher annual incomes than households in Santa
Clara County and the Bay Area. ABAG data indicates that the median annual household
income in Cupertino was over $124,825, approximately $36,700 higher than the median
household income in Santa Clara County ($89,064). Income disparity between Cupertino and
the region was most substantial in the high income categories. Approximately 62 percent of
all households in Cupertino had an annual income of $100,000 or more, while only 45
percent of households in Santa Clara County and 39 percent of households in the Bay Area
had an annual income of $100,000 or more.
22
DEMOGRAPHIC AND RECREATION TRENDS ANALYSIS
6 | December 2014
Table 5a: Household Income Distribution, 2011
Household
Income
City of Cupertino Santa Clara County Bay Area (a)
Number Percent Number Percent Number Percent
Less than $24,999 1,844 9.1% 79,057 13.2% 404,254 15.7%
$25,000 to $49,999 1,933 9.6% 90,027 15.0% 440,575 17.1%
$50,000 to $74,999 1,965 9.7% 84,596 14.1% 403,087 15.6%
$75,000 to $99,999 1,874 9.3% 75,974 12.7% 324,123 12.6%
$100,000 or more 12,560 62.3% 269,998 45.0% 1,005,441 39.0%
Total 20,176 100% 599,652 100% 2,577,480 100%
Median Household
Income $124,825 $89,064 (b)
Per Capita Income $51,965 $40,698 (b)
Notes:
(a) Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma
Counties.
(b) Median income data cannot be calculated from the ACS for Bay Area.
Source: Association of Bay Area Governments (ABAG), Housing Element Data Profiles, December
2013.
Table 5b: Households by Income Category, 2010
Income Category
(% of County AMI)
City of Cupertino Santa Clara County
Households Percent Households Percent
Extremely Low (30% or less) 1,485 7.6% 75,395 12.6%
Very Low (31 to 50%) 1,320 6.7% 61,830 10.4%
Low (51 to 80%) 1,260 6.4% 56,325 9.4%
Moderate or Above (over 80%) 15,515 79.2% 403,195 67.6%
Total 19,580 100% 596,745 100%
Source: Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability
Strategy (CHAS), based on American Community Survey (ACS), 2006-2010.
According to the 2008-2012 ACS estimate, Cupertino residents’ high level of educational
attainment correlates positively with a high degree of professional occupations concentrated
in management, business, science, and arts as compared with Santa Clara County or the Bay
Area. As a result of the higher percentage of management, business, science, and arts
occupations, the median earnings of those working in Cupertino (as opposed to those living
in Cupertino) is $81,000, again higher than Santa Clara County overall.
Despite enjoying a comparatively higher median household and earning income than the rest
of the county and region, 4.2 percent of individuals are living below the poverty level
according to the ACS estimate for 2008-2012.
23
DEMOGRAPHIC AND RECREATION TRENDS ANALYSIS
Stevens Creek Corridor Master Plan | 7
Local Employment Opportunities
Since 2000, there has been a net increase of over 1,200 jobs held by Cupertino residents, for
a total of 25,200 employed residents in 2011. As shown in Table 6, the number of jobs held
by Cupertino residents grew by 5.2 percent between 2000 and 2011. The City of Cupertino
job growth percentage was far greater than the growth experienced by Santa Clara County
as a whole at 0.8 percent between 2000 and 2011.
Despite this overall growth, most industry sectors experienced a decline in the number of
jobs available. Between 2000 and 2011, the largest job losses in employment occurred in the
manufacturing and retail trade sectors. These decreases were offset by growth in the
professional, scientific, management, technology, administrative, and waste management
services industry, which added 1,748 jobs, and the educational, health, and social services
industry, which added 1,144 jobs. Even with the recent changes to employment sectors
during the previous decade, manufacturing remains the largest job sector for residents of
both Cupertino and Santa Clara County. As of 2011, manufacturing jobs comprise 28.1
percent of all jobs held by Cupertino residents and 19.6 percent of jobs held by residents of
Santa Clara County overall. The manufacturing sector includes the production of computer,
electronic, and communication equipment, with such major employers as Apple and Hewlett-
Packard. The largest employers in the City include: Apple (whose worldwide headquarters is
situated in Cupertino), the Cupertino Union School District, the Foothill-De Anza Community
College District, the Fremont Union High School District, and Seagate Technology.
With the 2008-2012 collapse of the financial and credit markets and the worldwide recession,
Cupertino and the broader Silicon Valley region lost some of the gains in key sectors that
were achieved between 2003 and 2007. The impacts of the economic downturn, although
serious, were somewhat localized to particular sectors and industries such as construction,
manufacturing, and retail/wholesale trade. Fortunately for Cupertino, high-tech employment
did not decline at the same rate as the rest of the economy, and long-term prospects for this
sector remain strong.
24
DEMOGRAPHIC AND RECREATION TRENDS ANALYSIS
8 | December 2014
Table 6: Jobs by Sector, 2000-2011
Industry
Sector
Cupertino Santa Clara County
2000 2011 2000 2011
Jobs
%
Total Jobs
%
Total
%
Change Jobs
%
Total Jobs
%
Total
%
Change
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forestry, fishing
and hunting,
and mining 76 0.3% 36 0.1% -52.6% 4,364 0.5% 4,425 0.5% 1.4%
Construction 642 2.7% 420 1.7% -34.6% 42,232 5.0% 47,005 5.5% 11.3%
Manufacturing 7,952 33.2% 7,077 28.1% -11.0% 231,784 27.5% 167,034 19.6% -27.9%
Wholesale trade 628 2.6% 545 2.2% -13.2% 25,515 3.0% 20,252 2.4% -20.6%
Retail trade 2,056 8.6% 1,540 6.1% -25.1% 83,369 9.9% 81,918 9.6% -1.7%
Transportation
and
warehousing,
and utilities 383 1.6% 425 1.7% 11.0% 23,546 2.8% 23,578 2.8% 0.1%
Information 1,462 6.1% 1,370 5.4% -6.3% 39,098 4.6% 32,627 3.8% -16.6%
Finance,
insurance, real
estate, and
rental and
leasing 1,246 5.2% 1,368 5.4% 9.8% 38,715 4.6% 44,015 5.2% 13.7%
Professional,
scientific,
management,
administrative,
and waste
management
services 4,667 19.5% 6,415 25.5% 37.5% 131,015 15.5% 152,960 18.0% 16.7%
Educational,
health, and
social services 3,063 12.8% 4,207 16.7% 37.3% 123,890 14.7% 157,349 18.5% 27.0%
Arts,
entertainment,
recreation,
accommodation
and food
services 832 3.5% 734 2.9% -11.8% 49,186 5.8% 60,638 7.1% 23.3%
Other services
(except public
administration) 590 2.5% 715 2.8% 21.2% 29,987 3.6% 36,330 4.3% 21.2%
Public
administration 362 1.5% 351 1.4% -3.0% 21,211 2.5% 22,421 2.6% 5.7%
Total 23,959 100% 25,203 100% 5.2% 843,912 100% 850,552 100% 0.8%
Sources: ACS, 2007-2011; BAE, 2013.
25
DEMOGRAPHIC AND RECREATION TRENDS ANALYSIS
Stevens Creek Corridor Master Plan | 9
Unemployment
According to unemployment data provided by the State of California Employment
Development Department, as of February 2014, the City of Cupertino had an unemployment
rate of approximately 3.9 percent. The unemployment rate for the City was less than that of
the County as a whole (6.1 percent). Since 2008, the unemployment rate has remained
stable in both the City and the County, which had unemployment rates of 3.8 percent and
6.0 percent, respectively, at that time.
Modes to Work for People 16 and Over
The ACS estimates that residents’ average about 24 minutes for their daily commute. Over
24,000 residents commute to work, with most (88 percent) utilizing a car, truck, or van as
their mode of transport. Most of these drivers (76 percent) drove alone, while 11.6 percent
carpooled. At 2 percent, public transportation usage is relatively low compared to the county
(3.3 percent) and the greater Bay Area (10 percent). Among the modes of public
transportation, buses are the most widely utilized (1 percent), while walking and biking, (2.1
and 0.9 percent respectively) comprise remaining commuters. About 5.7 percent of the
population works from home or telecommutes. Table 7 outlines the means of transportation
trends for the City.
The City is serviced by the Santa Clara Valley Transportation Authority (VTA), which provides
bus, light rail, and shuttle service for a multitude of routes and connections to transit
regional transit hubs throughout Santa Clara County. Caltrain provides regional rail services
in proximity to the City of Cupertino. Major transit freeways and highways include US Route
101, Interstate 280, and CA State Routes 85 and 82. The VTA has accommodated rush hour
traffic through the creation of Silicon Valley Express Lanes, on the SR 237/I-880. The VTA
also has a comprehensive Bicycle Program that serves residents of Santa Clara County. In
the City of Cupertino, and throughout the county, bike lanes, bike parking, and bike and
transit centers have been created to improve bicyclist and transit safety.
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DEMOGRAPHIC AND RECREATION TRENDS ANALYSIS
10 | December 2014
Table 7: Means of Transportation to Work
City of Cupertino Santa Clara County
Transportation Mode Totals Percent Households Percent
Car/truck/or van 21,762 88% 714,507 10.4%
Drove alone 18,888 76% 630,618 76%
Carpooled 2,874 11.6% 83,889 10.2%
Public Transportation 511 2% 26,876 3.3%
Bus or trolley bus 292 1% 17,663 2.2%
Streetcar or trolley car 0 0% 1,431 0.2%
Subway or elevated 17 0.07% 1,357 0.2%
Railroad 202 0.8% 6,412 0.8%
Ferryboat 0 0% 13 0%
Taxicab 0 0% 345 0%
Motorcycle 128 0.5% 2,386 0.3%
Bicycle 232 .9% 11,777 1.4%
Walked 529 2.1% 18,011 2.2%
Other means 176 0.7% 9,653 1.2%
Worked at home 1,403 5.7% 37,267 4.5%
Total 24,741 100% 820,822 100%
Source: U.S. Census Bureau American Fact Finder, 2008-2010 data American Communities Survey,
ABAG
Population Projections
Table 8 presents population, household, and job growth projections for Cupertino, Santa
Clara County, and the nine-county Bay Area region between 2010 and 2040. The figures
represent the analysis conducted by the Association of Bay Area Governments (ABAG) using
2010 Census data and a variety of local sources.
Cupertino’s population is expected to grow by 12,898 residents—from 58,302 in 2010 to
71,200 in 2040. This translates into an increase of 22 percent over 30 years. ABAG projects
both Santa Clara County and the ABAG region to experience much larger growth (36 percent
and 31 percent over 30 years, respectively). Specifically, communities with lower housing
costs have been experiencing influxes of residents in search of comparative affordable
housing. As a community with high costs of housing, Cupertino has not experienced an influx
of residents. Instead, Cupertino’s job growth is expected to continue to outpace population
and household growth in Cupertino between 2010 and 2020, compounding the “jobs rich"
nature of the City, resulting in a jobs-to-housing ratio of 1.40 by 2020 (up from 1.29 in 2010)
but mirroring the regional average of 1.40. Furthermore, job growth is projected to level off
after 2020 to a comparable pace with population and household growth. Similar trends are
also projected for the County and the ABAG region as a whole.
27
DEMOGRAPHIC AND RECREATION TRENDS ANALYSIS
Stevens Creek Corridor Master Plan | 11
Table 8: Population, Household, and Job Projections, 2010-2040
Percent Change
2010 2020 2030 2040
2010-
2020
2020-
2030
2030-
2040
City of Cupertino
Population 58,302 62,100 66,300 71,200 6.5% 6.8% 7.4%
Households 20,181 21,460 22,750 24,040 6.3% 6.0% 5.7%
Jobs 26,090 29,960 31,220 33,110 14.8% 4.2% 6.1%
Santa Clara County
Population 1,781,642 1,977,900 2,188,500 2,423,500 11.0% 10.6% 10.7%
Households 604,204 675,670 747,070 818,400 11.8% 10.6% 9.5%
Jobs 926,270 1,091,270 1,147,020 1,229,520 17.8% 5.1% 7.2%
Bay Area (a)
Population 6,432,288 7,011,700 7,660,700 8,394,700 9.0% 9.3% 9.6%
Households 2,350,186 2,560,480 2,776,640 2,992,990 8.9% 8.4% 7.8%
Jobs 3,040,110 3,579,600 3,775,080 4,060,160 17.7% 5.5% 7.6%
Notes: (a) Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and
Sonoma Counties.
Source: Association of Bay Area Governments (ABAG), Housing Element Data Profiles, December
2013.
Recreation Trends
As noted, the demographic composition of a community can have an impact on recreation,
including use patterns and preferences. Cupertino’s park system was built to serve a
population that was mostly white, middle class, and residing in single family homes. Today,
Cupertino’s population profile is different, though it is still a community that attracts families
with children. While single family homes remain a significant portion of the housing available,
other multi-family options are more available. In addition, the employment population has
grown significantly.
This section reviews recreation trends, at the national, state, regional and local levels.
National Trends and Issues
Each of the national trends highlighted below has implications for parks and recreation service
providers, and is seen at the regional and local levels.
Connecting Kids with Nature. Across the country there has been a movement to
connect kids with nature and the outdoors. This movement is in response to data
about the decreased time kids are spending in the outdoors compared to previous
generations. In particular, the book Nature Deficit Disorder by Richard Louv spurred a
national dialogue on this topic. According to the California Outdoor Recreation Plan
(CORP), by 2008 children between the age of 8 and 18 years were spending an
average of nearly 6.5 hours per day with electronic media. That average is likely
higher now. A growing body of research confirms that spending time in nature
28
DEMOGRAPHIC AND RECREATION TRENDS ANALYSIS
12 | December 2014
benefits children. Children who directly experience the natural world are intellectually,
emotionally, socially, spiritually and physically healthier.
The “Mainstreaming” of Outdoor Recreation. According to the Outdoor Industry
Association, a record number of Americans — 142.6 million — participated in at least
one outdoor activity and collectively and went on 12.1 billion outdoor outings in 2013.
The popularity of outdoor recreation did not wane, despite the recent economic
downturn, as retail sales of sporting goods products (equipment, footwear, clothing,
and recreational transport) still represented consumer expenditures of over $37.7
billion nationally in 2009. Not surprisingly, the Baby Boomer generation (people aged
42-60) and the millennial generation (age 30 and younger) are the largest segments
driving this new outdoor lifestyle trend. Typical activities include: camping, hiking,
biking, boating, swimming, fishing, and wildlife viewing. Today, the active outdoor
lifestyle has gone mainstream, and is characterized by an emphasis on wellness and
quality time with family and friends. To meet this new and changing demand, people
are looking for ways to be outdoors in an urban area. Due to time demands of family
and jobs, convenience and accessibility are critical, especially in urban environment.
The opportunity and challenge before parks and recreation professionals is to provide
meaningful outdoor activity in urbanized environments. Recreation-Oriented
Development is the new term for the alignment of parks, recreation and open space
to drive new investment in both urban and suburban communities and focus
development in established communities.
An Emphasis on Health and Wellness. Our nation is facing a health and wellness
crisis on many levels. People are more sedentary, resulting in high levels of obesity
and diseases such as diabetes. At the same time, they are struggling with
ever‐increasing health care costs. The health care sector itself has begun to look at
prevention as a way to increase health and reduce costs. More studies are being done
on the built environment and its impact on activity levels. Physical and mental
recreation are both equally important and two critical factors need to be considered in
the provision of outdoor recreation: (1) the need for flexibility in recreation programs,
and (2) the need to provide opportunities for stress release. The benefits of outdoor
recreation are multitudinous, as outdoor activities promote wellness, social
interaction, and a connection to the outdoors. A report for the Outdoor Resources
Review Group outlined the positive impact outdoor recreation has on health, both as
an alleviator of stress and as a means to combat obesity and similar health concerns.
For children specifically, outdoor activities at an early age can cultivate an interest
and connection with the outdoors that can last a lifetime. This is especially important
with the omnipresence of handheld devices and computers that are increasingly
prevalent in younger generations. Outdoor environments such as parks and open
spaces also promote social interaction, adding intrinsic value to communities and
environments.
Technology. Technology offers parks and recreation providers new opportunities as
well as new challenges. Technology can simultaneously provide a mass
communication tool while improving affordability, accessibility, and efficiency of
community facilities and services. Opportunities for tech‐aided recreation are growing
while a countertrend for techno‐free parks and environments also is emerging.
29
DEMOGRAPHIC AND RECREATION TRENDS ANALYSIS
Stevens Creek Corridor Master Plan | 13
Technology is adopted and embraced differently by different population groups. In a
highly educated, high income, and tech savvy community like Cupertino, there are
higher expectations around technology and communications. The populations
between the ages of 18 and 44 in particular are technologically-fluent, have come of
age during a rapid digital expansion, and will likely integrate technology into
recreational endeavors.
In addition to mobile internet access, low-cost hardware such as Global Positioning
System (GPS), wearable fitness trackers and rugged video cameras have emerged as
important technology in outdoor recreation. These widely available technologies are
adding an additional layer to the park users’ experience, allowing recording of routes,
physical achievement and video which for personal enjoyment or sharing with others.
Portable, rugged cameras (both on mobile phones and special purpose such as GoPro
video cameras) are often used to record the exploits and explorations of outdoor
enthusiasts directly from their point of view. These cameras record directly to digital
formats that can be shared online. GPS enabled devices allow for recording trip
information and advanced orienteering or geocaching. A key challenge is the rapid
change in technology, which happens at a pace faster than many public parks
agencies are accustomed to.
State and Regional Trends and Issues
A Diverse State. According to a park and recreation trend report prepared by the
California Department of Parks and Recreation (CDPR), the population of California
will approach 50 million by 2040, representing 12 percent of the nation’s population.
The population will be amongst the most diverse in the nation, attributing to 36
percent of the U.S. Asian population, 31 percent of the U.S. Hispanic and Latino
population, as well as 23% of the mixed-ethnic population. Furthermore, it will
continue to the lead the nation in the number of foreign-born people living in the
state. The youngest population, California’s K-12 demographic, will be amongst the
most culturally diverse population in the world. With technology a central facet in
their lives from birth.
Baby Boomers. Mirroring the national trend of an aging population, the senior
population in California is expected to double by 2020. According to the same CDPR
report, older populations will be “drawn to conservation and heritage causes, adding
much-needed capacity to California’s citizen-steward ranks.”
City of Cupertino Trends and Issues
General Plan Guidance. Nurturing an interest in parks, recreation, and open spaces
reinforces the goals and policies set forth by the City’s General Plan, which iterates
the importance of “building community by bringing people together in common
gathering places and tying neighborhoods together through connecting trails.”
Income Disparity. Despite having a relatively high median household income level,
Cupertino has a population of residents who are below the poverty line. This
population accounts for 4 percent of Cupertino residents.
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DEMOGRAPHIC AND RECREATION TRENDS ANALYSIS
14 | December 2014
Employment Population. Cupertino has a significant employment population,
dominated by high tech jobs. The high tech industry is known for providing recreation
and entertainment amenities as part of the workplace environment, such as ping
pong tables, basketball courts, and social gathering spaces, as a means of attracting
and keeping talent. Nonetheless, there may be recreation needs, and this population
may be using public parks and facilities.
Master Planning Implications
This report is intended to provide a deeper understanding of who Cupertino is serving today
and who the City will be serving in the future, to inform the citywide needs assessment now
under development as well as the design program for the Stevens Creek Corridor.
31
Stevens Creek Corridor Master Plan | 1
ORDER OF MAGNITUDE COSTS
Notes on Costs
This document presents order of magnitude capital and operations costs of each of the three
options under consideration in the Stevens Creek Corridor Master Plan process, allowing
comparison of the three options as well as comparison of the major elements in each. Following
selection of a preferred alternative, the planning team will further refine these planning level
estimates in tandem with the refinement and development of Master Plan recommendations and
the CEQA document.
Capital Costs
Capital costs represent planning level budgetary estimates for construction. These costs are in
2014 dollars. These costs are comparative only, and do not include other City and project-related
costs. No phasing or cost escalation factors are included. All three options include additional
restoration of the creek and riparian areas.
Operations Costs
Operations costs are the additional costs per year (above current operations costs) for operations
for additional staff or additional maintenance workload, also in 2014 dollars. Each alternative has
different operational requirements. However, an expanded season for swimming and picnicking
included in all options will require more staff support estimated to be:
1 FTE Administrative/Clerk
1 FTE Recreation Coordinator
Cost Summary
Option A:
HIGH INTENSITY
Option B:
MEDIUM INTENSITY
Option C:
LOW INTENSITY
Capital
Costs $45,000,000 $32,000,000 $27,000,000
Annual
Operations
Costs
$900,000 $675,000 $690,000
32
ORDER OF MAGNITUDE COSTS
2 | December 2014
Costs by Option
Option A: HIGH INTENSITY
Element Capital Costs
Operations
Costs
Notes
Aquatic
Center and
Clubhouse
$12,000,000 $250,000
Includes glade area in capital cost
Operations costs based on
doubling current costs to account
for expanded use
Sports Fields $4,450,000 $150,000
Includes 3000 sf maintenance
building
Operations includes field and
lawn maintenance
Stocklmeir
Ranch Event
Center
$2,000,000 N/A Operations costs accounted for in
Added Staffing
New Entry
Drive $900,000 N/A New entry drive
Signal at Stevens Creek Blvd
San Fernando
Pedestrian
Improvements
NIC N/A Cost TBD
Destination
Play Area $5,000,000 $10,000 Includes Great Lawn construction
Adventure
Play Zone $1,300,000 $190,000
Capital includes adventure play,
challenge course, nature play.
Operations includes play leader
staffing
Community
Garden
Expansion
$350,000 N/A Operations costs accounted for in
Added Staffing
McClellan
Barn
Restoration
$1,000,000 N/A Full restoration (above CA
Historic Building Code)
Site
Enhancement $2,500,000 N/A
10 acres at $250,000 per acre
Operations assumes no cost
change from current
Wetlands/
Riparian
Enhancement
$250,000 N/A 3.5 acres at $70,000 per acre
Parking $1,900,000 N/A Operations costs accounted for in
Bridges, Restoration
Bridges $2,000,000 N/A Two bridges over Stevens Creek
Restoration $3,000,000 $75,000
Operations cost allows for 5
additional maintained acres at
$15,000 per acre
Added
Staffing N/A $225,000 1 New Admin/Clerk
1 New Recreation Coordinator
20%
Contingency $8,000,000 N/A
Total $45,000,000 $900,000
33
ORDER OF MAGNITUDE COSTS
Stevens Creek Corridor Master Plan | 3
Option B: MEDIUM INTENSITY
Element Capital Costs Operations Costs
Notes
9-Hole Par 3
Golf Course $2,500,000 $120,000 Cost from NGF Study
Clubhouse $2,000,000 N/A
Operations costs accounted for
in Added Staffing and assumes
lessee at Clubhouse
Stocklmeir
Ranch Legacy
Farm
$600,000 N/A Operations costs depend on
features and operations TBD
New Entry
Drive $900,000 N/A New entry drive
Signal at Stevens Creek Blvd
Expanded
Pool Complex $8,000,000 $250,000
Operations costs based on
doubling current costs to
account for expanded use
San Fernando
Pedestrian
Improvements
NIC N/A Cost TBD
Maintenance
Yard $450,000 NA Renovation of existing
maintenance yard
Off-Road Bike
Skills Course $1,100,000 $20,000
Includes Eastside nature play
Operations allows for safety
inspections
McClellan
Barn
Restoration
$1,000,000 N/A Full restoration (above CA
Historic Building Code)
McClellan
Ranch West
Nature Play
$750,000 $10,000
Operations allows for
playground safety inspection
Community
Garden
Expansion
$350,000 N/A Operations costs accounted for
in Added Staffing
Site
Enhancement $1,750,000 N/A
7 acres at $250,000 per acre
Operations assumes no cost
change from current
Wetlands/
Riparian
Enhancement
$350,000 N/A 5 acres at $70,000 per acre
Parking $2,200,000 N/A Operations costs accounted for
in Bridges, Restoration
Bridges $2,000,000 N/A Two bridges over Stevens Creek
Restoration $3,000,000 $50,000 Allows 5 additional maintained
acres at $10,000 per acre
Added
Staffing N/A $225,000 1 New Admin/Clerk
1 New Recreation Coordinator
20%
Contingency $5,000,000 N/A
Total $32,000,000 $675,000
34
ORDER OF MAGNITUDE COSTS
4 | December 2014
Option C: LOW INTENSITY
Element Capital Costs Operations Costs
Notes
Enhanced
Golf Course $2,300,000 $170,000 Cost from NGF Study
Replacement
Clubhouse $2,000,000 N/A
Operations costs accounted for
in Added Staffing and assumes
lessee at Clubhouse
Stocklmeir
Ranch
Legacy Farm
$600,000 N/A Operations costs depend on
features and operations TBD
San
Fernando
Road
Widening
NIC N/A
Widening of San Fernando for
vehicles and pedestrians.
Cost TBD
Expanded
Pool Complex $8,500,000 $260,000
Includes capital and operations
for the adjacent small nature
play area
Maintenance
Yard $450,000 NA Renovation of existing
maintenance yard
McClellan
Barn
Restoration
$800,000 N/A Rehabilitation to CA Historic
Building Code)
McClellan
Ranch West
Nature Play
& Tree
Nursery
$750,000 $10,000
Operations allows for
playground safety inspection
Nursery operation cost not
included
Wetlands/
Riparian
Enhancement
$140,000 N/A 2 acres at $70,000 per acre
Parking $1,600,000 N/A Operations costs accounted for
in Bridges, Restoration
Bridges $2,000,000 N/A Two bridges over Stevens Creek
Restoration $3,000,000 $25,000 Allows 5 additional maintained
acres at $5,000 per acre
Added
Staffing N/A $225,000 1 New Admin/Clerk
1 New Recreation Coordinator
20%
Contingency $4,500,000 N/A
Total $27,000,000 $700,000
35
160 W. Santa Clara Street | Suite 675 | San Jose, CA 95113 | (408) 278-1700 | Fax (408) 278-1717
www.fehrandpeers.com
MEMORANDUM
Date: December 9, 2014
To: Laurie Matthews, MIG
From: Mollie Pelon and Ian Barnes, Fehr & Peers
Subject: Existing Transportation Conditions for Cupertino Stevens Creek Corridor
Master Plan
SJ14-1512
INTRODUCTION
The purpose of this memorandum is to summarize the results of the Existing Conditions analysis
for the proposed Stevens Creek Corridor Master Plan. The project site is located in the City of
Cupertino, California and is generally bounded by Stevens Creek Boulevard, Byrne Avenue, Mira
Vista Avenue and McClellan Road as shown in Figure 1.
The purpose of this study is to establish the baseline and to describe the current transportation
setting including potential issues and opportunities. It includes a discussion of existing
automobile traffic, transit, bicycle and walking conditions around the project site. The data and
results contained within this memorandum will be used for the Existing Conditions section of the
transportation impact analysis.
Project Description
The Stevens Creek Corridor Master Plan EIR will include an analysis of transportation in and
around McClellan Ranch Preserve, Blackberry Farm Park, Blackberry Farm (Don Brown) Golf
Course and the surrounding area based on the proposed changes to operations of these facilities
as described in the Master Plan. This project site is composed of primarily recreational uses and is
located in a residential neighborhood with multiple schools.
Study Area
Automobile traffic conditions were evaluated at three intersections located in the City of
Cupertino near the project site. The three study intersections are:
1. Phar Lap Drive-Golf Course driveway/Stevens Creek Boulevard
2. Orange Avenue-Mann Drive/Stevens Creek Boulevard
3. Byrne Avenue/McClellan Road
36
Ms. Laurie Matthews, MIG
December 9, 2014
Page 2 of 13
Analysis Scenarios
The operations of the study intersections were evaluated during the weekday morning (8:00 AM -
9:00 AM), school afternoon (2:45 PM – 3:45 PM) and commute afternoon (5:15 PM - 6:15 PM)
peak hours during the school year for the Existing Conditions scenario.
Analysis Methods
Signalized Intersections
The operations of roadway facilities are typically described with the term Level of Service. Level of
Service (LOS) is a qualitative description of traffic flow based on such factors as speed, travel time,
delay, and freedom to maneuver. Six levels are defined from LOS A, the best operating conditions,
to LOS F, the worst operating conditions. LOS E represents “at-capacity” operations. When traffic
volumes exceed the capacity, stop-and-go conditions result, and operations are designated as
LOS F.
Based on the Santa Clara Valley Transportation Authority’s Traffic Impact Analysis Guidelines
(2009) the Transportation Research Board’s 2000 Highway Capacity Manual (HCM) was used to
conduct the level of service calculations for the study intersections. “Control delay” includes the
initial deceleration delay, queue move-up time, stopped delay, and final acceleration delay. The
average control delay for signalized intersections is calculated using the Traffix traffic analysis
software and correlated to a LOS designation as shown in Table 1.
Unsignalized Intersections
Operations of the unsignalized study intersections (e.g., stop-sign controlled) were evaluated
using the methods contained in Chapter 17 of the 2000 HCM and calculated using the Traffix
analysis software. LOS for stop-sign controlled intersections are based on the average control
delay expressed in seconds per vehicle. At two-way or side-street-stop controlled intersections,
control delay is calculated for each movement, not for the intersection as a whole. For approaches
composed of a single lane, control delay is computed as the average of all movements in that
lane. Intersection impacts are determined based on the computed control delay and LOS for the
worst approach at the intersection. Table 2 summarizes the relationship between delay and LOS
for unsignalized intersections.
37
Ms. Laurie Matthews, MIG
December 9, 2014
Page 3 of 13
TABLE 1
SIGNALIZED INTERSECTION LEVEL OF SERVICE DEFINITIONS
USING AVERAGE CONTROL VEHICULAR DELAY
Level of
Service Description Average Control Delay
Per Vehicle (Seconds)
A Operations with very low delay occurring with favorable progression
and/or short cycle lengths. ≤ 10.0
B+
B
B-
Operations with low delay occurring with good progression and/or
short cycle lengths.
10.1 to 12.0
12.1 to 18.0
18.1 to 20.0
C+
C
C-
Operations with average delays resulting from fair progression
and/or longer cycle lengths. Individual cycle failures begin to appear.
20.1 to 23.0
23.1 to 32.0
32.1 to 35.0
D+
D
D-
Operations with longer delays due to a combination of unfavorable
progression, long cycle lengths, and high volume-to-capacity (V/C)
ratios. Many vehicles stop and individual cycle failures are noticeable.
35.1 to 39.0
39.1 to 51.0
51.1 to 55.0
E+
E
E-
Operations with high delay values indicating poor progression, long
cycle lengths, and high V/C ratios. Individual cycle failures are
frequent occurrences.
55.1 to 60.0
60.1 to 75.0
75.1 to 80.0
F Operations with delays unacceptable to most drivers occurring due
to over-saturation, poor progression, or very long cycle lengths. > 80.0
Source: Traffic Level of Service Analysis Guidelines, VTA Congestion Management Program, June 2003; and
Highway Capacity Manual, Transportation Research Board, 2000.
TABLE 2
UNSIGNALIZED INTERSECTION LEVEL OF SERVICE DEFINITIONS
Level of
Service Description Average Control Delay Per Vehicle
on Worst Approach (Seconds)
A Little or no delays ≤ 10.0
B Short traffic delays 10.1 – 15.0
C Average traffic delays 15.1 – 25.0
D Long traffic delays 25.1 – 35.0
E Very long traffic delays 35.1 – 50.0
F Extreme traffic delays with intersection capacity
exceeded > 50.0
Source: Highway Capacity Manual, Transportation Research Board, 2000.
38
Ms. Laurie Matthews, MIG
December 9, 2014
Page 4 of 13
The remainder of this memorandum describes the existing transportation system serving the
project site and the current operating conditions of the study intersections.
EXISTING CONDITIONS
This section describes the existing conditions of the roadway facilities, pedestrian and bicycle
facilities, and transit service in the study area. The project site is located on the west edge of the
City of Cupertino. It is primarily surrounded by residential uses including mostly single family
residences as well as multiple schools. North of the project site is Stevens Creek Elementary
School; Lincoln Elementary School and Monta Vista High school are located on McClellan Road
east of the project site. Kennedy Middle School is also located east of the project site along Bubb
Road.
Existing Roadway Network
State Route 85, Foothill Boulevard and Stevens Creek Boulevard provide regional access to the
project site. McClellan Road and Byrne Avenue via McClellan Road and via Orange
Avenue/Granada Avenue provide local access to the project site. Descriptions of these roadways
are presented below. Figure 1 shows the location of these facilities in relation to the project site.
State Route 85 is a north-south freeway that runs from US 101 in Mountain View to US 101 in San
Jose. The facility is located east of the project site and provides access to the project site via its
interchange with Stevens Creek Boulevard. North of Stevens Creek Boulevard, State Route 85
carries about 124,000 vehicles per day.
Foothill Boulevard is a north-south arterial roadway that runs between Interstate 280 and the
southern city limits of Cupertino. South of the city limits, the roadway becomes Stevens Canyon
Road. North of Interstate 280, the roadway becomes Foothill Expressway. The facility provides
access to the site vita McClellan Road and Stevens Creek Boulevard. North of Stevens Creek
Boulevard, Foothill Boulevard carries about 16,000 vehicles per day.
Stevens Creek Boulevard is an east-west arterial roadway that runs from the Lehigh Quarry in the
west to San Jose State University in the east (as San Carlos Street). The facility provides access to
the project site via Orange Avenue, Granada Avenue and Byrne Avenue as well as the Phar Lap
Drive/Golf Course parking lot. Near the project site, Stevens Creek Boulevard carries about 11,000
vehicles per day.
Orange Avenue is a north-south local roadway that runs from Stevens Creek Boulevard in the
north to McClellan Road in the south with a non-drivable break south of Granada Avenue. Its
intersection with Stevens Creek Boulevard is located approximately 1,000 feet east of the project
site. Orange Avenue carries about 1,500 vehicles per day at Stevens Creek Boulevard.
Byrne Avenue is a north-south local roadway that runs from Stevens Creek Boulevard in the north
(no connection) to McClellan Road in the south. This street borders the project site on the east
side and provides access to San Fernando Avenue and Blackberry Farm. It also provides access to
Monta Vista High School. Byrne Avenue carries about 650 vehicles per day near the project site.
39
Ms. Laurie Matthews, MIG
December 9, 2014
Page 5 of 13
McClellan Road is an east-west minor collector roadway that runs from Foothill Boulevard in the
west to De Anza Boulevard in the east. Vehicles accessing McClellan Ranch Preserve will do so
using this roadway. McClellan Road carries about 4,000 vehicles per day near the McClellan Ranch
driveway.
Pedestrian Facilities
Pedestrian facilities include sidewalks, crosswalks, and pedestrian signals. Discontinuous sidewalks
approximately 7 feet wide are provided on north and south sides of McClellan Road beginning
200 feet west of Byrne Avenue and terminating on the south side of the road at Club House Lane.
This corridor provides a pedestrian connection from the adjacent residential areas to McClellan
Ranch Preserve. McClellan Ranch Preserve contains multiple paths including the Stevens Creek
Trail.
The sidewalk on the north side of McClellan Road continues along the perimeter of the McClellan
Ranch, connecting to the east side of Mira Vista Road and terminating at Santa Paula Avenue.
There is no sidewalk on the west side of Mira Vista Road. There is a neighborhood connection to
the Stevens Creek Trail on Scenic Circle with a crosswalk. However, no sidewalks are provided in
this residential area.
Sidewalks are also provided on the north and south sides of Stevens Creek Boulevard. Along
Stevens Creek Boulevard, crosswalks are located at both the Phar Lap Drive, Blackberry Farm Golf
Course entrance and the Orange Avenue-Mann Drive entrance to the study area. The Phar Lap
Drive/Golf Course entrance includes uncontrolled continental (piano key) crosswalks on the north
and west sides of the intersection. At Orange Avenue-Mann Drive/Stevens Creek Boulevard
standard controlled crosswalks are included on the north, east and south sides of the intersection.
The majority of the neighborhood on the east side of the study area does not include sidewalks,
and there are no sidewalks at the entrance to Blackberry Farm Park. Byrne Avenue south of San
Fernando Avenue includes discontinuous sidewalks on both the east and west sides of the street.
Bicycle Facilities
Bikeway planning and design in California typically rely on guidelines and design standards
established by California Department of Transportation (Caltrans) in the Highway Design Manual
(Chapter 1000: Bikeway Planning and Design). There are three types of bikeway facilities noted in
the Manual, as described below and shown on the accompanying figures.
Class I Bikeway (Bike Path) provides a completely separate right-of-way and is designated for the
exclusive use of bicycles and pedestrians with vehicle and pedestrian cross-flow minimized. In
general, bike paths serve corridors not served by streets and highways or where sufficient right-
of-way exists to allow such facilities to be constructed away from the influence of parallel streets
and vehicle conflicts.
40
Ms. Laurie Matthews, MIG
December 9, 2014
Page 6 of 13
Class II Bikeways (Bike Lanes) are lanes for bicyclists generally adjacent to the outer vehicle travel
lanes. These lanes have special lane markings, pavement legends, and signage. Bicycle lanes are
generally five (5) to six (6) feet wide. Adjacent vehicle parking and vehicle/pedestrian cross-flow
are permitted.
Class III Bikeway (Bike Route) are designated by signs or pavement markings for shared use with
pedestrians or motor vehicles, but have no separated bike right-of-way or lane striping. Bike
routes serve either to: a) provide continuity to other bicycle facilities, or b) designate preferred
routes through high demand corridors.
41
Ms. Laurie Matthews, MIG
December 9, 2014
Page 7 of 13
Near the project site, Class II bicycle facilities are provided along the length of Stevens Creek
Boulevard from Ridgeway Drive near Cupertino’s western city limits to Cupertino’s eastern city
limits near Lawrence Expressway. Class II bicycle facilities are also provided along Foothill
Boulevard, McClellan Road east of Byrne Avenue and Bubb Road near the project site. A Class I
bicycle facility, Stevens Creek Trail, runs through the project site from Stevens Creek Boulevard to
McClellan Road. A Class III bicycle facility exists on McClellan Road west of Byrne Avenue to
Foothill Boulevard. With the exception of McClellan Road from Byrne Ave extending east, no
bicycle facilities are provided in the residential area surrounding the project site, but the low
traffic volume on neighborhood roadways invites bicycle use.
Existing Transit Service
The site is served by Santa Clara Valley Transportation Authority (VTA) bus lines. The bus line that
serves the project site is described in detail below and summarized in Table 2.
TABLE 2
EXISTING TRANSIT SERVICE SUMMARY
Route From1 To1
Distance
to
Nearest
Stop2
Weekdays Weekends
Operating
Hours
Peak Hour
Headway3
(minutes)
Peak
Load
Factor4
Operating
Hours
Headway3
(minutes)
VTA 51 De Anza
College
Moffett
Field/Ames
Center
200 Feet 6:30 AM –
7:00 PM 60 0.40 N/A N/A
Notes:
1. Route runs in both directions
2. Distance in miles from nearest stop to nearest park access point.
3. Headways are defined as the time interval between two transit vehicles traveling in the same direction
over the same route.
4. Average peak load factor is the ratio of the average peak number of on-board passengers aboard during
the peak period to supply of seats.
Source: VTA website, July 2014.
The nearest transit line is VTA bus Route 51, providing service to Mountain View and Los Altos.
The nearest stop is at Phar Lap Drive and Stevens Creek Boulevard at the northern edge of the
project site.
Existing Intersection Volumes and Lane Configurations
The existing traffic operations of the study intersections were evaluated for the highest one-hour
volume during the weekday morning (6:30 AM to 9:30 AM), school dismissal afternoon (2:00 PM
to 4:00 PM) and commute afternoon (4:00 PM to 7:00 PM) peak periods. Morning peak-hour
intersection turning movement counts were conducted in May 2014. Afternoon peak-hour
intersection turning movement counts were conducted in May 2014 (for the 4:00 PM to 7:00 PM
42
Ms. Laurie Matthews, MIG
December 9, 2014
Page 8 of 13
period) and October 2014 (for the 2:00 PM to 7:00 PM period). Exhibit 1 below shows that the
October 2014 afternoon counts indicate higher traffic volumes between 4:00 PM to 7:00 PM than
the May 2014 afternoon counts. To be conservative, the October 2014 counts were used for the
afternoon peak hour intersection analysis.
Copies of the traffic counts are included in Attachment A. Figure 2 presents the existing AM and
PM peak-hour turning movement volumes, lane configurations, and traffic control devices at the
study intersections.
Existing Intersection Levels of Service
The results of the LOS analysis using the Traffix software program for Existing Conditions are
shown below in Table 3. The results of the analysis show that all study intersections operate at
acceptable levels during the AM and PM peak periods based on the peak hour LOS standard for
the City of Cupertino. The City of Cupertino General Plan Circulation Element (2005) lists LOS D as
the standard for intersections. The Traffix outputs are saved in Attachment B.
0
200
400
600
800
1000
1200
4:00 4:15 4:30 4:45 5:00 5:15 5:30 5:45 6:00 6:15 6:30 6:45
Ve
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15-Minute Period Beginning
Exhibit 1 - Volume Comparison: May 2014 Counts
versus October 2014 Counts
May 2014 Counts October 2014 Counts
43
Ms. Laurie Matthews, MIG
December 9, 2014
Page 9 of 13
TABLE 3
EXISTING INTERSECTION LEVELS OF SERVICE
Intersection Peak
Hour1
Intersection
Control Delay2 LOS3
1 Stevens Creek Blvd/Phar Lap Drive
AM
AFT
PM
Side Street Stop
Controlled
29.3
17.1
26.3
D
C
D
2 Stevens Creek Blvd/Mann Drive-Orange
Avenue
AM
AFT
PM
Signalized
8.8
10.2
7.6
A
B
A
3 Byrne Ave/McClellan Road
AM
AFT
PM
Side Street Stop
Controlled
11.0
11.2
11.0
B
B
B
Notes:
1 AM = morning peak hour, AFT = afternoon (school) peak hour, PM = evening (commute) peak
hour.
2 Average control delay presented in seconds per vehicle. Worst approach delay reported for side
street stop controlled intersections.
3 LOS = Level of Service. LOS calculations conducted using the Traffix analysis software package,
which applies the methodology described in the 2000 HCM.
Bold indicates deficient intersection operations.
Source: Fehr & Peers, October 2014.
FIELD OBSERVATIONS
Observations of traffic volumes, intersection queuing, stopping sight distance, bicycle and
pedestrian facilities, and general traffic flow in the study area were conducted in July and October
2014.
Morning Peak Hour
Field observations indicate that drop-off activity for Monta Vista High School and Lincoln
Elementary school causes queues to form along McClellan Road from west of Byrne Avenue
towards Bubb Road. The queues were observed to occasionally impact operations of the
intersections of Byrne Avenue/McClellan Road. Crossing guards are present at the intersection of
McClellan Road/Orange Avenue to protect pedestrian movements across the intersection. Heavy
pedestrian flows were also observed along Orange Avenue; many pedestrians were walking in the
roadway due to a lack of sidewalks. Queues along Stevens Creek Boulevard resulting from the
State Route 85 interchange intersections would occasionally back up into the Orange Avenue-
Mann Drive intersection.
44
Ms. Laurie Matthews, MIG
December 9, 2014
Page 10 of 13
Afternoon (School) Peak Hour
For the afternoon (school) peak hour, congestion was observed along McClellan Road along the
school frontages. Crossing guards are present at the intersection of McClellan Road/Orange Drive
to protect pedestrian movements across the intersection. Heavy pedestrian flows were also
observed along Orange Avenue; many pedestrians were walking in the roadway due to a lack of
sidewalks. Stevens Creek Boulevard was observed to be generally free flowing.
Evening (Commute) Peak Hour
In the evening peak hour, little congestion was observed along McClellan Road. Some congested
was observed along Stevens Creek Boulevard at Orange Avenue-Mann Drive. Queues along
eastbound Stevens Creek Boulevard from the State Route 85 interchange also occasionally
affected operations at the Stevens Creek Boulevard/Orange Avenue-Mann Drive intersection.
Sight Distance along Westbound McClellan Road
Stopping sight distance is the clear sight distance a driver needs to be provided to stop before
colliding with another vehicle or object. Due to a large tree and overgrown vegetation, the sight
distance from the existing southbound driveway of McClellan Ranch looking east is approximately
130 feet. According to Google Earth, the elevation of McClellan Road at Tressler Court is
approximately 380 feet; at the McClellan Ranch Preserve driveway, the elevation of McClellan
Road is approximately 350 feet. The distance between Tressler Court and the McClellan Ranch
Preserve driveway is approximately 750 feet. Therefore the average grade along westbound
McClellan Road is approximately -4.27%.
The American Association of State Highway Transportation Officials (AASHTO) publication “A
Policy on Geometric Design of Highways and Streets” 6th Edition (commonly known as the “Green
Book”) provides the following equation for calculating stopping sight distance (SSD):
𝑆𝑆𝐷=1.47𝑉𝑡+𝑉230(𝑎32.2�±𝑔)
Where:
V = travel speed (speed limit = 25 mph)
t = break reaction time (2.5 seconds, recommended assumption in the Green Book)
a = deceleration rate (11.2 ft/s2, recommended assumption in the Green Book for
deceleration on roadways with fair to good pavement surfaces)
g = street grade in ft/ft (positive value indicates uphill slope)
Field observations indicate that the pavement along McClellan Road from Tressler Court to Club
House Lane is at least in fair condition, so the 11.2 ft/s2 deceleration rate assumption is
reasonable. According to the Green Book, “[t]he friction available on most wet pavement surfaces
and the capabilities of most vehicle braking systems can provide breaking friction that exceeds
this rate,” referring to 11.2 ft/s2 and “[a]pproximately 90 percent of all drivers decelerate at rates
great than 11.2 ft/s2.”
45
Ms. Laurie Matthews, MIG
December 9, 2014
Page 11 of 13
Based on the conservative assumptions above, the calculated stopping sight distance for
westbound McClellan Road approaching the McClellan Ranch Preserve driveway is approximately
160 feet. This is a design value, and the actual stopping distance would likely be less. However,
opportunities to increase sight distance should be considered to improve visibility at this
intersection.
46
|þ85
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Project Location and Study IntersectionsFigure 1
Project Area
1 Stevens Creek Boulevard/Phar Lap Drive - Golf Course Driveway2Stevens Creek Boulevard/Orange Avenue - Mann Drive3McClellan Road/Byrne Ave
47
|þ85Project Area
MontaVista HighSchool
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Peak Hour Traffic Volumes and Lane Configurations -Existing Conditions
Figure 2
Peak Hour Traffic VolumeAM [AFT] (PM)
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48
ATTACHMENT A — TRAFFIC COUNT DATA
49
File Name: 1am final
Site Code: 00000001
Start Date: 5/29/2014
Page No: 1
Groups Printed- Vehicles
PHAR LAP DR
Southbound
STEVENS CREEK BLVD
Westbound
DRIVEWAY
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Int. Total06:30 AM 40127 1300031 00033 1140116 57
06:45 AM 00213 1410042 00000 0240024 69
Total 4 0 3 3 10 2 71 0 0 73 0 0 0 3 3 1 38 0 1 40 126
07:00 AM 10506 0690069 00011 0511052 128
07:15 AM 5010015 29710100 00033 012300123 241
07:30 AM 1006117 615000156 00033 0610162 238
07:45 AM 30508 317010174 00134 0571159 245
Total 19 0 26 1 46 11 486 2 0 499 0 0 1 10 11 0 292 2 2 296 852
08:00 AM 608216 217110174 00033 014532150 343
08:15 AM 406010 720010208 00011 1780079 298
08:30 AM 9010120 525110257 10056 2951098 381
08:45 AM 803213 122530229 20002 19351100 344
Total 27 0 27 5 59 15 847 6 0 868 3 0 0 9 12 4 411 9 3 427 1366
09:00 AM 904114 119220195 00011 3843090 300
09:15 AM 40509 213700139 10034 2720074 226
Grand Total 6306510138 31 1733 1001774 4012631 10897146927 2870
Apprch %45.7 0 47.1 7.2 1.7 97.7 0.60 12.9 03.2 83.9 1.1 96.8 1.50.6
Total %2.202.30.34.8 1.1 60.4 0.3061.8 0.1000.91.1 0.3 31.3 0.50.232.3
PHAR LAP DR
Southbound
STEVENS CREEK BLVD
Westbound
DRIVEWAY
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Int. TotalPeak Hour Analysis From 06:30 AM to 08:15 AM - Peak 1 of 1
Peak Hour for Entire Intersection Begins at 07:30 AM
07:30 AM 10 06 16 61500156 0000 061061 233
07:45 AM 3058 3170 1 174 00 11 057158 241
08:00 AM 60 8 14 21711174 0000 0 1453148 336
08:15 AM 40610 7200 1 208 0000 1 78079 297
Total Volume 23 0 25 48 18 691 3 712 0 0 1 1 1 341 4 346 1107
% App. Total 47.9 0 52.1 2.5 97.1 0.4 0 0 100 0.3 98.6 1.2
PHF .575 .000 .781 .750 .643 .864 .750 .856 .000 .000 .250 .250 .250 .588 .333 .584 .824
Traffic Data Service
Campbell, CA
(408) 377-2988
tdsbay@cs.com
50
File Name: 1am final
Site Code: 00000001
Start Date: 5/29/2014
Page No: 1
Groups Printed- Bikes
PHAR LAP DR
Southbound
STEVENS CREEK BLVD
Westbound
DRIVEWAY
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Int. Total06:30 AM 00000 01001 00000 01001 2
06:45 AM 00000 00000 00000 00000 0
Total 0 0 0 0 0 0 1 0 0 1 0 0 0 0 0 0 1 0 0 1 2
07:00 AM 00101 01001 00000 01001 3
07:15 AM 00000 00000 00000 0110011 11
07:30 AM 00101 01001 00000 03003 5
07:45 AM 00202 00000 00000 05005 7
Total 0 0 4 0 4 0 2 0 0 2 0 0 0 0 0 0 20 0 0 20 26
08:00 AM 00000 00000 00000 04004 4
08:15 AM 00000 00000 00000 03003 3
08:30 AM 00101 01001 00000 02002 4
08:45 AM 00000 00000 00000 01001 1
Total 0 0 1 0 1 0 1 0 0 1 0 0 0 0 0 0 10 0 0 10 12
09:00 AM 00000 00000 00000 01001 1
09:15 AM 00000 01001 00000 00000 1
Grand Total 00505 05005 00000 0320032 42
Apprch %001000 010000 0000 010000
Total %00 11.9 011.9 0 11.9 0011.9 00000 0 76.2 0076.2
PHAR LAP DR
Southbound
STEVENS CREEK BLVD
Westbound
DRIVEWAY
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Int. TotalPeak Hour Analysis From 06:30 AM to 08:15 AM - Peak 1 of 1
Peak Hour for Entire Intersection Begins at 07:15 AM
07:15 AM 0000 0000 0000 0 11 0 11 11
07:30 AM 0011 0 1 0 1 0000 0303 5
07:45 AM 00 22 0000 0000 0505 7
08:00 AM 0000 0000 0000 0404 4
Total Volume 0 0 3 3 0 1 0 1 0 0 0 0 0 23 0 23 27
% App. Total 0 0 100 0 100 0 0 0 0 0 100 0
PHF .000 .000 .375 .375 .000 .250 .000 .250 .000 .000 .000 .000 .000 .523 .000 .523 .614
Traffic Data Service
Campbell, CA
(408) 377-2988
tdsbay@cs.com
51
File Name: 1PM FINAL
Site Code: 00000001
Start Date: 5/29/2014
Page No: 1
Groups Printed- Vehicles
PHAR LAP DR
Southbound
STEVENS CREEK BLVD
Westbound
DRIVEWAY
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Int. Total04:00 PM 20507 7802089 21126 211532122 224
04:15 PM 20215 118810100 50106 313141139 250
04:30 PM 50229 5704079 30025 111160118 211
04:45 PM 20428 89230103 30104 015330156 271
Total 11 0 13 5 29 31 330 10 0 371 13 1 3 4 21 6 510 16 3 535 956
05:00 PM 10809 69420102 20035 412540133 249
05:15 PM 408012 1110100112 10427 315240159 290
05:30 PM 30609 811410123 21159 215280162 303
05:45 PM 30508 710600113 10012 015191161 284
Total 11 0 27 0 38 32 415 3 0 450 6 1 5 11 23 9 580 25 1 615 1126
06:00 PM 306110 911930131 00000 211540121 262
06:15 PM 30609 1011610127 30205 013660142 283
06:30 PM 30339 310730113 40307 112250128 257
06:45 PM 00415 310050108 30104 011841123 240
Total 9 0 19 5 33 25 442 12 0 479 10 0 6 0 16 3 491 19 1 514 1042
Grand Total 3105910100 88 1187 2501300 292141560 18 1581 6051664 3124
Apprch %3105910 6.8 91.3 1.90 48.3 3.3 23.3 25 1.1953.60.3
Total %101.90.33.2 2.8380.8041.6 0.90.10.40.51.9 0.6 50.6 1.90.253.3
PHAR LAP DR
Southbound
STEVENS CREEK BLVD
Westbound
DRIVEWAY
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Int. TotalPeak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of 1
Peak Hour for Entire Intersection Begins at 05:00 PM
05:00 PM 10 8 9 694 2 102 2 002 4 1254133 246
05:15 PM 4 08 12 11 1010112 10 45 3 152 4159 288
05:30 PM 3069 8 114 1 123 2 1 14 21528 162 298
05:45 PM 3058 71060113 1001 0151 9 160 282
Total Volume 11 0 27 38 32 415 3 450 6 1 5 12 9 580 25 614 1114
% App. Total 28.9 0 71.1 7.1 92.2 0.7 50 8.3 41.7 1.5 94.5 4.1
PHF .688 .000 .844 .792 .727 .910 .375 .915 .750 .250 .313 .600 .563 .954 .694 .948 .935
Traffic Data Service
Campbell, CA
(408) 377-2988
tdsbay@cs.com
52
File Name: 1PM FINAL
Site Code: 00000001
Start Date: 5/29/2014
Page No: 1
Groups Printed- Bikes
PHAR LAP DR
Southbound
STEVENS CREEK BLVD
Westbound
DRIVEWAY
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Int. Total04:00 PM 00000 03003 00000 01001 4
04:15 PM 00000 00000 00000 00000 0
04:30 PM 00000 01001 00000 00000 1
04:45 PM 00000 11103 00000 01001 4
Total 0 0 0 0 0 1 5 1 0 7 0 0 0 0 0 0 2 0 0 2 9
05:00 PM 00000 11002 01001 03003 6
05:15 PM 00000 11002 00000 00000 2
05:30 PM 00000 03003 00000 00000 3
05:45 PM 00000 01001 00000 01001 2
Total 0 0 0 0 0 2 6 0 0 8 0 1 0 0 1 0 4 0 0 4 13
06:00 PM 00000 01001 00000 02002 3
06:15 PM 00000 01001 00000 01001 2
06:30 PM 00101 00000 00000 01001 2
06:45 PM 00000 04004 00000 00000 4
Total 0 0 1 0 1 0 6 0 0 6 0 0 0 0 0 0 4 0 0 4 11
Grand Total 00101 3171021 01001 0100010 33
Apprch %001000 14.3 814.80 010000 010000
Total %00303 9.1 51.5 3063.6 03003 0 30.3 0030.3
PHAR LAP DR
Southbound
STEVENS CREEK BLVD
Westbound
DRIVEWAY
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Int. TotalPeak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of 1
Peak Hour for Entire Intersection Begins at 04:45 PM
04:45 PM 0000 1 1 13 0000 0101 4
05:00 PM 0000 1102 0 1 0 1 0 3 0 3 6
05:15 PM 0000 1102 0000 0000 2
05:30 PM 0000 0 3 03 0000 0000 3
Total Volume 0 0 0 0 3 6 1 10 0 1 0 1 0 4 0 4 15
% App. Total 0 0 0 30 60 10 0 100 0 0 100 0
PHF .000 .000 .000 .000 .750 .500 .250 .833 .000 .250 .000 .250 .000 .333 .000 .333 .625
Traffic Data Service
Campbell, CA
(408) 377-2988
tdsbay@cs.com
53
File Name: 4PM FINAL
Site Code: 00000004
Start Date: 10/1/2014
Page No: 1
Groups Printed- Vehicles
PHAR LAP DR
Southbound
STEVENS CREEK BLVD
Westbound
DRIVEWAY
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Int. Total02:00 PM 805215 3665074 20215 0561158 152
02:15 PM 20114 3773083 20013 3804087 177
02:30 PM 40307 6872095 00011 011140115 218
02:45 PM 3011216 6862094 10001 112101123 234
Total 17 0 20 5 42 18 316 12 0 346 5 0 2 3 10 4 368 9 2 383 781
03:00 PM 31116 1010500115 00123 112161129 253
03:15 PM 206210 712010128 600612 110022105 255
03:30 PM 203510 79510103 302712 1842592 217
03:45 PM 00000 6883097 00134 314231149 250
Total 7 1 10 8 26 30 408 5 0 443 9 0 4 18 31 6 447 13 9 475 975
04:00 PM 00639 3754082 703111 310950117 219
04:15 PM 10719 13761090 20013 012960135 237
04:30 PM 30609 7803090 30317 316250170 276
04:45 PM 20316 4843091 10001 016973179 277
Total 6 0 22 5 33 27 315 11 0 353 13 0 6 3 22 6 569 23 3 601 1009
05:00 PM 504211 89340105 10034 021261219 339
05:15 PM 40116 118830102 20147 0211111223 338
05:30 PM 30609 811020120 30126 020271210 345
05:45 PM 41106 612120129 30014 123590245 384
Total 16 1 12 3 32 33 412 11 0 456 9 0 2 10 21 1 860 33 3 897 1406
06:00 PM 20316 511810124 40127 1227110239 376
06:15 PM 405312 410130108 10135 0230113244 369
06:30 PM 506011 611250123 30014 0208100218 356
06:45 PM 20428 108820100 700916 017348185 309
Total 13 0 18 6 37 25 419 11 0 455 15 0 2 15 32 1 838 36 11 886 1410
Grand Total 5928227170 133 1870 5002053 5101649116 18 3082 114283242 5581
Apprch %34.7 1.2 48.215.9 6.5 91.1 2.40 440 13.842.2 0.6 95.1 3.50.9
Total %1.101.50.53 2.4 33.5 0.9036.8 0.900.30.92.1 0.3 55.2 20.558.1
PHAR LAP DR
Southbound
STEVENS CREEK BLVD
Westbound
DRIVEWAY
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Int. TotalPeak Hour Analysis From 02:00 PM to 03:45 PM - Peak 1 of 1
Peak Hour for Entire Intersection Begins at 02:30 PM
02:30 PM 4 037 687 2 95 0000 01114115 217
02:45 PM 30 1114 686294 1001 1121 0122 231
03:00 PM 3 1 15 10 1050115 00 1 1 1121 6128 249
03:15 PM 2068 7 120 1 128 6 00 6 11002103 245
Total Volume 12 1 21 34 29 398 5 432 7 0 1 8 3 453 12 468 942
% App. Total 35.3 2.9 61.8 6.7 92.1 1.2 87.5 0 12.5 0.6 96.8 2.6
PHF .750 .250 .477 .607 .725 .829 .625 .844 .292 .000 .250 .333 .750 .936 .500 .914 .946
Traffic Data Service
Campbell, CA
(408) 377-2988
tdsbay@cs.com
54
File Name: 4PM FINAL
Site Code: 00000004
Start Date: 10/1/2014
Page No: 1
Groups Printed- Bikes
PHAR LAP DR
Southbound
STEVENS CREEK BLVD
Westbound
DRIVEWAY
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Int. Total02:00 PM 00000 00000 00000 01001 1
02:15 PM 00000 00000 00000 00000 0
02:30 PM 00000 00000 00000 01001 1
02:45 PM 00000 00000 00000 01001 1
Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 3 3
03:00 PM 00000 11002 00000 01001 3
03:15 PM 00000 18009 00000 00000 9
03:30 PM 00000 02002 00000 00000 2
03:45 PM 00000 05005 00000 01001 6
Total 0 0 0 0 0 2 16 0 0 18 0 0 0 0 0 0 2 0 0 2 20
04:00 PM 00000 00000 00000 01001 1
04:15 PM 00000 01001 00000 00000 1
04:30 PM 00000 02002 00000 01001 3
04:45 PM 00000 00000 00000 01001 1
Total 0 0 0 0 0 0 3 0 0 3 0 0 0 0 0 0 3 0 0 3 6
05:00 PM 00000 04004 00000 00000 4
05:15 PM 00000 01001 00000 02002 3
05:30 PM 00000 00000 00000 00000 0
05:45 PM 10001 00000 01001 00000 2
Total 1 0 0 0 1 0 5 0 0 5 0 1 0 0 1 0 2 0 0 2 9
06:00 PM 00000 02002 00000 01001 3
06:15 PM 00000 03003 00000 00000 3
06:30 PM 00000 10001 00000 02002 3
06:45 PM 00000 03003 00000 00000 3
Total 0 0 0 0 0 1 8 0 0 9 0 0 0 0 0 0 3 0 0 3 12
Grand Total 10001 3320035 01001 0130013 50
Apprch %100000 8.6 91.4 00 010000 010000
Total %20002 6640070 02002 0260026
PHAR LAP DR
Southbound
STEVENS CREEK BLVD
Westbound
DRIVEWAY
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Int. TotalPeak Hour Analysis From 02:00 PM to 03:45 PM - Peak 1 of 1
Peak Hour for Entire Intersection Begins at 03:00 PM
03:00 PM 0000 1 102 0000 0 1 0 1 3
03:15 PM 0000 1 8 0 9 0000 0000 9
03:30 PM 0000 0202 0000 0000 2
03:45 PM 0000 0505 0000 0101 6
Total Volume 0 0 0 0 2 16 0 18 0 0 0 0 0 2 0 2 20
% App. Total 0 0 0 11.1 88.9 0 0 0 0 0 100 0
PHF .000 .000 .000 .000 .500 .500 .000 .500 .000 .000 .000 .000 .000 .500 .000 .500 .556
Traffic Data Service
Campbell, CA
(408) 377-2988
tdsbay@cs.com
55
File Name: 2AM FINAL
Site Code: 00000002
Start Date: 5/29/2014
Page No: 1
Groups Printed- Vehicles
MANN DR
Southbound
STEVENS CREEK BLVD
Westbound
ORANGE AVE
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Int. Total06:30 AM 00617 0292031 902213 0160016 67
06:45 AM 00213 1402043 50117 1240025 78
Total 0 0 8 2 10 1 69 4 0 74 14 0 3 3 20 1 40 0 0 41 145
07:00 AM 13307 1618171 1107220 12380050 148
07:15 AM 01710027 07815295 35130268 637300136 326
07:30 AM 1115017 712423136 33527166 11580069 288
07:45 AM 6018125 617063185 2205229 2590061 300
Total 8 21 46 1 76 14 433 31 9 487 101 6 69 7 183 88 228 0 0 316 1062
08:00 AM 0127028 1315940176 23011034 1015300163 401
08:15 AM 0521329 4206104224 29418253 9790088 394
08:30 AM 4321028 6248110265 2524031 310500108 432
08:45 AM 4423031 820680222 1407021 3942099 373
Total 8 13 92 3 116 31 819 33 4 887 91 6 40 2 139 25 431 2 0 458 1600
09:00 AM 2121024 2196100208 2108029 4851090 351
09:15 AM 2318023 7129160152 18111030 1791081 286
Grand Total 20381856249 55 1646 94131808 2451313112401 11986340986 3444
Apprch %8 15.374.3 2.4 3915.20.7 61.1 3.2 32.7 3 12.187.5 0.40
Total %0.61.15.40.27.2 1.6 47.8 2.70.452.5 7.10.43.80.311.6 3.5 25.1 0.1028.6
MANN DR
Southbound
STEVENS CREEK BLVD
Westbound
ORANGE AVE
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Int. TotalPeak Hour Analysis From 06:30 AM to 08:15 AM - Peak 1 of 1
Peak Hour for Entire Intersection Begins at 07:30 AM
07:30 AM 111517 71242133 3352765 11 58069 284
07:45 AM 6 01824 61706182 220527 259061 294
08:00 AM 01 2728 13 1594176 2301134 10 153 0 163 401
08:15 AM 0 5 2126 4 20610220 2941851 979088 385
Total Volume 7 7 81 95 30 659 22 711 107 9 61 177 32 349 0 381 1364
% App. Total 7.4 7.4 85.3 4.2 92.7 3.1 60.5 5.1 34.5 8.4 91.6 0
PHF .292 .350 .750 .848 .577 .800 .550 .808 .811 .450 .565 .681 .727 .570 .000 .584 .850
Traffic Data Service
Campbell, CA
(408) 377-2988
tdsbay@cs.com
56
File Name: 2AM FINAL
Site Code: 00000002
Start Date: 5/29/2014
Page No: 1
Groups Printed- Bikes
MANN DR
Southbound
STEVENS CREEK BLVD
Westbound
ORANGE AVE
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Int. Total06:30 AM 00000 01001 00000 01001 2
06:45 AM 00000 00000 01001 02002 3
Total 0 0 0 0 0 0 1 0 0 1 0 1 0 0 1 0 3 0 0 3 5
07:00 AM 00101 02002 00000 11002 5
07:15 AM 08008 00101 00000 61007 16
07:30 AM 00000 01001 10102 12003 6
07:45 AM 04004 00000 00000 53008 12
Total 0 12 1 0 13 0 3 1 0 4 1 0 1 0 2 13 7 0 0 20 39
08:00 AM 02002 00000 00000 13004 6
08:15 AM 02002 01001 00000 03003 6
08:30 AM 00000 00000 00000 02002 2
08:45 AM 00000 00000 00000 01001 1
Total 0 4 0 0 4 0 1 0 0 1 0 0 0 0 0 1 9 0 0 10 15
09:00 AM 00000 00000 00000 10001 1
09:15 AM 00000 00000 00000 00000 0
Grand Total 0161017 05106 11103 15190034 60
Apprch %0 94.1 5.90 0 83.316.7 0 33.333.333.3 0 44.155.9 00
Total %0 26.7 1.7028.3 08.31.7010 1.71.71.705 25 31.7 0056.7
MANN DR
Southbound
STEVENS CREEK BLVD
Westbound
ORANGE AVE
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Int. TotalPeak Hour Analysis From 06:30 AM to 08:15 AM - Peak 1 of 1
Peak Hour for Entire Intersection Begins at 07:15 AM
07:15 AM 0 8 0 8 00 11 0000 6 107 16
07:30 AM 0000 0 1 01 1 0 12 1203 6
07:45 AM 0404 0000 0000 5 3 0 8 12
08:00 AM 0202 0000 0000 1304 6
Total Volume 0 14 0 14 0 1 1 2 1 0 1 2 13 9 0 22 40
% App. Total 0 100 0 0 50 50 50 0 50 59.1 40.9 0
PHF .000 .438 .000 .438 .000 .250 .250 .500 .250 .000 .250 .250 .542 .750 .000 .688 .625
Traffic Data Service
Campbell, CA
(408) 377-2988
tdsbay@cs.com
57
File Name: 2PM FINAL
Site Code: 00000002
Start Date: 5/29/2014
Page No: 1
Groups Printed- Vehicles
MANN DR
Southbound
STEVENS CREEK BLVD
Westbound
ORANGE AVE
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Int. Total04:00 PM 2013015 138780108 804012 411800122 257
04:15 PM 0118221 889125114 1303218 613110138 291
04:30 PM 1214118 97712199 1334020 611120119 256
04:45 PM 208414 1295176130 737421 514430152 317
Total 5 3 53 7 68 42 348 49 12 451 41 6 18 6 71 21 504 6 0 531 1121
05:00 PM 1118323 12103101126 816318 713120140 307
05:15 PM 3119225 17114191151 1624022 513930147 345
05:30 PM 0134136 1111983141 619016 515430162 355
05:45 PM 4321028 19114134150 417214 315550163 355
Total 8 6 92 6 112 59 450 50 9 568 34 5 26 5 70 20 579 13 0 612 1362
06:00 PM 1015319 17121260164 807015 712120130 328
06:15 PM 1211216 18122241165 606416 612320131 328
06:30 PM 218112 18116201155 813012 1612040140 319
06:45 PM 029112 11105155136 633214 1411320129 291
Total 4 5 43 7 59 64 464 85 7 620 28 4 19 6 57 43 477 10 0 530 1266
Grand Total 171418820239 165 1262 184281639 103156317198 84 1560 2901673 3749
Apprch %7.15.9 78.7 8.4 10.1 77 11.2 1.7 527.6 31.8 8.6 5 93.2 1.70
Total %0.50.450.56.4 4.4 33.7 4.90.743.7 2.70.41.70.55.3 2.2 41.6 0.8044.6
MANN DR
Southbound
STEVENS CREEK BLVD
Westbound
ORANGE AVE
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Int. TotalPeak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of 1
Peak Hour for Entire Intersection Begins at 05:00 PM
05:00 PM 111820 1210310125 81615 7 1312140 300
05:15 PM 311923 17114 19150 162 4 22 51393147 342
05:30 PM 01 3435 11 119 8138 61 9 16 51543162 351
05:45 PM 43 2128 19 11413146 41712 3 1555163 349
Total Volume 8 6 92 106 59 450 50 559 34 5 26 65 20 579 13 612 1342
% App. Total 7.5 5.7 86.8 10.6 80.5 8.9 52.3 7.7 40 3.3 94.6 2.1
PHF .500 .500 .676 .757 .776 .945 .658 .932 .531 .625 .722 .739 .714 .934 .650 .939 .956
Traffic Data Service
Campbell, CA
(408) 377-2988
tdsbay@cs.com
58
File Name: 2PM FINAL
Site Code: 00000002
Start Date: 5/29/2014
Page No: 1
Groups Printed- Bikes
MANN DR
Southbound
STEVENS CREEK BLVD
Westbound
ORANGE AVE
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Int. Total04:00 PM 00000 01001 11103 01001 5
04:15 PM 00000 00000 00000 00000 0
04:30 PM 00000 01001 10001 00000 2
04:45 PM 00000 01001 00000 01001 2
Total 0 0 0 0 0 0 3 0 0 3 2 1 1 0 4 0 2 0 0 2 9
05:00 PM 00000 00000 00000 02002 2
05:15 PM 01001 10001 00202 10001 5
05:30 PM 00000 03003 01001 00000 4
05:45 PM 00000 01001 00000 01001 2
Total 0 1 0 0 1 1 4 0 0 5 0 1 2 0 3 1 3 0 0 4 13
06:00 PM 00000 01001 10001 11002 4
06:15 PM 00000 01001 00000 00000 1
06:30 PM 00000 01001 00000 01001 2
06:45 PM 00000 04004 00000 00000 4
Total 0 0 0 0 0 0 7 0 0 7 1 0 0 0 1 1 2 0 0 3 11
Grand Total 01001 1140015 32308 27009 33
Apprch %010000 6.7 93.3 00 37.5 25 37.5 0 22.277.8 00
Total %03003 3 42.4 0045.5 9.16.19.1024.2 6.1 21.2 0027.3
MANN DR
Southbound
STEVENS CREEK BLVD
Westbound
ORANGE AVE
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Int. TotalPeak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of 1
Peak Hour for Entire Intersection Begins at 04:45 PM
04:45 PM 0000 0101 0000 0101 2
05:00 PM 0000 0000 0000 0 2 0 2 2
05:15 PM 0 1 0 1 1 001 00 22 1 001 5
05:30 PM 0000 0 3 0 3 0 1 01 0000 4
Total Volume 0 1 0 1 1 4 0 5 0 1 2 3 1 3 0 4 13
% App. Total 0 100 0 20 80 0 0 33.3 66.7 25 75 0
PHF .000 .250 .000 .250 .250 .333 .000 .417 .000 .250 .250 .375 .250 .375 .000 .500 .650
Traffic Data Service
Campbell, CA
(408) 377-2988
tdsbay@cs.com
59
File Name: 3PM FINAL
Site Code: 00000003
Start Date: 10/1/2014
Page No: 1
Groups Printed- Vehicles
MANN DR
Southbound
STEVENS CREEK BLVD
Westbound
ORANGE AVE
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Int. Total02:00 PM 10708 4656075 627015 4560060 158
02:15 PM 2015118 679151101 603110 4742080 209
02:30 PM 0211114 1196141122 1112115 110400105 256
02:45 PM 339217 1389160118 734014 613320141 290
Total 6 5 42 4 57 34 329 51 2 416 30 6 16 2 54 15 367 4 0 386 913
03:00 PM 1910020 11109212143 30113145 1810420124 332
03:15 PM 4214626 201002412156 40623271 1010130114 367
03:30 PM 428721 890177122 1224119 3881092 254
03:45 PM 3014017 89192110 719320 812630137 284
Total 12 13 46 13 84 47 390 71 23 531 89 10 49 7 155 39 419 9 0 467 1237
04:00 PM 2013318 9764392 815115 111410116 241
04:15 PM 0014014 1384111109 808016 812910138 277
04:30 PM 1116119 1186123112 1013014 615920167 312
04:45 PM 1322026 118663106 1026220 516720174 326
Total 4 4 65 4 77 44 332 33 10 419 36 4 22 3 65 20 569 6 0 595 1156
05:00 PM 2026129 11101224138 925016 1218130196 379
05:15 PM 0627033 21108165150 1413321 2819930230 434
05:30 PM 1131235 17114213155 1528126 1719930219 435
05:45 PM 1024126 22123153163 1206119 3420440242 450
Total 4 7 108 4 123 71 446 74 15 606 50 5 22 5 82 91 783 13 0 887 1698
06:00 PM 0220123 13115209157 616417 2722500252 449
06:15 PM 1116119 16102195142 702110 1420920225 396
06:30 PM 0024125 20109254158 11112226 2818420214 423
06:45 PM 0114116 1197162126 806519 718230192 353
Total 1 4 74 4 83 60 423 80 20 583 32 2 26 12 72 76 800 7 0 883 1621
Grand Total 273333529424 256 1920 309702555 2372713529428 241 2938 3903218 6625
Apprch %6.47.8796.8 10 75.112.1 2.7 55.4 6.3 31.5 6.8 7.5 91.3 1.20
Total %0.40.55.10.46.4 3.9294.71.138.6 3.60.420.46.5 3.6 44.3 0.6048.6
MANN DR
Southbound
STEVENS CREEK BLVD
Westbound
ORANGE AVE
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Int. TotalPeak Hour Analysis From 02:00 PM to 03:45 PM - Peak 1 of 1
Peak Hour for Entire Intersection Begins at 02:30 PM
02:30 PM 021113 119614121 111214 11040105 253
02:45 PM 33915 138916118 73414 6 133 2 141 288
03:00 PM 1 9 10 20 11 109 21141 3011344 18 1042124 329
03:15 PM 4 2 14 20 20 100 24144 4062369 10101 3 114 347
Total Volume 8 16 44 68 55 394 75 524 88 11 42 141 35 442 7 484 1217
% App. Total 11.8 23.5 64.7 10.5 75.2 14.3 62.4 7.8 29.8 7.2 91.3 1.4
PHF .500 .444 .786 .850 .688 .904 .781 .910 .550 .458 .457 .511 .486 .831 .583 .858 .877
Traffic Data Service
Campbell, CA
(408) 377-2988
tdsbay@cs.com
60
File Name: 3PM FINAL
Site Code: 00000003
Start Date: 10/1/2014
Page No: 1
Groups Printed- Bikes
MANN DR
Southbound
STEVENS CREEK BLVD
Westbound
ORANGE AVE
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Int. Total02:00 PM 00000 00000 00000 02002 2
02:15 PM 00000 00000 00000 00000 0
02:30 PM 00000 00000 00000 02002 2
02:45 PM 00000 00000 02103 00000 3
Total 0 0 0 0 0 0 0 0 0 0 0 2 1 0 3 0 4 0 0 4 7
03:00 PM 01001 02002 0102012 01001 16
03:15 PM 10001 01001 145010 00000 12
03:30 PM 00000 00000 00000 00000 0
03:45 PM 00000 01001 01405 00000 6
Total 1 1 0 0 2 0 4 0 0 4 1 15 11 0 27 0 1 0 0 1 34
04:00 PM 00000 00000 01001 00000 1
04:15 PM 00000 00000 00101 00000 1
04:30 PM 00000 11002 00202 00000 4
04:45 PM 00000 00000 00000 00000 0
Total 0 0 0 0 0 1 1 0 0 2 0 1 3 0 4 0 0 0 0 0 6
05:00 PM 00000 03104 10102 00000 6
05:15 PM 00000 00000 01001 02002 3
05:30 PM 00000 00000 00000 00000 0
05:45 PM 00000 00000 00000 00000 0
Total 0 0 0 0 0 0 3 1 0 4 1 1 1 0 3 0 2 0 0 2 9
06:00 PM 00000 01001 00000 00000 1
06:15 PM 00000 03003 01102 00000 5
06:30 PM 01001 00000 00000 01001 2
06:45 PM 01001 02002 00000 00000 3
Total 0 2 0 0 2 0 6 0 0 6 0 1 1 0 2 0 1 0 0 1 11
Grand Total 13004 1141016 22017039 08008 67
Apprch %257500 6.2 87.5 6.20 5.1 51.343.6 0 010000
Total %1.54.5006 1.5 20.9 1.5023.9 3 29.925.4 058.2 0 11.9 0011.9
MANN DR
Southbound
STEVENS CREEK BLVD
Westbound
ORANGE AVE
Northbound
STEVENS CREEK BLVD
Eastbound
Start Time Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Int. TotalPeak Hour Analysis From 02:00 PM to 03:45 PM - Peak 1 of 1
Peak Hour for Entire Intersection Begins at 03:00 PM
03:00 PM 0 1 0 1 0 2 0 2 0 10 2 12 0 1 0 1 16
03:15 PM 1 001 0101 1 4 5 10 0000 12
03:30 PM 0000 0000 0000 0000 0
03:45 PM 0000 0101 0145 0000 6
Total Volume 1 1 0 2 0 4 0 4 1 15 11 27 0 1 0 1 34
% App. Total 50 50 0 0 100 0 3.7 55.6 40.7 0 100 0
PHF .250 .250 .000 .500 .000 .500 .000 .500 .250 .375 .550 .563 .000 .250 .000 .250 .531
Traffic Data Service
Campbell, CA
(408) 377-2988
tdsbay@cs.com
61
File Name: 3AM FINAL
Site Code: 00000003
Start Date: 5/29/2014
Page No: 1
Groups Printed- Vehicles
BYRNE AVE
Southbound
MC CLELLAN RD
Westbound Northbound
MC CLELLAN RD
Eastbound
Start Time Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Int. Total06:30 AM 00033 01001 00000 05005 9
06:45 AM 00134 06006 00000 06309 19
Total 0 0 1 6 7 0 7 0 0 7 0 0 0 0 0 0 11 3 0 14 28
07:00 AM 608216 5410248 00000 0142016 80
07:15 AM 220101547 16100063179 00000 03711048 274
07:30 AM 3015220 174701074 00000 0376043 137
07:45 AM 506112 2270433 00000 0139022 67
Total 36 0 39 20 95 40 215 0 79 334 0 0 0 0 0 0 101 28 0 129 558
08:00 AM 9011323 5540362 00000 02112033 118
08:15 AM 4016323 9730587 00000 03222054 164
08:30 AM 604515 4370748 00000 0294033 96
08:45 AM 3061120 25101568 00000 0156021 109
Total 22 0 37 22 81 20 215 0 30 265 0 0 0 0 0 0 97 44 0 141 487
09:00 AM 402511 2310639 00000 0264030 80
09:15 AM 607013 4310136 00000 0253028 77
Grand Total 6808653207 664990116681 00000 0260820342 1230
Apprch %32.9 0 41.525.6 9.7 73.3 017 0000 076240
Total %5.5074.316.8 5.4 40.6 09.455.4 00000 0 21.1 6.7027.8
BYRNE AVE
Southbound
MC CLELLAN RD
Westbound Northbound
MC CLELLAN RD
Eastbound
Start Time Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Int. TotalPeak Hour Analysis From 06:30 AM to 09:15 AM - Peak 1 of 1
Peak Hour for Entire Intersection Begins at 07:15 AM
07:15 AM 22 010 32 16 100 0 116 0000 0 37 11 48 196
07:30 AM 30 15 18 17 47064 0000 037643 125
07:45 AM 50611 227029 0000 013922 62
08:00 AM 901120 554059 0000 021 12 33 112
Total Volume 39 0 42 81 40 228 0 268 0 0 0 0 0 108 38 146 495
% App. Total 48.1 0 51.9 14.9 85.1 0 0 0 0 0 74 26
PHF .443 .000 .700 .633 .588 .570 .000 .578 .000 .000 .000 .000 .000 .730 .792 .760 .631
Traffic Data Service
Campbell, CA
(408) 377-2988
tdsbay@cs.com
62
File Name: 3AM FINAL
Site Code: 00000003
Start Date: 5/29/2014
Page No: 1
Groups Printed- Bikes
BYRNE AVE
Southbound
MC CLELLAN RD
Westbound Northbound
MC CLELLAN RD
Eastbound
Start Time Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Int. Total06:30 AM 00000 04004 00000 00000 4
06:45 AM 00000 00000 00000 03003 3
Total 0 0 0 0 0 0 4 0 0 4 0 0 0 0 0 0 3 0 0 3 7
07:00 AM 10102 00000 00000 02002 4
07:15 AM 00000 01001 00000 05005 6
07:30 AM 00000 02002 00000 02103 5
07:45 AM 00101 00000 00000 01001 2
Total 1 0 2 0 3 0 3 0 0 3 0 0 0 0 0 0 10 1 0 11 17
08:00 AM 00707 00000 00000 04004 11
08:15 AM 20103 00000 00000 04004 7
08:30 AM 00000 02002 00000 01001 3
08:45 AM 00000 12003 00000 01001 4
Total 2 0 8 0 10 1 4 0 0 5 0 0 0 0 0 0 10 0 0 10 25
09:00 AM 00000 00000 00000 04004 4
09:15 AM 00000 05005 00000 01001 6
Grand Total 3010013 1160017 00000 0281029 59
Apprch %23.1 0 76.9 0 5.9 94.1 00 0000 0 96.6 3.40
Total %5.10 16.9 022 1.7 27.1 0028.8 00000 0 47.5 1.7049.2
BYRNE AVE
Southbound
MC CLELLAN RD
Westbound Northbound
MC CLELLAN RD
Eastbound
Start Time Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Int. TotalPeak Hour Analysis From 06:30 AM to 09:15 AM - Peak 1 of 1
Peak Hour for Entire Intersection Begins at 07:30 AM
07:30 AM 0000 0 2 0 2 0000 02 1 3 5
07:45 AM 0011 0000 0000 0101 2
08:00 AM 00 77 0000 0000 0 4 0 4 11
08:15 AM 2 013 0000 0000 0404 7
Total Volume 2 0 9 11 0 2 0 2 0 0 0 0 0 11 1 12 25
% App. Total 18.2 0 81.8 0 100 0 0 0 0 0 91.7 8.3
PHF .250 .000 .321 .393 .000 .250 .000 .250 .000 .000 .000 .000 .000 .688 .250 .750 .568
Traffic Data Service
Campbell, CA
(408) 377-2988
tdsbay@cs.com
63
File Name: 3PM FINAL
Site Code: 00000003
Start Date: 5/29/2014
Page No: 1
Groups Printed- Vehicles
BYRNE AVE
Southbound
MC CLELLAN RD
Westbound Northbound
MC CLELLAN RD
Eastbound
Start Time Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Int. Total04:00 PM 30429 1240227 00000 0383041 77
04:15 PM 20529 5420552 00000 0221023 84
04:30 PM 906015 2320236 00000 0364040 91
04:45 PM 303410 8430657 00000 0352037 104
Total 17 0 18 8 43 16 141 0 15 172 0 0 0 0 0 0 131 10 0 141 356
05:00 PM 308112 7360144 00000 0373040 96
05:15 PM 20619 3480152 00000 0461047 108
05:30 PM 40206 6510057 00000 0373040 103
05:45 PM 40307 7380045 00000 0450045 97
Total 13 0 19 2 34 23 173 0 2 198 0 0 0 0 0 0 165 7 0 172 404
06:00 PM 407112 4350443 00000 0351036 91
06:15 PM 706013 5371043 00000 0522054 110
06:30 PM 6010420 3500457 00000 0691070 147
06:45 PM 6012018 8370550 00000 0732075 143
Total 23 0 35 5 63 20 159 1 13 193 0 0 0 0 0 0 229 6 0 235 491
Grand Total 5307215140 59473130563 00000 0525230548 1251
Apprch %37.9 0 51.410.7 10.5 840.25.3 0000 0 95.8 4.20
Total %4.205.81.211.2 4.7 37.8 0.12.445 00000 0421.8043.8
BYRNE AVE
Southbound
MC CLELLAN RD
Westbound Northbound
MC CLELLAN RD
Eastbound
Start Time Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Int. TotalPeak Hour Analysis From 04:00 PM to 06:45 PM - Peak 1 of 1
Peak Hour for Entire Intersection Begins at 06:00 PM
06:00 PM 40711 435039 0000 035136 86
06:15 PM 7 0613 537 1 43 0000 052 2 54 110
06:30 PM 601016 3 50 0 53 0000 069170 139
06:45 PM 60 1218 8 37045 0000 0 73 2 75 138
Total Volume 23 0 35 58 20 159 1 180 0 0 0 0 0 229 6 235 473
% App. Total 39.7 0 60.3 11.1 88.3 0.6 0 0 0 0 97.4 2.6
PHF .821 .000 .729 .806 .625 .795 .250 .849 .000 .000 .000 .000 .000 .784 .750 .783 .851
Traffic Data Service
Campbell, CA
(408) 377-2988
tdsbay@cs.com
64
File Name: 3PM FINAL
Site Code: 00000003
Start Date: 5/29/2014
Page No: 1
Groups Printed- Bikes
BYRNE AVE
Southbound
MC CLELLAN RD
Westbound Northbound
MC CLELLAN RD
Eastbound
Start Time Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Int. Total04:00 PM 00000 10001 00000 01001 2
04:15 PM 00000 02002 00000 04004 6
04:30 PM 00000 00000 00000 01001 1
04:45 PM 00000 12003 00000 00000 3
Total 0 0 0 0 0 2 4 0 0 6 0 0 0 0 0 0 6 0 0 6 12
05:00 PM 00000 02002 00000 00000 2
05:15 PM 10001 01001 00000 02002 4
05:30 PM 00000 01001 00000 0111012 13
05:45 PM 00000 05005 00000 02002 7
Total 1 0 0 0 1 0 9 0 0 9 0 0 0 0 0 0 15 1 0 16 26
06:00 PM 00000 01001 00000 01001 2
06:15 PM 00000 00000 00000 02002 2
06:30 PM 00000 02002 00000 02002 4
06:45 PM 00000 04004 00000 01001 5
Total 0 0 0 0 0 0 7 0 0 7 0 0 0 0 0 0 6 0 0 6 13
Grand Total 10001 2200022 00000 0271028 51
Apprch %100000 9.1 90.9 00 0000 0 96.4 3.60
Total %20002 3.9 39.2 0043.1 00000 0 52.9 2054.9
BYRNE AVE
Southbound
MC CLELLAN RD
Westbound Northbound
MC CLELLAN RD
Eastbound
Start Time Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Int. TotalPeak Hour Analysis From 04:00 PM to 06:45 PM - Peak 1 of 1
Peak Hour for Entire Intersection Begins at 05:00 PM
05:00 PM 0000 0202 0000 0000 2
05:15 PM 1 00 1 0101 0000 0202 4
05:30 PM 0000 0101 0000 0 11112 13
05:45 PM 0000 0 5 0 5 0000 0202 7
Total Volume 1 0 0 1 0 9 0 9 0 0 0 0 0 15 1 16 26
% App. Total 100 0 0 0 100 0 0 0 0 0 93.8 6.2
PHF .250 .000 .000 .250 .000 .450 .000 .450 .000 .000 .000 .000 .000 .341 .250 .333 .500
Traffic Data Service
Campbell, CA
(408) 377-2988
tdsbay@cs.com
65
File Name: 2PM FINAL
Site Code: 00000002
Start Date: 10/1/2014
Page No: 1
Groups Printed- Vehicles
BYRNE AVE
Southbound
MCCLELLAN RD
Westbound Northbound
MCCLELLAN RD
Eastbound
Start Time Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Int. Total02:00 PM 703111 2250128 00000 0221023 62
02:15 PM 10304 2220024 00000 0292031 59
02:30 PM 803516 1200324 00000 0214025 65
02:45 PM 1006420 92002958 00000 0457052 130
Total 26 0 15 10 51 14 87 0 33 134 0 0 0 0 0 0 117 14 0 131 316
03:00 PM 190122152 20470119186 00000 04520065 303
03:15 PM 180161145 2881026135 00000 0345039 219
03:30 PM 508720 64801569 00000 0352037 126
03:45 PM 407011 5280336 00000 0403043 90
Total 46 0 43 39 128 59 204 0 163 426 0 0 0 0 0 0 154 30 0 184 738
04:00 PM 20338 3310337 00000 0260026 71
04:15 PM 40509 6300339 00000 0314237 85
04:30 PM 604212 6370750 00000 0321033 95
04:45 PM 308011 4350342 00000 0446050 103
Total 15 0 20 5 40 19 133 0 16 168 0 0 0 0 0 0 133 11 2 146 354
05:00 PM 1006117 6430655 00000 0525057 129
05:15 PM 8014022 9410252 00000 0640064 138
05:30 PM 409215 4420147 00000 0581059 121
05:45 PM 2010214 4550160 00000 0540054 128
Total 24 0 39 5 68 23 181 0 10 214 0 0 0 0 0 0 228 6 0 234 516
06:00 PM 507113 1390242 00000 0581059 114
06:15 PM 505010 4390346 00000 0602062 118
06:30 PM 406515 8440557 00000 0542056 128
06:45 PM 604212 7330141 00000 0411042 95
Total 20 0 22 8 50 20 155 0 11 186 0 0 0 0 0 0 213 6 0 219 455
Grand Total 131013967337 13576002331128 00000 0845672914 2379
Apprch %38.9 0 41.219.9 12 67.4 0 20.7 0000 0 92.5 7.30.2
Total %5.505.82.814.2 5.7 31.9 09.847.4 00000 0 35.5 2.80.138.4
BYRNE AVE
Southbound
MCCLELLAN RD
Westbound Northbound
MCCLELLAN RD
Eastbound
Start Time Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Int. TotalPeak Hour Analysis From 02:00 PM to 03:45 PM - Peak 1 of 1
Peak Hour for Entire Intersection Begins at 02:45 PM
02:45 PM 100616 920029 0000 0 45 752 97
03:00 PM 19 01231 2047067 0000 045 2065 163
03:15 PM 180 1634 2881 0 109 0000 034539 182
03:30 PM 50813 648054 0000 035237 104
Total Volume 52 0 42 94 63 196 0 259 0 0 0 0 0 159 34 193 546
% App. Total 55.3 0 44.7 24.3 75.7 0 0 0 0 0 82.4 17.6
PHF .684 .000 .656 .691 .563 .605 .000 .594 .000 .000 .000 .000 .000 .883 .425 .742 .750
Traffic Data Service
Campbell, CA
(408) 377-2988
tdsbay@cs.com
66
File Name: 2PM FINAL
Site Code: 00000002
Start Date: 10/1/2014
Page No: 1
Groups Printed- Bikes
BYRNE AVE
Southbound
MCCLELLAN RD
Westbound Northbound
MCCLELLAN RD
Eastbound
Start Time Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Right Thru Left Peds App. Total Int. Total02:00 PM 00000 00000 00000 02002 2
02:15 PM 00000 00000 00000 01001 1
02:30 PM 00000 00000 00000 00000 0
02:45 PM 00000 00000 00000 01001 1
Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 0 0 4 4
03:00 PM 00000 14005 00000 01001 6
03:15 PM 00000 02002 00000 02002 4
03:30 PM 00000 01001 00000 00000 1
03:45 PM 00000 00000 00000 00000 0
Total 0 0 0 0 0 1 7 0 0 8 0 0 0 0 0 0 3 0 0 3 11
04:00 PM 00000 00000 00000 00000 0
04:15 PM 00000 01001 00000 02002 3
04:30 PM 00000 03003 00000 00000 3
04:45 PM 00000 03003 00000 01001 4
Total 0 0 0 0 0 0 7 0 0 7 0 0 0 0 0 0 3 0 0 3 10
05:00 PM 00000 01001 00000 03003 4
05:15 PM 00000 07007 00000 03003 10
05:30 PM 00000 03003 00000 02002 5
05:45 PM 00000 01001 00000 03003 4
Total 0 0 0 0 0 0 12 0 0 12 0 0 0 0 0 0 11 0 0 11 23
06:00 PM 00101 03003 00000 01001 5
06:15 PM 00000 12003 00000 01001 4
06:30 PM 10001 01001 00000 00000 2
06:45 PM 00101 00000 00000 00000 1
Total 1 0 2 0 3 1 6 0 0 7 0 0 0 0 0 0 2 0 0 2 12
Grand Total 10203 2320034 00000 0230023 60
Apprch %33.3 0 66.7 0 5.9 94.1 00 0000 010000
Total %1.703.305 3.3 53.3 0056.7 00000 0 38.3 0038.3
BYRNE AVE
Southbound
MCCLELLAN RD
Westbound Northbound
MCCLELLAN RD
Eastbound
Start Time Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Int. TotalPeak Hour Analysis From 02:00 PM to 03:45 PM - Peak 1 of 1
Peak Hour for Entire Intersection Begins at 02:45 PM
02:45 PM 0000 0000 0000 0101 1
03:00 PM 0000 14 0 5 0000 0101 6
03:15 PM 0000 0202 0000 0 2 0 2 4
03:30 PM 0000 0101 0000 0000 1
Total Volume 0 0 0 0 1 7 0 8 0 0 0 0 0 4 0 4 12
% App. Total 0 0 0 12.5 87.5 0 0 0 0 0 100 0
PHF .000 .000 .000 .000 .250 .438 .000 .400 .000 .000 .000 .000 .000 .500 .000 .500 .500
Traffic Data Service
Campbell, CA
(408) 377-2988
tdsbay@cs.com
67
ATTACHMENT B — TRAFFIX LOS WORKSHEETS
68
COMPARE Fri Oct 17 15:43:25 2014 Page 1-1
Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to FEHR & PEERS WALNUT CRK
Stevens Creek Corridor Master Plan EIR
SJ14-1512
Fehr & Peers
Summary Scenario Comparison Report (With Average Critical Delay)
Existing Conditions Volumes
Existing AM (May 2014) Existing School PM (October 2014) Existing Commute PM (October 2014)
Avg Avg Avg
Avg Crit Avg Crit Avg Crit
Del Crit Del Del Crit Del Del Crit Del
Intersection LOS (sec) V/C (sec) LOS (sec) V/C (sec) LOS (sec) V/C (sec)
#1 Phar Lap Drive-Golf Course/Stevens Creek Boulevard D 1.3 0.194 1.3 C 0.9 0.078 0.9 D 1.0 0.101 1.0
#2 Orange Avenue-Mann Drive/Stevens Creek Boulevard A 8.8 0.546 8.8 B+ 10.2 0.362 12.3 A 7.6 0.620 8.5
#3 Byrne Avenue/McClellan Road B 2.3 0.063 2.3 B 2.4 0.076 2.4 B 1.4 0.068 1.4
69
COMPARE Fri Oct 17 15:43:25 2014 Page 3-1
Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to FEHR & PEERS WALNUT CRK
Stevens Creek Corridor Master Plan EIR
SJ14-1512
Fehr & Peers
Level Of Service Computation Report
2000 HCM Unsignalized (Future Volume Alternative)
Existing AM - May 2014
Intersection #1: Phar Lap Drive-Golf Course/Stevens Creek Boulevard
Signal=Stop/Rights=Include
Final Vol: 27 0 27
Lanes: 0 0 1! 0 0
Signal=Uncontrol
Signal=Uncontrol
Final Vol: Lanes: Rights=Include Vol Cnt Date: n/a Rights=Include Lanes: Final Vol:
9
1
Cycle Time (sec): 100
1
15
0
Loss Time (sec): 0
0
411 0 Critical V/C: 0.194 1 847
1
Avg Crit Del (sec/veh): 1.3
0
4 0
Avg Delay (sec/veh): 1.3
1 6
LOS: D
Lanes: 0 0 1! 0 0
Final Vol: 0 0 3
Signal=Stop/Rights=Include
Street Name: Phar Lap Drive-Golf Course Stevens Creek Blvd
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
------------|---------------||---------------||---------------||---------------|
Volume Module:8-9AM
Base Vol: 0 0 3 27 0 27 9 411 4 6 847 15
Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Initial Bse: 0 0 3 27 0 27 9 411 4 6 847 15
Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0
PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0
Initial Fut: 0 0 3 27 0 27 9 411 4 6 847 15
User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
PHF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
PHF Volume: 0 0 3 27 0 27 9 411 4 6 847 15
Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0
FinalVolume: 0 0 3 27 0 27 9 411 4 6 847 15
------------|---------------||---------------||---------------||---------------|
Critical Gap Module:
Critical Gp:xxxxx xxxx 6.2 7.1 6.5 6.2 4.1 xxxx xxxxx 4.1 xxxx xxxxx
FollowUpTim:xxxxx xxxx 3.3 3.5 4.0 3.3 2.2 xxxx xxxxx 2.2 xxxx xxxxx
------------|---------------||---------------||---------------||---------------|
Capacity Module:
Cnflict Vol: xxxx xxxx 413 1292 1292 847 862 xxxx xxxxx 415 xxxx xxxxx
Potent Cap.: xxxx xxxx 643 141 165 365 789 xxxx xxxxx 1155 xxxx xxxxx
Move Cap.: xxxx xxxx 643 139 162 365 789 xxxx xxxxx 1155 xxxx xxxxx
Volume/Cap: xxxx xxxx 0.00 0.19 0.00 0.07 0.01 xxxx xxxx 0.01 xxxx xxxx
------------|---------------||---------------||---------------||---------------|
Level Of Service Module:
2Way95thQ: xxxx xxxx 0.0 xxxx xxxx xxxxx 0.0 xxxx xxxxx 0.0 xxxx xxxxx
Control Del:xxxxx xxxx 10.6 xxxxx xxxx xxxxx 9.6 xxxx xxxxx 8.1 xxxx xxxxx
LOS by Move: * * B * * * A * * A * *
Movement: LT - LTR - RT LT - LTR - RT LT - LTR - RT LT - LTR - RT
Shared Cap.: xxxx xxxx xxxxx xxxx 201 xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx
SharedQueue:xxxxx xxxx xxxxx xxxxx 1.0 xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx
Shrd ConDel:xxxxx xxxx xxxxx xxxxx 29.3 xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx
Shared LOS: * * * * D * * * * * * *
ApproachDel: 10.6 29.3 xxxxxx xxxxxx
ApproachLOS: B D * *
Note: Queue reported is the number of cars per lane.
Peak Hour Delay Signal Warrant Report
********************************************************************************
Intersection #1 Phar Lap Drive-Golf Course/Stevens Creek Boulevard
********************************************************************************
Future Volume Alternative: Peak Hour Warrant NOT Met
70
COMPARE Fri Oct 17 15:43:25 2014 Page 3-2
Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to FEHR & PEERS WALNUT CRK
------------|---------------||---------------||---------------||---------------|
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
------------|---------------||---------------||---------------||---------------|
Control: Stop Sign Stop Sign Uncontrolled Uncontrolled
Lanes: 0 0 0 0 1 0 0 1! 0 0 1 0 0 1 0 1 0 1 0 1
Initial Vol: 0 0 3 27 0 27 9 411 4 6 847 15
ApproachDel: 10.6 29.3 xxxxxx xxxxxx
------------|---------------||---------------||---------------||---------------|
Approach[northbound][lanes=1][control=Stop Sign]
Signal Warrant Rule #1: [vehicle-hours=0.0]
FAIL - Vehicle-hours less than 4 for one lane approach.
Signal Warrant Rule #2: [approach volume=3]
FAIL - Approach volume less than 100 for one lane approach.
Signal Warrant Rule #3: [approach count=4][total volume=1349]
SUCCEED - Total volume greater than or equal to 800 for intersection
with four or more approaches.
--------------------------------------------------------------------------------
Approach[southbound][lanes=1][control=Stop Sign]
Signal Warrant Rule #1: [vehicle-hours=0.4]
FAIL - Vehicle-hours less than 4 for one lane approach.
Signal Warrant Rule #2: [approach volume=54]
FAIL - Approach volume less than 100 for one lane approach.
Signal Warrant Rule #3: [approach count=4][total volume=1349]
SUCCEED - Total volume greater than or equal to 800 for intersection
with four or more approaches.
--------------------------------------------------------------------------------
SIGNAL WARRANT DISCLAIMER
This peak hour signal warrant analysis should be considered solely as an
"indicator" of the likelihood of an unsignalized intersection warranting
a traffic signal in the future. Intersections that exceed this warrant
are probably more likely to meet one or more of the other volume based
signal warrant (such as the 4-hour or 8-hour warrants).
The peak hour warrant analysis in this report is not intended to replace
a rigorous and complete traffic signal warrant analysis by the responsible
jurisdiction. Consideration of the other signal warrants, which is beyond
the scope of this software, may yield different results.
Peak Hour Volume Signal Warrant Report [Urban]
********************************************************************************
Intersection #1 Phar Lap Drive-Golf Course/Stevens Creek Boulevard
********************************************************************************
Future Volume Alternative: Peak Hour Warrant NOT Met
------------|---------------||---------------||---------------||---------------|
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
------------|---------------||---------------||---------------||---------------|
Control: Stop Sign Stop Sign Uncontrolled Uncontrolled
Lanes: 0 0 0 0 1 0 0 1! 0 0 1 0 0 1 0 1 0 1 0 1
Initial Vol: 0 0 3 27 0 27 9 411 4 6 847 15
------------|---------------||---------------||---------------||---------------|
Major Street Volume: 1292
Minor Approach Volume: 54
Minor Approach Volume Threshold: 197
--------------------------------------------------------------------------------
SIGNAL WARRANT DISCLAIMER
This peak hour signal warrant analysis should be considered solely as an
"indicator" of the likelihood of an unsignalized intersection warranting
a traffic signal in the future. Intersections that exceed this warrant
are probably more likely to meet one or more of the other volume based
signal warrant (such as the 4-hour or 8-hour warrants).
The peak hour warrant analysis in this report is not intended to replace
a rigorous and complete traffic signal warrant analysis by the responsible
jurisdiction. Consideration of the other signal warrants, which is beyond
the scope of this software, may yield different results.
71
COMPARE Fri Oct 17 15:43:25 2014 Page 3-3
Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to FEHR & PEERS WALNUT CRK
Stevens Creek Corridor Master Plan EIR
SJ14-1512
Fehr & Peers
Level Of Service Computation Report
2000 HCM Unsignalized (Future Volume Alternative)
Existing School PM - October 2014
Intersection #1: Phar Lap Drive-Golf Course/Stevens Creek Boulevard
Signal=Stop/Rights=Include
Final Vol: 10 1 21
Lanes: 0 0 1! 0 0
Signal=Uncontrol
Signal=Uncontrol
Final Vol: Lanes: Rights=Include Vol Cnt Date: n/a Rights=Include Lanes: Final Vol:
10
1
Cycle Time (sec): 100
1
30
0
Loss Time (sec): 0
0
426 0 Critical V/C: 0.078 1 406
1
Avg Crit Del (sec/veh): 0.9
0
4 0
Avg Delay (sec/veh): 0.9
1 4
LOS: C
Lanes: 0 0 1! 0 0
Final Vol: 3 0 10
Signal=Stop/Rights=Include
Street Name: Phar Lap Drive-Golf Course Stevens Creek Blvd
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
------------|---------------||---------------||---------------||---------------|
Volume Module:
Base Vol: 3 0 10 21 1 10 10 426 4 4 406 30
Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Initial Bse: 3 0 10 21 1 10 10 426 4 4 406 30
Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0
PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0
Initial Fut: 3 0 10 21 1 10 10 426 4 4 406 30
User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
PHF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
PHF Volume: 3 0 10 21 1 10 10 426 4 4 406 30
Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0
FinalVolume: 3 0 10 21 1 10 10 426 4 4 406 30
------------|---------------||---------------||---------------||---------------|
Critical Gap Module:
Critical Gp: 7.1 6.5 6.2 7.1 6.5 6.2 4.1 xxxx xxxxx 4.1 xxxx xxxxx
FollowUpTim: 3.5 4.0 3.3 3.5 4.0 3.3 2.2 xxxx xxxxx 2.2 xxxx xxxxx
------------|---------------||---------------||---------------||---------------|
Capacity Module:
Cnflict Vol: 883 892 428 867 864 406 436 xxxx xxxxx 430 xxxx xxxxx
Potent Cap.: 269 283 631 275 294 649 1134 xxxx xxxxx 1140 xxxx xxxxx
Move Cap.: 261 280 631 268 291 649 1134 xxxx xxxxx 1140 xxxx xxxxx
Volume/Cap: 0.01 0.00 0.02 0.08 0.00 0.02 0.01 xxxx xxxx 0.00 xxxx xxxx
------------|---------------||---------------||---------------||---------------|
Level Of Service Module:
2Way95thQ: xxxx xxxx xxxxx xxxx xxxx xxxxx 0.0 xxxx xxxxx 0.0 xxxx xxxxx
Control Del:xxxxx xxxx xxxxx xxxxx xxxx xxxxx 8.2 xxxx xxxxx 8.2 xxxx xxxxx
LOS by Move: * * * * * * A * * A * *
Movement: LT - LTR - RT LT - LTR - RT LT - LTR - RT LT - LTR - RT
Shared Cap.: xxxx 476 xxxxx xxxx 330 xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx
SharedQueue:xxxxx 0.1 xxxxx xxxxx 0.3 xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx
Shrd ConDel:xxxxx 12.8 xxxxx xxxxx 17.1 xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx
Shared LOS: * B * * C * * * * * * *
ApproachDel: 12.8 17.1 xxxxxx xxxxxx
ApproachLOS: B C * *
Note: Queue reported is the number of cars per lane.
Peak Hour Delay Signal Warrant Report
********************************************************************************
Intersection #1 Phar Lap Drive-Golf Course/Stevens Creek Boulevard
********************************************************************************
Future Volume Alternative: Peak Hour Warrant NOT Met
72
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Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to FEHR & PEERS WALNUT CRK
------------|---------------||---------------||---------------||---------------|
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
------------|---------------||---------------||---------------||---------------|
Control: Stop Sign Stop Sign Uncontrolled Uncontrolled
Lanes: 0 0 1! 0 0 0 0 1! 0 0 1 0 0 1 0 1 0 1 0 1
Initial Vol: 3 0 10 21 1 10 10 426 4 4 406 30
ApproachDel: 12.8 17.1 xxxxxx xxxxxx
------------|---------------||---------------||---------------||---------------|
Approach[northbound][lanes=1][control=Stop Sign]
Signal Warrant Rule #1: [vehicle-hours=0.0]
FAIL - Vehicle-hours less than 4 for one lane approach.
Signal Warrant Rule #2: [approach volume=13]
FAIL - Approach volume less than 100 for one lane approach.
Signal Warrant Rule #3: [approach count=4][total volume=925]
SUCCEED - Total volume greater than or equal to 800 for intersection
with four or more approaches.
--------------------------------------------------------------------------------
Approach[southbound][lanes=1][control=Stop Sign]
Signal Warrant Rule #1: [vehicle-hours=0.2]
FAIL - Vehicle-hours less than 4 for one lane approach.
Signal Warrant Rule #2: [approach volume=32]
FAIL - Approach volume less than 100 for one lane approach.
Signal Warrant Rule #3: [approach count=4][total volume=925]
SUCCEED - Total volume greater than or equal to 800 for intersection
with four or more approaches.
--------------------------------------------------------------------------------
SIGNAL WARRANT DISCLAIMER
This peak hour signal warrant analysis should be considered solely as an
"indicator" of the likelihood of an unsignalized intersection warranting
a traffic signal in the future. Intersections that exceed this warrant
are probably more likely to meet one or more of the other volume based
signal warrant (such as the 4-hour or 8-hour warrants).
The peak hour warrant analysis in this report is not intended to replace
a rigorous and complete traffic signal warrant analysis by the responsible
jurisdiction. Consideration of the other signal warrants, which is beyond
the scope of this software, may yield different results.
Peak Hour Volume Signal Warrant Report [Urban]
********************************************************************************
Intersection #1 Phar Lap Drive-Golf Course/Stevens Creek Boulevard
********************************************************************************
Future Volume Alternative: Peak Hour Warrant NOT Met
------------|---------------||---------------||---------------||---------------|
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
------------|---------------||---------------||---------------||---------------|
Control: Stop Sign Stop Sign Uncontrolled Uncontrolled
Lanes: 0 0 1! 0 0 0 0 1! 0 0 1 0 0 1 0 1 0 1 0 1
Initial Vol: 3 0 10 21 1 10 10 426 4 4 406 30
------------|---------------||---------------||---------------||---------------|
Major Street Volume: 880
Minor Approach Volume: 32
Minor Approach Volume Threshold: 329
--------------------------------------------------------------------------------
SIGNAL WARRANT DISCLAIMER
This peak hour signal warrant analysis should be considered solely as an
"indicator" of the likelihood of an unsignalized intersection warranting
a traffic signal in the future. Intersections that exceed this warrant
are probably more likely to meet one or more of the other volume based
signal warrant (such as the 4-hour or 8-hour warrants).
The peak hour warrant analysis in this report is not intended to replace
a rigorous and complete traffic signal warrant analysis by the responsible
jurisdiction. Consideration of the other signal warrants, which is beyond
the scope of this software, may yield different results.
73
COMPARE Fri Oct 17 15:43:25 2014 Page 3-5
Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to FEHR & PEERS WALNUT CRK
Stevens Creek Corridor Master Plan EIR
SJ14-1512
Fehr & Peers
Level Of Service Computation Report
2000 HCM Unsignalized (Future Volume Alternative)
Existing Commute PM - October 2014
Intersection #1: Phar Lap Drive-Golf Course/Stevens Creek Boulevard
Signal=Stop/Rights=Include
Final Vol: 13 1 11
Lanes: 0 0 1! 0 0
Signal=Uncontrol
Signal=Uncontrol
Final Vol: Lanes: Rights=Include Vol Cnt Date: n/a Rights=Include Lanes: Final Vol:
38
1
Cycle Time (sec): 100
1
30
0
Loss Time (sec): 0
0
875 0 Critical V/C: 0.101 1 437
1
Avg Crit Del (sec/veh): 1.0
0
2 0
Avg Delay (sec/veh): 1.0
1 8
LOS: D
Lanes: 0 0 1! 0 0
Final Vol: 3 0 12
Signal=Stop/Rights=Include
Street Name: Phar Lap Drive-Golf Course Stevens Creek Blvd
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
------------|---------------||---------------||---------------||---------------|
Volume Module:5:15-6:15p
Base Vol: 3 0 12 11 1 13 38 875 2 8 437 30
Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Initial Bse: 3 0 12 11 1 13 38 875 2 8 437 30
Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0
PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0
Initial Fut: 3 0 12 11 1 13 38 875 2 8 437 30
User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
PHF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
PHF Volume: 3 0 12 11 1 13 38 875 2 8 437 30
Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0
FinalVolume: 3 0 12 11 1 13 38 875 2 8 437 30
------------|---------------||---------------||---------------||---------------|
Critical Gap Module:
Critical Gp: 7.1 6.5 6.2 7.1 6.5 6.2 4.1 xxxx xxxxx 4.1 xxxx xxxxx
FollowUpTim: 3.5 4.0 3.3 3.5 4.0 3.3 2.2 xxxx xxxxx 2.2 xxxx xxxxx
------------|---------------||---------------||---------------||---------------|
Capacity Module:
Cnflict Vol: 1427 1435 876 1411 1406 437 467 xxxx xxxxx 877 xxxx xxxxx
Potent Cap.: 114 135 351 117 140 624 1105 xxxx xxxxx 779 xxxx xxxxx
Move Cap.: 107 129 351 109 134 624 1105 xxxx xxxxx 779 xxxx xxxxx
Volume/Cap: 0.03 0.00 0.03 0.10 0.01 0.02 0.03 xxxx xxxx 0.01 xxxx xxxx
------------|---------------||---------------||---------------||---------------|
Level Of Service Module:
2Way95thQ: xxxx xxxx xxxxx xxxx xxxx xxxxx 0.1 xxxx xxxxx 0.0 xxxx xxxxx
Control Del:xxxxx xxxx xxxxx xxxxx xxxx xxxxx 8.4 xxxx xxxxx 9.7 xxxx xxxxx
LOS by Move: * * * * * * A * * A * *
Movement: LT - LTR - RT LT - LTR - RT LT - LTR - RT LT - LTR - RT
Shared Cap.: xxxx 241 xxxxx xxxx 194 xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx
SharedQueue:xxxxx 0.2 xxxxx xxxxx 0.4 xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx
Shrd ConDel:xxxxx 20.9 xxxxx xxxxx 26.3 xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx
Shared LOS: * C * * D * * * * * * *
ApproachDel: 20.9 26.3 xxxxxx xxxxxx
ApproachLOS: C D * *
Note: Queue reported is the number of cars per lane.
Peak Hour Delay Signal Warrant Report
********************************************************************************
Intersection #1 Phar Lap Drive-Golf Course/Stevens Creek Boulevard
********************************************************************************
Future Volume Alternative: Peak Hour Warrant NOT Met
74
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Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to FEHR & PEERS WALNUT CRK
------------|---------------||---------------||---------------||---------------|
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
------------|---------------||---------------||---------------||---------------|
Control: Stop Sign Stop Sign Uncontrolled Uncontrolled
Lanes: 0 0 1! 0 0 0 0 1! 0 0 1 0 0 1 0 1 0 1 0 1
Initial Vol: 3 0 12 11 1 13 38 875 2 8 437 30
ApproachDel: 20.9 26.3 xxxxxx xxxxxx
------------|---------------||---------------||---------------||---------------|
Approach[northbound][lanes=1][control=Stop Sign]
Signal Warrant Rule #1: [vehicle-hours=0.1]
FAIL - Vehicle-hours less than 4 for one lane approach.
Signal Warrant Rule #2: [approach volume=15]
FAIL - Approach volume less than 100 for one lane approach.
Signal Warrant Rule #3: [approach count=4][total volume=1430]
SUCCEED - Total volume greater than or equal to 800 for intersection
with four or more approaches.
--------------------------------------------------------------------------------
Approach[southbound][lanes=1][control=Stop Sign]
Signal Warrant Rule #1: [vehicle-hours=0.2]
FAIL - Vehicle-hours less than 4 for one lane approach.
Signal Warrant Rule #2: [approach volume=25]
FAIL - Approach volume less than 100 for one lane approach.
Signal Warrant Rule #3: [approach count=4][total volume=1430]
SUCCEED - Total volume greater than or equal to 800 for intersection
with four or more approaches.
--------------------------------------------------------------------------------
SIGNAL WARRANT DISCLAIMER
This peak hour signal warrant analysis should be considered solely as an
"indicator" of the likelihood of an unsignalized intersection warranting
a traffic signal in the future. Intersections that exceed this warrant
are probably more likely to meet one or more of the other volume based
signal warrant (such as the 4-hour or 8-hour warrants).
The peak hour warrant analysis in this report is not intended to replace
a rigorous and complete traffic signal warrant analysis by the responsible
jurisdiction. Consideration of the other signal warrants, which is beyond
the scope of this software, may yield different results.
Peak Hour Volume Signal Warrant Report [Urban]
********************************************************************************
Intersection #1 Phar Lap Drive-Golf Course/Stevens Creek Boulevard
********************************************************************************
Future Volume Alternative: Peak Hour Warrant NOT Met
------------|---------------||---------------||---------------||---------------|
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
------------|---------------||---------------||---------------||---------------|
Control: Stop Sign Stop Sign Uncontrolled Uncontrolled
Lanes: 0 0 1! 0 0 0 0 1! 0 0 1 0 0 1 0 1 0 1 0 1
Initial Vol: 3 0 12 11 1 13 38 875 2 8 437 30
------------|---------------||---------------||---------------||---------------|
Major Street Volume: 1390
Minor Approach Volume: 25
Minor Approach Volume Threshold: 171
--------------------------------------------------------------------------------
SIGNAL WARRANT DISCLAIMER
This peak hour signal warrant analysis should be considered solely as an
"indicator" of the likelihood of an unsignalized intersection warranting
a traffic signal in the future. Intersections that exceed this warrant
are probably more likely to meet one or more of the other volume based
signal warrant (such as the 4-hour or 8-hour warrants).
The peak hour warrant analysis in this report is not intended to replace
a rigorous and complete traffic signal warrant analysis by the responsible
jurisdiction. Consideration of the other signal warrants, which is beyond
the scope of this software, may yield different results.
75
COMPARE Fri Oct 17 15:43:25 2014 Page 3-7
Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to FEHR & PEERS WALNUT CRK
Stevens Creek Corridor Master Plan EIR
SJ14-1512
Fehr & Peers
Level Of Service Computation Report
2000 HCM Operations (Future Volume Alternative)
Existing AM - May 2014
Intersection #2: Orange Avenue-Mann Drive/Stevens Creek Boulevard
Signal=Permit/Rights=Include
Final Vol: 8 13 92
Lanes: 0 0 1! 0 0
Signal=Permit
Signal=Permit
Final Vol: Lanes: Rights=Include Vol Cnt Date: n/a Rights=Include Lanes: Final Vol:
2
1
Cycle Time (sec): 90
1
31
0
Loss Time (sec): 6
0
431 0 Critical V/C: 0.546 1 819***
1
Avg Crit Del (sec/veh): 8.8
0
25 0
Avg Delay (sec/veh): 8.8
1 33
LOS: A
Lanes: 0 0 1! 0 0
Final Vol: 40 6*** 91
Signal=Permit/Rights=Include
Street Name: Orange Avenue-Mann Drive Stevens Creek Boulevard
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
------------|---------------||---------------||---------------||---------------|
Min. Green: 10 10 10 10 10 10 10 10 10 10 10 10
Y+R: 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
------------|---------------||---------------||---------------||---------------|
Volume Module:
Base Vol: 40 6 91 92 13 8 2 431 25 33 819 31
Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Initial Bse: 40 6 91 92 13 8 2 431 25 33 819 31
Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0
PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0
Initial Fut: 40 6 91 92 13 8 2 431 25 33 819 31
User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
PHF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
PHF Volume: 40 6 91 92 13 8 2 431 25 33 819 31
Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0
Reduced Vol: 40 6 91 92 13 8 2 431 25 33 819 31
PCE Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
MLF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
FinalVolume: 40 6 91 92 13 8 2 431 25 33 819 31
------------|---------------||---------------||---------------||---------------|
Saturation Flow Module:
Sat/Lane: 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Adjustment: 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.95 0.95 0.92 1.00 0.92
Lanes: 0.29 0.04 0.67 0.81 0.12 0.07 1.00 0.95 0.05 1.00 1.00 1.00
Final Sat.: 511 77 1162 1425 201 124 1750 1701 99 1750 1900 1750
------------|---------------||---------------||---------------||---------------|
Capacity Analysis Module:
Vol/Sat: 0.08 0.08 0.08 0.06 0.06 0.06 0.00 0.25 0.25 0.02 0.43 0.02
Crit Moves: **** ****
Green Time: 12.9 12.9 12.9 12.9 12.9 12.9 71.1 71.1 71.1 71.1 71.1 71.1
Volume/Cap: 0.55 0.55 0.55 0.45 0.45 0.45 0.00 0.32 0.32 0.02 0.55 0.02
Delay/Veh: 38.3 38.3 38.3 36.6 36.6 36.6 2.0 2.8 2.8 2.0 3.9 2.0
User DelAdj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
AdjDel/Veh: 38.3 38.3 38.3 36.6 36.6 36.6 2.0 2.8 2.8 2.0 3.9 2.0
LOS by Move: D+ D+ D+ D+ D+ D+ A A A A A A
HCM2k95thQ: 9 9 9 7 7 7 0 8 8 0 16 0
Note: Queue reported is the number of cars per lane.
76
COMPARE Fri Oct 17 15:43:25 2014 Page 3-8
Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to FEHR & PEERS WALNUT CRK
Stevens Creek Corridor Master Plan EIR
SJ14-1512
Fehr & Peers
Level Of Service Computation Report
2000 HCM Operations (Future Volume Alternative)
Existing School PM - October 2014
Intersection #2: Orange Avenue-Mann Drive/Stevens Creek Boulevard
Signal=Permit/Rights=Include
Final Vol: 12 16 41
Lanes: 0 0 1! 0 0
Signal=Permit
Signal=Permit
Final Vol: Lanes: Rights=Include Vol Cnt Date: n/a Rights=Include Lanes: Final Vol:
8
1
Cycle Time (sec): 100
1
52
0
Loss Time (sec): 6
0
426*** 0 Critical V/C: 0.362 1 388
1
Avg Crit Del (sec/veh): 12.3
0
37 0
Avg Delay (sec/veh): 10.2
1 78
LOS: B+
Lanes: 0 0 1! 0 0
Final Vol: 44 12*** 89
Signal=Permit/Rights=Include
Street Name: Orange Avenue-Mann Drive Stevens Creek Boulevard
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
------------|---------------||---------------||---------------||---------------|
Min. Green: 10 10 10 10 10 10 10 10 10 10 10 10
Y+R: 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
------------|---------------||---------------||---------------||---------------|
Volume Module:
Base Vol: 44 12 89 41 16 12 8 426 37 78 388 52
Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Initial Bse: 44 12 89 41 16 12 8 426 37 78 388 52
Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0
PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0
Initial Fut: 44 12 89 41 16 12 8 426 37 78 388 52
User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
PHF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
PHF Volume: 44 12 89 41 16 12 8 426 37 78 388 52
Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0
Reduced Vol: 44 12 89 41 16 12 8 426 37 78 388 52
PCE Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
MLF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
FinalVolume: 44 12 89 41 16 12 8 426 37 78 388 52
------------|---------------||---------------||---------------||---------------|
Saturation Flow Module:
Sat/Lane: 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Adjustment: 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.95 0.95 0.92 1.00 0.92
Lanes: 0.30 0.08 0.62 0.60 0.23 0.17 1.00 0.92 0.08 1.00 1.00 1.00
Final Sat.: 531 145 1074 1040 406 304 1750 1656 144 1750 1900 1750
------------|---------------||---------------||---------------||---------------|
Capacity Analysis Module:
Vol/Sat: 0.08 0.08 0.08 0.04 0.04 0.04 0.00 0.26 0.26 0.04 0.20 0.03
Crit Moves: **** ****
Green Time: 22.9 22.9 22.9 22.9 22.9 22.9 71.1 71.1 71.1 71.1 71.1 71.1
Volume/Cap: 0.36 0.36 0.36 0.17 0.17 0.17 0.01 0.36 0.36 0.06 0.29 0.04
Delay/Veh: 33.0 33.0 33.0 31.1 31.1 31.1 4.2 5.8 5.8 4.4 5.4 4.3
User DelAdj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
AdjDel/Veh: 33.0 33.0 33.0 31.1 31.1 31.1 4.2 5.8 5.8 4.4 5.4 4.3
LOS by Move: C- C- C- C C C A A A A A A
HCM2k95thQ: 8 8 8 4 4 4 0 11 11 2 9 1
Note: Queue reported is the number of cars per lane.
77
COMPARE Fri Oct 17 15:43:25 2014 Page 3-9
Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to FEHR & PEERS WALNUT CRK
Stevens Creek Corridor Master Plan EIR
SJ14-1512
Fehr & Peers
Level Of Service Computation Report
2000 HCM Operations (Future Volume Alternative)
Existing Commute PM - October 2014
Intersection #2: Orange Avenue-Mann Drive/Stevens Creek Boulevard
Signal=Permit/Rights=Include
Final Vol: 2 9*** 102
Lanes: 0 0 1! 0 0
Signal=Permit
Signal=Permit
Final Vol: Lanes: Rights=Include Vol Cnt Date: n/a Rights=Include Lanes: Final Vol:
10
1
Cycle Time (sec): 100
1
73
0
Loss Time (sec): 6
0
827*** 0 Critical V/C: 0.620 1 460
1
Avg Crit Del (sec/veh): 8.5
0
106 0
Avg Delay (sec/veh): 7.6
1 72
LOS: A
Lanes: 0 0 1! 0 0
Final Vol: 23 4 47
Signal=Permit/Rights=Include
Street Name: Orange Avenue-Mann Drive Stevens Creek Boulevard
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
------------|---------------||---------------||---------------||---------------|
Min. Green: 10 10 10 10 10 10 10 10 10 10 10 10
Y+R: 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
------------|---------------||---------------||---------------||---------------|
Volume Module:
Base Vol: 23 4 47 102 9 2 10 827 106 72 460 73
Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Initial Bse: 23 4 47 102 9 2 10 827 106 72 460 73
Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0
PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0
Initial Fut: 23 4 47 102 9 2 10 827 106 72 460 73
User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
PHF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
PHF Volume: 23 4 47 102 9 2 10 827 106 72 460 73
Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0
Reduced Vol: 23 4 47 102 9 2 10 827 106 72 460 73
PCE Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
MLF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
FinalVolume: 23 4 47 102 9 2 10 827 106 72 460 73
------------|---------------||---------------||---------------||---------------|
Saturation Flow Module:
Sat/Lane: 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Adjustment: 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.95 0.95 0.92 1.00 0.92
Lanes: 0.31 0.05 0.64 0.90 0.08 0.02 1.00 0.89 0.11 1.00 1.00 1.00
Final Sat.: 544 95 1111 1580 139 31 1750 1595 205 1750 1900 1750
------------|---------------||---------------||---------------||---------------|
Capacity Analysis Module:
Vol/Sat: 0.04 0.04 0.04 0.06 0.06 0.06 0.01 0.52 0.52 0.04 0.24 0.04
Crit Moves: **** ****
Green Time: 10.4 10.4 10.4 10.4 10.4 10.4 83.6 83.6 83.6 83.6 83.6 83.6
Volume/Cap: 0.41 0.41 0.41 0.62 0.62 0.62 0.01 0.62 0.62 0.05 0.29 0.05
Delay/Veh: 43.4 43.4 43.4 49.3 49.3 49.3 1.4 3.6 3.6 1.4 1.9 1.4
User DelAdj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
AdjDel/Veh: 43.4 43.4 43.4 49.3 49.3 49.3 1.4 3.6 3.6 1.4 1.9 1.4
LOS by Move: D D D D D D A A A A A A
HCM2k95thQ: 6 6 6 9 9 9 0 20 20 1 6 1
Note: Queue reported is the number of cars per lane.
78
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Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to FEHR & PEERS WALNUT CRK
Stevens Creek Corridor Master Plan EIR
SJ14-1512
Fehr & Peers
Level Of Service Computation Report
2000 HCM Unsignalized (Future Volume Alternative)
Existing AM - May 2014
Intersection #3: Byrne Avenue/McClellan Road
Signal=Stop/Rights=Include
Final Vol: 22 0 37
Lanes: 0 0 1! 0 0
Signal=Uncontrol
Signal=Uncontrol
Final Vol: Lanes: Rights=Include Vol Cnt Date: n/a Rights=Include Lanes: Final Vol:
44
0
Cycle Time (sec): 100
0
20
0
Loss Time (sec): 0
1
97 1! Critical V/C: 0.063 0 215
0
Avg Crit Del (sec/veh): 2.3
0
0 0
Avg Delay (sec/veh): 2.3
0 0
LOS: B
Lanes: 0 0 0 0 0
Final Vol: 0 0 0
Signal=Stop/Rights=Include
Street Name: Byrne Avneue McClellan Road
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
------------|---------------||---------------||---------------||---------------|
Volume Module:8-9
Base Vol: 0 0 0 37 0 22 44 97 0 0 215 20
Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Initial Bse: 0 0 0 37 0 22 44 97 0 0 215 20
Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0
PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0
Initial Fut: 0 0 0 37 0 22 44 97 0 0 215 20
User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
PHF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
PHF Volume: 0 0 0 37 0 22 44 97 0 0 215 20
Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0
FinalVolume: 0 0 0 37 0 22 44 97 0 0 215 20
------------|---------------||---------------||---------------||---------------|
Critical Gap Module:
Critical Gp:xxxxx xxxx xxxxx 6.4 6.5 6.2 4.1 xxxx xxxxx xxxxx xxxx xxxxx
FollowUpTim:xxxxx xxxx xxxxx 3.5 4.0 3.3 2.2 xxxx xxxxx xxxxx xxxx xxxxx
------------|---------------||---------------||---------------||---------------|
Capacity Module:
Cnflict Vol: xxxx xxxx xxxxx 410 410 225 235 xxxx xxxxx xxxx xxxx xxxxx
Potent Cap.: xxxx xxxx xxxxx 602 534 819 1344 xxxx xxxxx xxxx xxxx xxxxx
Move Cap.: xxxx xxxx xxxxx 586 517 819 1344 xxxx xxxxx xxxx xxxx xxxxx
Volume/Cap: xxxx xxxx xxxx 0.06 0.00 0.03 0.03 xxxx xxxx xxxx xxxx xxxx
------------|---------------||---------------||---------------||---------------|
Level Of Service Module:
2Way95thQ: xxxx xxxx xxxxx xxxx xxxx xxxxx 0.1 xxxx xxxxx xxxx xxxx xxxxx
Control Del:xxxxx xxxx xxxxx xxxxx xxxx xxxxx 7.8 xxxx xxxxx xxxxx xxxx xxxxx
LOS by Move: * * * * * * A * * * * *
Movement: LT - LTR - RT LT - LTR - RT LT - LTR - RT LT - LTR - RT
Shared Cap.: xxxx xxxx xxxxx xxxx 656 xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx
SharedQueue:xxxxx xxxx xxxxx xxxxx 0.3 xxxxx 0.1 xxxx xxxxx xxxxx xxxx xxxxx
Shrd ConDel:xxxxx xxxx xxxxx xxxxx 11.0 xxxxx 7.8 xxxx xxxxx xxxxx xxxx xxxxx
Shared LOS: * * * * B * A * * * * *
ApproachDel: xxxxxx 11.0 xxxxxx xxxxxx
ApproachLOS: * B * *
Note: Queue reported is the number of cars per lane.
Peak Hour Delay Signal Warrant Report
********************************************************************************
Intersection #3 Byrne Avenue/McClellan Road
********************************************************************************
Future Volume Alternative: Peak Hour Warrant NOT Met
79
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Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to FEHR & PEERS WALNUT CRK
------------|---------------||---------------||---------------||---------------|
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
------------|---------------||---------------||---------------||---------------|
Control: Stop Sign Stop Sign Uncontrolled Uncontrolled
Lanes: 0 0 0 0 0 0 0 1! 0 0 0 1 0 0 0 0 0 0 1 0
Initial Vol: 0 0 0 37 0 22 44 97 0 0 215 20
ApproachDel: xxxxxx 11.0 xxxxxx xxxxxx
------------|---------------||---------------||---------------||---------------|
Approach[southbound][lanes=1][control=Stop Sign]
Signal Warrant Rule #1: [vehicle-hours=0.2]
FAIL - Vehicle-hours less than 4 for one lane approach.
Signal Warrant Rule #2: [approach volume=59]
FAIL - Approach volume less than 100 for one lane approach.
Signal Warrant Rule #3: [approach count=3][total volume=435]
FAIL - Total volume less than 650 for intersection
with less than four approaches.
--------------------------------------------------------------------------------
SIGNAL WARRANT DISCLAIMER
This peak hour signal warrant analysis should be considered solely as an
"indicator" of the likelihood of an unsignalized intersection warranting
a traffic signal in the future. Intersections that exceed this warrant
are probably more likely to meet one or more of the other volume based
signal warrant (such as the 4-hour or 8-hour warrants).
The peak hour warrant analysis in this report is not intended to replace
a rigorous and complete traffic signal warrant analysis by the responsible
jurisdiction. Consideration of the other signal warrants, which is beyond
the scope of this software, may yield different results.
Peak Hour Volume Signal Warrant Report [Urban]
********************************************************************************
Intersection #3 Byrne Avenue/McClellan Road
********************************************************************************
Future Volume Alternative: Peak Hour Warrant NOT Met
------------|---------------||---------------||---------------||---------------|
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
------------|---------------||---------------||---------------||---------------|
Control: Stop Sign Stop Sign Uncontrolled Uncontrolled
Lanes: 0 0 0 0 0 0 0 1! 0 0 0 1 0 0 0 0 0 0 1 0
Initial Vol: 0 0 0 37 0 22 44 97 0 0 215 20
------------|---------------||---------------||---------------||---------------|
Major Street Volume: 376
Minor Approach Volume: 59
Minor Approach Volume Threshold: 480
--------------------------------------------------------------------------------
SIGNAL WARRANT DISCLAIMER
This peak hour signal warrant analysis should be considered solely as an
"indicator" of the likelihood of an unsignalized intersection warranting
a traffic signal in the future. Intersections that exceed this warrant
are probably more likely to meet one or more of the other volume based
signal warrant (such as the 4-hour or 8-hour warrants).
The peak hour warrant analysis in this report is not intended to replace
a rigorous and complete traffic signal warrant analysis by the responsible
jurisdiction. Consideration of the other signal warrants, which is beyond
the scope of this software, may yield different results.
80
COMPARE Fri Oct 17 15:43:25 2014 Page 3-12
Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to FEHR & PEERS WALNUT CRK
Stevens Creek Corridor Master Plan EIR
SJ14-1512
Fehr & Peers
Level Of Service Computation Report
2000 HCM Unsignalized (Future Volume Alternative)
Existing School PM - October 2014
Intersection #3: Byrne Avenue/McClellan Road
Signal=Stop/Rights=Include
Final Vol: 52 0 42
Lanes: 0 0 1! 0 0
Signal=Uncontrol
Signal=Uncontrol
Final Vol: Lanes: Rights=Include Vol Cnt Date: n/a Rights=Include Lanes: Final Vol:
34
0
Cycle Time (sec): 100
0
63
0
Loss Time (sec): 0
1
159 1! Critical V/C: 0.076 0 196
0
Avg Crit Del (sec/veh): 2.4
0
0 0
Avg Delay (sec/veh): 2.4
0 0
LOS: B
Lanes: 0 0 0 0 0
Final Vol: 0 0 0
Signal=Stop/Rights=Include
Street Name: Byrne Avneue McClellan Road
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
------------|---------------||---------------||---------------||---------------|
Volume Module:
Base Vol: 0 0 0 42 0 52 34 159 0 0 196 63
Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Initial Bse: 0 0 0 42 0 52 34 159 0 0 196 63
Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0
PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0
Initial Fut: 0 0 0 42 0 52 34 159 0 0 196 63
User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
PHF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
PHF Volume: 0 0 0 42 0 52 34 159 0 0 196 63
Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0
FinalVolume: 0 0 0 42 0 52 34 159 0 0 196 63
------------|---------------||---------------||---------------||---------------|
Critical Gap Module:
Critical Gp:xxxxx xxxx xxxxx 6.4 6.5 6.2 4.1 xxxx xxxxx xxxxx xxxx xxxxx
FollowUpTim:xxxxx xxxx xxxxx 3.5 4.0 3.3 2.2 xxxx xxxxx xxxxx xxxx xxxxx
------------|---------------||---------------||---------------||---------------|
Capacity Module:
Cnflict Vol: xxxx xxxx xxxxx 455 455 228 259 xxxx xxxxx xxxx xxxx xxxxx
Potent Cap.: xxxx xxxx xxxxx 567 505 817 1317 xxxx xxxxx xxxx xxxx xxxxx
Move Cap.: xxxx xxxx xxxxx 556 491 817 1317 xxxx xxxxx xxxx xxxx xxxxx
Volume/Cap: xxxx xxxx xxxx 0.08 0.00 0.06 0.03 xxxx xxxx xxxx xxxx xxxx
------------|---------------||---------------||---------------||---------------|
Level Of Service Module:
2Way95thQ: xxxx xxxx xxxxx xxxx xxxx xxxxx 0.1 xxxx xxxxx xxxx xxxx xxxxx
Control Del:xxxxx xxxx xxxxx xxxxx xxxx xxxxx 7.8 xxxx xxxxx xxxxx xxxx xxxxx
LOS by Move: * * * * * * A * * * * *
Movement: LT - LTR - RT LT - LTR - RT LT - LTR - RT LT - LTR - RT
Shared Cap.: xxxx xxxx xxxxx xxxx 675 xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx
SharedQueue:xxxxx xxxx xxxxx xxxxx 0.5 xxxxx 0.1 xxxx xxxxx xxxxx xxxx xxxxx
Shrd ConDel:xxxxx xxxx xxxxx xxxxx 11.2 xxxxx 7.8 xxxx xxxxx xxxxx xxxx xxxxx
Shared LOS: * * * * B * A * * * * *
ApproachDel: xxxxxx 11.2 xxxxxx xxxxxx
ApproachLOS: * B * *
Note: Queue reported is the number of cars per lane.
Peak Hour Delay Signal Warrant Report
********************************************************************************
Intersection #3 Byrne Avenue/McClellan Road
********************************************************************************
Future Volume Alternative: Peak Hour Warrant NOT Met
81
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Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to FEHR & PEERS WALNUT CRK
------------|---------------||---------------||---------------||---------------|
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
------------|---------------||---------------||---------------||---------------|
Control: Stop Sign Stop Sign Uncontrolled Uncontrolled
Lanes: 0 0 0 0 0 0 0 1! 0 0 0 1 0 0 0 0 0 0 1 0
Initial Vol: 0 0 0 42 0 52 34 159 0 0 196 63
ApproachDel: xxxxxx 11.2 xxxxxx xxxxxx
------------|---------------||---------------||---------------||---------------|
Approach[southbound][lanes=1][control=Stop Sign]
Signal Warrant Rule #1: [vehicle-hours=0.3]
FAIL - Vehicle-hours less than 4 for one lane approach.
Signal Warrant Rule #2: [approach volume=94]
FAIL - Approach volume less than 100 for one lane approach.
Signal Warrant Rule #3: [approach count=3][total volume=546]
FAIL - Total volume less than 650 for intersection
with less than four approaches.
--------------------------------------------------------------------------------
SIGNAL WARRANT DISCLAIMER
This peak hour signal warrant analysis should be considered solely as an
"indicator" of the likelihood of an unsignalized intersection warranting
a traffic signal in the future. Intersections that exceed this warrant
are probably more likely to meet one or more of the other volume based
signal warrant (such as the 4-hour or 8-hour warrants).
The peak hour warrant analysis in this report is not intended to replace
a rigorous and complete traffic signal warrant analysis by the responsible
jurisdiction. Consideration of the other signal warrants, which is beyond
the scope of this software, may yield different results.
Peak Hour Volume Signal Warrant Report [Urban]
********************************************************************************
Intersection #3 Byrne Avenue/McClellan Road
********************************************************************************
Future Volume Alternative: Peak Hour Warrant NOT Met
------------|---------------||---------------||---------------||---------------|
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
------------|---------------||---------------||---------------||---------------|
Control: Stop Sign Stop Sign Uncontrolled Uncontrolled
Lanes: 0 0 0 0 0 0 0 1! 0 0 0 1 0 0 0 0 0 0 1 0
Initial Vol: 0 0 0 42 0 52 34 159 0 0 196 63
------------|---------------||---------------||---------------||---------------|
Major Street Volume: 452
Minor Approach Volume: 94
Minor Approach Volume Threshold: 431
--------------------------------------------------------------------------------
SIGNAL WARRANT DISCLAIMER
This peak hour signal warrant analysis should be considered solely as an
"indicator" of the likelihood of an unsignalized intersection warranting
a traffic signal in the future. Intersections that exceed this warrant
are probably more likely to meet one or more of the other volume based
signal warrant (such as the 4-hour or 8-hour warrants).
The peak hour warrant analysis in this report is not intended to replace
a rigorous and complete traffic signal warrant analysis by the responsible
jurisdiction. Consideration of the other signal warrants, which is beyond
the scope of this software, may yield different results.
82
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Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to FEHR & PEERS WALNUT CRK
Stevens Creek Corridor Master Plan EIR
SJ14-1512
Fehr & Peers
Level Of Service Computation Report
2000 HCM Unsignalized (Future Volume Alternative)
Existing Commute PM - October 2014
Intersection #3: Byrne Avenue/McClellan Road
Signal=Stop/Rights=Include
Final Vol: 19 0 40
Lanes: 0 0 1! 0 0
Signal=Uncontrol
Signal=Uncontrol
Final Vol: Lanes: Rights=Include Vol Cnt Date: n/a Rights=Include Lanes: Final Vol:
2
0
Cycle Time (sec): 100
0
18
0
Loss Time (sec): 0
1
234 1! Critical V/C: 0.068 0 177
0
Avg Crit Del (sec/veh): 1.4
0
0 0
Avg Delay (sec/veh): 1.4
0 0
LOS: B
Lanes: 0 0 0 0 0
Final Vol: 0 0 0
Signal=Stop/Rights=Include
Street Name: Byrne Avneue McClellan Road
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
------------|---------------||---------------||---------------||---------------|
Volume Module:
Base Vol: 0 0 0 40 0 19 2 234 0 0 177 18
Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Initial Bse: 0 0 0 40 0 19 2 234 0 0 177 18
Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0
PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0
Initial Fut: 0 0 0 40 0 19 2 234 0 0 177 18
User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
PHF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
PHF Volume: 0 0 0 40 0 19 2 234 0 0 177 18
Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0
FinalVolume: 0 0 0 40 0 19 2 234 0 0 177 18
------------|---------------||---------------||---------------||---------------|
Critical Gap Module:
Critical Gp:xxxxx xxxx xxxxx 6.4 6.5 6.2 4.1 xxxx xxxxx xxxxx xxxx xxxxx
FollowUpTim:xxxxx xxxx xxxxx 3.5 4.0 3.3 2.2 xxxx xxxxx xxxxx xxxx xxxxx
------------|---------------||---------------||---------------||---------------|
Capacity Module:
Cnflict Vol: xxxx xxxx xxxxx 424 424 186 195 xxxx xxxxx xxxx xxxx xxxxx
Potent Cap.: xxxx xxxx xxxxx 591 525 861 1390 xxxx xxxxx xxxx xxxx xxxxx
Move Cap.: xxxx xxxx xxxxx 590 524 861 1390 xxxx xxxxx xxxx xxxx xxxxx
Volume/Cap: xxxx xxxx xxxx 0.07 0.00 0.02 0.00 xxxx xxxx xxxx xxxx xxxx
------------|---------------||---------------||---------------||---------------|
Level Of Service Module:
2Way95thQ: xxxx xxxx xxxxx xxxx xxxx xxxxx 0.0 xxxx xxxxx xxxx xxxx xxxxx
Control Del:xxxxx xxxx xxxxx xxxxx xxxx xxxxx 7.6 xxxx xxxxx xxxxx xxxx xxxxx
LOS by Move: * * * * * * A * * * * *
Movement: LT - LTR - RT LT - LTR - RT LT - LTR - RT LT - LTR - RT
Shared Cap.: xxxx xxxx xxxxx xxxx 657 xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx
SharedQueue:xxxxx xxxx xxxxx xxxxx 0.3 xxxxx 0.0 xxxx xxxxx xxxxx xxxx xxxxx
Shrd ConDel:xxxxx xxxx xxxxx xxxxx 11.0 xxxxx 7.6 xxxx xxxxx xxxxx xxxx xxxxx
Shared LOS: * * * * B * A * * * * *
ApproachDel: xxxxxx 11.0 xxxxxx xxxxxx
ApproachLOS: * B * *
Note: Queue reported is the number of cars per lane.
Peak Hour Delay Signal Warrant Report
********************************************************************************
Intersection #3 Byrne Avenue/McClellan Road
********************************************************************************
Future Volume Alternative: Peak Hour Warrant NOT Met
83
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------------|---------------||---------------||---------------||---------------|
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
------------|---------------||---------------||---------------||---------------|
Control: Stop Sign Stop Sign Uncontrolled Uncontrolled
Lanes: 0 0 0 0 0 0 0 1! 0 0 0 1 0 0 0 0 0 0 1 0
Initial Vol: 0 0 0 40 0 19 2 234 0 0 177 18
ApproachDel: xxxxxx 11.0 xxxxxx xxxxxx
------------|---------------||---------------||---------------||---------------|
Approach[southbound][lanes=1][control=Stop Sign]
Signal Warrant Rule #1: [vehicle-hours=0.2]
FAIL - Vehicle-hours less than 4 for one lane approach.
Signal Warrant Rule #2: [approach volume=59]
FAIL - Approach volume less than 100 for one lane approach.
Signal Warrant Rule #3: [approach count=3][total volume=490]
FAIL - Total volume less than 650 for intersection
with less than four approaches.
--------------------------------------------------------------------------------
SIGNAL WARRANT DISCLAIMER
This peak hour signal warrant analysis should be considered solely as an
"indicator" of the likelihood of an unsignalized intersection warranting
a traffic signal in the future. Intersections that exceed this warrant
are probably more likely to meet one or more of the other volume based
signal warrant (such as the 4-hour or 8-hour warrants).
The peak hour warrant analysis in this report is not intended to replace
a rigorous and complete traffic signal warrant analysis by the responsible
jurisdiction. Consideration of the other signal warrants, which is beyond
the scope of this software, may yield different results.
Peak Hour Volume Signal Warrant Report [Urban]
********************************************************************************
Intersection #3 Byrne Avenue/McClellan Road
********************************************************************************
Future Volume Alternative: Peak Hour Warrant NOT Met
------------|---------------||---------------||---------------||---------------|
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
------------|---------------||---------------||---------------||---------------|
Control: Stop Sign Stop Sign Uncontrolled Uncontrolled
Lanes: 0 0 0 0 0 0 0 1! 0 0 0 1 0 0 0 0 0 0 1 0
Initial Vol: 0 0 0 40 0 19 2 234 0 0 177 18
------------|---------------||---------------||---------------||---------------|
Major Street Volume: 431
Minor Approach Volume: 59
Minor Approach Volume Threshold: 444
--------------------------------------------------------------------------------
SIGNAL WARRANT DISCLAIMER
This peak hour signal warrant analysis should be considered solely as an
"indicator" of the likelihood of an unsignalized intersection warranting
a traffic signal in the future. Intersections that exceed this warrant
are probably more likely to meet one or more of the other volume based
signal warrant (such as the 4-hour or 8-hour warrants).
The peak hour warrant analysis in this report is not intended to replace
a rigorous and complete traffic signal warrant analysis by the responsible
jurisdiction. Consideration of the other signal warrants, which is beyond
the scope of this software, may yield different results.
84
Review
ofthe
BlackberryFarmGolfCourse
in
Cupertino,California
PreparedFor:
CityofCupertino
ParksandRecreation
10185NStellingRd
Cupertino,CA95014
PreparedBy:
1150SouthU.S.HighwayOne,Suite401
Jupiter,FL33477
(561)744-6006
December2014
85
Review
ofthe
BlackberryFarmGolfCourse
in
Cupertino,California
December2014
86
TableofContents
EXECUTIVESUMMARY...........................................................................................................1
PurposeAndIntroduction....................................................................................................1
SummaryStatement...........................................................................................................1
StevensCreekCorridorMasterPlan–GolfOptions&Recommendation...........................3
OptionA.........................................................................................................................................3
OptionB.........................................................................................................................................4
Considerations...............................................................................................................................6
Recommendation..........................................................................................................................7
OperationalRecommendations...........................................................................................8
General..........................................................................................................................................8
Marketing.....................................................................................................................................10
Programming...............................................................................................................................12
FinancialAnalysis..............................................................................................................13
Results–StatusQuo“AsIs”Operation......................................................................................13
Results–Option‘A’.....................................................................................................................14
Results–Option‘B’.....................................................................................................................14
GOLFMARKETOVERVIEW....................................................................................................15
NationalTrends..................................................................................................................15
MarketFactorsThatMayAffectGolfDemand....................................................................17
DemographicsSummary.............................................................................................................17
LocalEconomy............................................................................................................................18
GolfMarketSupplyandDemandIndicators...............................................................................19
GolfSupplyFactors.....................................................................................................................20
BlackberryFarmGCGolfMarket.......................................................................................20
ComparableFacilitiesMap..........................................................................................................21
SignificantFindings.....................................................................................................................24
BLACKBERRYFARMGOLFCOURSEREVIEW....................................................................26
Facilities.............................................................................................................................27
History..........................................................................................................................................28
BluePheasantRestaurant(Clubhouse)......................................................................................28
PracticeFacilities.........................................................................................................................29
MaintenanceFacility....................................................................................................................29
On-CourseFacilities....................................................................................................................29
GolfCourseConditions...............................................................................................................29
Safety...........................................................................................................................................31
WaterUse....................................................................................................................................31
Maintenance................................................................................................................................32
SummaryofBlackberryFarmGolfCourseDeficiencies.............................................................32
Operations.........................................................................................................................32
On-SiteManagement..................................................................................................................32
87
ContractsinPlace.......................................................................................................................33
RecentOperatingResults...........................................................................................................35
GreenFees..................................................................................................................................38
Marketing&Programming...........................................................................................................39
StructureConsiderations.............................................................................................................39
STEVENSCREEKCORRIDORMASTERPLAN–GOLFCOURSEOPTIONS......................42
OptionA.............................................................................................................................42
OptionB.............................................................................................................................43
Considerations&Recommendation...................................................................................46
RevenueEnhancements.............................................................................................................46
CostEfficiencies..........................................................................................................................46
BalanceofLandUse...................................................................................................................46
EnvironmentalOrientation...........................................................................................................46
Buildings&PublicUses...............................................................................................................46
WaterSourceConversion(Assumptions)...................................................................................47
Recommendation........................................................................................................................48
FINANCIALPROJECTIONSFORBLACKBERRYFARMGOLFCOURSE............................50
StatusQuoOperation........................................................................................................50
Assumptions–RoundsandRevenues.......................................................................................50
Assumptions–Expenses............................................................................................................51
CashFlowStatement..................................................................................................................52
Results.........................................................................................................................................53
Option‘A’...........................................................................................................................53
Assumptions................................................................................................................................53
Results.........................................................................................................................................53
Option‘B’...........................................................................................................................54
Assumptions................................................................................................................................54
Results.........................................................................................................................................54
APPENDICES...........................................................................................................................55
AppendixA–BFGCRoundsPlayedRecentHistory..........................................................56
AppendixB-ScheduleofGolfCourseFees......................................................................58
AppendixC–ProbableCostEstimates&ConceptualPlans..............................................60
AppendixD–ProFormaOption‘A’...................................................................................66
AppendixE–ProFormaOption‘B’....................................................................................67
AppendixF–FootGolf.......................................................................................................68
88
NationalGolfFoundationConsulting,Inc.–ReviewofBlackberryFarmGolfCourse,Cupertino,CA–1
ExecutiveSummary
PURPOSEANDINTRODUCTION
NationalGolfFoundationConsulting,Inc.(“NGFConsulting”or“NGF”)wasretainedbytheCity
ofCupertino(“City”)topresentpotentiallyviableoptionsregardingtheCity’sDonBrownGolf
Courseasset(commonlyknown,andreferredtointhisreport,asBlackberryFarmGolf
Course).AsecondarygoaloftheengagementisforNGFtoevaluatethegolfcourseoperations
withthegoalofimprovingitsactivitylevelsandoverallfinancialperformance.Thisconsulting
engagementisbeingdoneaspartoftheoverallduediligencerelatedtotheStevensCreek
CorridorMasterPlan.(TheCityofCupertinohasacquiredlandintheStevensCreekCorridor
afterdecadesofeffort).
NGFConsulting’sreviewincludedmeetingswithkeyCityandgolfcoursestaff,facility
inspections,reviewofdata,marketresearch,andutilizationoftheNGFconsultants’experience
andknowledgeofgolfindustrybestpractices.Theultimategoalofthisprojectistocreatea
planforBlackberryFarmGolfCoursethatwillputthefacilityonapathtowardlong-term
economicstabilityandsustainability.TheconsultingengagementwasmanagedbyEd
Getherall,NGF’sSeniorDirectorofOperations,inconjunctionwithForrestRichardson,ASGCA,
ownerandpresidentofForrestRichardson&Associates.
ThisNGFreportdetailsourreviewoftheBlackberryFarmGolfCourse,including:
Thephysicalconditionofthegolfcourseandkeyinfrastructure
OptionsforimprovingthegolfcoursewithintheoverallStevensCreekRestoration
Plan
Analysisofoveralloperationsandrecentfinancialperformance
ThemarketenvironmentinwhichBFGCoperates
Potentialalternativeoperatingstructures
ProjectedfinancialperformanceoftheBlackberryFarmGCunderseveralscenarios
Summaryfindingsandrecommendations
WeexpecttheresultsofthisNGFstudytobeusedbytheCityasaguideforthefutureofthe
golfcourse,andtohelpconveytointerestedparties(e.g.,residentsofCupertino,CityCouncil,
etc.)thattheCitywilloperatethegolffacilityinanefficientmanner,andidentifyhowmuchCity
economicsupportmayberequiredgoingforward.
SUMMARYSTATEMENT
BlackberryFarmGolfCourseisavaluablecommunityassetfortheCityofCupertinothathas
thepotentialtoappealtoawidevarietyofgolfers.However,thegolffacilityinitspresent
conditionisnot“setupforsuccess”and,NGFbelieves,doesnotaccuratelyreflectthecaliberof
acitythathasastellarreputationnationallyforitsstrongeconomyandhighqualityoflife.
Thepoorconditionofthegolfcourse,resultingfromanaginginfrastructureandadeferralof
capitalimprovementsovertheyears,hasmagnifiedtheeffectsoffactorssuchadeclininggolf
marketandanagingclientele,resultinginsignificantfinancialdistressfortheGolfFund.Total
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roundsplayedatBFGChaveplummetedoverthelastsixfiscalyears,decliningbyabout50%
from49,194inFY09to24,594inFY14.Aswouldbeexpected,totalgreenfeerevenues,
whichcomprisethevastmajorityoftotalfacilityrevenues,havealsofallensharplyoverthattime
frame,frommorethan$623,000tounder$291,000,adeclineof53.4%.(Thesefiguresdonot
includeconcessionpayments,whichtotaledabout$4,800inFY14).
BasedonourreviewoftheBFGCoperationandthelocal/regionalgolfmarket,webelievethat
managementisactiveintryingtoincreaseactivitybutisburdenedbytheconstraintspresented
bythedeterioratinggolfcourse,andtherelativelylimitedconstituencyofalternativelengthgolf
courses.BlackberryFarmGolfCourseinitscurrentstatesuffersfromanaginginfrastructure
andmanyotherdeficienciesthatconstrainitsabilitytooperateefficientlyandgainsufficient
roundsactivitytomakeitfinanciallyself-sustaining.Keydeficienciesinclude:
Lackofteeflexibility(havingmoreyardagesfromwhichplayerscanopttoplayfrom)
Poorturfconditions
Greens(toosmallandlackquality)
Treemanagement(treehealthandover-shadingofturfareas)
Irrigationsystem(agingandinefficient)
Watersourceandcost(frompotabletowellwater)
Tightholecorridors(especiallyatNos.1and9)
Lackofpracticeandnewplayerdevelopmentamenities
Agingclubhouse(separated,non-integratedusesofgolfandrestaurant)
LackofADAcompliance(pathsandaccess)
ThisreportprovidesaroadmapthatNGFbelieveswillgreatlyimproveBFGC’spotentialto
increasemarketabilityandstrengthenitsfinancialposition.However,itisquitepossiblethat
marketfactorswillprecludethegolfcoursefrombreakingevenfinancially,evenafter
recommendedfacilityandoperationalimprovementsareimplemented.Ifthatisthecase,we
recommendtheCityconsiderthepublicpolicyimplicationsoffoldingthegolfcourseintothe
GeneralFundandtreatingitlikethecommunityamenitythatitis–anactionthatweareseeing
increasinglyinthemunicipalgolfworld.
Thisexecutivesummaryispresentedtoprovidean“at-a-glance”summarizationofthefull
review,detailingthemainfindingsandNGFrecommendationsfortheCitytoimproveits
municipalgolfassetandoperation.Additionaldetailcanbefoundinthefullbodyofourreport
anditsappendices.
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STEVENSCREEKCORRIDORMASTERPLAN–GOLFOPTIONS&
RECOMMENDATION
NGFConsultingandForrestRichardson,ASGCAweretaskedwithstudyingthepotentialto
improvethegolffacilityinoneoftwoapproaches;(a)torenovatethefacilityinitscurrent
footprint,and(b)reconfigurethefacilityintoasmallerfootprint.Thealternativetocease
operatingthegolffacilitywasnotapartofourscope,butfallstoworkMIGisconductingon
behalfoftheCity.
Insummary,therearethreealternativeswithregardtothegolfcourse:
(a)Renovateusingthecurrentfootprint
(b)Reconfigureontoasmallerfootprint
(c)Convertthegolfcoursetoanalternativeuse
Accordingly,wehavetitledourproposedalternativeplans“ConceptualPlanA”and“Conceptual
PlanB”.Theseplansaresummarizedbelow(illustrationsandpreliminarycostestimatesarein
AppendixC)andformthebasisofproformaanalysesandnarratives.
OptionA
ConceptualPlanSummary
The‘OptionA’ConceptualPlancreatesslightadjustmentstotheroutingoftheexistinggolf
course.ThesechangesoccuratHoleNos.1and9whereseparationiscurrentlyverytightand
conflictsoccurbetweenplayontheholes.Additionally,HoleNo.9(existing)isverycloseto
practiceareasandtheexistingparkinglot.Theadjustmentsovercometheseissuesandrender
abetterrelationshipbetweenholesandtheclubhouse/parkingareas.
Allothergolfholesarefullyrebuiltandrenovatedwithexpandedgreens,rebuiltsandbunkers
andnewdrainagethroughout.TheseimprovementsarenotdepictedontheConceptualPlan
“A”exhibit,butareaccountedforwithinthecorrespondingprobablecostestimate.
Under‘OptionA’,theexistingclubhouse/proshopandparkingareretainedintheircurrent
location.NGFConsultingrecommendssignificantrenovationorreplacementoftheagingpro
shopandrestaurantstructure.Itisourunderstandingthatportionsoftheexistingbuildingare
locatedwithinknownfloodplainsandthattherearesignificantdeferredmaintenanceissues
throughoutthefacility.
Theexistingmaintenancefacilityisretainedinitspresentlocationunder‘OptionA’.Aproposed
irrigationwaterstoragetankislocatednearthisareaandisdepictedwithaconceptual
elevation.
Under‘OptionA’portionsofthecurrentturffootprintwouldbeconvertedtonativegrass.
Biofiltrationbasins(lowlands)wouldbeprovidedinamannerthattakesadvantageofthearea
ofabandonedpondsthatarelocatedtothewesternedgeofthegolfcourse.Thesewouldbere-
plantedwithappropriatenativegrasses.
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HallmarksofOptionAinclude:
Fullyrebuiltgolfcourse
PolesandnettingareretainedexceptthatalongHoleNo.9,whichcouldpotentially
beremoved
ShortergolfholesatHoleNos.1and9permitpracticeareaadditionsandoffer
betterseparation
Newirrigationsystemwithelevated“farm”storagetank
Biofiltrationbasins(lowlandnativeareas)tocapturerunoff
Shortgameandplayerdevelopmentareafornewgolfersandtraining
Eight(8)hittingbaysforinstruction,fittingandpractice
1,430-yard,par-29course(slightlyshorterthanexisting)
PlanOptionArepresentsarenovatedBlackberryFarmGolfCoursewithfullyre-builtfeatures
andnewturf,drainageandirrigation.Theoptiondoes not freeupspaceforparkimprovements
oranewparkentrydrive.Essentially,thegolfcourseretainsiscurrentfootprintwiththepro
shop,restaurantandmaintenanceusesremainingintheircurrentlocations.
AprobablecostestimatewaspreparedforOptionA.Thisestimateisjustover$2millionforgolf
courseconstructionandanewirrigationsystem(includingthewaterstoragetank).Additional
estimatesareshownforcontingencyandsoftcosts.Theprobablecostestimatedoes not
includerazingorrenovationoftheexistinggolfbuilding.Thesecosts,whicharenotdetermined,
requirefurtherstudyincontexttooverallprojectplanningandapproaches.
OptionB
ConceptualPlanSummary
TheOption‘B’ConceptualPlantransformstheexistinggolfcourseintoashorterpar-3layout.
Tightholewidthsareeliminatedandthefullyrebuiltgolfcourseisreconfiguredwithmodern
safetyset-backsandappropriateseparationbetweenadjoininggolfholes.
Theexistingclubhouse/proshopandmuchofcurrentHoleNos.1and9areremovedfromthe
golffootprint.Anewproshopandgrillisshownontheconceptualplanintheareaofthe
existingRetreatCenterBuilding.Themaintenancefacilityisproposedtoberelocatedwestofits
presentlocation,neartoother“backofhouse”andparkmaintenanceareas.
Option‘B’allowsforanewparkandgolfentrydriveextendingfromStevensCreekRoadtothe
south,eliminatingparktrafficfromtheresidentialareastothesouth.Thealignmentforthenew
entrystayseastoftheexistingtreedriplineborderingStevensCreek.Theentrydrivemaybe
accommodatedwithnominaldisruptionofexistingparking,ormaycallforfullyreconfigured
parking.Thisdetailistobedeterminedpendingfurtherstudyforthepark,poolandpublicuses
westofthegolfcoursearea.TheplanwasdevelopedinconcertwithMIGaspartoftheoverall
masterplanningandparkstudy.
Abenefitofthereducedfootprintofthegolfcourse(approximately15acresreducedto12
acres)isthatadditionalareasaremadeavailableforfutureparkuses.Theseusesmayinclude
parkingatthenortharea,immediatelysouthofStevensCreekBoulevard.
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HallmarksofOptionBinclude:
Fullyrebuiltgolfcourse
Allgolfcoursepolesandnettingareeliminated(trailsidefencingremains)
Shortergolfholeswithlesserrantballstooutsideareas
Newirrigationsystemwithelevated“farm”storagetank
Biofiltrationbasins(lowlandnativeareas)tocapturerunoff
Shortgameandplayerdevelopmentareafornewgolfersandtraining
Eight(8)hittingbaysforinstruction,fittingandpractice
1,035-yard,par-27course
Returning“loops”allowingplayof3-,6-and9-holerounds
Elevatedteesatfourholes
Relocatedproshopandgrillprovideslongviewsacrossparkandgolfareas
NewparkandgolfentryroadfromStevensCreekBoulevard
Theaccompanyingplan(AppendixC)depictsdetailtoindicateuses,golfareasandthenew
entrydrive.Abriefdescriptionofgolfholesisprovidedinthebodyofthereport.
TheoverridinggoalindevelopingthereconfiguredBlackberryFarmGolfCoursewasto
establishafunandenjoyablegolfexperience.Purposefully,bothtoreducethegolffootprint
(conservingwateruse)andtoreduceroundtimes,thepar-3holelengthsareshort,yetvariable.
Playerswillbeabletohitshotsrangingfrom175-yardstounder100-yards.
Inadditionto9-holerounds,playmaybeofferedat3-holeand6-hole“loops”byusingvarious
combinationsofholes.Forexample,theNo.6holereturnstotheproshopareaandmaybe
playedasa6-holeloop.Othercombinationsare:1,2,9…7,8,3,4,5,6…and7,8,9.
AprobablecostestimatewaspreparedforOption‘B’.Thisestimateisjustunder$2millionfor
golfcourseconstructionandirrigation(includingthewaterstoragetank).Additionalestimates
areshownforcontingencyandsoftcosts.Theprobablecostestimatedoes not includerazing
theexistinggolfbuilding,norreconstructionofthegolfproshopandgrill.Thesecosts,which
arenotdetermined,requirefurtherstudyincontexttotheoverallparkusesandpotentialthat
thisbuildingmayserveasageneralCommunityBuildingwithonlyancillaryusesbythegolf
facility.
Theprobablecostestimate does accountforrelocationoftheexistinggolfmaintenance
building.Theconceptualplanshowsthisstructurerelocatedtoamore“back-of-house”areaof
thepark.NGFConsultingrecommendsthatconsiderationbemadetopotentiallyintegrateother
parkmaintenancetothisrelocatedfacility,thusreducingoffsitetravelbyparkmaintenance
equipmentandpersonnelwhonowstoreandgobackandforthtoremotemaintenance
facilities.
ConstructiondurationforbothOptions‘A’and‘B’isestimatedtoextendonefullyear,ideally
fromMarchtoMarchofthefollowingcalendaryear.Constructiontimemaybeacceleratedby
addingcosttotheprojectandfullysoddingturf(in-play)areas.NGFConsultingrecommends
furtherstudytodeterminethebenefitsofanacceleratedscheduleandwhethermorecostwould
resultinlessrevenuelossduringdowntime.Somegrow-incostshavebeenassumedinthe
probablecostestimate,butitislikelythatadditionalcostsmayberequired.Thisbecomesa
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matterofhowmuchgrow-inresponsibilityisassignedtothegolfcontractorvs.theCity’sgolf
maintenancecontractor.
Considerations
Whenweighingtherelativemeritsofthetwoconceptualplans,NGFtookaccountofsomeof
thefollowingkeyconsiderations.
RevenueEnhancements
AreaswhereNGFseesapotentialtoenhancerevenueinclude:
NewPracticeAreas(toattractmoreuseandintroducenewplayerstogolf)
ProvideTopQuality(greenssurfaces,turfconditions,etc.)
Integratefoodandbeveragetogolfuses,andopenthesetopark-goers
IntegrateFootGolfoverlaystobringnon-golferstothefacility
CostEfficiencies
AreaswhereNGFseesapotentialtoreduceorreprioritizecostsassociatedwiththegolf
facilitiesinclude:
ReduceManagedTurfFootprint(tosaveonwatercostandfocusmaintenance
effort)
WaterSourceConversion(tolowerwatercost)
ReplaceAgingInfrastructure(toreduceannualcapitalcostsonemergencyrepairs)
BalanceofLandUse
InstudyinganddevelopingalternativesfortheCity,wehaveweighedthevalueofoperatinga
1,400-yard,par-29golfcoursevs.ashorter,allpar-3course.Whiletheremaytypicallybea
differenceinattractionandusebetweenan“ExecutiveCourse”anda“Par-3”course,the
existingcourseissoclosetobeingapar-3layout(andmaywellhavebeenwhenRobertMuir
Gravesoriginallydesignedit)thatweseenomajordistinctioninattraction(orrevenue)between
thesetwotypesoflayouts.Infact,anargumentforanall-par-3coursecouldbemadethatitis
(1)moresuitableeventothecurrentlysmallacreage,(2)wouldbemoreopenandless
congested,and(3)couldprovetobemorefunforawiderdiversityofgolfingabilities.
However,inordertocomparethisapproach,wealsostudyandforecastfor“ConceptualPlan
A”.Inthisoptionthecurrentfootprintispreserved,asarethelocationsforclubhouse,parking
andmaintenance.
EnvironmentalOrientation
Bothoptionsprovidedorientthegolftoamorenaturalizedlandscape.Byconvertingtheold
pondareastobiofiltrationbasins,andbyreducingturfthroughoutthecourselayout,lesswater
isrequiredandmaintenancecanbeaimedatgreens,teesandplayableareasofturf.The
additionalbenefitisamorepleasingaesthetic,andonethatcorrespondsbettertothenatural
areasoftheStevensCreekvalley.
Buildings&PublicUses
Considerablethoughtwasgiventoreuseandconversionofexistingbuildingsandspaces.As
evidentinbothplanoptions,certainusesareeitherpreservedinplaceorrelocated.Theseare
describedinthesummariesforeachconceptualplan.
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ExistingClubhouseandRestaurant:NGFConsultingdoesnotrecommendcontinueduseofthis
structureinitspresentconditionandformat.In“ConceptualPlanA”,whileweshowthearea
remaining,itisouropinionthatthebuildingmustbeentirelyrenovatedorrebuilt.Ideally,a
replacement(orrenovation)wouldconverttheusestoamoreintegratedprogrammingwhere
golferscantakeadvantageoffoodandbeverage,parkgoerscanfeelcomfortableinthespace,
andtheneighborhoodwillalsowanttobeapartoftheoffering.Under“ConceptualPlanB”we
showthisareaasfutureusefortheparkasexpandedparking.
ExistingRetreatHouse:NGF,workingwithMIG,recommendsunder“ConceptualPlanB”that
thissiteberepurposedtohouseasharedpublicgrillandclubhousewithmeetingspace.While
nospecificplanispresented,aconceptualbuildingfootprintandsiteareaisshownon
“ConceptualPlanB”.Wenotethatviewsandorientationofthissitearefarbetterthanthe
presentclubhouse.Demolitionofthishouse,andreuseofthesite,requiresfurtherstudyand
analysisbytheCity.
ExistingMaintenanceFacility:NGFrecommendsthatthisbuildingberelocatedunder
“ConceptualPlanB”.Inascertainingthefeasibilityforthiswecontactedtheoriginalbuilderwho
providedbasebudgetsfornewsitework,relocationandfinishing(interiorandutilities.)An
analysisinmoredetailshouldbemadetodeterminewhetherotherparkmaintenance
operationsmaybeabletobeintegratedandsharedwithgolfmaintenance.Thismayprove
efficientfortheCityandcouldsavecost.
ParkAccess:Parkaccessviaanewentrydrivefromthenorthappearstobeamajor
improvementthatcouldprovebeneficialtotheCity,itsparkusersandneighbors.Obviouslythis
isaffordedonlyin“ConceptualPlanB”asthereisnoroomtoadequatelymanageaccesswhile
keepingtheexistinggolffootprint.
Parking:Parkingunder“ConceptualPlanA”isretainedinitscurrentlocationforgolfusesand
whateverrestaurant/clubhouseconceptmaybedevelopedtoreplacewhatexistsnow.Under
“ConceptualPlanB”weenvisiontransferringparkingfromexistingareastothesouthtothe
areanowoccupiedbygolfandrestaurantparking.Newparkingintheareaoftheexisting
parkingfortheBlackberryFarmpoolandpicnicareawouldalsobeaddedtothedegree
necessary.Furtherstudyonthetransferandrequiredparkingneedsisrecommended.
WaterSourceConversion(Assumptions)
{Seebodyofreport}
Recommendation
OurworkinvolvedtimewithMIGtounderstandgoalsandobjectivesthathavecometothe
surfaceastheCityandpublicaddresseslongtermusesandimprovementtotheentireStevens
CreekCorridorarea.TheoutcomeofmeetingsandplanningsessionswithMIGyieldedseveral
areasoffocusforourgolfcourseplanningwork.Specifically,werecommendtheCityseek:
(i)SolutionstoprovideaccesstotheBlackberryFarmpicnicandpoolareas(potentiallyfrom
thenorth,throughthegolfcourse)thatmayaugmentorreplacethecurrentaccessthrough
residentialneighborhoodstothesouthandeast.
(ii)Waystoremovethetallpolesandnettingthatdisruptviewsandtheaestheticofpark
areas.
(iii)WaystointegratethegolflandscapewiththatofStevenCreekandtheBlackberryFarm
parkareasetting.
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(iv)Opportunitiestohavegolfandparkamenitiessharedbetweenuses(suchasclubhouse,
restaurant,etc.)
(v)Preservationoftreedriplines,trailsandparkaccess.
(vi)Freeingupanyavailableacreagefornon-golfusesthatcouldservethepark.
Wehaveaddressedeachofthesepointsinproposed“ConceptualPlanB”,whereeachgoal
hasbeenaccommodatedthroughreconfigurationofthegolfasset.“ConceptualPlanA”,which
leavesthegolffootprintinitscurrentarea,addressesonlyafewpointsasthereisnoflexibility
tofreeupspaceorallowfornewpointsofaccess.TheCityhasonlysomuchlandinthisrich
openspacearea.NGFisverycomfortablerecommending“ConceptualPlanB”,whichdelivers
areducedfootprintbyconvertingthecoursetoapar-3layoutandforegoingthetworelatively
shortpar4holesofthecurrentlayout.
Amongitemsthatrequirefurtherstudybeforeadefinitivecourseofactionischosen:
RetreatHouse:Demolitionofthishouse,andreuseofthesite,requiresfurtherstudy
andanalysisbytheCity.
MaintenanceFacility:Amoredetailedanalysisshouldbemadetodetermine
whetherotherparkmaintenanceoperationsmaybeabletobeintegratedandshared
withgolfmaintenance.
ParkAccess:PotentialimpactsoftheproposednewentrydrivefromStevensCreek
Boulevard.
Parking:Furtherstudyonthetransferandrequiredparkingneeds.
OPERATIONALRECOMMENDATIONS
Inadditiontomakingrecommendationsforthe“bigpicture”issueofhowtheBlackberryFarm
GolfCoursefitswithintheoverallStevensCreekRestorationMasterPlan,NGFConsulting
offersthefollowingoperationalrecommendationsthatmayimproveoperationsandrevenues.
Theserecommendationsarebasedontheleadconsultant’sexperienceandexpertise,and
stemfromarelativelylimitedreviewoftheoperationandfacilities.Recommendationsare
segregatedintothreecategories:(1)General;(2)Marketing;(3)Programming.Wenotethat
manyoftheserecommendations–especiallythoserelatedtothemarketingofthefacility
–maybeapplicableonlyaftertheproductissignificantlyimprovedunderoneofthe
recommendedrenovationoptions.
General
OperatingStructure
{Inthebodyofthereport,NGFprovidesadiscussionofvariousoperatingstructurespopular
withmunicipalgolfsystems}.
DespitetherapidlydeterioratingfinancialpictureatBFGC,webelievethatthecurrentstructure
withon-siteCitymanagementandprivatizedconcessionsisappropriate,atleastuntilany
decisionsregardingthegolfcourseitselfaremade.Thecurrentmanagerhasmanyyearsof
knowledgeofthepropertyandappearstobeheavilyinvestedinitssuccess.Basedonour
reviewofthegolfmarket,theconstraintspresentedbythedeterioratinggolfcourse,andthe
relativelylimitedconstituencyofalternativelength(i.e.,par3orexecutive)golfcourses,we
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concludethatthedownturninroundsandrevenuesisduetomarketfactorsandaproductin
seriousneedofupgrade.WebelievetheCityshouldwaittoseehowthefacilityperformsafter
improvementsthatshouldgivenewmarketinginitiativestraction.
Onthemaintenanceside,thecurrentcontractorseemstobemakingthemostofalessthan
idealsituationwithrespecttocourseconditionsandinfrastructure,andthecurrentcontractcost
seemshighlyreasonable.WedorecommendthattheCity,oncethecurrentcontractexpireson
July1,2015,makeitapolicytohave5-yearcontractterms(withrenewaloptions)foreitherthe
currentvendororanypotentialnewcontractor.
BFGC,initscurrentconditionandwithrevenuesbarelyabove$300,000,isnotlikelytoattract
largenationalmanagementvendors.Additionally,underanymanagementcompanystructure,
webelieveitisquestionable,giventhemarketandphysicalconstraintsoftheproperty,that
revenueincreaseswouldbesufficienttocoverwhatislikelytobeahigherexpensestructure,
includingmanagementfee.
Similarly,privatizingtheentireoperationbyfindingawillingandablelesseeishighlyunlikely
duetothesameconstraints.Evenifaninterestedvendorwerefound,wedonotrecommend
theCityspend$2.4millionormoreimprovingthefacilityandthenputtingtheassetatriskby
handingitovertoaprivatecontractorthatmayfinditdifficulttomakealeasepaymenttothe
Cityandsqueezeaprofitoutoftheoperation.
CostAllocation
ThoughitisdifficulttosayiftheCity’snew“CostAllocation”lineitemintheGolfFundbudgetis
chargedatanappropriateamount,at$71,000+itrepresentedasignificant11%ofthegolf
operationbudget(excludingnon-recurringchargeforfacilityimprovements)forFY15,andmore
than23%ofactualFY14totalfacilityrevenues.Essentially,theamountofthechargeforany
municipalityboilsdowntoapublicpolicydecisionbasedontwokeyfactors:1)Istheamountof
thechargejustifiedbasedontheactualcostforotherdepartmentstoprovidetheseservices?2)
Doeschargingthisamountresultinareducedoperatingbudget(thusperhapsweakeningthe
facility’sabilitytocompeteeffectively)and/orprecludetheGolfFundfromfinancingnecessary
capitalimprovements,thedeferralofwhichwilleventuallyleadtoaseriousdeteriorationofthe
product?Eachmunicipalitymustanswerthesequestionsaccordingtotheirownpoliciesand
objectives,aswellasthehealthoftheirGeneralFund.
OperationsManual
CityandgolfcoursestaffshouldcontinuetorefinethecurrentBFGCoperationsmanualtothe
pointthatitevolvesintoaformal,writtenbusinessplan,withspecificgoals(andactivitiesto
achievethegoals)laidoutindetaileachyearThepresenceofthistypeofwrittenbusinessplan
isnotcommonatmunicipalgolfcoursesandistypicallyassociatedwithcorporatemanagement
companiesandisakeyindicatorofsuccess.TheNGFviewsthisasapositivefortheoperation
andastrongindicatorofpotentialsuccess.
FeeStructure
Thepresenceofaplethoraofdiscountarrangements(on-siteandthrough3rdpartyvendors)
maketheoverallcomparisonofgreenfeesinthismarketdifficult,asthemajorityofteetimes
aresoldatlessthan“rackrate.”However,NGFbelievesthat‘rack’greenfeesatBFGCare
generallyappropriateinthecontextofthefeesforthemarketcomparable9Hexecutives,with
regular9HweekdayandweekendratesslightlyhigherthanRanchodelPueblo,similarto
SunkenGardens,andslightlylowerthanValleyGardens.ShouldtheCitygowiththeoptionto
reimagineBFGCasapar3course,webelievethatgreenfeescanremainsimilar(assuming
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similarmarketconditions)towhattheyarenowduetotheoverallincreasedqualityand
attractivenessofthegolfcourse.
Thoughthereareavarietyofmulti-playandannualplayprogramsavailableatBFGC,NGF
recommendsthatmanagementconsideraloyalty/frequentplayerprogram.Thesehavebecome
ubiquitousacrossthecountryandareaneasywaytoincreasefrequencyofplayamongsome
customers.Therearemanyvarietiesoftheseprograms,butallinvolvealow-feeorno-fee
membershipthatentitlestheholdertofeediscountsorallowthemtoaccumulatepointsthatcan
laterbeappliedtowardpurchases.
Food&Beverage
BFGChasthepotentialforanexpandedgolf-centricfood&beverageoperationiftheCity
shoulddecidetogowithrenovationOption‘B’,orrenovates/replacesthecurrentbuildingas
recommendedinOption‘A’.Themostsuccessfulfoodandbeverageoperationsatpublicgolf
coursesarethosethatoffersimple,quick,andinexpensiveservicethatisconvenienttothe
roundofgolf,andisinalignmentwiththegolfoperation.(Thegolferisthelifebloodofthefacility
anddoesn’tviewtheoperationsasbeingseparate;rather,itisallonelevelofservicetothem
andultimatelyreflectsontheCity).Anewclubhousewouldlikelyinvolveathirdconcessionat
thefacilityandwouldenhancemanagement’sabilitytooffercombinationdeals(e.g.,roundof
golfpackagedwithfoodand/orbeverage).
Technology–PointofSale(POS)andReservationSystem
Itisveryimportantintoday’shyper-competitivegolfmarketsthatpublicgolfcoursesremainat
theforefrontofmoderntechnologyincourseoperations.Theefficiencyofsoftwareforteetime
reservations,operations/accountingreporting,retailpoint-of-purchasereporting,andoverall
managementinformationsystemscanhelpimproveoverallperformance.(BGGCcurrentlylacks
aPOSsystem,anditsteetimereservationsystemisacloud-basedserviceofferedbythird-
partyteetimeproviderGolfNow).
Withstaffproperlytrainedinallaspectsofsoftware,agoodPOSsystemhasthepotentialto
helpBFCGmanagement:
Createcustomerdatabasesforemailprograms
Createandmanageamoderncustomerloyaltyprogram
IntegratetheTee-TimeReservationSystemwithPOS
Issueidentificationcardsand/orcapturegolfers’emailaddresses
Developareportingsystemandmonitorkeymanagementbenchmarks
Createaweb-basedmarketingpresencewith24-hourtee-timereservations
Sellpre-paidgiftcardsandreservationcardsforpremiumaccessonline
Increaseoperationalefficiencyandimproveinternalcontrol
Enhancecustomerservice
Emailcommunicationofpromotions,tournaments,andupdates
Marketing
IncreasedEmphasisonMarketingafterRenovation
MostoftherecommendationsinthissectionwillbemoreapplicableiftheCitygoesaheadwith
arenovation,oratleastmajorimprovements,forBFGC.Inthatcase,wewouldalso
recommenda‘GrandReopening’eventforthefacility.Inconjunctionwiththeevent,theCity,at
leastforthefirstyearafterreopening,shouldenhanceitsmarketingbudgetto$15,000orsoto
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createamarketingcampaignaimedatincreasingawarenessofthenewBlackberryFarminthe
regionalmarket.Developmentofahighqualitytri-foldonglossyheavystockpaperwouldmake
anicemarketingpiecetoselectzipcodes.
MarketingTheme
WhileitisunderstandablethatmarketingeffortsforBFGCarecurrentlycenteredonoffering
discountedrates,marketingeffortsshouldfocusonthequalityandvalueofthegolfexperience
atBlackberryFarmGCproductafterthefacilityisrenovated.ThoughGrouponandproviders
suchasGolfNowcanhelpfillteetimesthatwouldotherwisegounsold,itisimportantforgolf
coursemanagersnottopredicateallmarketingeffortsondiscountingfees,especiallywhenit’s
solelythroughthirdparties.Totheextentpossible,yieldmanagementshouldbepracticed
internally(again,moremarketingbasedoncustomerinformationcapture).
Internet
TheBFGCwebsitehttp://blackberryfarmgolfcourse.com/index.htmlispoweredby“Golf
Channel”andispartofthefacility’sagreementwithGolfNow.Itisabasic,functional(has
currentfees,linktoGolfNowteetimebookingengine,signupforemailclub,golfcourse
description,photos,etc.)websitethatwewouldexpecttoseeforanalternativelengthgolf
courseatthisfeeandrevenuelevel.TheCityalsoincludesbasicinformationaboutthegolf
courseintheRecreation&CommunityServicessection.NGFbelievesthatanimproved
websitewouldbearequisiteofarenovatedfacility.
Email
Managementhasbuiltasmalldatabaseofregularcustomeremails,andhasaccesstothe
GolfNowdatabaseofabout1,000addresses.Buildingtheproprietarydatabaseshouldbean
ongoinggoalofmanagement(andwouldbemademucheasierwithaqualityPOSsystem)so
marketingcampaignscanbefacilitated.Proshopstaffshouldaskeveryunknowncustomer
whowalksthroughthedoorwhattheiremailaddressandzipcodeis,andfirst-timecustomers
shouldbeidentifiedtotheextentpossible.
SocialMedia
Manygolfcoursesarenowactiveinusingvarioussocialmediaandother“modern”methodsto
stayintouchwithcustomers.MuchoftheBFGCexistingcustomerbaseisolder,andthusnot
activewiththingslikeFacebookandtexting.However,theyoungergenerationthatwillbean
increasedtargetmarketifthegolfcourseisrenovatedisactiveinthesesocialmediaoutlets.
Tournaments/Outings
BFGCisnotconducivetohostingalargevolumeoftournaments,noriscurrentlyappealing
enoughtoattractmanygroups.However,animprovedfacilityasrecommendedbyNGFwould
beanidealenvironmentforsmalloutingsbylocalcorporations,civicgroups,charities,etc.Not
onlyaretheseoutingsagoodrevenuesource,buttheyexposeafacilitytonewcustomers.This
typeofsalesactivityrequiresdirectsales,including“face-to-face”meetings.
HotelTie-Ins
BlackberryFarmhasreceivedinquiriesfromlocalhotelsregardingreducedgreenfeesforhotel
guests.NGFbelievesthatmanagementshouldinstituteaprogram(e.g.,throughconciergesor
frontdeskstaff)withlocalhotelsthatmayincludegolfpackages(‘stay-and-play’),reduced
rates,and/orsellingaprepaidblockofteetimes.Wealsorecommendcreatinganddistributing
arackbrochure.Allofthiswillrequiresome“face-to-face”marketing,buttheeffortwould
benefitthefacility.
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TrackingResults
Savvymarketersrealizeitisimportanttomonitortheeffectivenessoftheirmarketingcampaigns
constantlytoidentifywhichcampaigns,specialsandprogramsareactuallyworkingandmake
appropriateadjustments.BFGCstaffshouldattempttotracktheeffectivenessofallmarketing
anddirectadvertising,asitdoingwithitsGrouponpromotions.Werecommendutilizingaformal
logtotrackallincominginquiries,andusingcodestotrackallpromotionsandspecials.
Programming
PlayerDevelopment
Newplayerdevelopment-especiallyastrongJuniorProgram-willbeoneofthecritical
elementstothelong-termviabilityofBFGC,andthisshouldbeanaddedpointofemphasisif
thefacilityisimprovedwithexpandedpracticeamenities(andperhapsa3-holeloopgolf
course).Also,becauseoftoday’sdifficultclimateforgolfoperations,tappinglatentdemand
amonggroupsthattraditionallyhaveshownrelativelylowgolfparticipation–suchaswomen
andminorities–ismoreimportantthanever.
Leagues/Clubs
TheCityshouldpromotethecreationofnew,andexpansionofexisting,BFGCclubsand
leagues,especiallyifthefacilityisrenovated.Weencouragethecoursetopostupcoming
events,especiallytournaments.Wealsorecommendaddingapagetothewebsiteforleagues,
includingleagueresults.Thisisnotonlyappealingtotheleagues,butmakesthecourseappear
more“friendly”.Leagueplay,especiallyinamarketwithsuchasastrong,andyoung,presence
ofyoungprofessionals(Appleseemsanaturaltarget),canbeanessentialcomplementto
regularcustomersduringoff-peaktimessuchaslateafternoon.
YoungAdultProgram
OneofthemajorinitiativestogrowactivitythatNGFrecommendsisayoungadultprogram
(e.g.,reducedratesforgolfersage18-29onweekdayafternoons).NationalNGFresearchhas
shownthistobeakeydemographicingrowinggolfactivity.
IncreasingFemaleParticipation
Increasingparticipationamongwomenisveryimportant,notonlyforindividualgolfcoursesbut
forthefutureofgolf.Weknowthat50%ofthepopulationisfemale,soprogramminggeared
towardfemalesrepresentsamajor“industrybestpractice”thatNGFrecommendineverygolf
coursereviewofoperations.Therearemanyreasonswhyfemalegolfparticipationislow,but
themostcommonissuesrelatetogolfcoursedifficulty,retailselection,on-courseservices
(restrooms,drinkingfountains),foodandbeverageselection,andcustomerservice.
Programming,suchasleagues,andspecialevents(e.g.,“9andWine”)arealsokeytomaking
thegolfcourseamoreinvitingandsocialplaceforwomen.
RecentNGFstudiesrelatedtowomenandgolfdocumentedthatincreasedparticipationinthe
femalesegmentisakeytoimprovinggolffacilityroundsandrevenueperformance.Wefound
severalfacetsthatfemalegolfersconveyedtoourresearchersthatwerekeyintheir
considerationofwhereandhowmuchtoparticipateingolf.NGFidentifiedseveralcommon
characteristicsthatfemale-friendlygolffacilitiesexhibit,suchas:
Golfcoursesthatarenottoooverlydifficult,andhaveamostforwardteeoflessthan
4,600yardswith,withno“forcedcarries”ofover60–80yards.
Restrooms(cleanedseveraltimesaday)atleasteverysixholesonthegolfcourse;
featuresanditemsshouldincludemirror,soap,lotion,sunscreen,Band-Aids,etc.
Ballwashersontheforwardtees.
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Atleastonefemaleinstructorandagolfstaffthattakesaconsistentapproachtoall
playersregardlessofgender.
Helpwithselectingequipmentandevenwomen-onlydemodaysand/orwomen-only
customfittingdays.
Theavailabilityofwomen’sclubrentalsets.
Programsthatallowmoresocialand/orfamilyinvolvement.
FootGolf
Asnotedinthereport,arenovatedBFGCmaybeconducivetoaFootGolflayoutthatcould
enhancefacilityrevenuesandbringnewcustomerstothefacility.Managementshouldtalkto
otherlocaloperators,aswellasconsultwithrepresentativesoftheAmericanFootGolfLeague
(AFGL)todiscusstheviability,includingprosandcons,oftheactivityatBFGC.(Pleasereferto
AppendixFforamoredetaileddescriptionofFootGolf).Aswithmanyothergolfandrecreation
activities,thekeytosuccessforaninitiativelikeFootGolfwillbethroughextensive
programming,especiallycompetitiveleagues.TheBayAreahasademonstratedaffinityfor
soccer,andFootGolfcouldbeapopularnewactivityforthegolfsystem.
FINANCIALANALYSIS
NGFpreparedsummarycashflowmodelsforthecontinuedoperationofBlackberryFarmGolf
Courseunderthreescenarios:(1)“AsIs”withcurrentconfiguration,amenities,and“bandaid”
approachtoimprovements(wehavenotassumedreplacementoftheirrigationsystem;ifthe
systemisreplaced,watercostsavingswilllikelyresultandmoreroundsmayresultfrom
improvedconditions);(2)AssumingimplementationofConceptualPlan‘A’;(3)Assumptionof
implementationofConceptualPlan‘B’.Wealsoassumethecurrentoperatingstructureunder
allthreescenariosandthatkeyNGFConsultingrecommendations(marketing,etc.)are
implemented.Themodelsdonottakeintoaccountthenetfinancialeffectofthefacilitybeing
closedforayear.
Thefive-yearcashflowmodelswerepreparedinconsiderationofourreviewofcurrent
operations,recenthistoricalperformance,analysisofthegolfmarket,andlocalandregional
demographicandeconomicfactors(e.g.,expansionofAppleemployment).Themodelsare
basedonasetofassumptionsthatmayormaynotbecomereality,butNGFbelievesthatthey
representa“reasonable”estimateofperformanceforthisfacilitybasedonthefactorsdiscussed
inthisreport.AssumptionsusedinthedevelopmentofNGF’scashflowmodels,aswellasthe
modelsthemselves,arecontainedinthebodyandappendicesofthereport.
Results–StatusQuo“AsIs”Operation
TheresultsofNGFConsulting’spreliminarycashflowprojectionshowthatBlackberryFarm
GolfCourse,withcurrentmarketpositioningandoperatingstructureandonlyminorfacility
improvementsona“triage”basis,isprojectedtogenerateapproximately$358,000intotal
operatingrevenuestotheCityinFY2015,fallingtoapproximately$287,000byFY2019.
ConsideringallpreliminaryexpenseestimatespreparedbyNGFConsulting,netlossestothe
City(exclusiveofcapitalimprovementcosts)willbeabout$260,000inFY15,growingtoabout
$395,000byFY19.Thesedeficitscouldbesignificantlyhigherwithincreasesinthecostof
waterand/orcostallocation.
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Results–Option‘A’
TheresultsofNGFConsulting’spreliminarycashflowprojectionforBlackberryFarmGolf
CourseunderrenovationOption‘A’(renovatedgolfcoursewithfullyre-builtfeatures;newturf,
drainage,andirrigation;expandedpracticeamenities)showthecoursegenerating
approximately$400,000intotaloperatingrevenuestotheCityinYear1post-renovation,
increasingtoapproximately$487,000byYear5.Consideringpreliminaryexpenseestimates
preparedbyNGF,netlossestotheCity(exclusiveofcapitalimprovementcosts)willbeabout
$196,000inYear1,fallingtoabout$169,000byYear5.Thisresultreflectsandimprovementof
morethan$226,000overthestatusquo‘AsIs’scenario,astheattritioninroundsandaverage
rateisreversedduetoanimprovedproductandinfrastructure.
Results–Option‘B’
TheresultsofNGFConsulting’spreliminarycashflowprojectionforBlackberryFarmGolf
CourseunderrenovationOption‘B’(fullyrenovatedandreconfiguredPar3golfcoursewith
addedflexibilitythrough3-holeand6-holeloops;expandedpracticeamenities;newentryroad
andgolf-centricclubhouse)showthecoursegeneratingapproximately$412,000intotal
operatingrevenuestotheCityinYear1post-renovation,increasingtoapproximately$540,000
byYear5.ConsideringpreliminaryexpenseestimatespreparedbyNGF,netlossestotheCity
willbeabout$171,000inYear1,fallingtoabout$99,000byYear5.Thisresultreflectsand
improvementofstabilizednetincomeofmorethan$296,000overthe‘AsIs’scenario,and
$69,500overOption‘A’.
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GolfMarketOverview
Belowweprovideanoverviewofregionalandnationaltrendswithrespecttogolfandanoverviewof
marketfactorsthathavethepotentialtoaffectgolfdemand,includingthearea’sdemographicsand
keygolfmarketdemandandsupplyindicators.Inthesecondpartofthissectionweprovideareview
ofBFGC’skeycompetitiveset.Therearemanyvariablesthathavethepotentialtoaffecttheactivity
ofagolfcourse,includingregionalweathervariationsandunforeseenoccurrencessuchasasevere
downturnintheeconomy.
NATIONALTRENDS
GolfparticipationintheU.S.hasgrownfrom3.5%ofthepopulationintheearly1960stoabout9%
ofthepopulationtoday.NGFestimatesthatthenumberofgolfersfellin2013to24.7million(decline
of2.4%from2012).Inthelongertermtrend,theindustryhasseenalossofsome4.7milliongolfers
since2005.Thislossisduetobothadeclineinnewbeginnersandaprobleminretention–golfis
losingmorepeoplethanitisgaininginnewbeginners.Forresearchpurposes,agolferisdefinedas
apersonage6orabovewhoplaysatleastoneroundofgolfinagivenyear.
Long-termParticipationTrend
RoundsPlayed2012–2014–Themostinfluentialfactorinthegolfeconomyin2012wasthe5.7%
increaseinroundsplayed,drivenbyextremelyfavorableweather.Theresultingincreaseof27
millionroundstookthenationaltotaltoabout490million.Wesawacommensuratelypoorweather
yearin2013.Thiswaslikelytheprimarycontributingfactortoadropinroundsplayedto465.5
million–adecreaseofabout4.9%.Forthelongerterm,roundshavedeclinedbyapproximately
11%or55millionsince2003.
WhiletheNationalroundsplayedin2012wereup5.7%from2011,thePacificregion’srounds
playedonlysawaslightincreaseof1.6%.In2013thePacificregionfaredmuchbetterthantherest
ofthecountryfinishingtheyearwithanincreaseof4.1%roundsfrom2012.Year-to-date(through
September)2014roundsaredown1.7%nationallybut up 1.6%inthePacificregion.
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NationalRoundsVolume
%change(year-over-year)
GolfIndustryOutlookfor2014 –Golf’srecoveryfromtherecessionof2008-2011hasbeenvery
modesttodate.Theoutlookfor2014isformodestsalesgrowthingolfconsumerproductsand
services,andgolfcourseequipmentandsupplies.Roundsplayedareexpectedtoremainflator
moderatelybelow2013levels.Courseclosureswillcontinuetooutpaceopeningssignificantly,
resultinginanotheryearofsupplycorrectionwithnegativenetgrowth.
FacilityOpeningsandClosings-U.S.golfcourseopeningsremainathistoriclows,asNGF
recordedonly14.0openingsin2013,comparedto157.5golfcourseclosures,measuredin18-hole
equivalents(18HEQ).Asinrecentyears,closuresweredisproportionatelylowerpricedpublic
facilities(68%oftotalclosures).AccordingtoNGFdata,sincethemarketcorrectioningolfcourse
supplybeganin2006,therehasbeenacumulativenetreductionof644golfcourses(18HEQ),
whichrepresentsacumulativesupplydecreaseofabout4%.
FacilityNetChangeinSupply
(18-holeequivalents)
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MARKETFACTORSTHATMAYAFFECTGOLFDEMAND
Inthefollowingtable,NGFConsultingsummarizesthepopulation,medianage,andmedian
householdincometrendsforthelocalmarkets,SantaClaraCounty,SanJose-Sunnyvale-Santa
ClaraCBSA,thestateofCalifornia,andthetotalU.S.NGFConsultinghasmadethefollowing
observationsregardingthedemographicsofCupertinoandsurroundingareas:
Thereareabout350,000peoplelivingwithinfivemilesofBlackberryFarmGolfCoursein
2013,~961,000withintenmiles,andnearly2millioninthe15-milemarketarea,
indicatingaverydensepopulation.Populationgrowthratesinthesubjectmarkets
graduallyincreasedoverthepasttwodecades,andareprojectedtosignificantlyoutpace
stateandnationalgrowthratesthrough2019.The5-milemarketisexpectedtoadd
another25,000netnewresidentsduringthattime.
TheMedianHouseholdIncomeofBlackberryFarmGC’simmediatefive-miletradearea
is$114,000,morethantwicethenationalfigureof$51,804.Themedianincomeforthe
broader10-miletradeareais$99,000andthe15-milemarketisalsostrongat$92,000.In
general,higherincomeresidentsaremorelikelytoparticipateingolf,andtheyplaymore
frequentlythanlowerincomegolfers.InmarketssuchasgreaterSanFranciscoBay,
medianincomesmustbeconsideredinthecontextoftherelativelyhighcostofliving.
TheMedianAgesinthelocaltradeareaareslightlyhigherthanthenationalmedianage
of37.5.Ingeneral,golfparticipationratesandfrequencyofplayincreasewithage
(thoughbothdeclineamongtheelderly),makingrelativelyoldermarketsmoreattractive
togolffacilityoperators,allotherfactorsbeingequal.
ThepopulationofSantaClaraCountyisprojectedtogrowtoabouttwomillionby2019.
TheAsianpopulationcontinuestoincreaseinthisarea.InthefivemiletradeareaAsian
accountfornearly45%ofthepopulationandaccountfor32%intheSantaClaraCounty.
Caucasianaccountfor47%ofthecountypopulation,AfricanAmericanaccountfor2.6%
whileallothersaccountfor18.4%.Asianand,particularly,Caucasiangroupshave
traditionallyhighgolfparticipationrates.
DemographicsSummary
BlackberryFarmGC 5mi10mi15mi
Santa
Clara
County
SanJose-
Sunnyvale
-Santa
Clara
CBSACaliforniaU.S.
SummaryDemographics
Population1990Census290,256797,5891,576,1451,496,700 1,533,393 29,724,503248,584,652
Population2000Census316,099858,9171,746,9191,682,590 1,735,824 33,871,650281,399,034
CAGR1990-2000 .86%0.74%1.03%1.18%1.25%1.31%1.25%
Population2010Census333,360916,6231,821,0811,781,642 1,836,911 37,253,956308,745,538
CAGR2000-2010 0.53%0.65%0.42%0.57%0.57%0.96%0.93%
PopulationProjected2014349,715960,8101,906,8761,868,099 1,924,138 38,563,102317,190,947
Population2019Projected375,2031,029,6952,038,6942,002,754 2,060,368 40,412,151329,562,705
CAGR2010-2018 1.49%1.46%1.42%1.47%1.45%1.02%0.82%
MedianHH Income(2013Est.)$113,560$98,807$91,968$93,490 $92,657 $63,950$55,040
MedianAge (2013Estimate)39.438.237.237.2 37.2 36.037.8
CAGR=CompoundAnnualGrowthRate
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LocalEconomy
BelowisasummaryofsomeeconomicandqualityoflifefactorsintheCupertinoarea:
CupertinoisanaffluentcityinSantaClaraCounty,California,directlywestofSanJose
onthewesternedgeoftheSantaClaraValleywithportionsextendingintothefoothillsof
theSantaCruzMountains.Cupertinois11.3squaremilesintotalarea,locatedatthe
southernendoftheSanFranciscoBayandbordersSanJoseandSantaClaratothe
east,Saratogatothesouth,SunnyvaleandLosAltostothenorth,andLoyolatothe
northwest.
Cupertinoisthe11thwealthiestcitywithapopulationover50,000intheUnitedStates,
andForbesrankeditasoneofthemosteducatedsmalltowns.
AccordingtoHomfacts.comCupertino’sunemploymentrateinAugust2014was3.5%,
wellbelowCalifornia’srateof7.4%.
Cupertinoisoneofmanycitiesthatclaimtobethe“heart”ofSiliconValley,asmany
semi-conductorandcomputercompanieswerefoundedhereandinthesurrounding
areas.ThoughCupertinoishometotheheadquartersofmanyhigh-techcompanies,very
littlemanufacturingactuallytakesplaceinthecity.Thecity'slargeofficeparksare
primarilydedicatedtomanagementanddesignfunctions.
Cupertinoisperhapsmostfamousforbeinghometotheworldwideheadquartersfor
AppleInc.,whichislocatednotfarfromBlackberryFarminamoderncomplexcircledby
theInfiniteLoop.
ConstructionisunderwayonApple’ssecondcampusbetweenInterstate280,NWolfe
Rd,EHomesteadRdandalongTantauAve,onemileeastoftheoldcampus.Some
factsaboutthe“spaceship”:
Thefour-story,2.8millionsquarefootspaceshipbuildingwillput13,000
engineersanddesignersunderasingleroof.Applewillcreate7,400new“high-
quality”jobsby2016,increasingitsemployeebaseby46percentto23,400.
AccordingtoApple,Cupertino-basedemployeescollectivelyearned$2billionin
basesalaryin2012.Uponthecompletionofthenewheadquarter,theemployee
basesalaryincomeisexpectedtoexceed$2.9billionandthenumberofjobs
supportedbyAppleinSantaClaraCountyisexpectedtogrowtoabout41,100.
LocalBusinessrevenuesgeneratedbythenewheadquartersareexpectedtohit
$8.6billionandtheconstructionalonewillcreate9,200constructionjobsover
threeyears.ThenewHeadquarterswillgeneratea“one-time”revenueof
approximately$38.1milliontotheCityofCupertinointheformofconstruction
taxesandfees.
OthercompaniesheadquarteredinCupertinoincludeTrendMicro,Cloud.com,Lab126,
Packeteer,Chordiant,andSeagateTechnology.Over60high-techcompanieshave
officesthere,includingIBM,OlivettiandOracle.Mostofthesehigh-techcompaniesare
locatedonDeAnzaBoulevard,CaliMillPlaza,andBubbRoad.Inadditiontothetech
companies,anothermajoremployerintheareaisPermanenteQuarry,anaggregate
rockquarryandcementplantinthefoothillstothewestofCupertino.
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GolfMarketSupplyandDemandIndicators
ThebasicmeasuresofgolfdemandandsupplythatmayaffecttheperformanceofBlackberryFarm
GolfCourseareoutlinedbelow.The GolfingHouseholdIndex isbasedonPredictedNumberof
GolfingHouseholds,andcomparesgolfinghouseholdparticipationinaparticulargeographytothe
nationalbaseindexof100.The RoundsIndex isbasedonPredictedNumberofRounds,and
comparesthepropensityofroundsplayedperhouseholdinaparticulargeographytothenational
averageroundsindexof100.
Thepredictiveindicesforgolfinghouseholdsandroundsdemandedweredevelopedinorderto
determinetherelativestrengthofaparticulargolfmarketareaincomparisontoothergolfmarkets
andthenationasawhole.Thesepredictivedemandindiceshelpidentifywheregolfinghouseholds
androundsactivityareconcentratedbycomparingvariousgeographieswithoneanotherandthe
nationalaverage,whichis100.Forexample,ifanMSAhasaGolfingHouseholdIndexof120,that
areaisestimatedtohave20percenthighergolfparticipationrateascomparedtotheU.S.average.
And,ifanMSAhasaRoundsIndexof120,thatareaisestimatedtohave20percenthigher
averageroundsperhouseholdascomparedtotheU.S.average.
PredictedLocalGolfDemand
Themethodologyfordeterminingtherelativestrengthofthesubjectmarketisbasedonongoing
NGFresearchofAmericangolfparticipationhabits.TheNGFGolfDemandModelincludesthe
criticalcombinationofageandincome,regionalseasonality,andavailablegolfcoursesupply,as
wellasexistingandemergingdemographictrendsinaparticularmarketarea.Thismodelcanbe
usedasabenchmarkforestimatingpotentialmarketstrengthinaparticulararea.Theresultsofthis
surveyallowNGFtomakeaccuratepredictionsconcerningdemand,participation,andgolf
spending.
BlackberryFarmGC 5mi10mi15mi
Santa
Clara
County
SanJose-
Sunnyvale-
Santa
Clara
CBSACalifornia U.S.
GolfDemandIndicators
#ofGolfingHouseholds 20,57951,52389,08088,19290,4511,594,12017,483,010
ProjectedGolfingHouseholds
(2018)22,96658,10399,82199,232101,7541,753,87318,901,970
EstimatedCourseRounds
(in-marketsupply)221,464694,7731,058,1631,523,0741,690,60436,882,779431,309,400
GolfingHouseholdIndex 108989597 97 84 100
RoundsPlayedIndex 47544673 73 91 100
ThegolfdemandindicesforthelocalmarketsaroundBlackberryFarmGCindicategolf
participationratesthatareslightlylesstoslightlyhigherthantheU.S.benchmark,while
roundsplayedperhouseholdareabout±50%lowerthanthenationalbenchmark.
However,becauseofthesheerdensityofthepopulation,roundsplayedper18holesof
golfarehigherthanweobserveinmostmarkets.
Thereareanestimated20,560golfinghouseholdswithinfivemilesofBFGC,withthe
potentialtodemandmorethan221,000roundsofgolfannually.Inthe10-milemarket,
thereareover52,000golfinghouseholds,demandingnearly700,000roundsofgolf
annually.
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Corporate/OrganizationalMarketDemand
Asnoted,theCupertino/greaterSanJoseareaishometoalargenumberofmajorcorporateand
publicemployers.Althoughpotentialcorporatedemandforpublicgolfroundsisdifficulttoquantify,it
isclearthatBlackberryFarmGCmanagementshouldtargetthismarket,includingApple,Inc.and
themanylocalcollegeanduniversityalumniorganizations,foroutingsandleagueplay.This
corporate/organizationaltournamentplaycanaugmentthedailyfeeroundsexpectedfromthe
primaryandsecondaryresidentmarkets,especiallyduringoffpeakperiods.
VisitorGolfDemand
Visitors(bothleisureandbusinesstravelers)tothegreaterSanJosehavethepotentialtoimpact
demandatareagolfcourses.NGFresearchshowsthatroughlyone-thirdofallgolfersparticipatein
theactivitywhiletraveling,playingaboutaroundofgolfforeverytwodaysoftravel.Thesevisiting
golfers,especiallythosestayinginnearbyhotels,shouldbetargetedbyBlackberryFarm
managementforstay-and-playpackages,etc.
Thereare289hotelswithin15milesofBlackberryFarmGolfCourse;43ofthesearelocatedwithin
justfivemilesofthecourse.TheclosesthotelstoBlackberryFarmGolfCourseincludeCypress
Hotel(1.5miles),AloftCupertino(1.9miles),CourtyardSanJose-Cupertino(2.6),HiltonGardenInn
Cupertino(2.6),WoodcrestHotel(3.1),andCorporateInnSunnyvale(3.3).ManagementtoldNGF
thattheyhavefieldedinquiriesfromoneormoreofthesehotelsaboutofferingtheirguestsreduced
greenfeerates.
GolfSupplyFactors
CurrentGolfCourseSupply
Thereare15totalgolffacilities(subjectincluded),totaling234holes,withintenmilesof
BlackberryFarmGolfCourse,including10thatarepublic(153holes).SantaClara
Countyishometo33golffacilities,including21thatarepublicaccess.
Household/Supplyratiosarederivedbydividingthenumberofhouseholdsbythe
numberof18-holeequivalentgolfcoursesinagivenmarket.Thismeasureisusedasa
benchmarktoestablishthelevelofsupport(households)thatisavailableforeach18
holesofgolfinthemarket.AHousehold/Supplyindexisderivedfromtheseratios(base
nationalfigure=100).The15-milemarketaroundtheBlackberryFarmGChasmore
thanthreetimesasmanyhouseholdsper18holesofgolf(bothtotalandpublic)than
doesthenationoverall.
TheNGFdatabaselistsnonewpublicgolfcoursescurrentlyunderconstructioninthe
immediatemarketandtwenty-sevenholesinplanningwithintheSanJose-Sunnyvale-
SantaClara,CACBSAmarket.
BLACKBERRYFARMGCGOLFMARKET
NGFidentifiedkeycompetitorsand/orcomparablesforBlackberryFarmGolfCourse.These
facilitiesincludeone18-holeexecutivedailyfeecourse,five9-holeexecutiveandtwo9-holepar-3
shortcourses.Belowweprovidesummaryoperatinginformationforthesefacilities,aswellaskey
findingsregardingthedynamicsshapingthelocalandregionalmarketsthatBlackberryFarm
operatesin.Amapshowingtherelativelocationsofthesefacilitiesisshownbelow.
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ComparableFacilitiesMap
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BlackberryFarmGolfCourse–MarketComparables
ThetablebelowshowssummaryinformationforBlackberryFarmGolfCourseandkeycomparables.
Facility FTYPELocation Year
Open Par FrontTee/
BackTee FootGolf
Location
Relativeto
Blackberry
FarmGC
BlackberryFarmGolfCourse 9HExec-MU Cupertino 1962 29 1,544 -
DeepCliffGolfCourse 18HExec-DFCupertino 1960603,358 0.8
Links9atLasPositas 9HPar3-MULivermore 201227882/1,113YES27
PruneridgeGolfClub 9HExec-DFSantaClara 1967311,769YES5.4
RanchoDelPuebloGolfCourse 9HExec-MUSanJose 200028/37/491,072/1,338YES11.6
SantaTeresaGolfClub(ShortCourse)9HPar-3-DFSanJose 196327922YES17
SunkenGardensMunicipalGolfCourse9HExec-MUSunnyvale 1955291,502 3.4
ValleyGardensGolfCourse 9HExec-DFScottsValley 1971361,785YES19.2
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SummaryOperatingInformation–KeyCompetitors
ThetablebelowshowssummaryfeeinformationforBlackberryFarmGolfCourseandkeycomparables.Feesrepresent9-hole
walkingrates,unlessotherwisenoted.
KeyCompetitors
Facility FTYPE WD/WE
9-Hole
Replay
WD/WE
WD/WE
Senior
WD/WE
Junior CartFeesAnnual/Multi-PlayProgramDrivingRange
BlackberryFarmGolfCourse*9HExec-
MU $17/$19 $11/$13 $16/$19 $16/$16
$7
(Twocarts
available
forhndcp
only)
UnlimitedPlay
Wkdaysonlyand
EverydayPassesoffered
Multi-playroundcardsoffered.
2artificialmats
nettedhittingcage
$1/$3
DeepCliffGolfCourse 18H
Exec-DF $19/$23---$13 PremierClubMember($99.95)
Receive$7offprimetimerates
11-stationnettedhittingarea,
35-yarddrivingrange;$3.50
Links9atLasPositas 9HExec-
MU $18/$20$8/$10-$9/$12$10 $150for10rounds
valid7daysaweek
30teestationsandaputting
green
PruneridgeGolfClub 9HExec-
DF $22/$24$11/$12
$17/NA
w/mbrshp
$20
$12/$12
w/mbrshp
$20
-
VIPPassRegularPrice$3,199
NOW(Oct2014)
$1,199Yearly;$349Monthly;
$40DailyMondayorTuesday
Covered,twotier,litfacility.VIP
membersusegrassrange.
Indoor&outdoorhigh-tech,
stopmotionvideoinstruction.
$5/$10/$14/$18
RanchoDelPuebloGolfCourse 9HExec-
MU $13/$15$7/$7$10/NA$7/$8-
25stations;10,000sqftbent
grassputtinggreen.LitFacility.
$4/$6/$9:discountrangekey
Pay$20for$25worthofballs
Pay$40for$50worthofballs
Pay$75for$100worthofballs
SantaTeresaGolfClub
(ShortCourse)
9HPar-
3-DF $13/$17$13/$17$13/$17$13/$17$14JrMbrshp$55+$5/$8rate 40TeeStations
SunkenGardensMunicipalGolf
Course
9HExec-
MU $15/$19Free
Offer$88
M-Thplay
card
Offer$88
M-Thplay
card
$10
10Play Card=$135
GolfDiscountCard=$88
UnlimitedplayM-THforSr,Jr
anddisabledonly
18TeeStations;lighted
ValleyGardensGolfCourse 9HExec-
DF $20/$22$7.50/$10Wed.$16$16/$16-
Monthly$130;Annual$925
w/additional$3rndsweekdays
&$10rndsonweekends
12TeeStations
*Cupertinoresidentsreceivea$2.00discountwithproperidentificationofresidency
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SignificantFindings
General
BlackberryFarm’smostdirectcompetitorsinclude:DeepCliffGC,an18Hexecutive
courseinCupertino;PruneridgeGolfClub(9HExec)inSantaClara;Ranchodel
Pueblo(9HMuniExec)inSanJose;andSunkenGardens(9HMuniExec)in
Sunnyvale.OtherregionalmarketcomparablesincludetheShortCourseatSanta
TeresaGolfClub(9HPar3),theLinks9(9HPar3)atLasPositasinLivermore,and
ValleyGardens(9HExec)inScottsValley.
Otherpublicaccessfacilitieswithintenmilesthatare18Hregulationlengthtracks
andcanbeconsideredonlysecondarycompetitorsinclude:GolfClubMoffetField
andShorelineGolfLinksinMountainView;PaloAltoGolfCourse;SanJose
MunicipalGolfCourse;SantaClaraGolf&TennisClub;andSunnyvaleGolfCourse.
Par3andExecutivecourses–especiallythoseofthe9-holevariety-appeal
primarilytocertainsegmentsofgolfers,includingbeginnersandseniors,aswellas
thosethathaveconstraintswithrespecttodiscretionarytimeand/ormoney.These
facilitiestendtohavedifficultygainingtractionamongothersegments,includingavid
golfersandyoungergolfers.
Roundsplayed
AswasthecasewithnearlyeverygolfmarketNGFexaminednationally,average
annualroundsplayedatmanyBayAreagolfcoursesdroppedby25%ormore
betweenthelate1990s/2000andthemiddlepartofthe2000s.Therehavebeen
intermittentyearsofrecoverysincethenbut,basedonoperatorinterviews,thelast
fewyearshaveseensignificantroundsattrition.Belowwepresentsomerecent
resultsfrommarketcomparablesidentifiedinthissection.
SantaTeresa(shortcourse):
Roundsdecreasedbyabout30%overthelastsixyears,fromabout38,000
in2009toaproject±27,000roundsin2014.
Atanaveragegreenfeeperroundofabout$14,totalgreenfeerevenues
havefallenbelow$400,000.
DeepCliff:
Roundsaredownbyabout25%fromtheirpeak(lowtomid70,000s)inthe
earlypartofthe2000s.Managementreportsthat2009-10wasaparticularly
badperiod,withsomerecoveryin2011-12,beforeroundsbegan
aggressivelyfallingagainin2013.Roundsfor2014aredown14%overprior
year,andarebudgetedtofallfurtherin2015.
PartoftheproblematDeepCliffisthesevere75%cutbackinwater(they
nowpurchasecitywaterandarenotequippedtopumpthevolumethey
need);asaresult,onlygreensandsurroundshavebeenwateredsinceMay.
RanchodelPueblo(cityofSanJose):
Roundsdecreasedby16.5%overthelastfiveyears,from32,257inFY10to
26,929inFY14.
Revenuesdeclinedonly3.3%,to$591,000.
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Totaloperatingexpenses(excludescapitalimprovements)increasedby
14.5%toabout$788,000,resultinginanoperatinglossof$197,000,
comparedto$77,000inFY10.
Links9atLasPositas(cityofLivermore):
Roundsandgreenfeerevenues–about20,000and$300,000,respectively–
overthefirsttwoyearssincerenovationthattransformedthecoursefroman
executivelayoutof2,034yardstoapar3of1,113yardsarevirtuallyidentical
toresultsfromthelastcoupleofyearsofoperationasanexecutivelayout.
SunkenGardens(cityofSunnyvale):
Roundshavebeenremarkablysteadyoverthe5-yearperiodfromFY10
throughFY14,at±60,000eachofthefirstfouryears,beforedecliningto
52,000inFY14.However,FY14wastheonlyyearwhenreplayroundswere
notfree(revenueswereactuallyhigheronthereducedrounds).Thefree
replaypolicyhassincebeenreinstituted.
AsanillustrationofjusthowfarmanyBayAreafacilitiesareoffoftheirpeak
activitylevels,SunkenGardenshostedabout94,000roundsbackin1999.
Atanaveragegreenfeeperroundofjustover$13,totalgreenfeerevenues
wereabout$680,000inFY14.
GreenFees
Asweareobservingacrossthenation,fewerroundsinthegreaterBayAreamarket,
arebeingsoldatrackrates.Thereisamyriadofwaysthatfeesarebeing
discountedduringnon-peakdemandtimes.Inadditiontoeverydaydiscountsfor
juniors,seniors,etc.,manyclubshaveloyalty/frequentplayerprogramsandactive
internalyieldmanagementprogramsthatincludesendingoutspecialpromotionsto
theiremaildatabases.Additionally,internetwholesalerssuchas GolfNow.com are
playingalargerroleinmovingunsoldteetimesinthismarket.
Asaresultoftheincreaseindiscounting,evenamonghigherpricedfacilities,
averagegreenfeerevenueperroundisessentiallyflatorevendecliningforlower
feefacilitiessuchasBlackberryFarm.
NGFbelievesthat‘rack’greenfeesatBFGCaregenerallyappropriateinthecontext
ofthefeesforthemarketcomparable9Hexecutives,withregular9Hweekdayand
weekendratesslightlyhigherthanRanchodelPueblo,similartoSunkenGardens,
andslightlylowerthanValleyGardens.ShouldtheCitygowiththeoptionto
reimagineBFGCasapar3course,webelievethatgreenfeescanremainsimilar
(assumingsimilarmarketconditions)towhattheyarenowduetotheoverall
increasedqualityandattractivenessofthegolfcourse.
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BlackberryFarmGolfCourseReview
BlackberryFarmGolfCourseislocatedintheCityofCupertino,about2.6mileseastofApple,
Inc.headquarters.Itisconvenientlylocated1mileeasttheintersectionofStateRoute85and
Interstate280freeways.TheentrytotheparkinglotisoffofStevensCreekBoulevard.Though
thelocationisadvantageousintermsofproximitytopotentialdemanddriversforgolf
(residential,schools,corporate);however,trafficalongStevensCreekcanattimesbea
detrimenttoeaseofaccesstothegolfcourse.
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FACILITIES
TheBlackberryFarmGCincludesa9-holeexecutivelengthgolfcourse,restaurant/proshop,
andmaintenancefacility.Thefacilitydoesnothaveadrivingrange.The“clubhouse”isactually
theBluePheasantrestaurant/nightclub,adatedbuildingthathousestheproshopand
restroomsonthegroundfloor.
TheNGFreviewofthesecomponents followsinthissection.
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History
TheBlackberryFarmGolfCourseoccupiesaportionofanoldfarm(160areas)settledby
CaptainElishaStephensin1848.BlackberryFarm,until1991,wasoperatedasafamily-owned
picnicfacilityfor37yearsandoverthreegenerations.
In1991Cupertinoresidentspasseda25-yearbondmeasuretopurchasetheproperty.TheCity
ofCupertinocommittedtooperatingBlackberryFarmasarevenue-generating,self-supporting
parkfor25yearsuntil2016.Today,this33-acrerecreationalfacilityoffersacreeksidepark
settingforfamilyandgrouppicnics,swimmingpools,andthe9-holegolfcourse.Amongthe
goalsoftheparkareasaretoservetheneedsoforganizedgroupswishingtoreserveoutdoor
picnicfacilitiesforspecialfunctions,andtoprovideprogrammeduses,includingthe9-hole
BlackberryFarmGolfCourse,forthegeneralpublic.
Thegolfcoursedatesto1962andwasdesignedbyRobertMuirGraves,aprominent
California-basedgolfcoursearchitect.ItwasamongthefirstdesignsinGraves’careerandis
listedasa“Par-3Course”inearlyaccountsbyGravesandotherresources.Itmaybethatholes
werelengthenedovertheyearsinanattempttoachievelongeryardagesandanincreasedpar
value.
Twosetsofteesrangingfrom1,410yardsto1,544yards.Thetwoteepositionsallow
golfersofdifferentskilllevelstoplayfromatotalgolfcourseyardagethatis
comfortableforthem.
Paris29,withsevenpar-3s,andtwopar-4s.
TheUnitedStatesGolfAssociation(USGA)slopeandratingdatashowtherelative
difficultyoftheBlackberryFarmGCfromthevarioustees,withaslopeof93anda
ratingof57.0fromthebluetees,anda91slopeand57.4ratingfromtheRedtees.
Sloperepresentsacourse’sdifficulty,comparedtothe“standard”USGASlopeRating
of113.
BluePheasantRestaurant(Clubhouse)
TheclubhouseessentiallycomprisestheBluePheasantRestaurantthatoccupiestheupper
floorareaofthebuilding.Arrivaltothisbuildingisnondescriptwithdatedsignage,landscaping
anddetails.Thebuildinghasbeenremodeledinlimitedways,mostlywithpaintandtheaddition
ofrequiredADArampsandappointments.Boththeexteriorandinteriorarereminiscentofa
circa1970s-80sagingbuildingthathas“seenbetterdays.”Theparkinglot,recentlyresurfaced
andconfigured,appearswelllitandadequatelyservestherestaurantandgolfuses.
Thelowerlevelofthebuildinghousesthegolfproshop,storageandrestroomstoservegolfers.
Ofimportantnoteisthatthelowerlevellieswithinadesignatedfloodplain.Thebuildinghas
floodedinrecentyearsandthereisalonghistoryofitfloodingeversinceitwasoriginally
constructed.ImprovementsinstalledbytheCityincludealowwallsystemthatservestodetour
risingwaterwhensandbagsarestackedtocloseoffawalkwayareaatanopeninginthiswall
system.Thishashelpedtoprotectthelowerlevelandreducedamagefromflooding.
Adjacenttotheclubhouseareaisawatertowerthatwasrelocatedtoitspresentlocationfrom
propertynorth,acrossStevensCreek.ThisstructureisownedbytheCity,butisnotcurrentlyin
serviceorusedforanypurpose.Inessence,itisapieceofhistorythatgetslittleornoattention.
NGFencouragestheCitytoexploreideaswithMIGtoseeiftheremaybeinterpretativeorother
publicusesthatwouldbebeneficialtotheoverallBlackberryFarmarea.
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PracticeFacilities
AsidefromasmallpracticeputtinggreenbytheHoleNo.1,thereareonly“hittingcages”that
maybeusedforinstructionandwarm-up.Thesestructuresarelooselyconfiguredand
immediatelyadjacenttothegreenareafortheHoleNo.9.Qualitypracticeareasandamenities
thatcouldattractnewplayersandthoseinterestedinlearninggolfareallbutabsent.
MaintenanceFacility
Themaintenancebuildingandyard,asnoted,arerelativelynewreplacementsforanoldgarage
thathadstoredequipmentandservedasamaintenancefacility.Thenewbuildingismetal
constructedandwellscreened.Therearesanitaryfacilities,washstationsandtypical
appointmentsforamodernfacility.Theyard,whilesmall,isadequateforthelimitedequipment
andmaterialsnecessarytocareforthesmallcourse.Storagebinsforsandandlandscape
materialsareundersized,whichrequireddoublehandlingafterloadsofmaterialaredelivered.
On-CourseFacilities
Norestroomsarelocatedonthecourseitself.Therestroomslocatedinthemaintenance
buildingwerecleverlyconfiguredtoservethepublicwhileplayinggolf.
GolfCourseConditions
ThissectionfocusesonthephysicalnatureoftheCity’sexistinggolfasset.Thephysical
aspectsofagolffacilityshouldnotbeheldseparateduringanevaluationofaspectssuchas
businessoperations,financesand/ormarketanalysis.Golffacilitiesareinherentlyaffectedby
thephysicalconditionsandconfigurationincombinationwithinfluencesofthebusiness
operation.Webelieveitisessentialthatthephysicalpropertiesofgolffacilitiesmustbelooked
atwithaviewbeyondthatofwhichcurrentlyexists.Theviability,potentialandlongterm
opportunityofthegolfassetshouldbeevaluatedalongwithcurrentconditionsandtrends,
especiallythosethatmayhavepositiveinfluenceonoperations.
Theintentofthissectionistoprovideabaselineofthecurrentconditionsandwhatmeasures
arerequiredtoimprovethephysicalfacilityand/orbringituptoqualitystandards.
ThemethodforevaluatingthegolfcourseinvolvedmultiplesitevisitsbyNGFsubcontractorand
GolfCourseArchitectForrestRichardson,ASGCAonthreeseparateoccasions.Interviewswith
keystaffchargedwithcaringforandoperatingthepropertieswereconducted.Additionaldata,
bothprovidedbytheCityandsecuredindependently,wasusedtoascertainthegeneral
maintenanceneedsandnecessaryimprovements.NGFConsultingalsoconsultedwithMIG,
theCity’sconsultantaddressingmasterplanningoftheStevensCreekCorridor,whichincludes
theBlackberryFarmGolfCourse.
BothNGFandMr.Richardsonvisitedthefacilitytoevaluatethecourseandconditions.Mr.
Richardson’sfocuswastoreviewthegolfcourseintermsofitscurrentconditionaswellas
lookingtopotentialimprovements.Hisreviewalsoaddressesthefeasibilityofcertainplanning
conceptsthattheconsultingteamhasbroughtforthtotheCity.
ThisreportisintendedtoprovideabasisforfurtherstudyandpotentialactionbytheCity,as
wellaspotentialintegrationtotheMIGplanningeffort.Thereportislimitedtothescopeof
servicescontractedtoNGFConsulting.Accordingly,informationsuchasprobablecost
estimatesandconceptualplanningmustbeviewedintheircontextandlimitations.Thescopeof
servicesdidnotallowanin-depthstudyofoptionsbeyondthesummarizedfindingsand
conceptualplansprovided.TheCityisadvisedthatfurtherstudy,detailedanalysis,specific
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planningandcostanalysisshouldbeundertakenbeforefinalactionsaredetermined.This
reportshouldbeusedtoformdecisionson“nextsteps”asimprovementsand/orchangesare
consideredandshiftedfromplanningtoformalproject.
Thefollowingsectionprovidesasummaryofcurrentcourseconditions,maintenancepractices
andgeneraldeficiencies.
Tees:Ingeneral,teesareinpoorshapeandarecrowned(i.e.,theyarenotlevel.)Turfsuffers
fromover-shadingduetocloseproximityoftrees,andtreedensity(i.e.,overplantingoftrees.)
Drainageappearsnon-existentwithnativesoilslikelyformingtheteesubgrades.Eventhough
teeshavebeenrebuiltoccasionally,theextremelysmallsizescreateconstantwearandthey
simplycannotkeepupwiththeuse.Teesalsodonotofferyardageflexibilitytothedegree
necessarytoservegolfersofvaryingabilities.Therearefewteesandthosethatareinservice
arenotlargeenough.Theyardagedifferencebetweenthebackteesandtheforwardteesis
merely134yards,anaverageofjust15yardsperhole.Developingnewteesforshorterforward
yardagesencouragesmorenewplayers,youngplayersandseniorplayers,andcanhavethe
effectofpromotingmoreplayfromteeyardagesappropriatetoindividualskilllevel.
FairwaysandRoughs:Turfqualityisaveragetopoorwithshadedareasbeingintheworst
condition.Drainageislackingatpointswherenaturalgradesdonotconveywatertolowareas
andthefewdrainsinstalledonthecourse.TurfisavarietyofBermudagrass,ryegrassand
kikuyugrass.Somesmallpatchesoffescue-typeturfandheartybentgrass(likelyleftoverfrom
originalgreensplanting)canbefoundhereandthere.Compoundingturfconditionsisthe
antiquatedirrigationsystemthatdeliverspoorcoverageandinefficientirrigationpressure,andis
aconstantsourceofleaksandbreaks.
Greens:Greensareverysmallwithpoaannua,anacceptablegreens“turf”thatovertakes
bentgrass,especiallyintheBayArearegion.Wherethegreensarenotinexcessshade,the
surfacesareacceptable.Therearesignificantpatchesofpoorqualitywhichislikelytheresultof
multiplefactors-irrigation,shade,ageandsize.Intermsofsize,thegreensareextremelysmall
anddonothealfromday-to-daywhenthecourseisbusy.Greensforacourseofthislength
(withmanyshortshotsplayedfromteesthatarehithighandcausedeeperballmarks)should
beasmuchasthreetimes(3x)thesizeofthegreenspresentlymanaged.Greensarereported
tobeoriginalandwerelikelybuiltonnativesoilswithonlyanominalvolumeofsandmixedto
availablesoils.Consideringtheageandotherfactors,theconditionsare“good.”Theoverall
qualityiswellbelowwhatcanbeattainedwithnew,replacedrootzonesandmoderndrainage
systems.(Note:TheNo.3greenwasrebuiltinrecentyearsandis,asaresult,inbetter
conditionthanothers.)
Bunkers:Sandbunkers,ofwhichtherearenine(9)intotal,arewellpasttheirlifecycle.Sand
hasbeenaddedtobunkersthroughouttheyears,whichamountstotheonlysignificantcare
theyhavereceived.Addingsandcausesthefloorstoriseupandeventuallybecomeelevatedin
relationshiptogreensurfaces.This“volcano”effectisnotonlyapooraesthetic,butitsendsa
signalthatthecoursehasbeenneglected.Inmostclimatessandbunkersgetnewsand
replacedevery2-3yearswithinfrastructure(drainageandsubgrades)renovatedevery7-10
years.Accordingtostafftherehasbeennoworktosandbunkers(exceptsandbeingadded
withoccasionaledgingwork)sincethecoursewasoriginallybuiltinthe1960s.
Ponds:Originally,thecoursehadanareaofpondsandastreamthatformedawaterfeature
throughthecourse.Thesepondswerefilledwithamanualvalvefromthecreek.Pondswere
takenoutofservicetoconservewaterandbecausetherewasconcernthattheywereleaking.
Thepondsneverservedasareservoirforthegolfcourse,atleastnotinthepastseveral
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decades.WhilenodetailedinspectionofpondswasmadebyNGF,visualinspectionshowssoil
crackingandconditionsthattendtosupportpotentialleaksshouldtheyberefilledwithwater.
Modernpondconstructionforsoiltypesinthisregionwouldgenerallycallforartificialliners
suchasHDPEplasticsheetinglaidoverageotextilefabric.However,wedonotrecommend
reconstructionoftheponds(i.e.,lining)aswefeelevaporationandresultingwatercostwould
becounterproductive.Alternatively,werecommendconversionofthepondareastoapassive
naturalizedlandscapethatcanservetheareawithbiofiltration (seebelow).
IrrigationSystem:Noin-depthevaluationwasmadeoftheirrigationsystem.Ingeneral,the
systemisoriginaltothec.1960scourseconstructionandhasbeenheldtogetherwithvarious
patches,repairsandsomenewerequipment.Atypicalirrigationsysteminthisregionwilllast
from18to25years.TheBlackberryFarmsystemhasnow(tried)tooutliveitsintendedlifecycle
bynearlythree-fold.Thesystemis“hydraulic”controlled,amethodthatisnowsooldmostturf
suppliersnolongerhavepersonnelwhohaveevenheardofsuchtechnology.Duringourvisits
weobservedhand-wateringbythegroundscrewinordertoovercomethisless-than-desirable
system.Thedownsideofsuchanoldersystemispoorcoverage(toomuchoverlapornot
enough),leaks,breaksandtheconstantvigilancebystaffthattakestheirtimeandenergyaway
fromareasandmaintenancethatthepubliccanseeandappreciatemore.
CartPaths:Thefacilitymanageswithjusttwogolfcartsasmostgolfersprefertowalk.Where
pathsarepresent(atjustafewlocations)theyarenarrowandnotconfiguredwell.Thereislittle
compliancewithADAguidelinesintermsofcurbingoraccess.
Trees:TreesformthelandscapethemeforBlackberryFarmGolfCourse.Asnoted,treesline
allgolfholesexceptwherepolesandnettinghavebeeninstalledalongotherparkuses.Overall,
treesaretooprevalentandcausetoomuchshadeforturftothriveandbehealthyforgolfuses.
Whereshadeismostprevalent,turfdoesnotgrowatallandthegroundisbare.Wheretrees
havebeencutdown,severalstumpsremain.Manytreesareroot-boundwithexposedroots
interferingwithgolfers,maintenanceequipment,surfacedrainageandirrigation.Manytreesare
notedtobeindecline.Thisconditionislikelyaresultofaging,regionalblight(s)and,insome
areas,overcrowdingwheregroupsoftreesweresimplyplantedtoocloseinproximity.
Safety
Noformalsafetyanalysiswasconducted.However,itisobvious(andconfirmed)thattheNos.1
and9holesareconfiguredtooclosetogether.Conflictscanoccurbetweenplayontheseholes.
Otherareashaveset-backissues,butnottothedegreeasevidentontheopeningandfinishing
holes.Staffreportsnoclaimsorerrantballinjuries.NGF,indevelopingalternativeplans,has
addressedtheissuenotedatHoleNos.1and9.IftheCityoptstoeitherfullyorpartially
reconfigurethegolfcourse,separationbetweenholesandappropriateset-backsareessential
tofutureoperationsoftheCity-ownedfacility.
WaterUse
Wateriscurrentlysuppliedfromthepotable(municipaldrinkingwater)system.Originallythe
coursewassuppliedbywellwater.Thatwellisstillinplacebutnolongerusedfollowingpark
workandacquisitionofthecoursebytheCity.(AdetailedreportwasprovidedtoNGFonthe
testingofthewellandwasusedbyustoformestimatesofwateruseandcostforalternative
plans.)Wesupportthereinstatementofthewellastheprimarysourceofirrigationwaterfor
BlackberryFarmGolfCourse (seebelow).
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Maintenance
Maintenanceisoutsourcedtoaprivatevendor.Staffvariesfrom2to4dependingonseason
andneeds.Thereistypicallyasupervisoronsiteatleast3-4daysperweek.Consideringthe
aginginfrastructureandotherconditionsnoted,thegolfcourseiskepttidyandplayable.Itisnot
likelythatbetterconditionscouldbeattainedwithoutsignificantinvestmentintheasset.
SummaryofBlackberryFarmGolfCourseDeficiencies
Insummary,theBlackberryFarmGolfCourseinitscurrentstatesuffersfromanaging
infrastructureandmanyotherdeficienciesthatconstrainitsabilitytooperateefficientlyandgain
sufficientroundsactivitytomakeitfinanciallyself-sustaining.Keydeficienciesinclude:
Lackofteeflexibility(havingmoreyardagesfromwhichplayerscanopttoplayfrom)
Turfconditions
Greens(toosmallandlackquality)
Treemanagement(treehealthandover-shadingofturfareas)
Irrigationsystem(agingandinefficient)
Watersourceandcost(frompotabletowellwater)
Tightholecorridors(especiallyatNos.1and9)
Lackofpracticeandnewplayerdevelopmentamenities
Agingclubhouse(separated,non-integratedusesofgolfandrestaurant)
LackofADAcompliance(pathsandaccess)
OPERATIONS
BlackberryFarmGCisaccountedforbytheCityofCupertinoasaself-sustainingEnterprise
FundwithintheRecreation&CommunityServicesDepartment.Theenterprisefundstructure,
whichisintendedtoensurefullcostrecoveryviauserfeesandalsoprovideaccounting
transparencytothepublic,isverycommonformunicipalgolfsystems,bothintheStateof
Californiaandnationwide.Asofautumn,theGolfFundhadapositivebalanceofabout
$600,000,whichiscurrentlyearmarkedtopartiallyfundreplacementoftheirrigationsystem.
OversightofthegolfprogramistheresponsibilityoftheSeniorRecreationSupervisor,who
reportstotheDirectorofRecreationandCommunityServicesand,ultimately,theCityManager.
One-fourthoftheSeniorRecreationSupervisor’ssalaryischargedtotheGolfFund.TheCity
ManageranswertotheelectedCityCouncil,whichhasultimateauthorityoverpoliciessuchas
feeschedulesatthegolffacility.
On-SiteManagement
BFGCismanagedon-sitebyaCity-employedRecreationCoordinator,whiletwoseparate
privatecontractors(contractsduetoexpireonJune30,2015)areresponsibleforthegolfshop
concessionandgolfcoursemaintenance.Inaddition,theCityleasesoutthe“clubhouse”
building,whichcomprisestheBluePheasantRestaurant.Theassociatedrevenuesfromthe
restaurantleasearenotincludedintheGolfEnterpriseFund.
GolfShopConcessionandGolfLessons(JeffPiserchioGolfShop)
GolfCourseMaintenanceAgreement(ProfessionalTurfManagementIncorporated)
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Inadditiontothefull-timeRecreationCoordinator,whomanagesthefacility,thereare6part-
timeworkersthatareCityemployees,butwithnobenefits.Theirpayrateisbetween$11and
$13perhour.
ContractsinPlace
Asnotedearlier,BFGCismanagedon-sitebyaCityemployeeonsite,whiletwoseparate
privatecontractors(contractsduetoexpireonJune30,2015)responsibleforthegolfshop
concessionandgolfcoursemaintenance.Inaddition,theCityleasesoutthe“clubhouse”
building,whichcomprisestheBluePheasantRestaurant.Theassociatedrevenuesarenot
includedintheGolfEnterpriseFund.
GolfShopConcessionandGolfLessons(JeffPiserchioGolfShop)
GolfCourseMaintenanceAgreement(ProfessionalTurfManagementIncorporated)
Asummaryofkeycontracttermsandvendorresponsibilitiesfollows:
GolfProfessionalServices
TheBlackberryFarmGolfCoursegolfshopandgolflessonsprofessionalservicesagreementis
structuredasaconsultingcontractagreementwithJeffPiserchioGolfShop,andwasentered
intoJuly1,2014.Theone-yearagreementexpiresonJune30,2015.
Thekeyelementsofthegolfprofessionalservicesagreementinclude:
CitypaysJeffPiserchoGolfShop abasicfeeof$45,000or$23.44perhournotto
exceed$3,750permonth.
JeffPiserchioGolfShoppaysthecity:
15%ofallgrossreceiptsderivedfromgolfmerchandise,golfdrivingcage
andsnackconcessions
20%ofallreceiptsfromgolflessons
Responsibilities –Exclusiverighttooperategolfshopconcessionandgolflessons
services.ConcessionaireServicesinclude:
Golfmerchandiseduties
Drivingcageduties
Snackduties
Golflessonduties
ProvidesupportandassisttheCitystaffwithcustomerserviceresponsibilities
GolfMerchandiseDuties –OperatetheGolfShopandmanagethesale,pricing,
andinventoryofgolfmerchandise;keepdailyaccountingofallproceedsgenerated
fromthesaleofmerchandiseandforwardsuchaccountingonamonthlybasistothe
City.Provideaseparatecashregisterforrecordingsales;andberesponsibleforall
local,stateandfederaltaxeswithregardtothegolfmerchandise.
GolfLessonsDuties –Providegolflessons.Lessonsshouldaddressindividuals
andgroupsasneeded.AlllessonsshouldbetaughtonparwithPGAindustry
standards.
DrivingCageDuties –Operatethegolfdrivingcageforpublicpracticeand
instruction;keepdailyaccountingforallproceedsandforwardsuchaccountingona
monthlybasistotheCity;makeanyimprovementsormodificationstodrivingcage
priortostartofworkandmaintainthecageinasafecondition.
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SnackDuties –JeffPiserchioGolfShopshallprovideandsellpre-packagedfood
andcannedbeverageitemsfortheconvenienceofthegolfingpublic.Itemsshallnot
competewithfoodandcannedbeverageitemssoldattheBluePheasant
Restaurant.Keepadailyaccountingofallproceedsandforwardsuchaccountings
onamonthlybasistotheCity.Responsibleforalllocal,stateandfederaltaxeswith
regardtothesnacksandbeverageitems.
OtherConsultantServices –JeffPiserchioGolfShopagreestoprovidesupport
andassisttheCitystaffwithcustomerserviceresponsibilities.
GeneralResponsibilities includethefollowing:
Insurance–JeffPiserchioGolfShopshallmustobtainandmaintainworkers
comp,liabilityandautomotiveinsuranceoutlinedintheagreement.
RecordkeepingandInspection–JeffPiserchioGolfShopshallmaintain
completeandaccuraterecordswithrespecttosales,costs,expenses,
receiptsandothersuchinformationrequiredbyCitythatrelatetothe
performanceofservicesunderthisAgreement.JeffPiserchioGolfShopshall
providethecityfreeaccesstobooksandrecordsandallowinspectionofall
work,data,documents,proceedingsandactivitiesrelatedtotheagreement.
MustdelivertotheCityastatementshowingthetotalamountsofmoney
collectedfromservicesonorbeforethe25th ofeachmonth.
Termination–TheCitymayterminatetheagreementforanyreasonbygivingthirty
days’priorwrittennoticetoConsultant.Eachpartyshallpaytotheotherpartythat
portionofcompensationspecifiedintheAgreementthatisearnedandunpaidprior
totheeffectivedateoftermination.
NGFfindsthatthegolfprofessionalservicesagreementcontainsmanyfeatures,characteristics,
responsibilities,andoversightmechanismsthatarecommoningolfcourseconcession
agreementswithmunicipalities.
GolfCourseMaintenanceAgreement
TheBFGCmaintenanceagreementisstructuredviaanindependentcontractoragreementwith
ProfessionalTurfManagementIncorporated.TheoriginalagreementwasawardedonMarch
16,2010fora2yearterm.ThecontractbeganJuly1,2010endedJuly1,2012,andhasbeen
extendedforthepastthreeyears,forapossible5yearstotalendingonJuly1,2015.
Thekeyelementsofthegolfcoursemaintenanceagreementinclude:
Compensation –TheCitypaidProfessionalTurfManagementIncorporated
$173,820,or$14,485per(12)monthformaintenanceservices,plus$600annually
or$50per(12)monthforsoilsamplecollectionandtesting.Oneyearextensionfor
nomorethanatotaloffiveyearscontainsthesameprovisionsoftheoriginal
contract.ThefifthyearofthefiveyearserviceagreementwasapprovedonJune26,
2014attheamountof$187,280.
Misc.Agreement:MajorequipmentandmaterialmustbesuppliedbySierraPacific
TurfSupply
Maintenanceagreementsareperhapsthemostdifficultintermsofcomparingcontractprices
duetotheintricaciesoftheindividualgolfcourseproperties,andsomevariationsin
responsibilities.Theoverridingvariablethatcomesintoplayindeterminingcontractpriceisthe
projectedcostoflabor.Afterthecostoflaborisprojected,therestofthebudgetisdetermined
byputtingcertainvariablesandspecifications,includingacreage(determinedbyGPS
technologywiththelargercompanies),costofgoodsandsupplies,andfrequencyofspecific
maintenancetasksintoaformulathatcomputesthenon-laborcosts.Oncethecontractpriceis
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agreedupon,languagewilloftenbeincludedthatcapsthecompany’sexposureonunexpected
orextraordinaryrepaircosts,suchasthoserelatedtoirrigationandmaintenanceequipment(if
municipalityowns).Typically,thecostofutilitiesremainswiththemunicipality,andsome
companieswillalsorestrictarborcaretoremovingortrimminglowhangingbranches.
RecentOperatingResults
BFGCisoperatingasapublicgolfcourse,withthepredominanceofCityrevenuegenerated
fromgolfgreenfees.Asummaryofrecentroundsplayedactivity,revenue,andexpenses
providedbytheCityispresentedinthefollowingtable.
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BlackberryGolfCourse
ProfitandLoss
FiscalYearJuly-June
Actuals
2008-2009
Actuals
2009-2010
Actuals
2010-2011
Actuals
2011-2012
Actuals
2012-2013
Actuals
2013-2014
RoundsofGolf 49,194 42,985 33,751 31,567 29,893 24,594
PerRoundRevenues
Green FeeRevenuePerRound $14.82 $12.91 $12.77 $12.50 $12.73 $11.77
RentalsperRound $0.41 $0.33 $0.45 $0.52 $0.59 $0.48
OperatingCostsPerRound $11.79 $10.64 $13.49 $14.59 $15.96 $23.12
Sources
InvestmentEarnings $11,981 $3,764 $6,166 $914 $2,185 $763
Rentals $17,232 $14,289 $15,092 $16,358 $17,125 $11,861
GreenFees(2)$623,540 $554,502 $432,646 $394,711 $369,628 $290,609
Misc.$0 ($22)$59 ($14)$0 $0
TotalSources $652,753 $572,533 $453,963 $411,969 $388,938 $303,233
OperatingExpenses
Personnel $123,997 $129,821 $136,393 $144,079 $143,450 $181,364
Materials&Supplies $13,081 $14,386 $18,474 $10,003 $13,191 $12,828
WaterUsage $82,425 $56,494 $61,102 $69,523 $50,960 $50,897
Services $273,277 $255,530 $240,158 $232,940 $233,492 $252,468
Other $3,085 $938 $938 $4,153 $22,242 $21,107
Newcostallocation(1)$52,337
SubtotalOperating $495,865 $457,169 $457,065 $460,698 $463,335 $571,001
Capital Outlays
FacilityImprovements $0 $0 $5,770 $1,048 $0 $0
TotalExpenditures $495,865 $457,169 $462,835 $461,746 $463,335 $571,001
NetRevenue&Expenses $156,888 $115,364 ($8,872)($49,777)($74,397)($267,768)
GeneralFundSubsidy $0 $0 $400,000 $0 $0 $230,000
OperatingBalance $156,888 $115,364 $391,128 ($49,777)($74,397)($37,768)
(1)ImplementedFY13/14
(2)City:Decreaseingreenfee revenuesrepresentboth economicdeclineandlowerplayduetothecreekrestoration
projectadjacenttothe8thand9thholeduringtheperiodofsummer2013throughspring2014
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TotalroundsplayedatBFGC(refertoAppendixA)haveplummetedoverthelastsix
fiscalyears,decliningbyabout50%from49,194inFY09to24,594inFY14.
Managementattributesmuchofthedeclinetotheoveralldeclininghealthofthelocal
golfmarket,agingcourseinfrastructure,andattritioninoldercustomers,thoughthe
decreasesinthelastcoupleofyearsarealsotiedtothecreekrestorationwork.
Aswouldbeexpected,totalgreenfeerevenueshavealsofallensharplyoverthat
timeframe,frommorethan$623,000tounder$291,000,adeclineof53.4%.Total
revenuesfortheFY09throughFY14perioddecreasedfromabout$653,000tojust
$303,000.(Thesefiguresdonotincludeconcessionpayments,whichtotaledabout
$4,800inFY14).
Greenfeerevenueperrounddeclinedbynearly$2betweenFY09andFY10,held
steadyatabout±$12.75forfouryears,andthenfellagainbynearlya$1inFY14.
Themostrecentdecreaseisattributabletotheneedtosellmoreroundsindiscount
categories.
Whileroundsplayedyear-over-yearareupabout25%inthefirstquarterofFY15,
thepercentageofdiscountedroundscontinuestogrow,withmorethan30%oftotal
roundsaccountedforbyGolfnowtradeandpaidrounds,plusGrouponroundsand
otherdeals.Thishasfurthererodedgreenfeerevenueperround,whichwas$11.56
throughSeptember.
Totalfull-feecashrounds(resident+non-resident)declinedfromabout52%oftotal
playinFY09to42%ofplayinFY14.ThroughthefirstquarterofFY15,this
percentagehasfallentolessthan36%,furtherindicationofincreaseduseof
discounting.
TotaloperatingexpenseactuallydeclinedatBFGCbymorethan$32,000between
FY09andFY13,beforeincreasingbymorethan23%inFY14.Themainculprits
wereanew“CostAllocation”chargeof$52,000,a26%increaseinPersonnelcosts
resultingfroma25%allocationoftheRecreationSupervisor’ssalary/benefitstothe
GolfFund,andanincreaseinServicesduetoanew“contingencies”lineitemthat
wasnearly$32,000.Overall,Citypersonnelcostshaverisenby46%sinceFY09.
Golfoperationsexpenseisbudgetedtoincreasebyabout$85,000inFY14,
attributabletofurtherincreasesinpersonnelcosts,costallocationincreasingby
morethan$19,000andnon-recurringfacilitiesimprovementexpenseof$37,000.
Asaresultofdecreasingrevenuesandrisingexpenses(inFY14),totalCitynet
incomeafterallexpenseshasfallenfromapositive$157,000inFY09toadeficitof
about$268,000inFY14.
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Likemanymunicipalitiesthatoperategolffacilities,theCityofCupertinohasaprogramfor
assessingthegolfcourseforcertainservicesprovidedbyotherCitydepartments.‘Cost
Allocation’wasfirstchargedtotheGolfFundinFY2012-13,when$52,000wascharged.This
figureisbudgetedatmorethan$70,000forFY15,andrepresentsasignificant11%ofthegolf
operationbudget(excludingnon-recurringchargeforfacilityimprovements),andmorethan
23%ofFY14facilityrevenues.
Allocatedchargesareoftenapointofcontentionforthosemunicipalstaffchargedwithensuring
thatgolfoperationsremaineconomicallyviable.Acommoncontentionisthattheamount
chargedmaynotfullyrepresent"marketrate”fortheservicesrendered.ItisdifficultforNGFto
appropriatelyestimatethe“truevalue”oftheseservicesduringourconsultingengagements,but
wefindthattheamountsaretypicallyhigherthanwhataprivately-ownedgolfcoursewouldpay
forcomparableservicessuchasfinancial,accounting,legal,custodial,IT,administration,etc.
Ingeneral,theNGFrecommendsthattheservicesbechargedatarateascloseto“market”as
canbeestablished.Thatistosaythatthegolfcourseshouldnotbechargedfortheseservices
ataratethatwouldbehigherthanwouldhavetobepaidfortheservicesifacquiredthrough
privatesourcesontheopenmarket.
GreenFees
Acompletescheduleofgolfcoursefeesisincludedin AppendixB.Greenfeesroseby$2per
categoryforbothresidentsandnon-residentsonJuly1,2010.Therehavebeennosubsequent
changestotheschedule.Residentweekday9-hole‘rack’greenfeesnowstandat$15,with
weekendandholidayratesat$17.Correspondingreplayratesare$9and$11.Fornon-
residents,feesare$2higher.Juniorsandseniorsreceive$1off,weekdaysonly.
Golferscanalsogetdiscountedplaybypurchasingmulti-playpasses(incrementsof10,upto
50)andunlimitedplaypasses(5-dayand7-day),availableonbothanannualandsemi-annual
basis.Anannualpassforaresidentcosts$1,175,whilenon-residentspay$1,315.For
residents,assuminga$16averagedailygreenfee,thebreak-evenamountofroundsonthe
annualpassis73.Laterinthecompetitivereviewsectionofthisreport,wewillputBFGCfees
incontextofmarketcomparables.
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Marketing&Programming
TheCityspendsverylittlemarketingBlackberryFarmsGC,atleastinpartduetothecurrent
qualityoftheproduct.Muchofthecurrentmarketingisfocusedonofferingdiscountedratesof
playandfoodpurchases(25%offforgolfersinBluePheasant).Belowisasummaryofrecent
marketinginitiatives:
GolfNowonlineteetimes-YTDrevenueofabout$11,000throughlatesummer.
Groupon–384dealsredeemed(62%)throughlatesummer,resultingin$13,400in
revenue.Approximately33%werenewtoBFGC,whileanotherthirdwerecurrent
customers.Thefacilityenjoyedaveryhigh99%“wouldrecommend”rating.
PrintandDirectMailAdvertising:
CupertinoRecreationandCommunityServicesDepartment–quarterly
citywidedirectmailpiecetoresidentsfeaturedfullpageGrandRe-opening
adthatincluded$2offcoupon.
CupertinoRecreationandCommunityServicesInformationbooklet:
o Fullpagelisting(includesrates,golflessonrates,contactinfo,basiccourseinfo.
o 3Couponsoffered
25%offfoodatBluePheasant
$26Oneadult&OneJunior-Cupertinoresidentrate
$30OneAdult&oneJunior-Non-residentsrate
2014ValueBook:
o Coupon:2for1GreenFees
Club19Golf&TravelClub–Golfer’sEntertainmentGuide
o Coupon:Two2for1roundson18holesorfour2for1roundson9holes
Website–TheBFGCwebsitehttp://blackberryfarmgolfcourse.com/index.htmlis
poweredby“GolfChannel”andispartofthefacility’sagreementwithGolfNow.Itisa
basic,functional(haslinktoGolfNowteetimebookingengine,signupforemailclub,
golfcoursedescription,photos,etc.)websitethatwewouldexpecttoseeforan
alternativelengthgolfcourseatthisfeeandrevenuelevel.The“ProShop”linkis
underconstructionatthiswriting.TheCityalsoincludesbasicinformationaboutthe
golfcourseintheRecreation&CommunityServicessection.
Email–Managementhasbuiltadatabaseofregularcustomeremails,andhas
accesstotheGolfNowdatabaseofabout1,000addresses.
ProgrammingatBFGCisconstrainedsomewhatduetothenatureofthegolfcourse
andthelimitedpracticeamenities.However,PGAlessonsareavailablethroughJeff
Piserchio.Additionally,thefacilitydoeshaveseveralsmallleaguesandclubs,
includingtheBluePheasantHackersGolfLeague,theTuesdayNightHackers
(open),theCupertinoSeniors,andtheSaratogaSeniors.BFGCalsoparticipatesin
YouthonCourse,apopularandhighlysuccessfulNorthernCaliforniaGolf
Associationprogramthatresultsinsubsidizedgolfforjuniors.
StructureConsiderations
AssumingtheCitycontinuestoownandrunBFGC,thereareseveraloptionstoconsider
regardingoperatingstructure.Theexistingcompriseson-siteCitymanagement,withseparate
concessionsfortheproshopandgolfcoursemaintenance.Belowwepresentasummaryof
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somecommonmunicipalgolfoperatingstructures.Eachoftheseoptionshasadvantagesand
disadvantages.
Self-Operation:Cityself-operationwouldmeanthatALLemployeesandmanagers
aredirectemployeesoftheCity.ThemainadvantageisthattheCityretainstotal
controloverthefacilityanditsoperation,andwouldself-fundallneeded
improvements(asitdoestoday).Thebiggestdisadvantageofthisstructureisthat
employeeswouldbecomesubjecttoCitylaborpoliciesandbenefits.Giventhe
highercostofbenefitstoCityemployees,theresultingpayrollwouldlikelydeepen
operatingdeficitsatBlackberryFarm.
ConcessionAgreementsorPersonalServicesContract:APersonalServices
Contractisverysimilartothemanagementcontract(seebelow),withtheexception
thatthevendorisanindividualasopposedtoacompany.Aconcessioncontractis
similarandcanfunctionmorelikealeaseagreement.Inaddition,whileapersonal
servicescontractisoftennarrowerinscope(oftencoveringonlysomeofgolf
operations),itcanalsobecomprehensiveandincludeoperations,food&beverage,
andmaintenance.Althoughapersonalservicescontractcouldbejustforthe
servicesoftheindividual,thecontractcouldalsobestructuredtowherethe
employeesoftheoperationbecomeemployeesofthecontractor.TheCitycurrently
operateswithmultipleconcessionaires,butretainson-siteCitymanagement.
Full-ServiceManagementContract:Aprofessionalgolfmanagementcompany
operatesallaspectsofthegolfcourse.Thisstructurecancomeinseveralformsand
includecombinationsofallareasofoperationasnotedwithconcessions.The
greatestadvantageofthesearrangementsisshiftingtheoperationtoaqualified
third-partywhowillcontroltheoperationandemployallstaffdirectly.Many
managementcompanies,includingthelargenationalcompaniesthathavemany
municipalcontracts,generallyimplementmarketing,training,agronomic,pricing,and
purchasingprogramsthathaveproventrackrecords.Also,whentransitioningfrom
anoperationthatisfullystaffedwithpublicemployees,thelaborcostsavingscanbe
substantial.
Thegreatestdisadvantageofthisoptionisthatoperationalriskremainswiththe
municipality.Themunicipalityisresponsibleforpayingthemanagementfeetothe
operatorprovidedalltermsoftheagreementarebeingmet,evenifthegolfcourse
financialperformancedoesnotimprove.Thesecontractsworkbestwhentheyare
incentive-based.Ideally,themunicipalitywillcreatean“alignmentofinterests”so
thatifthemanagementcompanyisdoingwell,theCityisdoingwellandviceversa.
OperatingLease:Thegolfcourse(s)couldbeleasedtoaprivategolfcompany(or
individual),whowouldberesponsibleforalloperatingexpensesaswellascapital
upkeep.Theleasecanbestructuredtoprovideanannualleasepaymenttothe
municipality,andtheleasecouldbeestablishedtoincludecertainlessee
requirements,includingcapitalinvestmentinfacilityimprovements,maintenance
standardsand/orrestrictionsregardinggreenfees.Theadvantageofthisstructureis
theremovaloftheCityfromtheday-to-dayoperationandtheshiftingofrisktothe
operator.
Thekeydisadvantageisthelossofcontrolintheoperationandthegrowingdifficulty
infindingaqualifiedvendorwillingtoaccepttherisk,especiallywhenthereisa
historyofnegativecashflowsand/orlarge-scalecapitalinvestmentisrequired.Other
disadvantagesincludelimitationsonfinancing(probablynotcompatiblewith
Municipalbonds),long-termcontracts,andmaintainingappropriatecontract
compliance.
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HybridContract:Ahybridcontractcombinessomeoftheadvantagesofalease
withthoseofamanagementcontract.Theseareusuallyofshorterterm(5+/-years)
thanaleaseandshouldincludeabroaderprogramofrevenuesharing(alsorisk
sharing).Hybridcontractstypicallydonotincludelarge-scalecapitalimprovementon
thepartofthevendor,butsomemanagementcompaniesmaybewillingtoinclude
someofthecapitalimprovementrecommendationscontainedinthisreportin
exchangeforalonger-termcontractandhighermanagementfees.Theadvantages
anddisadvantagestothehybridcontractarebasicallythesameasthemanagement
contract,exceptthatthearrangementisgenerallymoreflexibleandprovidesfora
greatersharingofrevenuesandassumptionofriskbytheoperator.
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StevensCreekCorridorMasterPlan–Golf
CourseOptions
InthissectionweprovideasummaryoftwoconceptualplanoptionspreparedbyNGFandForrest
Richardson,ASGCAfortheBlackberryFarmsGolfCourse.Theseoptionswillbeconsideredaspart
oftheoverallStevensCreekCorridorMasterPlanbeingpreparedbyMIG,Inc.Preliminarycost
estimatesareincluded.
NGFConsultingwastaskedwithstudyingthepotentialtoimprovethegolffacilityinoneoftwo
approaches;(a)torenovatethefacilityinitscurrentfootprint,and(b)reconfigurethefacilityintoa
smallerfootprint.Thealternativetoceaseoperatingthegolffacilitywasnotapartofourscope,but
fallstoworkMIGisconductingonbehalfoftheCity.
Insummary,therearethreealternativeswithregardtothegolfcourse:
(a)Renovateusingthecurrentfootprint
(b)Reconfigureontoasmallerfootprint
(c)Convertthegolfcoursetoanalternativeuse
Accordingly,wehavetitledourproposedalternativeplans“ConceptualPlanA”and“Conceptual
PlanB”.Theseplansaresummarizedbelow(illustrationsandpreliminarycostestimatesarein
AppendixC)andformthebasisofproformaanalysisandnarratives.
OPTIONA
ConceptualPlanSummary
The‘OptionA’ConceptualPlancreatesslightadjustmentstotheroutingoftheexistinggolfcourse.
ThesechangesoccuratHoleNos.1and9whereseparationiscurrentlyverytightandconflicts
occurbetweenplayontheholes.Additionally,HoleNo.9(existing)isveryclosetopracticeareas
andtheexistingparkinglot.Theadjustmentshelpovercometheseissuesandrenderabetter
relationshipbetweenholesandtheclubhouse/parkingareas.
Allothergolfholesarefullyrebuiltandrenovatedwithexpandedgreens,rebuiltsandbunkersand
newdrainagethroughout.TheseimprovementsarenotdepictedontheConceptualPlan“A”exhibit,
butareaccountedforwithinthecorrespondingprobablecostestimate.
Under‘OptionA’,theexistingclubhouse/proshopandparkingareretainedintheircurrentlocation.
NGFConsultingrecommendssignificantrenovationorreplacementoftheagingproshopand
restaurantstructure.Itisourunderstandingthatportionsoftheexistingbuildingarelocatedwithin
knownfloodplainsandthattherearesignificantdeferredmaintenanceissuesthroughoutthefacility.
TheexistingmaintenancefacilityisretainedinitspresentlocationunderOptionA.Aproposed
irrigationwaterstoragetankislocatednearthisareaandisdepictedwithaconceptualelevation.
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UnderOption‘A’portionsofthecurrentturffootprintwouldbeconvertedtonativegrass.Bilfiltration
basins(lowlands)wouldgenerallyfollowthecurrentareaofabandonedpondsthatarelocatedtothe
westernedgeofthegolfcourse.Thesewouldbere-plantedwithappropriatenativegrasses.
HallmarksofOptionAinclude:
Fullyrebuiltgolfcourse
PolesandnettingareretainedexceptthatalongHoleNo.9,whichpotentiallycouldbe
removed
ShortergolfholesatHoleNos.1and9permitpracticeareaadditionsandofferbetter
separation
Newirrigationsystemwithelevated“farm”storagetank
Biofiltrationbasins(lowlandnativeareas)tocapturerunoff
Shortgameandplayerdevelopmentareafornewgolfersandtraining
Eight(8)hittingbaysforinstruction,fittingandpractice
1,430-yard,par-29course(slightlyshorterthanexisting)
NGFConsultingenvisionsthatthelayoutmaybeappropriateforFootGolfuses.Holesforbothgolf
andoffsetlargerholesforFootGolfmaybeaccommodatedonthecourse.
PlanOptionArepresentsarenovatedBlackberryFarmGolfCoursewithfullyre-builtfeaturesand
newturf,drainageandirrigation.Theoptiondoes not freeupspaceforparkimprovementsoranew
parkentrydrive.Essentially,thegolfcourseretainsiscurrentfootprintwiththeproshop,restaurant
andmaintenanceusesremaininggenerallyintheircurrentlocations.
AprobablecostestimatewaspreparedforOptionA.Thisestimateisjustover$2millionforgolf
courseconstructionandanewirrigationsystem(includingthewaterstoragetank).Additional
estimatesareshownforcontingencyandsoftcosts.Theprobablecostestimatedoes not include
razingorrenovationoftheexistinggolfbuilding.Thesecosts,whicharenotdetermined,require
furtherstudyincontexttooverallprojectplanningandapproaches.
ConstructiondurationforOptionAisestimatedtoextendonefullyear,ideallyfromMarchtoMarch
ofthefollowingcalendaryear.Constructiontimemaybeacceleratedbyaddingcosttotheproject
andfullysoddingturf(in-play)areas.NGFConsultingrecommendsfurtherstudytodeterminethe
benefitsofanacceleratedscheduleandwhethermorecostwouldresultinlessrevenuelossduring
downtime.Somegrow-incostshavebeenassumedintheprobablecostestimate,butitislikelythat
additionalcostsmayberequired.Thisbecomesamatterofhowmuchgrow-inresponsibilityis
assignedtothegolfcontractorvs.theCity’sgolfmaintenancecontractor.
OPTIONB
ConceptualPlanSummary
TheOptionBConceptualPlantransformstheexistinggolfcourseintoashorterpar-3layout.Tight
holewidthsareeliminatedandthefullyrebuiltgolfcourseisreconfiguredwithmodernsafetyset-
backsandappropriateseparationbetweenadjoininggolfholes.
Theexistingclubhouse/proshopandcurrentHoleNos.1and9areremovedfromthegolffootprint.
AnewproshopandgrillisshownontheconceptualplanintheareaoftheexistingRetreatBuilding.
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Iffeasible,weproposethemaintenancefacilityberelocatedwestofitspresentlocation,nearto
other“backofhouse”andparkmaintenanceareas.
OptionBallowsforanewparkandgolfentrydriveextendingfromStevensCreekRoadtothe
south,eliminatingparktrafficfromtheresidentialareastothesouth.Thealignmentforthenewentry
stayseastoftheexistingtreedriplineborderingStevensCreek.Theentrydrivemaybe
accommodatedwithnominaldisruptionofexistingparking,ormaycallforfullyreconfiguredparking.
Thisdetailistobedeterminedpendingfurtherstudyforthepark,poolandpublicuseswestofthe
golfcoursearea.TheplanwasdevelopedinconcertwithMIGaspartoftheoverallmasterplanning
andparkstudy.
Abenefitofthereducedfootprintofthegolfcourse(approximately15acresreducedto12acres)is
thatadditionalareasaremadeavailableforfutureparkuses.Theseusesmayincludeparkingatthe
northarea,immediatelysouthofStevensCreekRoad.
HallmarksofOptionBinclude:
Fullyrebuiltgolfcourse
Allgolfcoursepolesandnettingareeliminated(trailsidenettingremains)
Shortergolfholeswithlesserrantballstooutsideareas
Newirrigationsystemwithelevated“farm”storagetank
Biofiltrationbasins(lowlandnativeareas)tocapturerunoff
Shortgameandplayerdevelopmentareafornewgolfersandtraining
Eight(8)hittingbaysforinstruction,fittingandpractice
1,035-yard,par-27course
Returning“loops”allowingplayof3-,6-and9-holerounds
Elevatedteesatfourholes
Relocatedproshopandgrillprovideslongviewsacrossparkandgolfareas
NewparkandgolfentryroadfromStevensCreekBoulevard
NGFConsultingalsoenvisionstheshorterlayoutasbeingpotentiallybeingsufficientforFootGolf
uses.HolesforbothgolfandoffsetlargerholesforFootGolfmaybeaccommodatedonthe
reconfiguredgolfcourse,thoughthiswillhavetobestudiedfurther.
Theaccompanyingplan(Option“B”ConceptualPlan)depictsdetailtoindicateuses,golfareasand
thenewentrydrive.Abriefdescriptionofgolfholesisprovidedbelow:
Hole1 …Elevatedteesbegintheroundwithanorth-facingview.Thegreenisalarge,doublegreen
servingbothHoles1and9.Theconceptualplancallsfor“punchbowl”greenthatisdepressedwith
surroundingmoundsforminga“bowl”contour.
Hole2 …Theholeisashortshottoanislandgreensurroundedbythelowlandareatotheleftwith
sandbunkersencirclingtheelevatedputtingsurface.
Hole3 …Theteeshotisplayedamediumlengthtoaboomerangshapedgreenthatissetamongst
maturetrees.ThegreenisaBiarritz-type,definedbyalowswaleextendingthroughthemidportion
withhighertiersatthefrontandrear.
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Hole4 …Theholeisastraightawayshottoabottleneckshapedgreen.Thealignmentisthesame
asexistingHoleNo.2oftheoriginalcourse.
Hole5 …TheteeshotisplayeduphilltothesamegreensiteasexistingHoleNo.2oftheoriginal
course.Theuphillorientationcontraststotheotherholes,providinginterestanddiversityinshot
typesandterrain.
Hole6 …Roughlyaremakeoftheoriginalcourse’sHoleNo.3.Theholeflanksthesouthernedge
ofthegolfcourse,playingalongtheupperslopewithviewstothenorthandwest.
Hole7 …WithsharedteestoHoleNo.1,No.7playstoalargegreen.Shotscanrangefrom40
yardsto9yardsdependingonteeandholeplacement.Definingthisholearevariouspocketsand
plateausatthegreen
Hole8 …Thelongestoftheholes,theteesareslightlyelevatedandplayroughlytothesiteofthe
originalNo4hole.
Hole9 …PlayingacrossanativeareatothedoublegreensharedwithHoleNo.1,thefinishinghole
ofthenineholesdefinedbyalargemoundtotheleft.Thisfeaturepartiallyhidesthegreensurface,
makingapproachesinteresting.
TheoverridinggoalindevelopingthereconfiguredBlackberryFarmGolfCoursewastoestablisha
funandenjoyablegolfexperience.Purposefully,bothtoreducethegolffootprint(conservingwater
use)andtoreduceroundtimes,thepar-3holelengthsareshort,yetvariable.Playerswillbeableto
hitshotsrangingfrom175-yardstounder100-yards.
Inadditionto9-holerounds,playmaybeofferedat3-holeand6-hole“loops”byusingvarious
combinationsofholes.Forexample,theNo.6holereturnstotheproshopareaandmaybeplayed
asa6-holeloop.Othercombinationsare:1,2,9…7,8,3,4,5,6…and7,8,9.
AprobablecostestimatewaspreparedforOptionB.Thisestimateisjustunder$2millionforgolf
courseconstructionandirrigation(includingthewaterstoragetank).Additionalestimatesareshown
forcontingencyandsoftcosts.Theprobablecostestimatedoes not includerazingtheexistinggolf
building,norreconstructionofthegolfproshopandgrill.Thesecosts,whicharenotdetermined,
requirefurtherstudyincontexttotheoverallparkusesandpotentialthatthisbuildingmayserveas
ageneralCommunityBuildingwithonlyancillaryusesbythegolffacility.
Theprobablecostestimate does accountforrelocationoftheexistinggolfmaintenancebuilding.
Theconceptualplanshowsthisstructurerelocatedtoamore“back-of-house”areaofthepark.NGF
Consultingrecommendsthatconsiderationbemadetopotentiallyintegrateotherparkmaintenance
tothisrelocatedfacility,thusreducingoffsitetravelbyparkmaintenanceequipmentandpersonnel
whonowstoreandgobackandforthtoremotemaintenancefacilities.
ConstructiondurationforOptionBisestimatedtoextendonefullyear,ideallyfromMarchtoMarch
ofthefollowingcalendaryear.Constructiontimemaybeacceleratedbyaddingcosttotheproject
andfullysoddingturf(in-play)areas.NGFConsultingrecommendsfurtherstudytodeterminethe
benefitsofanacceleratedscheduleandwhethermorecostwouldresultinlessrevenuelossduring
downtime.Somegrow-incostshavebeenassumedintheprobablecostestimate,butitislikelythat
additionalcostsmayberequired.Thisbecomesamatterofhowmuchgrow-inresponsibilityis
assignedtothegolfcontractorvs.theCity’sgolfmaintenancecontractor.
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CONSIDERATIONS&RECOMMENDATION
Whenweighingtherelativemeritsofthetwoconceptualplans,NGFtookaccountofsomeofthe
followingkeyconsiderations.
RevenueEnhancements
AreaswhereNGFseesapotentialtoenhancerevenueinclude:
NewPracticeAreas(toattractmoreuseandintroducenewplayerstogolf)
ProvideTopQuality(greenssurfaces,turfconditions,etc.)
Integratefoodandbeveragetogolfuses,andopenthesetopark-goers
IntegrateFootGolfoverlaystobringnon-golferstothefacility
CostEfficiencies
AreaswhereNGFseesapotentialtoreduceorreprioritizecostsassociatedwiththegolffacilities
include:
ReduceManagedTurfFootprint(tosaveonwatercostandfocusmaintenanceeffort)
WaterSourceConversion(tolowerwatercost)
ReplaceAgingInfrastructure(toreduceannualcapitalcostsonemergencyrepairs)
BalanceofLandUse
InstudyinganddevelopingalternativesfortheCity,wehaveweighedthevalueofoperatinga
1,400-yard,par-29golfcoursevs.ashorter,allpar-3course.Whiletheremaytypicallybea
differenceinattractionandusebetweenan“ExecutiveCourse”anda“Par-3”course,theexisting
courseissoclosetobeingapar-3layout(andmaywellhavebeenwhenRobertMuirGraves
originallydesignedit)thatweseenomajordistinctioninattraction(orrevenue)betweenthesetwo
typesoflayouts.Infact,anargumentforanall-par-3coursecouldbemadethatitis(1)more
suitableeventothecurrentlysmallacreage,(2)wouldbemoreopenandlesscongested,and(3)
couldprovetobemorefunforawiderdiversityofgolfingabilities.
However,inordertocomparethisapproach,wealsostudyandforecastfor“ConceptualPlanA”.In
thisoptionthecurrentfootprintispreserved,asarethelocationsforclubhouse,parkingand
maintenance.
EnvironmentalOrientation
Bothoptionsprovidedorientthegolftoamorenaturalizedlandscape.Byconvertingtheoldpond
areastobiofiltrationbasins,andbyreducingturfthroughoutthecourselayout,lesswaterisrequired
andmaintenancecanbeaimedatgreens,teesandplayableareasofturf.Theadditionalbenefitisa
morepleasingaesthetic,andonethatcorrespondsbettertothenaturalareasoftheStevensCreek
valley.
Buildings&PublicUses
Considerablethoughtwasgiventoreuseandconversionofexistingbuildingsandspaces.As
evidentinbothplanoptions,certainusesareeitherpreservedinplaceorrelocated.Theseare
describedinthesummariesforeachconceptualplan.
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ExistingClubhouseandRestaurant:NGFConsultingdoesnotrecommendcontinueduseofthis
structureinitspresentconditionandformat.In“ConceptualPlanA”,whileweshowthearea
remaining,itisouropinionthatthebuildingmustbeentirelyrenovatedorrebuilt.Ideally,a
replacement(orrenovation)wouldconverttheusestoamoreintegratedprogrammingwheregolfers
cantakeadvantageoffoodandbeverage,parkgoerscanfeelcomfortableinthespace,andthe
neighborhoodwillalsowanttobeapartoftheoffering.Under“ConceptualPlanB”weshowthis
areaasfutureusefortheparkasexpandedparking.
ExistingRetreatHouse:NGF,workingwithMIG,recommendsunder“ConceptualPlanB”thatthis
siteberepurposedtohouseasharedpublicgrillandclubhousewithmeetingspace.Whileno
specificplanispresented,aconceptualbuildingfootprintandsiteareaisshownon“Conceptual
PlanB”.Wenotethatviewsandorientationofthissitearefarbetterthanthepresentclubhouse.
Demolitionofthishouse,andreuseofthesite,requiresfurtherstudyandanalysisbytheCity.
ExistingMaintenanceFacility:NGFrecommendsthatthisbuildingberelocatedunder“Conceptual
PlanB”.Inascertainingthefeasibilityforthiswecontactedtheoriginalbuilderwhoprovidedbase
budgetsfornewsitework,relocationandfinishing(interiorandutilities.)Ananalysisinmoredetail
shouldbemadetodeterminewhetherotherparkmaintenanceoperationsmaybeabletobe
integratedandsharedwithgolfmaintenance.ThismayproveefficientfortheCityandcouldsave
cost.
ParkAccess:Parkaccessviaanewentrydrivefromthenorthappearstobeamajorimprovement
thatcouldprovebeneficialtotheCity,itsparkusersandneighbors.Obviouslythisisaffordedonlyin
“ConceptualPlanB”asthereisnoroomtoadequatelymanageaccesswhilekeepingtheexisting
golffootprint.
Parking:Parkingunder“ConceptualPlanA”isretainedandthoughttobeadequateforgolfusesand
apotentialrestaurant/clubhouseconceptthatmaybedevelopedtoreplacewhatexistsnow.Under
“ConceptualPlanB”weenvisiontransferringparkingfromexistingareastothesouthtothearea
nowoccupiedbygolfandrestaurantparking.Newparkingintheareaoftheexistingparkingforthe
BlackberryFarmpoolandpicnicareawouldalsobeaddedtothedegreenecessary.Furtherstudy
onthetransferandrequiredparkingneedsisrecommended.
WaterSourceConversion(Assumptions)
Inordertoprovideforecastsforwateruseandcost,Mr.RichardsonworkedwithRussellD.Mitchell
&Associates,whichhaspreparedaschematicredesignoftheirrigationsystemforBlackberryFarm
GC.Whilethisplanmaynolongerbepertinent(toalternativeplansofthisreport)wecandeduct
waterusageandestimatereducedusagewithlessturfbeingirrigatedfrompreviouscalculationsby
Mitchell.
Currentwateruseisroughly35a.f.peryear(1a.f.=326,000gal.x35=11,410,000gal./yr.)aftera
20%reductionimposedontheCityin2014.Additionalreductionshavebeenself-imposed,bringing
annualreductionstonearly30%ofpreviousyears.Roughly11milliongallonsarenowabaselinein
termsofwateruseatthecurrentfacility.
AccordingtothewellreportprovidedbytheCity,theexistingandavailablewellislikelytoproduce
166GPMor49,800gallonsduringa5-hourwateringwindow.Thewellwillproducemoreifthe
wateringwindowisexpanded.Followingasimilarwaterusagecalculationthatwassetforthinthe
report,areducedturffootprintundereitherconceptualplan(AorB)willrequirethefollowingstorage
reservoirtomanagewateravailability:
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ConceptualPlanA:
Operationofthesystemtoirrigate7.5acresofturfwillrequireapproximately80,000gallonsper
day.Therefore,toirrigatethecourseareservoircapableofholdingthedifference(80,000–49,800
=30,200gals.)willberequired.Ifthewateringwindowwereextendedto8hoursfromthe5hours
listedinthereport,orifthewellwouldproduceagreaterflowthantheestimated166GPM,the
storagereservoircouldbesmaller.
Conclusion:Forplanningpurposes,webelievea30,000gallonstoragereservoirisrequiredto
accommodatethisturffootprint.Actualsizetobeconfirmedviaadetaileddesignandanalysis.
ConceptualPlanB:
Operationofthesystemtoirrigate5.5acresofturfwillrequireapproximately70,000gallonsper
day.Therefore,toirrigatethecourseareservoircapableofholdingthedifference(70,000–49,800
=20,200gals.)willberequired.Ifthewateringwindowwereextendedto8hoursfromthe5hours
listedinthereport,orifthewellwouldproduceagreaterflowthan166GPM,thestoragereservoir
couldbesmaller.
Conclusion:Forplanningpurposes,webelievea20,000gallonstoragereservoirisrequiredto
accommodatethisturffootprint.Actualsizetobeconfirmedviaadetaileddesignandanalysis.
Note(1):NGFshowseithera20,000gallonor30,000gallonelevatedstoragetankintheconceptual
plansandprovidesanestimatedcostforthistypeoftankreservoir.Duetoevaporation,potential
leakingofwaterintotheStevensCreekaquifer,andissuesassociatedwithdraw-downofpond
waterlevels,wedonotrecommendrefurbishmentofthepondsasuseforstoringwaterforirrigation.
Note(2):Fallisagoodtimetohaveawellconsultantperformanewpumptest,butonlyto
determinewhatmaximumGPMcouldbeobtained.Withdryyearsexperiencedrecently,thiswould
beaprudentcourseofactionfortheCity.Wenotethatthe166GPMwasnotactuallypumped,but
wascalculatedfromatestat50GPM.NGFrecommendstheCityundertakethisupdatedtestingin
concertwithotherduediligenceofwellfees,verificationofwellreactivationcosts,securing
authorizations,etc.
Recommendation
OurworkinvolvedtimewithMIGtounderstandgoalsandobjectivesthathavecometothesurface
astheCityandpublicaddresseslongtermusesandimprovementtotheentireStevensCreek
Corridorarea.TheoutcomeofmeetingsandplanningsessionswithMIGyieldedseveralareasof
focusforourgolfcourseplanningwork.Specifically,werecommendtheCityseek:
(i)SolutionstoprovideaccesstotheBlackberryFarmpicnicandpoolareas(potentiallyfromthe
north,throughthegolfcourse)thatmayaugmentorreplacethecurrentaccessthroughresidential
neighborhoodstothesouthandeast.
(ii)Waystoremovethetallpolesandnettingthatdisruptviewsandtheaestheticofparkareas.
(iii)WaystointegratethegolflandscapewiththatofStevenCreekandtheBlackberryFarmpark
areasetting.
(iv)Opportunitiestohavegolfandparkamenitiessharedbetweenuses(suchasclubhouse,
restaurant,etc.)
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(v)Preservationoftreedrip-lines,trailsandparkaccess.
(vi)Freeingupanyavailableacreagefornon-golfusesthatcouldservethepark.
Wehaveaddressedeachofthesepointsinproposed“ConceptualPlanB”,whereeachgoalhas
beenaccommodatedthroughreconfigurationofthegolfasset.“ConceptualPlanA”,whichleaves
thegolffootprintinitscurrentarea,addressesonlyafewpointsasthereisnoflexibilitytofreeup
spaceorallowfornewpointsofaccess.TheCityhasonlysomuchlandinthisrichopenspace
area.NGFisverycomfortablerecommending“ConceptualPlanB”,whichdeliversareduced
footprintbyconvertingthecoursetoapar-3layoutandforegoingthetworelativelyshortpar4holes
ofthecurrentlayout.
Amongitemsthatrequirefurtherstudybeforeadefinitivecourseofactionischosen:
RetreatHouse:Demolitionofthishouse,andreuseofthesite,requiresfurtherstudyand
analysisbytheCity.
MaintenanceFacility:Amoredetailedanalysisshouldbemadetodeterminewhether
otherparkmaintenanceoperationsmaybeabletobeintegratedandsharedwithgolf
maintenance.
ParkAccess:PotentialimpactsoftheproposednewentrydrivefromStevensCreek
Boulevard.
Parking:Furtherstudyonthetransferandrequiredparkingneeds.
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FinancialProjections
forBlackberryFarmGolfCourse
BelowwepresentsummarycashflowmodelsforthecontinuedoperationofBlackberryFarm
GolfCourseunderthreescenarios:(1)“AsIs”withcurrentconfiguration,amenities,and“band
aid”approachtoimprovements(wehavenotassumedreplacementoftheirrigationsystem;if
thesystemisreplaced,watercostsavingswilllikelyresultandmoreroundsmayresultfrom
improvedconditions);(2)AssumingimplementationofConceptualPlan‘A’;(3)Assumptionof
implementationofConceptualPlan‘B’.Wealsoassumethecurrentoperatingstructureunder
allthreescenariosandthatkeyNGFConsultingrecommendations(marketing,etc.)are
implemented.Themodelsdonottakeintoaccountthenetfinancialeffectofthefacilitybeing
closedforayear.Also,estimatesforpotentialFootGolfrevenuesarenotincludedunderany
scenario,asfurtherstudyisrequiredtoseeifBFGCisagoodfitforthisuse.
Thefive-yearcashflowmodelswerepreparedinconsiderationofourreviewofcurrent
operations,recenthistoricalperformance,analysisofthegolfmarket,andlocalandregional
demographicandeconomicfactors(e.g.,expansionofAppleemployment).Themodelsare
basedonasetofassumptionsthatmayormaynotbecomereality,butNGFbelievesthatthey
representa“reasonable”estimateofperformanceforthisfacilitybasedonthefactorsdiscussed
inthisreport.
FollowingarethegeneralassumptionsthathavebeenusedinthedevelopmentofNGF’scash
flowmodelsfortheoperationofBlackberryFarmGolfCourseovertheFY2015throughFY
2019period.(Allfiguresareexpressedin2014dollars).ForOptions‘A’and‘B’,modelsare
presentedasYear1throughYear5,toreflectthefirstfivefullyearsafterfacilityreopening.
STATUSQUOOPERATION
Assumptions–RoundsandRevenues
RoundsplayedestimatesassumerecoveryinFY15toFY13levels,thenaslow
declinethroughFY19toreflectthecontinuedagingoftheinfrastructureandfacility
becomingevenlessmarketable.
AveragegreenfeerevenueperroundisequaltofirstquarterFY15results.Thisper-
roundaverageisassumedtofallby2%eachyeartoreflectthecontinuedneedto
discountfeestoattractplay.
Rentalrevenueperroundisbasedonrecentfour-yearaverageisheldsteadyat.51
perroundthroughoutthefiveyears.
Grossproshopconcessionandgrosslessonrevenues,aswellascorresponding
paymentstoCity,arebasedonactualFY14results.ThoughNGFrecommends
replacingtheexistingBluePheasantbuildingwithanewgolf-centricbuilding,we
haveassumedforpurposesofthisanalysisthattherestaurantwillconsidertoserve
astheclubhouseduringthesubject5-yearperiod.
‘Other’revenuesreflectafive-yearaverageofinvestmentearnings+miscellaneous
revenue.Theseareheldsteadythroughthefive-yearperiod.
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Assumptions–Expenses
Forthispreliminaryfinancialanalysis,we’vemadeestimatesforCityoperatingexpensesbased
onrecentactualoperatingresultsforBlackberryFarm,currentbudget,NGFexperience,and
continuationofcurrentcontractsandtermsinplace.
FY15operatingexpensesgenerallymimictheFY15recommendedbudgetsupplied
toNGF,withtheexceptionthatanon-recurringchargeof$37,000forfacility
improvementswasexcluded.
WatercostsinFY15areprojectedat$64,000,growingat5%annually.These
increasesarenotintendedtoreflecttheactualincreasesthatmaybehandeddown
bySanJoseWaterCompany.
Costallocation,at$71,000,expenseisheldsteadythroughthe5-yearperiod.All
otheroperatingexpensesareassumedtogrowat2.5%annually.
Maintenanceandrepairexpensesinadditiontonormalmaintenancemaybe
necessaryduringthecourseofoperatingahighqualitygolffacility.However,for
purposesofthisanalysis,NGFhas not assumedacapitalimprovementset-aside
fundforBlackberryFarmGolfCourse.
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CashFlowStatement
NGFConsultingutilizedthepreviouslymentionedassumptionstocreatethepreliminarysketch
proformabelow.Eachcategoryofrevenuehasbeenlistedseparately,andallfigureshave
beenroundedtothenearest$100forsimplicity.
BlackberryFarmGolfCourse
ProForma'AsIsOperation'
FY2015-2019
FiscalYear
2014-2015
FiscalYear
2015-2016
FiscalYear
2016-2017
FiscalYear
2017-2018
FiscalYear
2018-2019
RoundsofGolf 29,00028,00027,00026,00025,000
GreenfeerevenueperRound11.5611.3311.1010.8810.66
RentalsperRound 0.510.510.510.510.51
GrossConc.Rev.perRound 0.590.590.590.590.59
GrossLessonRevenue 11,20011,20011,20011,20011,200
Revenues
GreenFees 335,200317,200299,800282,900266,600
Rentals 14,80014,30013,80013,30012,800
ConcessionPaymenttoCity4,8004,7004,6004,5004,500
Other 2,8002,8002,8002,8002,800
TotalRevenues 357,600 339,000 321,000 303,500 286,700
OperatingExpenses
Personnel 191,000195,800200,700205,700210,800
Materials&Supplies 11,00011,30011,60011,90012,200
WaterUsage 64,00067,20070,60074,10077,800
Services 240,000246,000252,200258,500265,000
Other 40,00041,00042,00043,10044,200
Costallocation 72,00072,00072,00072,00072,000
TotalOperatingExpenses 618,000 633,300 649,500 665,300 682,000
NetOperatingIncome (260,400)(294,300)(328,100)(361,800)(395,300)
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Results
TheresultsofNGFConsulting’spreliminarycashflowprojectionshowthatBlackberryFarm
GolfCourse,withcurrentmarketpositioningandoperatingstructureandonlyminorfacility
improvementsona“triage”basis,isprojectedtogenerateapproximately$358,000intotal
operatingrevenuestotheCityinFY2015,fallingtoapproximately$287,000byFY2019.
ConsideringallpreliminaryexpenseestimatespreparedbyNGFConsulting,netlossestothe
City(exclusiveofcapitalimprovementcosts)willbeabout$260,000inFY15,growingtoabout
$395,000byFY19.Thesedeficitscouldbesignificantlyhigherwithincreasesinthecostof
waterand/orcostallocation.
OPTION‘A’
Assumptions
OptionArepresentsarenovatedgolfcoursewithfullyre-builtfeaturesandnewturf,drainage,
andirrigation.Roundsplayedprojectionsreflecttheseimprovementsaswellasanimproved
aestheticforthecourse.Onlythoseassumptionsthatdifferfromthe‘AsIs’basescenarioare
listedbelow.
RoundsplayedinYear1post-renovationareprojectedat30,000,growingto34,000
roundsatstabilization.ThisbringsroundsbacktothelevelachievedinFY11;NGF
believesthisisaconservativeandrealistictarget.
Averagegreenfeerevenueperroundalsorecoverstotheapproximate$12.50
achievedintheFY11throughFY13period,primarilyasaresultofreduced
discounting.Thisper-roundaverageisassumedtoriseto$13forYear3andYear4,
andto$13.50forYear5.
Grosslessonrevenuesareincreasedto$20,000inYear1,reflectingimproved
practiceamenities.Theserevenuesareprojectedtogrowat2.5%annually.
DespitethereducedfootprintandmoreefficientgolfcourseunderbothOptionsA
andB,weassumeanysavingswillbeappliedtowardahighermaintenance
standard.Therefore,operatingexpensesareprojectedasthesameasthebase
scenario.Theexceptioniswatercost,whichisreducedfromthecurrentbudgetof
$64,000to$42,000toreflectapproximate10%savingsduetonewirrigationsystem,
and25%reductioninusageduetomaintainableareadecliningfrom10acresto7.5
acres.Watercostisprojectedtogrowat5%annually.
Results
(CashflowstatementisinAppendixD)
TheresultsofNGFConsulting’spreliminarycashflowprojectionforBlackberryFarmGolf
CourseunderrenovationOption‘A’showthecoursegeneratingapproximately$400,000intotal
operatingrevenuestotheCityinYear1post-renovation,increasingtoapproximately$487,000
byYear5.ConsideringpreliminaryexpenseestimatespreparedbyNGF,netlossestotheCity
(exclusiveofcapitalimprovementcosts)willbeabout$196,000inYear1,fallingtoabout
$169,000byYear5.Thisresultreflectsandimprovementofmorethan$226,000overthe
statusquo‘AsIs’scenario,astheattritioninroundsandaveragerateisreversedduetoan
improvedproductandinfrastructure.
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OPTION‘B’
Assumptions
Option‘B’representsafullyrenovatedandreconfiguredgolfcourse(nowPar3)withfullyre-
builtfeaturesandnewturf,drainage,andirrigation.Roundsplayedprojectionsreflectthese
improvementsaswellasanimprovedaestheticforthecourse.Thoughthecourseisnow
shorter,itoffersafurtherreducedmaintainablefootprint,more‘roomtobreathe’andmore
flexibility,withtheaddedappealof3-holeand6-holeloopsforbeginners,peoplelookingfora
quickpracticeround,and/ortime-constrainedgolfers.Also,thecourseunderOption‘B’willnow
bemuchmoresynergisticwithoverallparkuses(e.g.,picnicandpoolareas),encouraging
cross-pollinationofpatrons.Finally,anewgolf-centricclubhouseshouldnotonlyboost
concessionrevenues(includingperhapsanewdedicatedF&Bconcession),butalsotheoverall
appealofthegolfcourse.
RoundsplayedinYear1post-renovationareprojectedat33,000,growingto40,000
roundsatstabilization.Thisactivitylevelisstilllessthanthatachievedasrecentlyas
FY10.NGFbelievesthisisaconservativeandrealistictarget,especiallygiventhat
therewillalsobeanumberof3-and6-holeroundsplayed.
Averagegreenfeerevenueperroundisreducedto$11.50,onedollarlessthan
projectedforOptionAtoreflectsomesalesof3-and6-holerounds.Thisper-round
averageisassumedtoriseto$12forYear3andYear4,andto$12.50forYear5.
Grosslessonrevenuesareincreasedto$25,000inYear1,reflectingimproved
practiceamenities.Theserevenuesareprojectedtogrowat2.5%annually.
AnewlineitemforFood&BeverageConcessionRevenueisaddedtoreflectthe
newclubhousebuilding.GrossF&Brevenuesareprojectedat$1.50perround,
growingat5%annually.TheCityisassumedtoreceive10%ofgrossrevenuesasa
concessionpayment.
Operatingexpensesareprojectedasthesameasthebasescenario.Theexception
iswatercost,whichisreducedfromthecurrentbudgetof$64,000to$29,000to
reflectapproximate10%savingsduetonewirrigationsystem,and45%reductionin
usageduetomaintainableareadecliningfrom10acresto5.5acres.Watercostis
projectedtogrowat5%annually.
Results
(CashflowstatementisinAppendixE)
TheresultsofNGFConsulting’spreliminarycashflowprojectionforBlackberryFarmGolf
CourseunderrenovationOption‘B’showthecoursegeneratingapproximately$412,000intotal
operatingrevenuestotheCityinYear1post-renovation,increasingtoapproximately$540,000
byYear5.ConsideringpreliminaryexpenseestimatespreparedbyNGF,netlossestotheCity
willbeabout$171,000inYear1,fallingtoabout$99,000byYear5.Thisresultreflectsand
improvementofstabilizednetincomeofmorethan$296,000overthe‘AsIs’scenario,and
$69,500overOption‘A’.
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Appendices
AppendixA–BlackberryFarmGolfCourseRecentActivity
AppendixB–ScheduleofGolfCourseFees
AppendixC–ProbableCostEstimates&ConceptualSitePlans
AppendixD–ProFormaOption‘A’
AppendixE–ProFormaOption‘B’
AppendixF–FootGolf
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APPENDIXA–BFGCROUNDSPLAYEDRECENTHISTORY
BlackberryFarmGolfCourse
RevenueBreakdown
FY2008/09 FY2009/10FY20010/11FY20011/12FY20012/131 FY20013/142
Rounds #ofrnds
%of
total
#of
rnds%oftotal
#of
rnds
%of
total
#of
rnds
%of
total
#of
rnds
%of
total
#of
rnds
%of
total
ResidentCashRounds:7,87816.01%6,38614.86%4,38312.99%4,50214.26%4,22514.13%4,368 17.76%
Non-ResidentCashRounds17,63935.86%15,47336.00%11,20133.19%10,72833.98%9,80832.81%5,992 24.36%
AnnualRounds:5,60811.40%5,01911.68%3,87611.48%3,0939.80%2,2857.64%1,596 6.49%
PassRounds6361.29%5761.34%4681.39%4811.52%3581.20%330 1.34%
Buyonegetonediscountbook:4150.84%4170.97%4241.26%3201.01%2730.91%114 0.46%
QuickPassRounds:14,76230.01%12,70129.55%11,91935.31%9,96931.58%8,42628.19%6,652 27.05%
CouponRounds*:7921.61%5651.31%3521.04%2100.67%1510.51%167 0.68%
Online:0.00%0.00%2,9569.89%3,809 15.49%
YouthonCourseRounds:1,1862.41%1,3283.09%7622.26%6682.12%6252.09%687 2.79%
TournamentRounds*:2780.57%5201.21%3661.08%6982.21%7472.50%581 2.36%
DailyDeal/Yelp1/Groupon2 Rounds:0.00%8982.84%390.13%298 1.21%
Totals:49,194 100.00%42,985 100.00%33,751 100.00%31,567 100.00%29,893 100.00%24,594 98.79%
*IncludesResidentandNon-Residentrounds
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BlackberryFarmGolfCourse
5yearroundscomparisonbymonth
FY2008/09FY2009/10FY2010/11FY2011/12FY2012/13FY2013/14
PlayerTotalPlayerTotalPlayerTotal Player
Total PlayerTotalPlayerTotal
July 5,937 5,578 4,4313,8043,799 3,161
August 5,880 5,158 4,3743,6273,478 2,734
September4,754 4,450 3,4222,7933,018 1,791
October 4,130 3,776 2,9132,7592,314 1,710
November3,516 3,529 2,2111,8941,761 1,606
December2,583 2,153 1,4682,0531,275 1,208
January 3,035 1,932 2,0141,8251,506 1,641
February 2,049 2,171 1,8012,0861,907 1,200
March 3,240 2,961 1,7721,8082,337 1,880
April 4,118 3,056 3,0302,4422,657 2,087
May 5,047 4,053 3,1453,0642,895 2,577
June 4,905 4,168 3,1703,4122,946 2,999
Total 49,194 42,985 33,751 31,567 29,893 24,594
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APPENDIXB-SCHEDULEOFGOLFCOURSEFEES
BlackberryFarmGolfCourse
RatesChart
Priorto2010
ResidentsofCupertino:
Adult SeniorsJuniors
Weekday $13.00 $12.00 $12.00
Weekend/Holidays $15.00 $15.00 $12.00
Replays $9.00 $9.00 $9.00
Non-Residents:
Adult SeniorsJuniors
Weekday $15.00 $14.00 $14.00
Weekend/Holidays $17.00 $17.00 $14.00
Replays $11.00 $11.00 $11.00
RatesEffectiveJuly1,2010
ResidentsofCupertino:
Adult SeniorsJuniors
Weekday $15.00 $14.00 $14.00
Weekend/Holidays $17.00 $11.00 $11.00
Replays $11.00 $11.00 $11.00
Non-Residents:
Adult SeniorsJuniors
Weekday $17.00 $16.00 $16.00
Weekend/Holidays $19.00 $19.00 $16.00
Replays $13.00 $13.00 $13.00
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BlackberryFarmGolfCourse
RatesChart
Multi-PlayPasses
RatesEffectiveJuly1,2010
Weekday
Senior
Res.
Weekday
Adult
Res.
Weekday
Senior
NR
Weekday
Adult
NR
Weekend
Res.
Weekend
NR
Per
Round
#Plays Savings $14 $15 $16 $17 $17 $19
10 $1 $130 $140 $150 $160 $160 $180
20 $2 $240 $260 $280 $300 $300 $340
30 $3 $330 $360 $390 $420 $420 $480
40 $4 $400 $440 $480 $520 $520 $600
50 $5 $450 $500 $550 $600 $600 $700
SuperPasses
Valid-7daysaweek
Semi-Annual Annual
Resident$595.00 Resident$1,175.00
Non-Resident$700.00 NonResident$1,315.00
WeekdayPasses
GoodonWeekdaysOnly(NotvalidSat.,Sun.orHolidays)
SemiAnnual Annual
SeniorResident $520.00 $965.00
RegularResident $610.00 $1,040.00
SeniorNon-Resident$575.00 $1,135.00
RegularNon-
Resident $645.00 $1,225.00
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APPENDIXC–PROBABLECOSTESTIMATES&CONCEPTUALPLANS
Option‘A’-ConceptualPlan
{Note:ImagedoesnotcontainlatesttopoandwillbeupdatedforFinalReport}.
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Option‘A’-ProbableCostEstimate
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Option‘B’-ConceptualPlan
{Note:ImagedoesnotcontainlatesttopoandwillbeupdatedforFinalReport}.
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Option‘B’-ProbableCostEstimate
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APPENDIXD–PROFORMAOPTION‘A’
BlackberryFarmGolfCourse
ProFormaOption'A'
Year1-Year5
Year1 Year2 Year3 Year4 Year5
RoundsofGolf 30,00032,00034,00034,00034,000
GreenfeerevenueperRound12.512.5131313.5
RentalsperRound 0.510.510.510.510.51
GrossConc.Rev.perRound0.590.590.590.590.59
GrossLessonRevenue 20,00020,50021,00021,50022,000
Revenues
GreenFees 375,000400,000442,000442,000459,000
Rentals 15,30016,30017,30017,30017,300
ConcessionPaymenttoCity6,7006,9007,2007,3007,400
Other 2,8002,8002,8002,8002,800
TotalRevenues 399,800 426,000 469,300 469,400 486,500
OperatingExpenses
Personnel 191,000195,800200,700205,700210,800
Materials&Supplies 11,00011,30011,60011,90012,200
WaterUsage 42,00044,10046,30048,60051,000
Services 240,000246,000252,200258,500265,000
Other 40,00041,00042,00043,10044,200
Costallocation 72,00072,00072,00072,00072,000
TotalOperatingExpenses 596,000 610,200 624,800 639,800 655,200
NetOperatingIncome (196,200)(184,200)(155,500)(170,400)(168,700)
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APPENDIXE–PROFORMAOPTION‘B’
BlackberryFarmGolfCourse
ProFormaOption'B'
Year1-Year5
Year1 Year2 Year3 Year4 Year5
RoundsofGolf 32,00036,00039,00039,00039,000
GreenfeerevenueperRound 121212.512.513
RentalsperRound 0.510.510.510.510.51
GrossF&BConc.Rev.perRd.1.51.581.651.741.82
GrossProShopConc.Rev.perRd.0.590.620.650.680.72
GrossLessonRevenue 25,00025,60026,20026,90027,600
Revenues
GreenFees 384,000432,000487,500487,500507,000
Rentals 16,30018,40019,90019,90019,900
F&BConc.PaymenttoCity4,8005,7006,4006,8007,100
ProConcessionPaymenttoCity7,8008,5009,0009,4009,700
Other 2,8002,8002,8002,8002,800
TotalRevenues 415,700 467,400 525,600 526,400 546,500
OperatingExpenses
Personnel 191,000195,800200,700205,700210,800
Materials&Supplies 11,00011,30011,60011,90012,200
WaterUsage 29,00030,50032,00033,60035,300
Services 240,000246,000252,200258,500265,000
Other 40,00041,00042,00043,10044,200
Costallocation 72,00072,00072,00072,00072,000
TotalOperatingExpenses 583,000 596,600 610,500 624,800 639,500
NetOperatingIncome (167,300)(147,200)(104,400)(105,200)(99,200)
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APPENDIXF–FOOTGOLF
FootGolfisacombinationofthepopularsportsofsoccerandgolf.Thegameisplayedwitha
regulation#5soccerballatagolfcoursefacilityonshortenedholeswith21-inchdiametercups.
Theruleslargelycorrespondtotherulesofgolf.FootGolfasagameisplayedthroughoutthe
worldinmanydifferentforms.TheAmericanFootGolfLeague(AFGL)isorganizing
tournamentsthroughoutthecountryworkingwithgolfcoursestobringFootGolftotheirclubsas
anotheravenueforrevenueandtodevelopthegamefurther.
FootGolfisgrowingrapidlyaroundtheU.S.andNGFisstartingtoseethisactivityasan
excellentwaytoenhancerevenuesandcreatenewutilizationatgolfcoursesduringoffpeak
periods.FootGolfcanalsobeanexcellentwaytointroducepeopletotraditionalgolf,asthetwo
sportsarealmostidenticalinrulesandscoring.ThereisoftenmisunderstandingaboutFootGolf
andgolfcourseoperatorsshouldknowthat:
FootGolfismostpopularwithyoungadults(18-30),asopposedtochildren.
AFootGolfcoursecouldco-existwithatraditionalgolffacilitywithoutanydirect
interferencewiththetraditionalgolfholes.
FootGolfholesarenotlocatedongolfcoursegreens,butrathermostlyofftotheside
inroughsorgenerallyunder-usedspotsinfairways.
TheFootGolfcourseand21-inchholescanalsobeusedfortraditionalgolf
beginnerswhenFootGolfisnotbeingplayed.
FootGolfersprefersmoothercourses,withflat“greens.”Theareaaroundthe21-inch
FootGolfholesdoesnotneedtobecutshortor“green-like”
FootGolferswillplaymuchfasterthantraditionalgolfers,usuallyaround5-7minutes
perhole.
ThetotalareaforFootGolfwillbemuchsmallerthantraditionalgolf.Agoodlength
forFootGolfisaround3,000to3,500yards.Par-3holesarearound80yardsorless,
Par-4holes120-190yardsandpar-5holesat220+yards.
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DECEMBER 2014
INTRODUCTION
An online survey was conducted to measure community interest and preferences for three proposed
alternatives for Stevens Creek Corridor. The open house provided the public with an opportunity to examine
and comment on options for park designs, the golf course, Stocklmeir Ranch, community gardens, play areas
and pools. Participants also had the opportunity to provide further comments regarding the alternatives and
individual elements contained within the alternatives. The questionnaire was linked to the project website and
made available to the public for one month between November 6 and December 4, 2014, and gathered 349
responses. Where percentages are provided below, they refer to the total number of participants who
responded to that particular question.1
PARK DESIGN OPTIONS
Participants were asked questions regarding three proposed design alternatives for Stevens Creek Corridor.
When asked which design was their favorite, slightly more than one-third of all participants chose Option C.
This was more than the combined number of participants who chose Option A or Option B. For each
alternative, additional questions were asked to provide feedback on why a particular option was preferred. A
summary of feedback received for each option follows.
1 Where participants were able to choose more than one response, percentages may not equal 100%.
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A comparison of the responses for each of the three options is highlighted in the following figure:
Option A
A total of 13% of participants identified Option A as their favorite design.
Why is this design your
favorite option? A B C
I like the intensity of
development in that option. 16% 50% 28%
I like the park facilities and
activities offered in that option. 87% 66% 35%
Other responses included:
good support for the community garden
engages more people
love the volleyball area
more family friendly
most democratic and community-oriented
What are your favorite features for this option?
Responses included:
obstacle challenge course
better use of the existing golf course space for recreational
activities
greater variety of recreational activities
expanded destination pool for year-round use
destination play area
adventure play area
expanded McClellan Ranch
Golf Course does not meet the future needs of the
changing demographics in Cupertino, should be removed
to reflect the needs of the next-generation
lap swimming
climbing structures and adventure course
more attractions for the youth
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Blackberry Golf Course is not environmentally friendly;
so much water is used every day to get the grass green,
and it is unnecessary with Deep Cliff Golf Course
fresh and new
multi-use sports fields
no single feature stands out, per se, but the variety of
features in Option A best reflect the wide - but changing -
demographics of Cupertino residents and what they will
want or need in coming years
survival skills
walkways connecting McClellan Ranch to Blackberry
Farm to Stevens Creek Blvd.
Option B
A total of 13% of participants identified Option B as their favorite design.
Why is this design your
favorite option? A B C
I like the intensity of
development in that option. 16% 50% 28%
I like the park facilities and
activities offered in that
option.
87% 66% 35%
Other responses included:
keep trees on golf course
keep existing golf course
golf course opened up for wider audience
no sports fields with lights
expanded community gardens
pasture land has inhospitable weeds and thistle, put good
topsoil to better use with low impact use
multi-use sports fields are too much
Option A will generate excess traffic
pool facility is ok
Option B but with no golf course
What are your favorite features for this option?
Responses included:
removing the Blue Pheasant and putting in a more
suitable facility to serve the families of Cupertino
love the adventure/nature unstructured play areas for
children
new McClellan Rd. entry point and parking
nature and off-road bike play areas
new entrance off of Stevens Creek Blvd.
possible wedding venue (house-as-kitchen) of Option A
enhanced pool facilities
natural play areas
bike skills area
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medium density development a good compromise
Golf Course improvements
keeping characteristics of the existing site but making
improvements with less intense development than Option
A, but a quite a bit more improvement over Option C
improvements to the 4-H area (would like to see the bees
included as in Option C)
improved access from Stevens Creek Blvd. without
moving the pool
seasonal bridge/trail that runs on the west side of the
creek, making a nice loop hike from McClellan Ranch
least amount of development, most open space/wooded
areas of the three options
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Option C
A total of 37% of participants identified Option C as their favorite design.
Why is this design your
favorite option? A B C
I like the intensity of
development in that option. 16% 50% 28%
I like the park facilities and
activities offered in that
option.
87% 66% 35%
Other responses included:
it doesn't disrupt the beauty of the park
most consistent with original vision for this corridor
leave the golf course, fix it
put money into fixing McClellan Ranch such as better
trails, community garden etc.
take care of what is there now before doing anything else
retain the Blue Pheasant
it is a lovely park in its current form, pause to determine
how the community reacts to it
least invasive to the wildlife in this corridor yet it still
enhances the area
keep the golf course
limit the number of people and traffic in Oak Hill Porch
area
the low intensity option is best for our community.
no vehicle access from Stevens Creek Blvd.
would like to see facility improvements focused on the
already developed areas
would like increased habitat restoration throughout
corridor
would like community gardens and nature play areas in
other parts of town
FULL restoration of Stocklmeir
wait several years to see how new trail and environmental
education center impacts visitor numbers before adding
more development
this option has the least development and changes, from
existing park
this option is the least offensive and there was no option
to choose none of them, open space is extremely precious
and you are replacing it
we have enough traffic burden on Stevens Creek Blvd.
we need more green area for the increasing residents, not
less
What are your favorite features for this option?
Responses included:
creek and native plant restoration in areas that were not
restored by Phase 1 & 2, particularly McClellan Ranch
Preserve
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continuation of Stocklmeir orchard, use of land for farm
and garden educational opportunities
restoration of historic buildings in McClellan Ranch
seasonal wetlands created in golf course, restoration and
repair of golf course
community gardens need new fencing and plumbing
no picnicking - McClellan Ranch is a nature preserve, not
a park, Blackberry Farm has a picnic area
change the area close to the Deep Cliff golf course into
more of a park/natural area, with some overflow parking
there are already enough trails/footpaths in the park
current level of development best but with attention to
historic Stocklmeir House and McClellan Ranch Barn
delighted by the restoration of the stream and ongoing
native plant restoration and would like to see this
expanded
care of already restored areas is a priority so Bermuda
grass and other invasives don't take over again
picnic pavilion by Blackberry Farm area for year round
use, provide shade in summer and protection from rain in
winter
trail to McClellan from Scenic Circle on west side of the
creek
improving existing facilities, like the McClellan Ranch
barn
maintaining how the overall corridor felt many years ago
habitat restoration in the options, would like to see more
of it in McClellan Ranch West and other less-used parts of
the park
turning the Stocklmeir property into an educational-
environmentally sustainable facility
support keeping the golf course
add "foot golf" to attract younger users as well
important to have facilities for all ages, and retired people
are among those who love golf, it balances out the entire
plan from a recreational standpoint
prefer emphasis on the more natural and historical aspects
of Stevens Creek Corridor
do not agree that every opportunity of space has to be
"development" or a "most used" scenario
believe Cupertino's development plan should actively
preserve open space, especially in the environmentally
sensitive corridor of Stevens Creek
strongly favor retention of the golf course in essentially its
present form and footprint (pitch & putt / Option B
would be a downgrade in desirability)
favor minimal additional development throughout the
corridor
this is a unique area that can't be duplicated elsewhere in
Cupertino, sports fields and other developed play areas
(Option A) already exist in many city parks and other
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areas of Cupertino; no need to eliminate the unique
amenities that already exist here in this large tract (e.g.,
golf course, natural open space) in order to just add
facilities (sports fields, developed play areas) that are
available in many neighborhoods throughout the city
retain the Blackberry Farm Golf Course in close to its
current form
keep the changes as small as possible
Option A to turn the course into playing fields is too
focused on a very limited age group.
Option B for a pitch & putt would be the worst use as it
would just be a place for practice
lower costs and good use of existing facilities
minimal development
native plant and tree nursery, added trails, meadow
restoration
this option seems to enhance access with minimum
disruption of the natural beauty
new entrance to Blackberry Farm Park on Stevens Creek
Blvd.
revamping the golf course
keep the Blue Pheasant, it is a land mark and has nice
dinning
new irrigation system for the park and least environmental
impact
Option A overhauls facilities not interested in using
sports fields would require a lot of maintenance
preserve remains protected
doesn’t include the north-south spine road.
limited access helps maintain the semi-rural feel of the
area
Stevens Creek Corridor should remain a local Cupertino
jewel, rather than make massive changes that drive lots of
bay area traffic to the area for soccer games and other
similar activities
the natural and wildlife areas are preserved more
completely
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TOP CHOICES FOR PARK ELEMENTS
Participants were given different options for three specific park elements in the three alternatives – Golf
Course, Stocklmeir Ranch and Community Garden – and asked to select their top choice for each, even if
their preferred option for one of the elements was not included in their favorite overall option.
Golf Course
Half of the participants chose “repair and enhance the existing golf course” as their top choice. That was
followed by “build a new par 3, 9 hole, family style golf course” and “remove the golf course and build multi-
use sports fields and sports courts.”
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Stocklmeir Ranch
Nearly two-thirds of the participants chose “legacy farm with agricultural uses” as their top choice. That was
followed by “special event venue with orchard garden park.”
Community Garden
Participants responded somewhat evenly to all three options. It is important to note that “reconfiguring the
existing garden,” which had the highest percentage of responses, can be accomplished alongside “establishing
new community gardens elsewhere in Cupertino,” which received the next highest percentage of responses.
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Play
Participants were shown six images for Play Options and asked to select their two favorite options for each.
Nature Play was the most popular option chosen, followed by Challenge Course, Outdoor Skills, Adventure
Play, Bike Skills and Destination Play.
Option Image Count Percentage
Nature Play
94 47%
Challenge Course
50 25%
Outdoor Skills
36 18%
Adventure Play
33 16%
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Option Image Count Percentage
Bike Skills
24 12%
Destination Play
17 8%
Pool
Participants were shown four images for Pool Options and asked to select their two favorite options for each.
The Lap Pool was the most popular option chosen, followed by Sloped Entry Pool, Spray Play and Therapy
Pool.
Option Image Count Percentage
Lap Pool
91 46%
Sloped Entry Pool
68 34%
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Spray Play
58 29%
Therapy Pool
35 18%
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OPEN-ENDED RESPONSES
Participants were given an opportunity to provide additional comments about the Stevens Creek Corridor
Master Plan options. Over 150 open-ended, individual responses were collected. These responses were coded
in order to investigate trends and potential areas where participants might have concerns. Since many of the
responses touched on multiple aspects of the Master Plan options, 351 total comments were coded. A total of
21 categories emerged from the data, and these were further summarized into six broad categories:
Participants who preferred no changes to the Stevens Creek Corridor, for reasons such as cost and
environmental maintenance,
Participants who preferred only minimal changes to the Stevens Creek Corridor, for reasons such as
a desire to merely upgrade existing facilities to environmental maintenance,
Participants who addressed overall concerns with proposals for the Stevens Creek Corridor, for
reasons such as lack of access, costs of upgrades, the impact of additional lighting and recreation
facilities, safety and transit/parking/traffic concerns,
Participants who were quite unhappy with proposals for the Stevens Creek Corridor, for reasons
such as a desire to start by fixing existing problems, dissatisfaction with all the proposals and those
who felt like the public participation process was pointless or duplicative of previous efforts,
Participants who provided a range of suggestions for improvement to both the Stevens Creek
Corridor and the Master Plan, such as expanding or improving trails, moving recreation
opportunities to East Cupertino and reducing the built environment in the Stevens Creek Corridor,
and
Participants who expressed overall satisfaction with the ideas and progress presented in the online
open house.
The following table and figure describe the prevalence of responses in each of the six categories:
Preference
for no
changes
Preference
for minimal
changes
Expressions
of overall
concerns
Displeasure
with all
proposals
Suggestions Overall
satisfaction
96 71 56 33 81 14
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APPENDIX A
Actual Responses
The complete set of open-ended responses is presented below. None have been edited for spelling, grammar,
or content but personal identifying information (name, address, telephone, email) has been removed. These
are the comments coded into the six categories previously described.
Perhaps my previous comments should have been here. I am hugely encouraged by the studies and
option presented. Well done. Not too keen on the ball field idea; and do we really need more trails
around the golfing area? Seems like the new trail is enough? I hope you will make any new trails
water permeable - new SC trail in Stocklmeir was presented to be crushed granite, but it didn't end
up that way. Crushed granite is much easier on the feet.
I just want to say that the Stevens Creek Corridor needs to be tended to carefully. Please do not
include items that do not work with a wildlife area. Let us leave a small footprint in this special area.
Reduce the golf course area and put more community garden plots there or simply convert the golf
course to the additional wooded area.
Parcourse please. Also allow volleyball at lighted sport fields.
I did not choose any of the options. I believe the city should stop building out this area and maintain
its current status as a golf course and nature area. Use the money for shuttle buses, crossing guards,
and more security. Traffic is a major issue in this area without more people coming. Stevens Creek
Blvd is still difficult to cross even with the new crosswalk. Crime, especially, home burglaries have
increased in this neighborhood. Fix the current problems before spending money on enhancements
that are not necessary or wanted.
No changes please
No changes
I have concerns regarding the extension of the Stevens Creek Trail through Cupertino. The new
2014 Stevens Creek Corridor maps depict that the Stevens Creek Trail will eventually cross over
Stevens Creek Blvd and continue down Pharlap Dr. During the 2012 Sunnyvale Feasibility Study
process there was discussion regarding running the Cupertino section of Stevens Creek Trail down
Pharlap Dr. and then building a structure to get up to the Barranca/Maxine neighborhood. Through
one of three one mile stretches, on streets in either Sunnyvale or Los Altos, to reach the Mt. View
portion of the trail at Sleeper. The Cupertino SCT extension should instead utilize its, 2006 and 2011
Bike Transportation Plans, that city council unanimously approved to improve and upgrading
existing infrastructure. One example of this would be the usage of Mary Ave in Sunnyvale to the
fifteen million dollar Don Burnett bicycle pedestrian bridge (paid for by VTA, Cupertino and
Sunnyvale funding) to Mary Ave in Cupertino, bike lane upgrades and routes to reach the Stevens
Creek Corridor safely. The SCT usage at Shoreline on weekends can be upwards of 1000 bikers and
pedestrians, more on FOSCT fundraiser days. If the SCT runs from Shoreline to McClellan Ranch
through small isolated neighborhoods with hundreds of driveways and on narrow streets, it will bring
increased neighborhood traffic due to bike commuters, bike enthusiasts groups, families biking and
walking and runners. Thus increasing the possibility of car and bike/pedestrian interactions and
accidents. Thank you, [name removed]
No changes.
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No need for additional pool. Would like expanded season for existing pool. The community garden
could be expanded. Ideally, an additional garden and pool on the opposite side of town would
eliminate traffic problems in the Stevens Creek corridor. Would like to see the golf course and club
house updated and remodeled to include a nice restaurant. Construction of any new buildings
should be architecturally similar to the buildings near the pool. A big NO for any sports
complex/soccer field!!!
As a Cupertino resident with a child, I really like the recreation options presented in Plan A. I am a
golfer, but do think it's a waste of money to redo Blackberry Farm golf course, especially given
California's drought conditions right now and the number of golf courses available in the local area.
However, I live VERY close by the Stevens Creek entrance. I would like to see how traffic would be
managed with Plan A and how parking would be regulated in the Oakdell Ranch neighborhood. I
also do NOT want the Stevens Creek trail coming through Phar Lap Drive.
Please find a way to keep the golf facilities in their current or enhanced form.
Without a cost basis, there is no way to determine which plan is best. However, money has already
been allocated for the renovation of the golf course, so that option would seem to have the least
financial cost of all of the plans. How is this financed? Is it through tax revenue or ballot initiative?
If it is through tax revenue, how about lowering taxes that we are already paying rather than taking
on an additional burden? Would the decision of which plan to go with be a ballot initiative or is it
solely up to the city council? Once plan a, b, or c is approved, is there any consideration of the
maintenance costs? The swimming pool alone is a huge investment, especially if you are talking
about being open 365 days a year, which would be the purpose of a lap pool. Besides the
maintenance issues, there needs to be a consideration of the number of additional employees
required to run the various facilities that are recommended. Bottom line-PLAN C-minimum change
and cost
None of the options are acceptable on their own. If someone in the City is pushing their own agenda
then it needs to be made public. If the City is merely following the recommendations of MIG, then
it appears MIG is pushing their own agenda, perhaps to financially benefit in some manner? Your
failure to have a public meeting where individuals can publicly express their opinion looks bad.
Seems you don't want to hear what the people really have to say because they might not say what
YOU want to hear... which leads back to someone having a hidden agenda... :(
Don't add artificial things to the natural settings
I think it is important to have access from Stevens Creek to avoid access through the neighborhood.
I don't like the new parking access from McClellan. The road is so steep and narrow there and there
are lots of kids who bike along the road to go to and from school. More traffic there makes that
street much more dangerous. Definitely do NOT like the soccer fields or the recreation areas that
look like an amusement park. It's such a beautiful natural space; let's not take that away from
Cupertino.
Please stop this project, and complete the existing plan with no additional development.
More community gardens (here or elsewhere in city) only if city hires full-time staff to manage
program.
Please protect and support the wildlife in the park! As it is, it's paradise for suburban nature lovers.
If anything, we need more habitat restoration, rather than the development of sports fields or new
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trails. We need nature education, rather than large weddings. I would love to see the development of
another alternative that addresses these issues. Thank you.
I am disappointed that we do not have a "none of the above" option. Any of the proposed
alternatives would cause harm to the creek ecosystem and the wildlife. Please start over.
I have been talking with my neighbors at the Meadows, particularly the young families. Almost
everyone said that they love the park just the way it is. It is a quiet trail, gets kids to school on bikes,
gives residents a great place to walk/jog. Several neighbors were shocked to hear that the city wants
to spend more money to bring more activities to the parks. They feel that our city parks have the
ball fields, the Sports Center has courts, and De Anza has the pool used by swim teams, as do the
high schools. By the way, the Meadows neighbors would like to see that the maintenance along our
common fence line is taken care of. The dead trees are still in front of the Stocklmeir house and the
ivy has not been taken off the oak trees along our fence line. A lot of money has been spent on the
two parks and they are great! I would agree to money being spent to use the Stocklmeir house in
some way, use the new house next to the parking lot, survey a use for the Simms property but adding
a lot of new amenities is not called for at this time. I'd like to see more walkers, etc, using the trail to
justify the need for more!
Q1: Option None. Pool: only the existing one
Thank you for soliciting input. All 3 options are tastefully done. This is a rare property which can
continue to provide a window into what this piece of the valley was like many years ago... I'm hoping
this can be preserved
Pool: What is wrong with existing pool? It just got a face lift that must have cost money. I am really
fed up with being invited to air my opinion when decisions have already been made that I know
nothing about - We voted to keep Blackberry Farm as is and we are still paying for it! Whose ideas
was it to delete golf course and put in bocce ball? Do it at Memorial Park - We already have a
problem with cars parking on Phar Lap. Can you imagine how many people would try to park there
in order to use the new facilities being proposed? Who came up with options A+B - it certainly
wasn't me - did you ask people who live around the area? What has happened about trail coming
from S’vale to Cupertino? I attended meeting last year and I've heard nothing since!
Q1: Option D No Development. Q2 Golf Course: Remove Golf course and restore habitat, add
hiking trails. The open house was very inadequate in soliciting feedback and opinions.
Questions/concerns were cut off. This was pointless.
These all take funding and personnel that are NOT being provided for McClellan Ranch. It is in
poor shape. Why try to do more when McClellan needs help?
It's pretty obvious someone in the city has a hidden agenda. Maybe the desire to pad their resume
while looking for a city manager job. Treating the community like fools is damning. We investigate!
Seriously? This is a joke, right? No Q&A? Politics!! Bad for Cupertino especially if it's made public.
Q2 Community Garden: No change to existing garden. Play: No new activity. Pool: No expansion of
existing pool. I am amazed at the amnesia implied by this study. A decade ago, Cupertino had a
massive community-wide visioning process (conveniently not mentioned by this presentation). The
decision reached was that this corridor should emphasize nature and environment, and that
automobile visits should be minimized. Now we have this study, the premise of which is that this
corridor is available for any and all recreational activities. I totally disagree! This study is misguided,
and the staff person who commissioned it should be called before the city council to explain this
waste of money.
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I want an entrance from Steven Creek with parking. I live in East Cupertino. Very hard to get to
Blackberry Farm or McClellan Ranch on a school day.
Q2 Stocklmeir Ranch: Both take money for maintenance. You can't just build it and then walk away.
We have seen the sad results of neglect! Play/Pool: None because seasonal in use if not indoors. See
front and please keep the Blue Pheasant! It provides a safe fun dance venue for this valley and thus
serves a community that goes beyond Cupertino. Please have a heart on this. Our daughter and her
husband and their two children live with us and all the play choices don't address safety bathrooms
or gated areas for the toddler group. We also care for another grandchild during the week.
Would like the plan to preserve the natural landscape and wildlife. Do not turn it into a big city park.
There are fewer areas that nature can be accessed easily.
Q2 Community Garden: (Also checked "Establish new community gardens somewhere else in
Cupertino". Q2 Pool: Lap Pool open to residence only. No changes to park. Enjoy wildlife and
nature as is! More people drives away the natural aspects of the rare site that we have in Cupertino.
Q1: Do not want any more use of the corridor at this time - no lights, no fields. Q2 Community
Garden: put additional gardens on other side of town. Existing pool at Blackberry is underutilized.
Another pool on the other side of town would be desirable
Q1: No action at this time. Q2 Golf Course: No change to the existing golf course. Q2 Play: No on
this project. None on this project. Pool: None on this project. I hike the park as is. The changes that
have been made should have a few year to be experience before we can make plan for any new
project on this sight.
Q1: None of the above. Q2: Golf Course: Or no action. Stocklmeir Ranch: No. Play: None. Why no
option for no action? Cost? Where is the cost discussion. Larger scope needed to view the entire
community"
Q1: None of the above, No change except fix the sp. Q2 Community Garden: Maybe on "Establish
new community gardens somewhere else in Cupertino". Play: Open Space, golf course as it is. I like
what we agreed upon 7 years ago. Adopt what we agreed upon 7 years ago.
Wouldn't mind seeing a small special event venue. Absolutely would like to see historical interpretive
signage along the trail and near historic sites. Preservation and utilization of historic sights would be
ideal especially with an educational component.
Play: skateboard park. Add individual picnic areas to Blackberry Farm. Please make sure the Stevens
Creek Trail project is integrated with this one. Option A is WAY too radical.
Q1: No action at this time.
Please keep as natural as possible - not too many signs
SCC should retain its natural - as per original rather than becoming overly fragmented and
intentionally developed which would detract from much need focus on a nature/holistic experience.
Over development would be serious detraction from the SCC unique contribution to an already over
developed community. Natural no instruments focus < low intensity
Please do not remove the golf course in favor of a multiuse sport complex....we already support these
activities but need more diverse activities and the green belt of a golf course continues to support the
community. I feel that there are many options for soccer and other sports in the community but less
for golf and other natural activities. We don't need more of the same.
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NONE - NO ACTION AT ALL!
NONE - NO ACTION AT ALL!
Q1: Leave as is. Q2 Golf Course: N/A Leave as is. Stocklmeir Ranch: N/A. Play: None of the
above, None. Pool: None
Q2 Golf Course: Any chance of Deep Cliff G.C. becoming available? If so, would the city buy it?
Community Garden: allow feral cats to control the rodent population.
Q1: Option D - SCCP Phase 3 - restoration of creek and riparian plant communities at McClellan
Ranch Preserve - east and wet. Restoration and repair of ranch buildings. Q2 Golf Course: seasonal
wetlands, replace over time with native plants. Community Gardens: eliminates wildlife habitat,
violates MRP mission. Put garden plots in other areas of city. Play: None appropriate for wildlife
corridor. Pool: Do not increase footprint of current pools. Q3: Prioritize restoration of McClelland
Ranch creek and riparian plant communities. 2nd priority restore and repair historic buildings.
Q1: no development or very minimal, more minimal than option C. Q2: Community Garden: expand
creek restoration efforts. Pool: none of the above. no additional pools. Q3: Building sports facilities
with lighting will not only be disruptive to nearby residents, it will harm the well-being of over 130
bird, mammal, amphibian and reptile species documented by scientists within McClellan Ranch Park.
Numerous studies have shown light pollution to be harmful to wildlife. This is a wildlife preserve and
the wildlife need to be considered in the park design.
Q1: I really don't like any of them as a whole. This is a wildlife corridor!!! Q3: We need to keep the
wildlife that live in this corridor at the top of the list. They deserve our utmost attention.
Q2 Play: Nature education and play areas. Q3: No playing fields requiring night lights. More loop
trails with benches and meditation areas here and there.
Q2 Community Garden: Also checked "Establish new community gardens somewhere else in
Cupertino". Q3: I would love to have this redesign to mesh well with a new Stevens Creek Corridor
Trail.
Plan A with retaining Blue Pheasant
Q1: Intensity=attract people. No action south of Blackberry for people. Keep McClellan Reserve as a
natural space. Q2 Stocklmeir Ranch: Maintain the Historical elements that made this "The Valley of
Hearts Delight". Play: Minimal impact to the natural environment. Q3: Keep the development and
active recreation in Blackberry. Preserve nature and minimize human footprint in McClellan.
Q2 Golf Course: Rough turf. Q3: Road off of Stevens Creek Blvd. is essential (tree lined). Stevens
Creek blvd. entrance should be a "destination" with a youth-oriented restaurant (scrape the Blue
Pheasant). "Walls" of redwood trees on borders next to homes that encroach visually into the
corridor.
Q2 Community Garden: and smaller sized plots. Play: small. Q3: The golf course could be removed,
but please no sports fields. The McClellan garden plots should be halved.
Prefer uses that do not attract large groups/crowds. Preserve "nature" feel of the park - retain some
natural, undeveloped areas. 4H and community gardens provide worthwhile community uses.
Q2 Play: Nature. Pool: No change. Q3: There are few places where you can do recreational swim.
There already are lap lanes at BBF. Keep unstructured play. There's a big pool at DeAnza. Golf - as
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courses disappear, BBF golf will be one of the few games in town. Golf could become more popular
again and BBF golf be one of the few remaining. We need a wildlife corridor!!! NO NIGHT
LIGHTS
How are these projects to be funded?
Q1: NONE. Q3: This whole exercise is probably a complete waste of time. We went through this
several years ago and NOTHING HAPPENED and THERE WAS NO FEEDBACK
please start a true public process that would allow none of the above
The golf course needs improving/updating! More people/children would play. Social activity for
adults.
Q1: (illegible) Option - Leave as is! Q3: Leave as is!
Q1: No action. Q3: We need to know more about the Stevens Creek trail impact. the community
needs to know about what is available already before new plans developed.
Q2 Pool: Keep existing pool. Q3: This project needs to be coordinated with the Stevens Creek Trail
(6 Cities) projects
Stevens Creek entrance? operating calendar for lap/masters swim
Q1: No action thank you, leave it alone. Q2 Golf Course: or remove the golf course and build
habitat for deer. Play: none thank you, we use it for birding. Pool: none thank you. Q3: Please stop
this process. Leave the area natural.
Year round swimming option would be great for local community.
Q2: SAVE $ DO NOTHING :)
Q2 Golf: "enhance" What is the meaning of the word. Q3: I don't need any of the above.
Trail is fantastic! What plans exist to extend the trail north and south?
I love to run and would really appreciate more loop trails and eventually a connection to the Stevens
Creek Trail @ Mountain View. Thank you! I would also like the lap pool with year round access.
Please do not reduce the size of our golf courrse. Not enough time to review or think about options.
My favorite things about the Option A is the challenge course, destination play, and spray play.
Option A is in my opinion the best Option!!!
No budget? No funding? No detail plans? Is not this more about the direction we want to move in,
instead of a detailed choice?
Q1: Old people hate change but they'll also be dead soon (naturally. This is NOT a threat). People
like me will be left behind. I'm only 18! Q2 Golf: Excuse me? What is a "family" golf course? No
families golf. Only rich white men do, and frankly, golfing is not a sport. Sports require physical
strain. What is strenuous about sitting in the back of a tiny go cart and being driven around? Play:
Combine these please (challenge course and outdoor skills). Pool: I choose this one twice (sloped
entry pool). Wow there are a lot of white people in Cupertino. Where do they hide? Old people (like
the guy next to me) are no fun.
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Don't do anything.
Loop hiking trails through some of the hilly areas would be lovely. Volleyball that we can use after a
rainstorm would be great. We always have to postpone games/practice b/c of rain on the field. I
don't care about the deer; there a ton of deer in my neighborhood, too many. I want a lap pool! I
would totally use that!
Q2 Golf: don't change. Q3: Keep minimal impact to neighborhood. Why did a lot of picture choices
have so much fencing?
I would like to see involvement of community groups like the Historical Society, Quota, and Rotary.
Q1: As Is, Less is more! Q2 Stocklmeir Ranch: Restore habitat, plant native trees, etc. Community
Garden: also establish new community gardens somewhere else in Cupertino. Play: fine as is. Pool:
Fine as is. Q3: One of the best/special things about the area now are the wonderful (restored) natural
areas. We don't have parks like that anywhere else in Cupertino, so we should preserve and enhance
this unique aspect. Put new playgrounds, pools, etc. somewhere else.
Q1: Option D - No changes! Already too many man-made things - I'd like things removed. Q2 Golf
Course: Eliminate golf and remove hideous chainlink fence/tunnel that's over the corridor.
Stocklmeir Ranch: Leave it alone - leave as is. Community Garden: return existing garden let area go
back to natural meadow - for deer. Play: None of these! Q3: Repeating here: I'd like to see fewer man
made things - ie. eliminate golf and return to nature - no paths or anything.
Definitely need more accessible pools for fitness. Need to keep our wildlife habitats and open spaces.
Would LOVE to see a trail that goes from this new area (SC corridor), through McClellan, through
Linda Vista Park and then all the way to the reservoir (with access to Stevens Creek & Fremont
Preserve). This way we would be able to hike / bike from Stevens Creek Blvd all the way to the
county parks. Please implement such trail ASAP; it's such a good idea....
Let's keep this place serene. Cupertino is an amazing city because it's a great mixture of residential,
business, and natural landscape! Let's keep it that way!
Should take advantage of already new enhance
Having lived in the Santa Clara Valley for over 35 years, and being an avid outdoors recreation
person, I am extremely disgusted with the length of time it takes to get anything accomplished. The
Stevens Creek Trail is a perfect example, as is the length of time this project has been going on.
Finish this completely in less than one year. Do it.
I bought my house in Monta Vista (not Cupertino at that time) and moved in May 15, 1974. I was a
married man, aged 35, working as a nuclear physicist at the Lockheed Palo Alto Research Labs in the
Stanford Industrial Park, since 1962. As a young man who was physically active my wife and I
decided to take up the game of golf, since BBF Golf Course was right down Stevens Creek Blvd
from our house. However, there were no organized beginners golf leagues at BBFGC at that time, so
I and the new owners of the Blue Pheasant Restaurant, and a few others decided to form a beginners
golf league for men and woman. The Blue Pheasant Hackers Golf League officially started in 1975,
playing at BBFGC every Tuesday afternoon, tee times from 3:30PM to 6:00PM, starting first week in
April through middle of October. Next year 2015 may be our 40th continuous year, depending on
your decision to keep or not keep our beloved golf course. In the 1980's and early 1990's The BP
Hackers Golf League, when I was president, had around 100 members. I had to restrict membership,
in order to get off all the golfers during our allotted tee times. True, as our membership aged,
members moved away, and demographics and Monta Vista/Cupertino changed, The BP Hackers
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Golf Club saw declining membership. I am the last original club member still playing every Tuesday
during the league dates, and a few of us even play all winter, every Tuesday. Anyway, I just thought
you planners of the future recreational facilities in the City of Cupertino should be aware of some of
the history associated with our little nine-hole golf course at Blackberry Farm. It's a good facility
people. It could be the home course for the next generation of young Cupertino golfers, if you would
embrace it, and enhance it, as my generation tried to do in the past. I have talked to many
professional golfers that have played BBFGC, and all (including a young Tiger Woods) have told me,
"That's a very challenging, narrow little course, with a tough Par 29." Even the pros liked playing it,
because it was good for developing their short game. So, I would vote for your Plan C or any plan
for the future of Blackberry Farm Golf Course, that would retain the character of old Monta Vista
with its little nine, Par 29. [name, contact information removed]
You guys did an excellent job on the newly expanded and current Stevens Creek Corridor Trail, keep
up the good work! Thanks!
Removing the golf course would be a big mistake. Adding a potential high density recreation area
would compromise the serenity of the area. If the golf course must be closed, then it would be best
to return the area to a natural green belt. Besides isn't this area a flood plan?
You are spending a LOT of money to fix what is not broken.
Thank you for being innovative and designing a future Cupertino that is better for all residents
There already exist a number of sports field locations in Cupertino but the Stevens Creek corridor
provides a unique opportunity to incorporate different activities and different development.
Although there are obvious benefits to a vehicle access point from Stevens Creek Blvd, devoting a
significant amount of space to a north-south spine road takes away from better options for use. In
option C it does not make sense to provide a trail on the east side of the creek through the golf
course. There is already a trail on the opposite side and a new trail would simply take away from the
golf course.
Please don't dumb down the golf course to make it more "family friendly”! Also, is there any
possibility of adding an off leash area for dogs within the park?
Keep it as a nature park not amusement city!
I repeat here my firm opposition to high, or even medium, intensity development in this corridor.
Most of the staff-proposed development elements are out-of-place in this corridor and should more
properly be considered for other locations, if they are needed at all. There seems to be very little
justification presented for why most of the development elements included in the three alternatives
are needed. What is the overall background situation and the resulting strategy being
proposed/pursued? Also, I would be interested to see/hear cost and schedule estimates for
completion of each of the three alternatives.
We don't think the Stevens Creek Corridor Master Plan options are necessary or cost-effective. Why
spend tax dollars needlessly? The majority of Cupertino residents are older people who will not use
these "upgraded" facilities and do not wish to pay for them. Please bring some common sense back
to city government.
Put a community garden at the Quinlan center and restore a orchard on this property. I was living in
Cupertino when the Quinlan Center was built and the city put in sod rather than drought tolerate
landscaping. I pointed out to Don Brown who was the City Manager at the time that sod takes
water and we were in a drought that year. Don stated that the City is staying at the water usage limit.
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It would have been better leadership for the City to not put in sod and demonstrate to residents that
City Management is leading the way to better water and land use. I suggest that we add another
community garden in Cupertino and locate it at the Quinlan Center.
Great idea. Looking forward to seeing similar initiatives in the East side of Cupertino which is
lacking in recreational facilities.
The northern section with the golf course is a relatively unspoiled area, filled with native plants and
wild critters. Have you seen the hawks? Please leave it as undeveloped as possible but give more
consideration to golf programs for seniors and juniors. Perhaps improvements to the patio (trees are
gone), the entrance and the teaching area could be considered.
Again, McClellan Ranch is designated, and should remain, a nature preserve. The community gardens
and 4H were included in the original property grant. Otherwise, the preserve should only be restored
to its natural sustainable condition. Park-like activities can take place in BlackBerry Farm.
The neighboring residents enjoy the peace and quiet of the existing layout. Can you imagine having
sports leagues playing on lighted fields almost every hour of the day and evening? It is easier to find
an athletic field than it is to find a classic nine-hole golf course where you can take your grand kids.
Golf promotes family values and is a lifelong recreational activity. Please save Blackberry Farm Golf
Course and its mix of par 4 and par 3 holes. Thank you.
I like the idea of green house nursery for native plants in plan C. I can students learning and
participating in habitat preservation program.
Please leave the Stevens Creek Corridor as is. It is perfect now, let's keep it that way.
Adamantly against a sports complex replacing the golf course and vehicle access from Stevens Creek.
Preserve the beauty and unique integration with people and nature that the MV area provides.
No more junk in the corridor. We don't want or need a lot if junk or a major metropolis in the
corridor.
Reduce car parking spaces and improve bike and pedestrian access to the facility from adjacent
neighborhoods.
Scrape the Blue Pheasant, and build a restaurant that would cater to active young people - huge deck
for morning coffee and outdoor dining; music late into the evening. At least two wedding venues
near the Stocklmeir house (one venue could be a multipurpose)
Cupertino has many other parks that could benefit from the proposed development ideas, but the
Stevens Creek Corridor is quite simply the wrong place. Keep the Stevens Creek Corridor natural,
do not fragment and degrade it with new trails, parking, roads, and new sport and recreation
facilities.
The Santa Clara Valley was once a beautiful, natural valley. Please leave the creek as it is for the last
remaining bits of wildlife left. Riparian environments are critical and should remain untarnished for
posterity. Don't ruin it. Just say no to the developers.
I like the balance of nature and recreation now, and would like to finally see NO construction in the
park for some time.
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There is sufficient developed areas within and surrounding Cupertino already. We need more natural
outdoor areas, for walking in peace and quite and enjoying nature. Why is there not an additional
option to leave the area in its present state for both residents and wildlife?
No new roads, no new trails, no new bridges over the Stevens Creek. Plan and devote the park &
Rec resources on already approve plans and bring them to completion. Allow us the residents to
enjoy and observe their impact on dwindling wildlife habitat before we can look at ANY new
proposal for recreation & development.
less development in corridor is better as we are overdeveloped already
I'm flexible, and appreciate the work it took so far - thank you! I'm flexible, and appreciate the work
it took so far - thank you! But there are two items that I dislike intensely: the daytime/nighttime
athletic fields, plus the wedding/special events venue. Too much traffic, too many people. I'm afraid
these would change the character of the park.
I don't see why one swimming pool can't accommodate many different uses (lap swimming, play,
therapeutic uses). Schedule for different users at different hours. I chose none of the play options
because they seem inappropriate for the corridor. I think adventure play, nature play and the other
options can go in other more developed parks. Get rid of stupid artificial ponds at Memorial Park.
Replace with natural habitat parks or something else. The old wooden town that was there in the past
could be replaced and would be a much used adventure play structure. As population grows we will
need the corridor as a quiet open space for hiking, dog walks, picnicking, family nature activities, etc.
If the area is more developed for active sports and more is shoe-horned into this land, the wildlife
and atmosphere that now make the area so pleasant and delightful will be destroyed. Save the money
that would go into this development and set it aside to buy more open space if and when it becomes
available.
In my opinion the plan that replaces the golf course with sports fields is too much development for
that part of Cupertino. The fields call for lights, which would be too bright in a residential area. Also,
having the Stocklmeir property expanded to include event space like weddings is just too much
development. I am concerned that the intersection of Phar Lap and Stevens Creek would become
much more dangerous with the increase in traffic. In addition, having playing fields draws a lot of
people who are from outside the areas. I appreciate all the options you have offered. I still think
Option B is the best mix of preservation and development.
Retaining the most natural open space with minimal impacts offers important open space to people
as well as the wild birds and animals that depend on these areas for habitat. In an increasingly
developed society, it is especially to have accessible open for people to enjoy as well.
I would really like to see an option which focuses on completing and improving what we already
have. I think Cupertino is fortunate to have a natural and peaceful place such as the Stevens Creek
Corridor areas that work to protect wildlife. It seems unfortunate that all the plans are for increased
development.
For me the critical aspect of this development is the long-term provision of a bicycle commute
corridor all the way from McClellan road to northern section of the Stevens Creek Trail. Ideally it
would be good to have some form of separation between bicycles and pedestrian traffic, as this is a
critical artery for commuting to the high-tech areas around Sunnyvale / Mountain View. Over the
past few years, I have been seeing increasing bicycle traffic on the northern part of Stevens Creek
trail, and I believe that in the long term we need to plan for traffic separation. Thanks you for all
your great work - I have not responded to the specific questions about the park, as I'm only an
occasional (but grateful) user!
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Can't wait for the new environmental center to be completed! This area is fabulous for connecting
people with nature- must carefully balance bringing in more visitors and maintaining
natural/undisturbed areas.
We have the opportunity to protect the natural setting of the creek corridor for one of the important
natural creeks in Santa Clara County. Please do not add sports field, more development, etc. Please
provide a plan to keep a natural setting for the creek and for the wildlife of this area. Thank you.
The community should not support these projects because it will destroy habitat that is utilized by
wildlife. The community does not need more development for recreational activities.
Focus on completing and improving what we already have. No new roads and trails; no new sport
and recreation features; no new bridges over the creek. Protect wildlife. Keep the Stevens Creek
Corridor safe, peaceful, and natural
One big negative comment for all plans: it's a mistake to put McClellan Ranch West parking lot
entrance at the blind curve of McClellan Road (accidents waiting to happen with fast/unseen
downhill traffic).
I prefer any option that entails the least environmental impact. The lesser the amount of concrete
used, the better.
Re: Golf course. Existing course is in harmony with adjacent natural areas. Landscape it with native
plants, leave it as is, with water saving irrigation. Re: Kids play areas, kids go to the creek, and play
with existing sticks, playing in dry leaves. Leave nature areas as it is. Re: Pools. The pools were just
renovated! Adapt them for lap swimming and kid play, both! Save your money, wait for the golf
course across from McClellan to sell, then develop that as more parkland.
Am most concerned that a long-time golf course will be gone...hopefully the community will support
the golf course and keep it with improvements. It has been enjoyed by many from Cupertino and
outlying cities for many, many years and is a gem!
What's the difference between nature play, adventure play, challenge play, and destination play? Can't
kids just figure out how to enjoy the trails, pools, the farm animals and the bit of grass playing field
that's there now?
All three plans mention enhancements to the 4-H area. I have lots of ideas for this space. What is the
best way to submit them for consideration? [name, contact info removed]
I would like to see a more extensive survey where we can provide input for each of the areas of the
corridor. I did not fill out parts of this questionnaire because I did not know the context in which
my opinion mattered. Would it be nice to see nature playgrounds in Cupertino? Sure, but the
playground I know of near Blackberry Farm is quite sufficient (and in fact, rather new). Also, how
would traffic be affected by these changes? What are your estimated costs? Environmental groups
have expressed concerns with these plans--how have you addressed those issues?
I chose NO Nature Play or any options which increase park usage density. Increased traffic of any
kind will drive away the wildlife. The existing Golf course has proven very compatible usage with
existing wildlife for 50 years. Though converting one swimming pool to lap swim may help a bit, De
Anza College & our High Schools combined have plenty existing unused pool capacity to satisfy all
Lap Swimming needs, PLUS enough unused playing field capacity to satisfy those needs with
addition of field lights to extend usage. ANY Further development which will increase pedestrian &
wheeled traffic in Steven's Creek Corridor WILL scare away existing wildlife crucial to current school
nature programs taught there which can only be taught there: since all other city parks are developed,
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they drive out wildlife. The Least Change and Traffic is best to both keep and encourage more
wildlife.
Thank you for work completed on the Stevens Creek trail and corridor Stocklmeir through
McClellan Ranch, as well as improvements in Blackberry Farm over the last 10 years. It is a good
community accomplishment and asset. I believe Cupertino as a community is already impacted by
development in many areas resulting in higher density businesses, housing and traffic. I do not care
for overdevelopment of private home lots; maximizing with largest possible homes in "single-family"
neighborhoods. Thus, I believe an important component of future "development" and an
opportunity in Cupertino is a conservation and naturalized area maintained and promoted in the
Stevens Creek corridor. This goes hand in hand with low-impact, conservative development. Of
special concern to me, and which I've not heard as a point of discussion, is the very tentative survival
of natural steelhead trout in Stevens Creek. Although, it's possible the remnant creek no longer offers
sustainable habitat for these native fishes, I would like see programs at McClellan Ranch as a
"preserve" to be developed as a regional focal point for such a conservation effort. Thank you.
The Stevens Creek riparian corridor is our jewel. Our emphasis should first be on doing no
additional harm by further fragmenting the corridor and adding facilities.
Enhance the golf for seniors and juniors. Provide more shade around golf course wait area.
I don't understand why the city wants to take this wonderful nature preserve and turn it into an
urbanized recreational area. We need to find other sites in the city for sports fields!
I couldn't even vote for any of these. I really wish you would leave the area as it is. Isn't there
someplace else you could waste all that money? Don't spend money to destroy the very little open
space we have left. Please. Development like this is not easily reversed. These plans will have long-
reaching consequences. In a county that prides itself on being "green", your plans sure seem off the
mark.
Option C is the best option allowing the continuation of existing open space and the golf course.
Also, the Sims property should not be converted into a hard surface parking lot. It should be left as
open space to compliment McClellan Ranch Park. Blackberry Farm is the only truly nature open
space in Cupertino and should be left as is with minor improvements. To add sports courts and
specific play areas other than the existing children’s play ground would distract from the ultimate
goal of keeping the park as a nature preserve. This is important for our current and future citizens of
Cupertino to have a place that is reminiscent of a natural environment for all to enjoy. Thank You.
Why isn't Alternative D under consideration?
How come none of the pictures were of a person alone surrounded by nature -- why only various
flavors of development? The city should look at the economics of operating the golf course, and if it
seems the benefit does not justify the cost, consider allowing it to revert to a more natural
environment. This should be a place for enriching the soul by contact with nature, not a place for
developed recreational activities that could be done in any park.
Don't build new facilities and features in the name of recreational use; invest in the access and
appreciation of the natural environment and preserving and appreciating its natural state.
The options provided here do not reflect my own desires for leaving this as is. This belongs to a
survey like; 1. have you stopped weekly beatings of your wife? 2. Have you stopped daily beatings of
your wife? 3. Have you stopped occasionally beating your wife? You must answer one.
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IT IS A BEAUTIFUL NATURAL PARK NOW. YOU WANT TO DESTROY IT ?
LEAVE IT AS IT IS. WHO AM I ? I'M A FORTY-PLUS YEARS RESIDENT OF
CUPERTINO. I WALK FOR ENJOYMENT FOUR TO FIVE TIMES EACH WEEK.
I would like to see the golf course converted to a nature preserve with native plants and oak trees. I
do not wish to see the city spend additional money renovating the golf course especially since there
has been a steady decline in the number of golfers using it. I do not want the city to throw good
money after bad. IF there must be a golf course, then it must be redesigned to meet highest
sustainability standards compatible with wildlife habitat. I am completely opposed to the plan to
reorient the golf course and build a driveway from Stevens Creek to the pool complex. I do not want
to see any part of the preserve paved over - that land will be lost to wildlife forever. I am also
strongly opposed to the loop path into the riparian peninsula area. Leave wildlife ALONE! I am
neutral to the idea of a nature play area by the Simms property provided it is designed with a small
footprint compatible with a preserve. As I have stated before, I do not wish to turn the preserve into
a park. The city has plenty of neighborhood parks to meet those needs. There is no need to expand
the Community Garden - just use what we have efficiently...maybe reduce plot size to accommodate
more users.
The Stevens Creek Trail should include bicycle traffic. The original plan was for bike access on the
trail from the beginning. All other Stevens Creek Trail sections have bike access, the Cupertino
section should not be the exception. There is no acceptable reason to exclude cyclists from the trail.
I favor a multi-use pool development at the existing site in Blackberry Farm. Please maintain the
relaxed atmosphere throughout the corridor, and if anything make it more so.
This park is very nice now but could use some improvements. The pool and new irrigation on the
course are my top desires.
Keep the area for wildlife, nature experiences, picnicking, and reflection with a touch of swimming
and golf.
I am a long time Cupertino resident and I just hear about this today, when comments are do. The
city needs to do a better job of letting folks know this is going on.
Please DON'T expand the community gardens. Subdivide plots (they are huge) if necessary, but
more important, put community gardens on the east side of Cupertino, especially near where the
denser housing is and will be. Please DON'T add new "features" (even "nature play") to McClellan
Ranch Nature Preserve.
Please DON'T add uses that significantly increase parking requirements. If more parking is needed,
put it at the Stevens Creek Blvd. entrance. Possibly add some unpaved overflow parking for
McClellan Ranch in McClellan Ranch West. The best entrance there is the current one, with the best
sight lines for crossing McClellan Road. Please consider the Audubon Society's Option D, except I
do like access to the "peninsula". Please add NEITHER trail nor road between creek and golf
course. Changing the nature of the golf course is okay, but sports fields are totally out of place.
Avoid new permanent bridges over the creek.
Sorry, I already did this once, but I want to add: Thanks very much for the paved Stevens Creek Trail
through McClellan Ranch, but please pave no other trails there.
STRONGLY oppose a new driveway thru the golf course. We should not be building more roads
along the creek bank. It also may create queuing problems we do not currently have for vehicles that
exit onto Byrne Ave. Getting out onto Stevens Creek Blvd. will be difficult with all the cross traffic
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ONLINE MASTER PLAN ALTERNATIVES SUMMARY
PAGE 28
there. If a signal is added then cars will back up on the new driveway along the creek. There are also
wildlife impacts. I would support the short option B golf course if it is run from the north end like
the current golf course and there is no driveway through the golf course. That should have been an
option. Stocklmeir would be OK as option a or b or c. Consider fixing the house and front yard for
rentals and events AND operating the rest of the site as a legacy farm. At McClellan Ranch West,
keep the parking lot minimal, use the site mostly for habitat and environmental education. A native
plant nursery would be fine. At the pool area at Blackberry Farm, like the spray play idea plus a lap
pool. Definitely keep it open year round! This was not an option but I would also very much support
converting the golf course to habitat and open space with a trail through it.
I think it's a good idea to build multi-use sports facilities that can be used by more of the community.
The golf course is a lot of space that very few people use.
Please keep the Stevens Creek / Blackberry Farm wild and open. The City of Cupertino has many
great tradition lawn and playground parks but only one park like Stevens Creek. I walk this park 4
times a week and enjoy seeing the deer, hawks, rabbit and of course squirrel. Please consider low or
no development. Thanks, [name removed]
No plan is good plan for now
We have more than enough parks, what we need it more open spaces to promote biological diversity
in the area.
Hate option c, it is completely inappropriate near the creek. Option B idea of a smaller shorter golf
course would be okay, but the new road from Stevens Creek Blvd is unacceptable, it does not belong
in the creek corridor. The smaller golf course would be fine if you still run it from the current
parking and access at Stevens Creek Blvd. A new restaurant that serves golfer a and pro shop would
also be fine if it stays near the current Blue Pheasant vicinity. Option C is the best because the
current features are working well, just fix all the old and historic structures for continued use. Please
focus on prioritizing wildlife habitat, the wildlife cannot go anywhere else but playgrounds, fields,
community gardens can all go somewhere else. Do not add new things even trails anywhere that will
impact wildlife. Would like to have the maximum habitat restoration possible. The creek and it's
wildlife is a fantastic and irreplaceable resource.
This Natural Wildlife park needs NO more structured play areas; they belong in other parks.
Redeveloping and modernizing the existing swimming pools and their snack bar, dressing &
restroom facilities for YEAR ROUND USE while staying WITHIN Their EXISTING Footprint is
sorely needed, along with partnering with High School & De Anza College existing pools to offer
more lap swimming before school & work days begin, and any after school/work times and on
weekends when these other pools and are unused. Similarly, working with all local schools to extend
use of their currently not fully utilized playing fields with lighting until 8PM: should solve any
shortage of playing fields.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0473 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:10/8/2014 City Council
On agenda:Final action:12/16/2014
Title:Subject: Conference with Legal Counsel - Initiation of Litigation pursuant to subdivision (c) of Section
54956.9: Two Cases
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject:ConferencewithLegalCounsel-InitiationofLitigationpursuanttosubdivision(c)of
Section 54956.9: Two Cases
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0520 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:10/30/2014 City Council
On agenda:Final action:12/16/2014
Title:Subject: Fine Arts Commission annual update
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council12/16/20141
Subject: Fine Arts Commission annual update
Receive the update
CITY OF CUPERTINO Printed on 12/11/2014Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0558 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:11/20/2014 City Council
On agenda:Final action:12/16/2014
Title:Subject: Approve the November 10 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council12/16/20141
Subject: Approve the November 10 City Council minutes
Approve the minutes
CITY OF CUPERTINO Printed on 12/11/2014Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Monday, November 10, 2014
SPECIAL CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:50 p.m. Mayor Gilbert Wong called the Special City Council meeting to order and led
the Pledge of Allegiance.
ROLL CALL
Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry Chang,
Orrin Mahoney, and Mark Santoro. Absent: None.
ORAL COMMUNICATIONS
Rhoda Fry talked about her concern with the neglect of the Snyder-Hammond House which is
owned by the Cupertino Historical Society and protected in the General Plan.
Jennifer Griffin also talked about the Snyder-Hammond House and how important it is to
preserve the last Victorian in Cupertino.
Steve Scharf noted concerns with the notice of tonight’s meeting being confusing to the public.
Council recessed from 7:12 p.m. to 7:21 p.m.
PUBLIC HEARINGS
1. Subject: Certification of Final EIR, General Plan Amendment, Draft Housing Element,
Rezoning, Specific Plan Amendment, Municipal Code Amendments
Recommended Action: The Planning Commission recommends that the City Council
take the following actions in accordance with the Draft Resolutions (Attachments A -
F) with the exceptions noted in Attachment G:
1. Adopt Resolution No. 14-210 for Certification of an Environmental Impact Report,
adoption of Findings and a Statement of Overriding Considerations, and adoption of
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City Council Minutes November 10, 2014
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Mitigation Measures and a Mitigation Monitoring and Reporting Program, (EA-2013-
03), in substantially similar form to the attached Resolution (Attachment A); and
2. Adopt Resolution No. 14-211 approving GPA-2013-01 in substantially similar form
to the attached Resolution (Attachment B and as amended by Attachment G):
a. Draft General Plan (Community Vision 2040)
b. General Plan Map Amendments; and
3. Adopt Resolution No. 14-212 to authorize staff to, in substantially similar form to
the attached Resolution (Attachment C and as amended by Attachment G):
a. Forward the Draft 2014-2022 Housing Element to the State Department of
Housing and Community Development (HCD)
b. Use the prioritized list of Alternative Housing Element sites (in case one or
more of the adopted sites are not accepted by HCD as Housing Element sites);
and
4. Conduct first reading of Ordinance 14-2124, “An Ordinance of the City Council of
the City of Cupertino Rezoning Certain Sites in the City for Conformance with the
General Plan and Housing Element Zoning Map Amendment,” Z-2013-03
(Attachment D and as amended by Attachment G); and
5. Conduct first reading of Ordinance 14-2125, “An Ordinance of the City Council of
the City of Cupertino amending various Chapters in Title 18 and Title 19, including
the amendment of the Density Bonus Ordinance, the addition of a Chapter in Title 19
to implement policies in the General Plan, the addition of a Chapter in Title 13 to
improve readability,” Municipal Code Amendment, MCA-2014-01 (Attachment E);
and
6. Adopt Resolution No. 14-213 approving Specific Plan Amendment, SPA-2014-01,
in substantially similar form to the attached Resolution (Attachment F). The Balanced
Plan is reflected in Attachments A - F. The Planning Commission’s changes to the
exhibits to Attachments A - D are reflected in Attachment G. These changes are
discussed in detail later in this report. CEQA Findings for adoption of the Balanced
Plan and Housing Element sites recommended by staff are in Attachment H; and
Description:
Application No(s): GPA-2013-01, Z-2013-01, GPA-2013-02, , SPA-2014-01, MCA-2014-
01 (EA-2013-03); Applicant(s): City of Cupertino; Location: citywide; Certification of
Environmental Impact Report for a General Plan Amendment, Housing Element
Update and Associated Rezoning; General Plan Amendment to establish citywide
development allocations for commercial, office, hotel and residential uses and
development parameters for key study areas (including the Vallco Shopping district);
General Plan Amendment for the 2014-2022 Housing Element as required by State
Law; Rezoning of certain parcels in conjunction with the citywide General Plan
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City Council Minutes November 10, 2014
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Amendment; Specific Plan Amendment to the Heart of the City Specific Plan related
to maximum residential yield calculations and an updated map to conform to the
General Plan; Municipal Code Amendment to comply with State Housing Law and
the Housing Element of the General Plan and other zoning code amendments for
clean-up and Consistency.
Written communication for this item included various emails; amended staff report;
amended maps showing alternatives A, B, C, Balanced Plan, and Planning
Commission recommendation; handouts from speakers and a staff PowerPoint
presentation.
Consultant Dan Amsden with MIG, Director of Community Development Aarti
Shrivastava, Senior Planner Piu Ghosh, and consultant Steve Nowack with
PlaceWorks reviewed the item via a PowerPoint presentation.
Retail consultant David Greensfelder and Chief Business Officer for Cupertino Union
School District (CUSD) Chris Jew responded to Council questions.
Council recessed from 10:02 p.m. to 10:18 p.m.
Mayor Wong opened the public hearing.
The following individuals spoke on this item:
Preston Chiappa
Brook Ezzat
Sam Lin (Chinese Church in Christ)
Larry Hendler
Jennifer Griffin
Carlene Matchniff (Irvine Company)
Bob McKinnin
Darrel Lum
Yu Ying (neighbors on Alderbrook)
Kevin McClelland (Cupertino Chamber of Commerce)
Aneeta Tiwana
Eric Hesh
Tim McRae (Silicon Valley Leadership Group)
Gary Latshaw (Sierra Club)
Vincent Rivero (VER Engineer)
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City Council Minutes November 10, 2014
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Neil Struthers
Claudio Bono (Cupertino Inn De Anza Properties)
Ching Shyu
Muzhou Shao
Deepika Kapil
Kathy Bian
Dennis Whittaker
Blair Volckmann
Deepika Vajak
Sowmya Subramaniam
Jason Lundgaard (Apple)
Lisa Warren
Huijing Cao
Yanping Zhao
Steven Scharf
Liang Chao (Better Cupertino)
Eric Schaefer (Better Cupertino)
Tom Pyke
Sushma Shirish (Richwood 1)
Nagapriya Tiruthani
Saravanakumar Tiruthani
Chris Bencher) (speaking on behalf of a group)
Sunil Satnur (Richwood 2) speaking on behalf of Srini Krishnamurthy, Meena
Krishnamurthy, Ram Natarajan, Rajagopal Muralidaran,
Ruth Littmann Ashkenazi
Peggy Griffin
Chris Huang (Marina Foods)
Albert Wang (Marina Plaza)
John Thatch speaking on behalf of Glen Simmons from Dahlin Group)
Michael Kramer yielding time to Reed Moulds and Peter Pau (Sand Hill Property
Company)
Mike Rohde
Wenguang Wang
Mark Tersini (Oaks Shopping Center)
Beverly Bryant Oaks Shopping Center
Mayor Wong closed the public hearing.
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Special counsel on the Housing Element Barbara Kautz from Goldfarb and Lipman
explained the idea of identifying alternative housing sites in case Vallco is chosen as a
housing site and not developed.
City Manager David Brandt explained that Council couldn’t vote on the Housing
Element tonight except for straw votes so staff could conform the findings.
Mahoney moved and Wong seconded to instruct staff to conform findings on following. The
motion carried with Chang and Wong voting no.
1. Housing Element:
Site
Scenario A
(If Vallco Shopping District Specific
Plan gets adopted in 4 years)
Scenario B
(If Vallco Shopping District Specific
Plan does not get adopted in 4 years)
Oaks 50 du in HE
Clustered at min. density of 25 du/ac
on portion of site
235 du @ 85%
35 du/ac
Vallco 582 du in HE.
35 du/ac (existing)
0
Hamptons
(342 du
existing)
650 du additional @ 85%
89 du/ac
748 du additional @ 85%
99 du/ac
Barry
Swenson
11 du @ 85%
25 du/ac (existing)
11 du @ 85%
25 du/ac (existing)
Glenbrooks
(517 du
existing)
93 du additional @ 85%
20 du/ac (existing)
93 du additional @ 85%
20 du/ac (existing)
Villages
(468 du
existing)
0 62 du additional @ 85%
20 du/ac (existing)
Carl Berg 0 169 du @ 85%
25 du/ac (existing)
Total 1,386 1,318
Mahoney moved and Wong seconded to instruct staff to conform findings on the
following. The motion carried with Santoro and Wong voting no.
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City Council Minutes November 10, 2014
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1. Office: Additional allocation of 2 million square feet for Vallco, additional 500,000
square feet of office for city-wide, and retain the Major employers allocation pool at
540,000 square feet, with special instructions for Vallco allocation as indicated below.
2. Hotel additional 1,000 rooms;
3. Residential: additional allocation of 108 dwelling units;
4. Commercial: no additional allocation
5. Vallco Shopping District: The following allocation for Vallco Shopping District is
contingent upon the approval of a Specific Plan within four years of adoption of the
General Plan.
a. Office Allocation: 2 million square feet;
b. Commercial Allocation: minimum of 600,000 square feet;
c. Residential Allocation: 582 dwelling units;
d. Hotel Allocation: 375 hotel rooms; and
e. If a Specific Plan is not adopted within four years of adoption of the General
Plan:
i. Remove 2 million square feet of office from the Vallco Shopping District
and move 500,000 square feet of office to the city-wide pool (the rest of
the 1.5 million square feet will be removed from the General Plan); and
ii. Remove all residential allocation (582 dwelling units) from Vallco and
redistribute per Scenario B in Motion 1.
6. Heights:
Planning Area City Council Straw Votes on 11/10/14
Heart of the City Special Area
Oaks Gateway − 45 ft. base height; or up to 60 ft. with community benefits
− 25 du/ac
− 35 du/ac; if Vallco Specific Plan not adopted in four years
Glenbrooks site − 30 ft.
− 20 du/ac
North Crossroads
Node
− 45 ft. base height; or up to 60 ft. with community benefits
− Up to 75 ft. with community benefits for Stevens Creek Office Center study area
− 25 du/ac
City Center − 45 ft. base height; or up to 75 ft. with community benefits; or up to 90 ft. with community
benefits on asterisked sites
− 25 du/ac
South Vallco Park − 45 ft. base height; or up to 60 ft. with community benefits
− 35 du/ac
Vallco Shopping District Special Area
East of Wolfe Road − 45 ft.; or up to 90 ft. with community benefits
− 35 du/ac
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City Council Minutes November 10, 2014
7
Planning Area City Council Straw Votes on 11/10/14
West of Wolfe Road − 45 ft. base height; or up to 60 ft. with community benefits; up to 75 ft. with community
benefits for a 200 ft. depth along the Wolfe Rd prop. line and set back 200 ft. from Stevens
Creek Blvd prop. line
− 35 du/ac
N. De Anza Blvd
Special Area
− 45 ft. base height; or up to 60 ft. with community benefits
Homestead Special Area
North De Anza
Gateway (Cupertino
Inn)
− 45 ft. base height; or up to 60 ft. with community benefits; or up to 110 ft. for 5-star hotel with
400-person convention center with community benefits
− 35 du/ac
Stelling Gateway
(east of Stelling)
− 45 ft. base height; or up to 60 ft. with community benefits
− 35 du/ac
North Vallco Park Special Area
N. Vallco Gateway
(west of Wolfe Rd.)
− 45 ft. base height; or up to 60 ft. with community benefits; or up to 90 ft. for a 200 ft. depth
along Wolfe Rd prop line for hotel & major convention center with community benefits
− 25 du/ac
N. Vallco Gateway
(east of Wolfe Rd. –
Hamptons site)
− Up to 75 ft.; up to 60 ft. for buildings within 50 ft. of prop. lines abutting Wolfe Rd,
Pruneridge Ave & Apple Campus 2 site.
− 25 du/ac, if not HE site
− 650 du additional @ 85% (95 du/ac), if Vallco Specific Plan adopted in four year
− 748 du additional @ 85% (99 du/ac), if Vallco Specific Plan not adopted in four years
South De Anza
Boulevard Special
Area
Merge into one area for South De Anza Boulevard
− 30 ft.
− 25 du/ac
Summerwinds HE
Site
− 30 ft.
− 25 du/ac
Building planes
along arterials
1:1 along all arterials
(No change to Heart of the City landscape easement setback of 35 ft.)
Same as Balanced Plan
7. No General Plan land use designation change for the PG&E site.
Wong moved and Mahoney seconded to continue the public hearing, consideration,
deliberation, and decision on all matters listed on the November 10, 2014 agenda and for all
other business on the agenda to November 18, 2014. The motion carried unanimously.
[NOTE: The November 10th public hearing was re-noticed for the December 2, 2014 regular Council
meeting due to noticing errors related to the November 10th meeting and continuance. On December 3
(continued from December 2), 2014 all actions taken at the November 10th meeting were rescinded.]
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City Council Minutes November 10, 2014
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REPORTS BY COUNCIL AND STAFF - None
ADJOURNMENT
At 5:00 a.m. on Tuesday, November 11, Mayor Wong adjourned the meeting as noted above.
_______________________________
Grace Schmidt, City Clerk
Staff reports, backup materials, and items distributed at the City Council meeting are available
for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org.
Click on Agendas & Minutes, then click on the appropriate Packet.
Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99
and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes,
and then click Archived Webcast. Videotapes are available at the Cupertino Library, or may
be purchased from the Cupertino City Channel, 777-2364.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0569 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:12/1/2014 City Council
On agenda:Final action:12/16/2014
Title:Subject: Accept Accounts Payable for period ending November 21, 2014
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council12/16/20141
Subject: Accept Accounts Payable for period ending November 21, 2014
AdoptResolutionNo.14-221acceptingAccountsPayablefortheperiodendingNovember21,
2014
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
November 21, 2014
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in Exhibit “A”.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 16th day of December, 2014, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Mayor Gilbert Wong, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0565 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:11/25/2014 City Council
On agenda:Final action:12/16/2014
Title:Subject: Accept the City Financial Reports for Fiscal Year Ending June 30, 2014
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - FY2013-14 Comprehensive Annual Financial Report
B - Memorandum on Internal Control and Required Communications
C - Independant Accountant's Report on Applying Agreed-Upon Procedures for the City of Cupertino
D - Draft Resolution
Action ByDate Action ResultVer.
City Council12/16/20141
Subject: Accept the City Financial Reports for Fiscal Year Ending June 30, 2014
Accept the reports
CITY OF CUPERTINO Printed on 12/11/2014Page 1 of 1
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ADMINISTRATIVE SERVICES DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: December 16, 2014
Subject
City Financial Reports for Fiscal Year Ending June 30, 2014
Recommended Action
Accept the reports
Description
Staff is pleased to present to the City Council the following financial reports for the
fiscal year ended June 30, 2014:
1. FY2013-14 Comprehensive Annual Financial Report
2. Memorandum on Internal Control and Required Communications
3. Independent Accountant’s Report on Applying Agreed-Upon Procedures for the
City of Cupertino Investment Policy
4. Draft Resolution accepting the City of Cupertino Investment Policy
The City’s certified public accountants audited or issued the first three reports. The
Audit Committee accepted all reports on November 12, 2014. The auditors have given a
clean opinion on the financial statements and the controls associated with producing
the information. The FY2013-14 Comprehensive Annual Financial Report will be
submitted for the Government Finance Officers Association’s Certificate of
Achievement Award.
Fiscal Impact
Acceptance of the reports has no fiscal impact. The reports describe the City’s financial
status as of June 30, 2014.
_____________________________________
Prepared by: Lisa Taitano, Finance Director
Reviewed by: Kristina Alfaro, Director of Administrative Services
Approved for Submission by: David Brandt, City Manager
213
Attachments:
A- FY2013-14 Comprehensive Annual Financial Report
B- Memorandum on Internal Control and Required Communications
C- Independent Accountant’s Report on Applying Agreed-Upon Procedures for the
City of Cupertino Investment Policy
D- Draft Resolution accepting the City of Cupertino Investment Policy
214
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RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING THE CITY INVESTMENT POLICY
WHEREAS, the City has available funds to invest in accordance with principles
of sound treasury management; and
WHEREAS, the City invests funds in accordance with provisions of California
Government Code Section 53600; and
WHEREAS, the California Government Code requires a statement of investment
policy to be reviewed and adopted by the City Council on at least an annual basis; and
WHEREAS, the City’s Audit Committee reviewed and accepted the attached City
Investment Policy on November 12, 2014.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino accepts the attached City Investment Policy dated December 16, 2014.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 16th day of December 2014, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_______________________ ______________________
Grace Schmidt, City Clerk Rod Sinks, Mayor
240
City of Cupertino
Investment Policy
December 16, 2014
POLICY
Under authority granted by the City Council, the City Treasurer and Deputy Treasurer are
responsible for investing the surplus funds of the City.
The investment of the funds of the City of Cupertino is directed to the goals of safety, liquidity
and yield. The authority governing investments for municipal governments is set forth in the
California Government Code, Sections 53601 through 53659.
The primary objective of the investment policy of the City of Cupertino is SAFETY OF
PRINCIPAL. Investments shall be placed in those securities as outlined by type and maturity
sector in this document. Effective cash flow management and resulting cash investment
practices are recognized as essential to good fiscal management and control. The City’s
portfolio shall be designed and managed in a manner responsive to the public trust and consistent
with state and local law. Portfolio management requires continual analysis and as a result the
balance between the various investments and maturities may change in order to give the City of
Cupertino the optimum combination of necessary liquidity and optimal yield based on cash flow
projections.
SCOPE
The investment policy applies to all financial assets of the City of Cupertino as accounted for in
the Comprehensive Annual Financial Report (CAFR). Policy statements outlined in this
document focus on the City of Cupertino’s pooled, surplus funds, but will also apply to all other
funds under the City Treasurer’s span of control unless specifically exempted by statute or
ordinance. This policy is applicable, but not limited to all funds listed below:
General Fund
Special Revenue Funds
Capital Project Funds
Enterprise Funds
Internal Service Funds
Trust and Agency Funds
Any new fund unless specifically exempted
Investments of bond proceeds shall be governed by the provisions of the related bond indentures
and/or cash flow requirements and therefore may extend beyond the maturity limitations as
outlined in this document. Other post employment benefit (OPEB) trust investments are
governed by California Government Code Sections 53620 through 53622 and trust documents.
The trust is governed by a separate investment policy entitled Investment Policy Statement City
of Cupertino Investment Trust that was reviewed by the City of Cupertino Audit Committee and
adopted by the City Manager and the Acting Director of Administrative Services on May 6,
2014.
241
City of Cupertino Investment Policy December 16, 2014
2
PRUDENCE
The standard to be used by investment officials shall be that of a “prudent person” and shall be
applied in the context of managing all aspects of the overall portfolio. Investments shall be made
with judgment and care, under circumstances then prevailing, which persons of prudence,
direction and intelligence exercise in the management of their own affairs, not for speculation,
but for investment, considering the probable safety of their capital as well as the probable income
to be derived.
It is the City’s full intent, at the time of purchase, to hold all investments until maturity to ensure
the return of all invested principal dollars. However, it is realized that market prices of securities
will vary depending on economic and interest rate conditions at any point in time. It is further
recognized that in a well-diversified investment portfolio, occasional measured losses are
inevitable due to economic, bond market, or individual security valuation fluctuations. These
occasional losses must be considered within the context of the overall investment program
objectives and the resultant long-term rate of return.
The City Treasurer and Deputy Treasurer, acting within the intent and scope of the investment
policy and other written procedures and exercising due diligence, shall be relieved of personal
responsibility and liability for an individual security’s credit risk or market price changes,
provided deviations from expectations are reported in a timely manner and appropriate action is
taken to control adverse developments.
OBJECTIVES
The primary objectives, in order of priority, of the City of Cupertino’s investment activities shall
be:
A. Safety of Principal
Safety of principal is the foremost objective of the City of Cupertino. Each investmen t
transaction shall seek to ensure that capital losses are avoided, whether from issuer default,
broker-dealer default or erosion of market value. The City shall seek to preserve principal by
mitigating the two types of risk, credit risk and market risk.
Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be
mitigated by investing in investment grade securities and by diversifying the investment
portfolio so that the failure of any one issuer does not unduly harm the City’s capital
base and cash flow.
242
City of Cupertino Investment Policy December 16, 2014
3
Market risk, defined as market value fluctuations due to overall changes in the general
level of interest rates, shall be mitigated by limiting the average maturity of the City’s
investment portfolio (see maximum maturities) and structuring the portfolio based on
historic and current cash flow analysis eliminating the need to sell securities prior to
maturity and avoiding the purchase of long term securities for the sole purpose of short
term speculation.
B. Liquidity
The City’s investment portfolio will remain sufficiently liquid to meet all operating
requirements which might be reasonably anticipated and provide the City with adequate cash
flows to pay its obligations over the next six months. Additionally, the portfolio should
consist largely of securities with active secondary resale markets.
C. Yield
The City’s investment portfolio shall be designed with the objective of attaining a rate of
return throughout budgetary and economic cycles, commensurate with Cupertino’s
investment risk constraints and cash flow characteristics of the portfolio.
MAXIMUM MATURITIES
Maturities of investments will be selected based on liquidity requirements to minimize interest
rate risk and maximize earnings. Investment of surplus funds shall comply with the maturity
limits as set forth in the California Government Code 53600, et seq. Where this section does not
specify a limitation on the term or remaining maturity at the time of the investment, no
investment shall be made in any security that at the time of the investment has a term remaining
to maturity in excess of five years, unless the Council has granted express authority to make that
investment either specifically or as a part of an investment program approved by the Council no
less than three months prior to the investment.
Reserve funds may be invested in securities exceeding five years if the maturity of such
investments is made to coincide as nearly as practicable with the expected use of the funds.
PERFORMANCE EVALUATION
Investment performance is continually monitored and evaluated by the City Treasurer.
Investment performance statistics and activity reports are generated on a quarterly basis for
presentation to the oversight (audit) committee, City Manager and City Council.
243
City of Cupertino Investment Policy December 16, 2014
4
Yield on the City’s investment portfolio is of secondary importance compared to the safety and
liquidity objectives described above. The City’s investment portfolio shall be designed to attain
a market average rate of return through economic cycles. The market average rate of return is
defined as the average return on the Local Agency Investment Fund (assuming the State does not
adversely affect LAIF’s returns due to budget constraints). Whenever possible, and consistent
with risk limitations as defined herein and prudent investment principles, the Treasurer shall seek
to augment return above the market average rate of return.
DELEGATION OF AUTHORITY
The Treasurer is responsible for investment management decisions and activities per City
Council Resolution.
The Treasurer shall designate a staff person as a liaison/deputy in the event circumstances
require timely action and the Treasurer is not present.
No officer or designee may engage in an investment transaction except as provided under terms
of this policy and the procedures by the Treasurer and approved by the City Manager/Council.
The Treasurer shall be responsible for all transactions undertaken and shall establish a system of
controls to regulate the activities of subordinate officials.
OVERSIGHT COMMITTEE
An audit committee consisting of appropriate internal and external members, appointed by the
City Council, shall be established to provide general oversight and direction concerning the
policies related to management of the City’s investment pool and OPEB trust. The City
Treasurer shall serve in a staff and advisory capacity. The committee shall meet at least
quarterly to review policy changes, new legislation and portfolio status.
ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from personal business
activity that conflicts with proper execution of the investment program, or impairs their ability to
make impartial investment decisions. Additionally the City Treasurer and the Deputy Treasurer
are required to annually file applicable financial disclosures as required by the Fair Political
Practices Commission (FPPC).
SAFEKEEPING OF SECURITIES
To protect against fraud or embezzlement or losses caused by collapse of an individual securities
dealer, all securities owned by the City shall be held in safekeeping by a third party custodian
acting as agent for the City under the terms of a custody agreement. All trades executed by a
dealer will settle delivery versus payment (DVP) through the City’s safekeeping agent.
In order to verify investment holdings, an external auditor, on an annual basis, shall
independently verify securities held in custody for the City.
244
City of Cupertino Investment Policy December 16, 2014
5
All exceptions to this safekeeping policy must be approved by the City Treasurer in written form
and included in the quarterly report to City Council.
INTERNAL CONTROL
Separation of duties between the Treasurer’s function and Finance is designed to provide proper
internal controls to prevent the potential for converting assets or concealing transactions. Dual
transaction controls, separate and independent notifications, and reports provided by financial
institutions shall be used to help implement these controls.
Wire transfers shall be approved prior to being submitted to the financial institution. Wire
transfers initiated by Treasury staff must be reconfirmed by the appropriate financial institution
to Finance staff. Proper documentation is required for each investment transaction and must
include a broker trade confirmation and a cash disbursement wire transfer confirmation. Timely
bank reconciliation is conducted to ensure proper handling of all transactions.
The investment portfolio and all related transactions are reviewed and balanced to appropriate
general ledger accounts by Finance staff on a monthly basis. An independent analysis by an
external auditor shall be conducted annually to review internal control, account activity, and
compliance with policies and procedures. The analysis shall be reported to the audit committee.
REPORTING
The City Treasurer shall prepare a quarterly investment report, including a succinct management
summary that provides a clear picture of the status of the current investment portfolio. The
report will be prepared in a manner that will report all information required under this policy and
the California Government Code. The Treasurer will submit the report to Council no later than
the second regular council meeting, or approximately 45 days following the end of the quarter
covered by the report.
Following its annual or interim adoption by the City Council, this investment policy shall be
remitted to the California Debt and Investment Advisory Commission.
QUALIFIED BROKER/DEALERS
Minimum eligibility criteria for dealers/brokers include a minimum of $1 billion in assets and a
minimum of five years in business. The registration status of all dealers is checked with the
National Association of Securities Dealers.
Dealers are required to acknowledge the receipt and review of the Statement of Investment
Policy, to be familiar with the government code restrictions, and have experience with dealing
with other municipal investors. Dealers are then selected on the basis of yields, services offered,
and references obtained. They may be primary or secondary dealers. The financial institutions
must submit a current annual audited financial statement to ascertain capital adequacy.
245
City of Cupertino Investment Policy December 16, 2014
6
COLLATERAL REQUIREMENTS
Collateral is required for investments in certificates of deposit and repurchase agreements. In
order to reduce market risk, the collateral level will be at least 102% of market value of principal
and accrued interest.
In order to conform with the provisions of the Federal Bankruptcy Code which provides for
liquidation of securities held as collateral, the only securities acceptable as collateral shall be
certificates of deposit, commercial paper, eligible banker’s acceptances, medium term notes, or
securities that are the direct obligations of, or are fully guaranteed as to principal and interest by,
the United States or any agency of the United States.
AUTHORIZED INVESTMENTS
Investment of City funds is governed by the California Government Code Sections 53600 et seq.
Within the context of the limitations, the following investments are authorized, as further limited
herein:
1. United States Treasury Bills, Bonds, and Notes or those for which the full faith and
credit of the United States are pledged for payment of principal and interest. There is
no percentage limitation of the portfolio that can be invested in this category, although
a five-year maturity limitation is applicable.
2. Obligations issued by the Government National Mortgage Association (GNMA), the
Federal Farm Credit System (FFCB), the Federal Home Loan Bank Board (FHLB), the
Federal National Mortgage Association (FNMA), the Student Loan Marketing
Association (SLMA), and the Federal Home Loan Mortgage Association (FHLMC).
There is no percentage limitation of the portfolio that can be invested in this category.
A five-year maturity limitation is applicable.
3. Banker’s Acceptances (bills of exchange or time drafts drawn on and accepted by
commercial banks) may not exceed 180 days to maturity or 40% of the cost value of the
portfolio.
4. Local Agency Investment Fund (LAIF), which is a State of California managed
investment pool, may be used up to the maximum permitted by California state law.
Investment officers will review LAIF’s investment policy, investment mix, rate of
return, etc. on a monthly basis.
Investments detailed in items 5 through 10 are further restricted to percentage of the cost value of
the portfolio in any one-issuer name to a maximum of 10%. The total value invested in any one
issuer shall not exceed 5% of the issuer’s net worth. Again, a five-year maximum maturity
limitation is applicable unless further restricted by this policy.
5. Commercial paper ranked P1 by Moody’s Investor Services or A1+ by Standard &
Poor’s, and issued by domestic corporations having assets in excess of $500,000,000
and having an AA or better rating on its long-term debentures as provided by Moody’s
or Standard & Poor’s. Purchases of eligible commercial paper may not exceed 270
246
City of Cupertino Investment Policy December 16, 2014
7
days to maturity nor represent more than 10% of the outstanding paper of the issuing
corporation. Purchases of commercial paper may not exceed 25% of the cost value of
the portfolio.
6. Negotiable Certificates of Deposits issued by nationally or state chartered banks, state
or federal savings institutions, or state or federal credit unions. These institutions may
use a private sector entity to assist in the placement of the certificates of deposit under
the conditions specified by the Government Code. Purchases of Negotiable Certificates
of Deposit may not exceed 30% of the cost value of the portfolio. A maturity limitation
of five years is applicable.
7. Repurchase agreements that specify terms and conditions may be transacted with banks
and broker dealers. The maturity of the repurchase agreements shall not exceed one
year. The market value of the securities used as collateral for the repurchase
agreements shall be monitored by the investment staff and shall not be allowed to fall
below 102% of the value of the repurchase agreement. A PSA Master Repurchase
Agreement is required between the City of Cupertino and the broker/dealer or financial
institution for all repurchase agreements transacted.
8. Reverse repurchase agreements are not authorized.
9. Certificates of Deposit (time deposits), non-negotiable and collateralized in accordance
with the California Government Code, may be purchased through banks, savings and
loan associations, or credit unions. Within a limit of 30% of the cost value of the
portfolio, these institutions may use a private sector entity to assist in the placement of
the time deposits under the conditions specified by the Government Code.
10. Medium Term Corporate Notes issued by corporations organized and operating in the
United States with a maximum maturity of five years may be purchased. Securities
eligible for investment shall be rated A or better by Moody’s or Standard & Poor’s
rating services. Purchase of medium term notes may not exceed 30% of the cost value
of the portfolio.
11. Bonds issued by the local agency, including bonds payable solely out of the revenues
from a revenue producing property owned, controlled or operated by the local agency
or by a department, board, agency, or authority of the local agency.
12. Registered state warrants or treasury notes or bonds of this state, including bonds
payable solely out of the revenues from a revenue producing property owned,
controlled or operated by the state or by a department, board, agency or authority of the
state.
13. Bonds, notes, warrants or other evidences of indebtedness of any local agency within
this state.
14. Various daily money market funds administered for or by trustees, paying agents and
custodian banks contracted by the City of Cupertino may be purchased as allowed
under State of California Government Code. Only funds holding U.S. Treasury
247
City of Cupertino Investment Policy December 16, 2014
8
obligations, Government agency obligations, or repurchase agreements collateralized
by U.S. Treasury or Government agency obligations can be utilized and may not exceed
20% of the cost value of the portfolio.
15. Ineligible investments are those that are not described herein, including but not limited
to, common stocks and long-term (over five years in maturity) notes and bonds are
prohibited from use in this portfolio. It is noted that special circumstances arise that
necessitate the purchase of securities beyond the five-year limitation. On such
occasions, requests must be approved by City Council prior to purchase.
DEPOSITS
To be eligible to receive local agency money, a bank, savings association, federal association, or
federally insured industrial loan company shall have received an overall rating of not less than
“satisfactory” in its most recent evaluation by the appropriate federal financial supervisorial
agency of its record of meeting the credit needs of California’s communities.
INTEREST EARNINGS
All moneys earned and collected from investments authorized in this policy shall be allocated
monthly to various fund accounts based on the cash balance in each fund as a percentage of the
entire pooled portfolio.
POLICY REVIEW
The City of Cupertino’s investment policy shall be adopted by resolution of the City Council on
an annual basis. This investment policy shall be reviewed at least annually to ensure its
consistency with the overall objectives of preservation of principal, liquidity, and yield, and its
relevance to current law and financial and economic trends.
248
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0581 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:12/9/2014 City Council
On agenda:Final action:12/16/2014
Title:Subject: Cancel the second meeting in February (17th)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Action ByDate Action ResultVer.
City Council12/16/20141
Subject: Cancel the second meeting in February (17th)
Cancel the meeting
CITY OF CUPERTINO Printed on 12/11/2014Page 1 of 1
powered by Legistar™249
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: December 16, 2014
Subject
Cancel the second meeting in February (17th).
Recommended Action
Cancel the meeting.
Discussion
Two Council members will be out of town on this date.
_____________________________________
Prepared by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments: None
250
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0455 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:9/23/2014 City Council
On agenda:Final action:12/16/2014
Title:Subject: Approve the destruction of records from the City Manager, Human Resources, Public Works,
and Recreation & Community Services departments
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
B - Approved Reso. No. 13-094
Action ByDate Action ResultVer.
City Council12/16/20141
Subject: Approve the destruction of records from the City Manager, Human Resources, Public
Works, and Recreation & Community Services departments
Adopt Resolution No. 14-222 approving the destruction of records from the City Manager,
Human Resources, Public Works, and Recreation & Community Services departments
CITY OF CUPERTINO Printed on 12/11/2014Page 1 of 1
powered by Legistar™251
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: December 16, 2014
Subject
Approve the destruction of records from the City Manager, Human Resources, Public
Works, and Recreation & Community Services departments.
Recommended Action
Adopt the draft resolution approving the destruction of records.
Discussion
The City Council has adopted a records retention schedule for the City of Cupertino,
Resolution No. 13-094. The retention schedule determines that certain records in excess
of two years old can be destroyed. The department request for permission to destroy all
said records in excess of two years old as noted in the draft resolution attachment has
been approved by the Department Head, City Attorney, and City Clerk.
_____________________________________
Prepared by: Kirsten Squarcia, Deputy City Clerk
Reviewed by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments:
A - Draft Resolution
B – Approved Resolution No. 13-094
252
RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING DESTRUCTION OF CERTAIN RECORDS FROM THE
CITY MANAGER, HUMAN RESOURCES, PUBLIC WORKS, AND
RECREATION & COMMUNITY SERVICES DEPARTMENTS
WHEREAS, the City Council did by adoption of Resolution No. 13-094
establish rules and regulations for records retention and destruction; and
WHEREAS, it has been determined that certain records in excess of two
years old no longer contain data of any historical or administrative significance;
and
WHEREAS, the department request for permission to destroy all said
records in excess of two years old has been approved by the Department Head,
City Attorney, and City Clerk;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Cupertino authorizes destruction of the records specified in the schedule
attached hereto.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 16th day of December, 2014, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
___________________________ _______________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
253
Resolution
authorizing
destruction: 14-
Additional
information:
Department
CITY
MANAGER
CITY
MANAGER
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: Citywide Iron Mountain 2014 -
Destroyed Scanned Microfilmed
Date records Date: Date paper Date: Date paper
destroyed: destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
~
Name Box Number Subject Address Date Ranges Type
191048390 HUMAN SERVICES-1984 (FUNDING) D
FUNDING & SURVEY 1995-2002
(FUNDING)
1999-2000
(SURVEY)
517632127 NEWS CLIPPINGS -12/18/2008 D
MANDARIN/ENGLISH 12/31/2013
./
!/~
254
Resolution
authorizing
destruction: 14-
Additional
information:
Department
HUMAN
RESOURCES
HUMAN
RESOURCES
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to citvclerk@cupertino.org
File name or Box number: Citywide Iron Mountain 2014 -
Destroyed Scanned
Date records Date: Date paper Date:
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
~
Name Box Number Subject Address
191048398 INSURANCE CLAIMS,
.
CLOSED MULTI-YEAR
422370594 INSURANCE CLAIMS
Microfilmed
Date paper
destroyed:
Date Ranges Type
01-01-2004-D
12-31-2004
111/06-12-31-06 D
.A
~!
256
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51.001.01
51,002.02
51,010
51,011.01
51,015.01
51,023
51,027
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-001
Destroyed Scanned Microfilmed
Date records Date: Date paper Date: Date paper
destroyed: destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning -
Name Subject Address Date Ranges Other Type
information
L. Dura Style Eaton (Correspondence) 1963-1988 M CW-009, 2 yrs D
Fred Anderson (Correspondence) 1971 M CW-009, 2 yrs D
Bethany Baptist (Correspondence) 1961 M CW-009, 2 yrs D
Jack in the Box (Correspondence) 1974M CW-009, 2 yrs D
Straw Hat Pizza (Correspondence) 1968M CW-009, 2 yrs D
Routt, M. (Correspondence) 1962M CW-009, 2 yrs D
Cupertino Town Center (Administration, 1973 M PW-024, Comp.+ D
Correspondence)
2002F
10 yrs
CW-009, 2 yrs
Page 1 of 13 :,/
d
258
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51,027.02
51,027.03
51,027.08
51,027.13
51,032.21
51,047.00
51,047.01
51,048.00
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
----------------· ----File name or Box number: PW-LD-001
Destroyed Scanned Microfilmed
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
~
Name Subject Address Date Ranges
Pacifica Extension (Administration) 1964M
Pacific Medical Building 1966M
(Correspondence)
Marchant (Correspondence) 1965 M
Jackson Donovan (Correspondence) 1976M
P.J. Mulligan (Correspondence) 1982M
Carriage Oaks (Correspondence) 1963 M
College Park (Correspondence) 1965 M
Central Business District -Mariani
1965M (Correspondence)
Date:
Other
information
PW-024, Comp.
+lOyrs
CW-009, 2 yrs
CW-009, 2 yrs
CW-009, 2 yrs
CW-009, 2 yrs
CW-009, 2 yrs
CW-009, 2yrs
CW-009, 2 yrs
Date paper
destroyed:
Type
D
D
D
D
D
D
D
D
Page 2 of13 v
-~" ./ '· 01
259
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51,052.00
51,053.02
51,054.00
51,059.00
51,075.15
51,075.17
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
---------------File name or Box number: PW-LD-001
Destroyed Scanned Microfilmed
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges
Blaney/Portal School (Correspondence) 1963 M
DeAnza College Racketball-Handball 1976M (Correspondence)
Mountain Shadows (Correspondence) 1963 M
Perkins Medical Building 1963 M (Correspondence)
Professional Building PruneridgeNalco 1971 M (Correspondence)
Vallco Industrial Building -Tantau 1972M
(Correspondence)
Date:
Other
information
CW-009, 2 yrs
CW-009, 2 yrs
CW-009, 2 yrs
CW-009, 2 yrs
CW-009, 2 yrs
CW-009, 2 yrs
Date paper
destroyed:
Type
D
D
D
D
D
D
Page 3 of 13 ,,,--
r--?d r~c
!/ '
260
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51,075.45
-
51,075.40
51,082
51,088
51,089
51,091
51,094
51,097
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-001
Destroyed Scanned Microfilmed.
Date records Date: II Date paper
destroyed: Ill destroyed:
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges
Tandem Computers SW on West Side of 1990M
Tantau Bldg #200 (Correspondence)
Tandem Computers Jackpot Bldg 201 1988M
(Correspondence, Traffic Study)
Bianchi Way (Correspondence) 1963 M
Gaglaisso Properties (Correspondence) 1963 M
Walter Scott (Correspondence) 1963 M
Paganini & Portal (Correspondence) 1965M
Sun Building (Correspondence) 1963 M
Luippold Convalescent (Correspondence) 1964M
Date:
Other
information
CW-009, 2 yrs
CW-009, 2 yrs
PW-035, 10 yrs
CW-009, 2 yrs
CW-009, 2 yrs
CW-009, 2 yrs
CW-009, 2 yrs
CW-009, 2 yrs
CW-009, 2 yrs
Date paper
destroyed:
Type
D
D
D
D
D
D
D
D
Page 4of13
-~ ./ -_-.. :l
v/,.
261
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51,098
, 51,100
51,106
51,107
51,110
51,110.01
51,140
51,142
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
·------~------File name or Box number: PW-LD-001
Destroyed Scanned Microfilmed
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges
Pert CPM (Correspondence) 1964M
Ryan (Correspondence) 1965M
Lillo (Correspondence) 1964M
Deep Cliff Rezoning (Correspondence) 1964M
Horse Farm (Correspondence) 1963 M
Laguan DeAnza (Correspondence) 1965M
Felton Park (Cash Receipt, 1977M
Correspondence)
La Cresta (Cash Receipt, Correspondence) 1964M
Date:
Other
information
CW-009, 2 yrs
CW-009, 2 yrs
CW-009, 2 yrs
CW-009, 2 yrs
CW-009, 2 yrs
CW-009, 2 yrs
CW-007, 1 yr
CW-009, 2 yrs
CW-007, 1 yr
CW-009, 2 yrs
Date paper
destroyed:
Type
D
D
D
D
D
D
D
D
Page 5 of13 /
-cPJ?
~-(:}
262
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51,133.01
51,151
51,152
51,154
51,157
51,166
51,174
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
-------------------------------File name or Box number: PW-LD-001
Destroyed Scanned
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
~
Name Subject Address Date Ranges
Barclay's Bank (Correspondence) 1972M
Pete Camardu (Correspondence) 1964
Byron Property (Correspondence) 1964
Chow-Rodrigues (Cash Receipt, 1964
Correspondence)
St. Joseph Catholic Church 1965
(Correspondence)
Assembly of God (Drafts)
Don's Restaurant (Project Administration). 1967
Date:
Microfilmed
Date paper
destroyed:
Other Type
information
CW-009, 2 yrs D
CW-009, 2 yrs D
CW-009, 2 yrs D
CW-007, 1 yr D
CW-009, 2 yrs
CW-009, 2 yrs D
CW-012 D
PW-010; Comp.+ D
10 yrs
Page 6of13
-'""" ·'"""'_;;I ,.., -.SJ
263
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51,198
51,210
51,216.2
51,228
. 51,228.1
51,235
51,264.01
51,262
51,251
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-001
Destroyed Scanned Microfilmed
Date records Date: Date paper Date: Date paper
destroyed: destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges Other Type
information
DeAnza Baptist (Correspondence) 1972M CW-009, 2 yrs D
R.W. Young (Correspondence) 1964M CW-009, 2 yrs D
.
McDonalds (Correspondence) 1975M CW-009, 2 yrs D
Michielsen (Correspondence) 1963 M CW-009, 2 yrs D
Lost Mine Restaurant (Correspondence) 1964M CW-009, 2 yrs D
Sahanher Mgmt (Corresdpondence) 1970M CW-009, 2 yrs D
Urich (Correspondence) 1971 M CW-009, 2 yrs D
PG&E (Correspondence) 1970M CW-009, 2 yrs D
Roundtree (Correspondence) 1985M CW-009, 2 yrs D
Page 7 of 13 ,./
-;;-:; ..,...._ •-::!
264
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51,247
51,242
51,251.01
51,255
51,257
51,258
51,259.01
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to citvclerk@cupertino.org
File name or Box number: PW-LD-001
Destroved Scanned Microfilmed
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges
Brien Wilson (Correspondence, Cash 1970M
Receipt)
Atlantic Richfield (Correspondence, Cash 1970M
Receipt)
Sartina Baldassini (Correspondence) 1971 M
Maggie Property (Correspondence) 1979M
Kleemann (Correspondence) 1971 M
Falender Homes (Correspondence) 1971 M
California Canadian Bank 1974M
(Correspondence)
Date:
Other
information
CW-009, 2 yrs
CW-007, 1 yr
CW-009, 2 yrs
CW-007, I yr
CW-009, 2 yrs
CW-009, 2 yrs
CW-009, 2 yrs
. CW-009, 2 yrs
CW-009, 2 yrs
Date paper
destroyed:
Type
D
D
D
D
D
D
D
Page 8 of13 v/
_.,~ /
""' """
265
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51,289
51,278
51,283.02
51,287
51,290
51,291
51,292
51,293
51,294.01
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to citvclerk@cupertino.org
File name or Box number: PW-LD-001 --
Destroyed Scanned Microfilmed
Date records Date: Date paper Date: Date paper
destroyed: destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
~
Name Subject Address Date Ranges Other Type
information
Cali Property (Traffic Study) 1973 M PW-035, 5 yrs D
Land Dev. (Correspondence) 1971 M CW-009, 2 yrs D
Oaks Shopping Center (Correspondence) 1982M CW-009, 2 yrs D
Maionchi, E (Project Administration) 1969M PW-010, Comp.+ D
10 yrs
Gina Inc (Correspondence) 1971 M CW-009, 2 yrs D
Gregory Property (Correspondence) 1970M CW-009, 2 yrs D
Robert Ippolito (Correspondence) 1970M CW-009, 2 yrs D
Silver Manor (Correspondence) 1971 M CW-009, 2 yrs D
Divers Dock (Correspondence) 1982M CW-009, 2 yrs D
Page 9 of 13 v·
-,;:if
266
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51,295
51,305
51,314
51,331
51,332.01
51,333.05
51,338
51,352
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-001
Destroyed Scanned
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges
Whitecliff Realty (Correspondence) 1971 M
Ellenwood (Drafts) M
Maierantonio (Correspondence) 1967M
May Investment (Project Administration) 1974M
Harold C. Thomas (Project 1964M
Administration)
Barnhart Const. Co. (Correspondence) 1974M
Eureka Federal Savings (Correspondence) 1974M
Louis Ramano {Correspondence) 1974M
Date:
Microfilmed
Date paper
destroyed:
Other Type
information
CW-009, 2 yrs D
CW-010 D
CW-009 D
PW-024; Comp.+ D
10 yrs
PW-024; Comp.+ D
10 yrs
CW-009, 2 yrs D
CW-009, 2 yrs D
CW-009, 2 yrs D
Page 10of13 ,.
. :1
-.• ·'' ,,4 :.>--· ,._;i:..
267
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51,356
51,359
51,362
51,387
51,392.05
51,414
51,420
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-001
Destroyed Scanned
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges
Cali Feed Mill (Correspondence) 1975M
Rustic Homes (Project Administration) 1972M
Marchese Salvatore (Project 1974 M
Administration)
Spring Oak (Correspondence) 1977M
Sobrato D_yv. 280/DeAnza 1989M
(Correspoondence)
·,, , ..._____. __ ,/
Spily, Jeffrey (Correspondence) 1977M
Catholic Church Property 1977M
(Correspondence)
Date:
Microfilmed
Date paper
destroyed:
Other
information
CW-009, 2 yrs
PW-024, Comp.+
10 yrs
PW-024, Comp.+
10 yrs
CW-009, 2 yrs
CW-009, 2 yrs
CW-009, 2 yrs
CW-009, 2 yrs
Type
D
D
D
D
D
D
D
Page 11 of 13 v
.~·-d
268
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51,428
51,438
51,452
51,456
51,457.01
51,460
51,505
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
--------------------·-------------File name or Box number: PW-LD-001
Destroyed Scanned
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
~
Name Subject Address Date Ranges
Griffin, Dennis (Receipt) 1971 M
Sibley, Hiram (Project Administration) 1977M
DeAnza Condos (Correspondence) 1979M
Sengley (Correspondence) 1978 M
Ylahos, John (Project Administration) 1996M
Ruffenach, James (Receipt) 1978 M
Abbott Development (Project 1980M
Administration)
Date:
Microfilmed
Date paper
destroyed:
Other Type
information
CW-007, 1 yr D
PW-024, Comp.+ D
10 yrs
CW-009, 2 yrs D
CW-009, 2 yrs D
PW-024, Comp.+ D
10 yrs
CW-007, 1 yr D
PW-024, Comp.+ D
10 yrs
Page 12of13
--:--V
" ~/
v'
269
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51,506
51,509
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-001
Destroyed Scanned
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges
Tract 1647 (Draft Plans) 1980M
Forsythe, James (Draft Plans) 1979M
Date:
Microfilmed
Date paper
destroyed:
Other Type
information
PW-024, Comp.+ D
10 yrs
PW-024, Comp.+ D
10 yrs
Page 13 of 13 ,,,,
___,? ..,;'
V"-,_,/
270
Resolution
authorizing
destruction:
Number to be
used for
microfiche card
51,515
51,516.02
51,522.02
51,522.03
51,522.04
51,526
51,530.01
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-002
Destroyed Scanned Microfilmed
Date records Date: Date paper Date: Date paper
destroyed: destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges Other Type
information
William, Carmen (Project Administration) 1980M PW-024, Comp.+ D
10 yrs
Margaretich (Project Administration) 1986M PW-024, Comp.+ D
10 yrs
Rastogi, Laxmi K. (Correspondence) 1987M CW-009, 2 yrs D
Ng, Franklin (Correspondence) 1987M CW-009, 2 yrs D
King, Edward (Correspondence) 1987M CW-009, 2 yrs D
Barnhart Construction (Project 1980M PW-024, Comp.+ D
Administration) 10 yrs
Ng, Chen Pong (Project Administration) 1984M PW-024, Comp.+ D
10 yrs
Pagelof8 /
o(,<
271
Resolution
authorizing
destruction:
Number to be
used for
microfiche card
51,531
51,535.01
51,537
51,539.01
51,542.01
51,554
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-002
Destroyed Scanned Microfilmed
Date records Date: Date paper Date: Date paper
destroyed: destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges Other Type
information
Ainsworth, Catherine (Project 1979M PW-024, Comp.+ D
Administration) 10 yrs
Sisk, Jim (Project Administration) 1987M PW-024, Comp.+ D
10 yrs
Karuzich, Margaret (Project 1988M PW-024, Comp.+ D
Administration) 10 yrs
Uenaka (Project Administration) 1982M PW-024, Comp. + D
IO yrs
Salia (Cash Receipt) 1988M CW-007, 1 yr D
Grey (Project Administration) 1981 M PW-024, Comp.+ D
10 yrs
Page2 of8 /
-? ,
v' -ef
272
Resolution
authorizing
destruction:
Number to be
used for
microfiche card
51,556
51,581
51,588
51,601.07
51,601.08
51,603
51,617.01
51,619.02
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-002
Destroyed Scanned Microfilmed
Date records Date: Date paper Date: Date paper
destroyed: destroyed: destroyed:
D=Destruction M=l\'!icrofilm S=Scanning
Name Subject Address Date Ranges Other Type
information
Barnes, Barre (Project Administration) 1982M PW-024, Comp. + D
10 yrs
K-Land Office (Correspondence) 1981 M CW-009, 2 yrs D
Sabin, Dennis (Correspondence) 1982M CW-009, 2 yrs D
Cupertino City Center Apartements 1994M CW-009, 2 yrs D
(Correspondence)
Cupertino City Center (Correspondence) 1997-2001 M CW-009, 2 yrs D
Brown, Peninsula Ave. (Project 1986M PW-024, Comp.+ D
Administration) 10 yrs
Yagil Hertzberg (Correspondence) 1985M CW-009, 2 yrs D
Andrews, Tom (Cash Receipt) 1985M CW-007, 1 yr D
Page3 of8
-:::;;-~
273
Resolution
authorizing
destruction:
Number to be
used for
microfiche card
51,620
51,621
51,625
51,635
51,640
51,643
51,645
51,647.01
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-002
Destroved Scanned Microfilmed
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
~
Name Subject Address Date Ranges
Rico, Gabriel (Correspondence) 1983 M
Gonzales, Manuel (Cash Receipt, 1984M
Correspondence)
Armour Gas-N-Save (Correspondence) 1984M
Laird, Jeff(Cash Receipt, 1984M
Correspondence)
Baxley, Bill (Cash Receipt) 1985 M
Pacchetti, E.J. (Correspondence) 1985M
Call, Gordon (Correspondence) 1984M
Vogel Construction (Cash Receipt) 1985M
Date:
Other
information
CW-009, 2 yrs
CW-007, 1 yr
CW-009, 2 yrs
CW-009, 2 yrs
CW-007, 1 yr
CW-009, 2 yrs
CW-007, 1 yr
CW-009, 2 yrs
CW-009, 2 yrs
CW-007, 1 yr
Date paper
destroyed:
Type
D
D
D
D
D
D
D
D
Page 4 of8 v,,-
__,, 1 c_:;..::.ff
274
Resolution
authorizing
destruction:
Number to be
used for
microfiche card
51,647.02
51,647.03
51,647.05
51,648.01
51,654
51,674
51,687
51,695
51,700
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-002
Destroyed Scanned Microfilmed
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
~
Name Subject Address Date Ranges
Vogel Construction(Cash Receipt) 1985M
Lin, Por Shi (Cash Receipt) 1986M
Dyrdahi, Clyde (Cash Receipt) 1987M
Woolworth Construction (Cash Receipt) 1988M
Guzman, Dick (Cash Receipt) 1989M
Civil Engineering Assoc. 1985M
(Correspondence)
Margaretich (Correspondence) 1985M
Evelyn Shirley (Correspondence) 1985M
Arnold Nite (Correspondence) 1986M
Date:
Other
information
CW-007, 1 yr
CW-007, 1 yr
CW-007, 1 yr
CW-007, 1 yr
CW-007, 1 yr
CW-009, 2 yrs
CW-009, 2 yrs
CW-009, 2 yrs
CW-009, 2 yrs
Date paper
destroyed:
Type
D
D
D
D
D
D
D
D
D
Page 5 of 8 ,_,,./
-/'. ..:.· c:;::-:: 1,7--
275
Resolution
authorizing
destruction:
Number to be
used for
microfiche card
51,707
51,709
51,710
51,712
51,713
51,717
51,723
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-002
Destroyed Scanned
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges
Perusina (Project Administration) 1986M
Barnes, B. (Project Administration) 1986M
Swenson (Project Administration) 1986M
Eaton School (Correspondence) 1986M
Pala Vista Ave. (Cash Receipt) 1985M
Mangamo (Project Administration) 1986M
Diversified Calif. Invest. (Cash Receipt) 1985M
Date:
Microfilmed
Date paper
destroyed:
Other
information
PW-024, Comp.+
10 yrs.
PW-024, Comp.+
10 yrs.
PW-024, Comp. +
10 yrs
CW-009, 2 yrs
CW-007, 1 yr
PW-024, Comp.+
10 yrs
CW-007, 1 yr
Type
D
D
D
D
D
D
D
Page6of8 /
_,, J
v-e<
276
Resolution
authorizing
destruction:
Number to be
used for
microfiche card
51,732
51,733
51,734
51,735
51,737
51,744
51,746
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-002
Destroyed Scanned
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges
Peterson (Project Administration) 1986M
Washer (Project Administration) 1986M
Rosenthal, Jack (Project Administration) 1985M
Peterson Festival (Project Administration) 1986M
Stockhneir 22621 Poppy (Cash Receipt) 1986M
Brown, Terry (Correspondence) 1986M
Shaw, Jim (Correspondence) 1986M
Date:
Microfilmed
Date paper
destroyed:
Other
information
PW-024, Comp. +
10 yrs
PW-024, Comp. +
10 yrs
PW-024, Comp.+
10 yrs
PW-024, Comp.+
10 yrs.
CW-007, 1 yr
CW-009, 2 yrs
CW-009, 2 yrs
Type
D
D
D
D
D
D
D
Page 7 of 8 r"/
_.,-c ,;!
C"'-e<
277
Resolution
authorizing
destruction:
Number to be
used for
microfiche card
51,749
51,764
51,766
51,768
51,814
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
------------------~-----------File name or Box number: PW-LD-002
Destroyed Scanned
Date records Date: Date paper
destroyed: destroyed:
:11
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges
Bitter, John (Correspondence) 1986M
Brown, Terry Cordova & Santa Lucia 1986M
(Project Administration)
Lang, Allen (Correspondence) 1987M
Curt, Shirley (Project Administration) 1987M
Toby, Jeremy & Kathleen (Project 1988M
Administration)
Date:
Microfilmed
Date paper
destroyed:
Other
information
CW-009, 2 yrs
PW-024, Comp.+
10 yrs
CW-009, 2 yrs
PW-024, Comp. +
10 yrs
PW-024, Comp.+
10 yrs
Type
D
D
D
D
D
Page 8 of8
/ ,,
-(i/4
./
,/
278
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51,705
51,675
51,726
51,736
51,739
51,741
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR ~CANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-003
Destroyed Scanned
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges
Sung, Eric Rainbow/Stelling (Project 1988-1989 F
Administration, Cash Receipt,
Correspondence)
Vista Knoll (Correspondence) 2003
Hunter, DeAnza/Blossom (Project 1986-1992 F Administration, Cash Receipt)
Bateh Bros. (Correspondence) 1986-1989 F
Apple Computer, DeAnza & Mariani 1986-1988 F (Project Administration)
Anderson, Roger (Cash Receipt, 1988-1992 F
Correspondence)
Date:
Microfilmed
Date paper
destroyed:
Other
information
CW-007, 1 yr
CW-009, 2 yrs
PW-024; Comp.+
10 yrs
CW-009, 2 yrs
CW-007, 1 yr
PW-024, Comp.+
10 yrs
CW-009, 2 yrs
PW-024; Comp.+
10 yrs
CW-007, 1 yr
CW-009, 2 yrs
Type
D
D
D
D
D
D
Page 1 of7
--:'A' .----
279
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51,747
51,773
51,776
51,782
51,784
51,790
51,797
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-003
Destroyed Scanned Microfilmed
Date records Date: Date paper Date: Date paper
destroyed: destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges Other Type
information
Stocklmeir (Project Administration, Cash 1986F/M PW-024, Comp.+ D
Receipt, Correspondence) 10 yrs;
CW-007, 1 yr
CW-009, 2 yrs
Haas, Peter (Correspondence) 1987M CW-009, 2 yrs D
Federspiel (Correspondence) 1987M CW-009, 2 yrs D
Call, Gordon (Correspoondence) 1986M CW-009, 2 yrs D
Hoffman, David (Cash Receipt) 1987M CW-007, 1 yr D
MacKenzie, Don (Cash Receipt) 1987M CW-007, 1 yr D
Eychner, Brian (Correspondence) 1987M CW-009, 2 yrs D
Page2 of7 / ___ , :?
>"'<
280
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51,806
51,809
51,818
51,829
51,832
51,835
51,841
51,850
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-003
Destroyed Scanned Microfilmed
Date records Date: Date paper Date: Date paper
destroyed: destroyed: destroyed:
D=Destruction M=Micro:ftlm S=Scanning
Name Subject Address Date Ranges Other Type
information
Magnaglri, Mario & Grace 1987M CW-009, 2 yrs D
(Correspondence)
Rao, Sam (Correspondence) 1987M CW-009, 2 yrs D
Bahamian, Ed (Correspondence) 1990 M CW-009, 2 yrs D
Arco Fast Snacks (Correspondence) 1988 M CW-009, 2 yrs D
Farlin, James Franusich (Cash Receipt) 1988 M CW-007, 1 yrs D
Fallon, Michael; Liberty Properties 2000F PW-024, Comp. + D
(Project Administration) 10 yrs
Kinst, William (Correspondence) 1988 M CW-009, 2 yrs D
Myrtle, Chelbey (Cash Receipt) 1988 M CW-007, 1 yr D
Page 3 9f7 •
--·~ _))
281
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51,852
51,857
51,859
51,865
51,869
51,883
51,886
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
----------------------------------File name or Box number: PW-LD-003
Destroyed Scanned
Date records Date: ,II Date paper
destroyed: Ill destroyed:
D=Destruction M=Microfilm S=Scanning
~
Name Subject Address Date Ranges
Abdul, Surani (Correspondence) 1989M
Adler, Ross (Project Administration) 1976-1989M
Lucas, Donald (Correspondencen)
' / ~/
1989-1991 M
Radish, Katie (Project Administration) 1997 F
Randall, Dick (Project Administration) 1988-1989 M
Tsang, Cathy (Project Administration) 1989-1992 M
St. Joseph's -Prometheus (Cash Receipt) 1989-1991 M
Date:
Microfilmed
Date paper
destroyed:
Other
information
CW-009, 2 yrs
PW-024, Comp.+
10 yrs
CW-009, 2 yrs
PW-024, Comp.+
10 yrs
PW-024, Comp.+
10 yrs
PW-024, Comp.+
10 yrs
CW-007, 1 yr
Type
D
D
D
D
D
D
D
Page4 of7 "/
-,,?../ ""' -
282
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51,888
51,892
51,907
51,911
51,908
51,923
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-003
Destroyed Scanned Microfilmed
Date records Date: Date paper Date: Date paper
destroyed: destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges Other Type
information
Ho, Steve (Project Administration) 1989-1991 M PW-024, Comp.+ D
10 yrs
Sisk, Jim/Brown, Terry (Correspondence) 1989-1992M CW-009, 2 yrs D
Miller, Larry (Project Administration) 1993 -1995 F PW-024, Comp. + D
10 yrs
Clark, Rosa (Project Administration) 1989-1993 M PW-024, Comp.+ D
lOyrs
Kumar, A.B.R. (Project Administration) 1999-2000 F PW-024, Comp.+ D
10 yrs
Chevron Oil (Project Administration) 1989-1992 M PW-024, Comp.+ D
lOyrs
Page5 of7 /
--·"::.#..-,/'
</ '
283
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51,927
51,931
51,935
51,939
51,941
51,943
51,953
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-003 ----------------__ " ____ ----------
Destroyed Scanned Microfilmed
Date records Date: Date paper Date: Date paper
destroyed: destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
~
Name Subject Address Date Ranges Other Type
information
Thomas, Ralph (Correspondence) 1990M CW-009, 2 yrs D
DiSalvo, Vincent (Project Administration) 1989 -1991 M PW-024, Comp.+ D
10 yrs
Troiano, Mike (Correspondence) 1991 M CW-009, 2 yrs D
Scott, Richard (Project Administration) 1990-1991 M PW-024, Comp.+ D
10 yrs
BP Gas Station (Correspondence) 1991 M CW-009, 2 yrs D
Kersulovich, John (Correspondence, Cash 1995-1996 M CW-009, 2 yrs D
Receipt)
CW-007, 1 yr
Lin, Ching Stelling & Seebler (Project 1992-1999 F PW-024, Comp.+ D
Administration) 10 yrs
Pag_:J °}7 ·'°'
,-.:. ...; _,.. r..-
284
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51,955
51,957
51,958
51,965
51,966
51,974
51,980
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-003
Destroyed Scanned Microfilmed
Date records Date: Date paper Date: Date paper
destroyed: destroyed: destroyed:
D=Destmction M=Microfilm S=Scanning
~
Name Subject Address Date Ranges Other Type
information
Brown, Joseph Dr. (Project 1983-1991 M PW-024, Comp.+ D
Administration) 10 yrs
Pericilis, Michael (Project Administration) 1983 -1991 M PW-024, Comp.+ D
10 yrs
Chawla, Sunil (Correspondence) 1987-1992 M CW-009, 2 yrs D
Jack in the Box (Traffic Study) 1992M PW-035, 5 yrs D
Hoxsie, Bob (Correspondence) 1992M CW-009, 2 yrs D
Parekh, Mehta (Project Administration) 1991 M PW-024, Comp.+ D
10 yrs
Sethe, Harlan -Upland Way (Project 1992-1999 F PW-024, Comp.+ D
Administration) 10 yrs
Page 7 of7 -, ;
--,<~ ~7 (..,
285
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51,976.01
51,979
51,987
51,988
51,992
51,994
52,023
52,046
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-004
Destroyed Scanned
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges
Fran Lee Construction (Project 1995-1999 M
Administration)
Evans (Correspondence) 1992M
Peninsula Bible Church (Correspondence) 1991-1993 M
Lands of Jones (Cash Receipt) 1993 M
Brown, Terry (Cash Receipt) 1992M
Marchi, Angelo (Correspondence) 1993 M
Chu, Wei Luh (Project Administration) 1995M
Unocal Gas Station (Project 1998M
Administration)
Date:
Microfilmed
Date paper
destroyed:
Other
information
PW-024, Comp.+
10 yrs
CW-009, 2 yrs
CW-009, 2 yrs
CW-007, 1 yr
CW-007, 1 yr
CW-009, 2 yrs
PW-024, Comp.+
10 yrs
PW-024, Comp. +
10 yrs
Type
D
D
D
D
D
D
D
D
Page 1 of4 ,/
-_·:,_;··~1
286
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
52,076
52,080
52,094
52,100
52,105
52,111
52,117
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-004
Destroyed Scanned Microfilmed
Date records Date: Date paper Date: Date paper
destroyed: destroyed: destroyed:
D=Destruction M=Microfihn S=Scanning
~
Name Subject Address Date Ranges Other Type
:information
Sand Hill Properties (Correspondence) 1997M CW-009, 2 yrs D
Marshall, Cleo (Correspondence) 1997M CW-009, 2 yrs D
Hilton Hotel (Cash Receipt) 1997M CW-007, 1 yr D
Haniway Company (Cash Receipt, 1998 M CW-007, 1 yr D
Correspondence)
CW-009, 2 yrs
Hsu, Charles (Correspondence) 1997M CW-009, 2 yrs D
Chang, Hank (Correspondence) 1998 M CW-009, 2 yrs D
Wong, Vince (Project Adm:inistration) 1996-1999M PW-024, Comp.+ D
10 yrs
Page2 of4 '
... _t;
-:--::~-.::;(
287
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
52,125
52,141
52,180
52,212
52,235
52,238
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-004
Destroyed Scanned
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges
Lands of Chagoya (Project 1998M
Administration)
Reed Associates -The Marketplace 2000M
(Project Administration)
Chen, Emily (Project Administration) 1999M
Pai, Helen (Project Administration) 1999M
Cupertino Estates Associates (Cash 2000M
Receipt)
Parza, Raghu (Cash Receit) 1999M
Date:
Microfilmed
Date paper
destroyed:
Other
information
PW-024, Comp.+
10 yrs
PW-024, Comp.+
10 yrs
PW-024, Comp.+
10 yrs
PW-024, Comp.+
10 yrs
CW-007, 1 yr
CW-007, 1 yr
Type
D
D
D
D
D
D
Page 3 of 4 '
-,/ .j
f'$'
288
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
52,253
52,259
52,272
52,288
52,304
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed fonn to cityclerk@cupertino.org
File name or Box number: PW-LD-004
Destroyed Scanned Microfilmed
Date records Date: Date paper Date: Date paper
destroyed: destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning -
Name Subject Address Date Ranges Other Type
information
Tandoc, Lydia (Correspondence, Cash 2002M CW-009, 2 yrs D
Receipt)
CW-009, 1 yr
Jackson, Hugh (Project Administration) 2000M PW-024, Comp.+ D
10 yrs
Guerra, Sharon (Correspondence) 2000M CW-009, 2 yrs D
Swendon (Correspondence) 2001 M CW-009, 2 yrs D
Liem, Sam (Correspondence)
1
2001 M CW-009, 2 yrs D
Page4of4 /
·-:::4
289
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
51,985.00
51,940
51,989.00
52,006.00
52,021.00
52,026.00
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to citvclerk@cupertino.org
File name or Box number: PW-LD-005
Destroyed Scanned Microfilmed
Date records Date: '· Date paper Date: Date paper
destroyed: destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
~
Name Subject Address Date Ranges Other Type
information
Lotus Development/Bell, 22777 & 22801 1992-2000 F PW-024, Comp.+ D
San Juan Road (Project Administration) 10 yrs
Lands of Paviso (Correspondence) 1991-2001 F CW-009, 2 yrs D
Lee, I1 (Project Administration) 1993-2000 F PW-024, Comp.+ D
10 yrs
Forge Family DeAnza Properties (Project 1994-1996 F PW-024, Comp.+ D
Administration) 10 yrs
Picetti Construction (Project 1995-1997 F PW-024, Comp.+ D
Administration) 10 yrs
Crossroads Center Bread of Life (Project 1995 F PW-024, Comp.+ D
Administration) 10 yrs
Page 1 of2 ,.,,.
zz'd
/
290
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
52,034.00
52,054.00
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
-------------------------------File name or Box number: PW-LD-005
Destroyed Scanned Microfilmed
Date records Date: Date paper Date: Date paper
destroyed: destroyed: destroyed:
D=Destruction M=Microftlm S=Scanning
~
Name Subject Address Date Ranges Other Type
information
Chen, Emily-Pinebridge (Project 1996-2000 F PW-024, Comp. + D
Administration) 10 yrs
Dor, Ann-Balboa Road (Project 1998-2000 F PW-024, Comp.+ D
Administration, Correspondence, Cash 10 yrs;
Receipt)
CW-009, 2 yrs
CW-007, 1 yr
Page 2 of2
c:(-;1
/"
291
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
52,050
52,051
52,052
52,053
52,073
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-006
Destroyed Scanned
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges
.
Irvine Apartments (Project 1997 -1999 F
Administration)
Yin/Yang, Prado Vista (Project 1996-2000 F Administration)
Symantec, East Side DeAnza (Project 1998-2001 F Administration
Chen's Golden Star Investment (Project 1996 F Administration, Cash Receipt)
Hewlett Packard Bldg 45 (Project 1997 F Administration)
Date:
Microfilmed
Date paper
destroyed:
Other
information
PW-024, Comp.+
10 yrs
PW-024, Comp.+
10 yrs
PW-024, Comp.+
10 yrs
PW-024, Comp.+
10 yrs
CW-007, 1 yr
PW-024, Comp.+
10 yrs
Type
D
D
D
D
D
Page 1 of2 •· ___ ,, d
0-I ~_,l
292
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
52,060
52,088
52,097
52,098
52,113
52,119
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
---------------------------------File name or Box number: PW-LD-006
Destroyed Scarined
Date records Date: Date paper
destroyed: destroyed:
D~Destruction M~Microfilm S~Scanning -
Name Subject Address Date Ranges
Shyh Hung Yinn, Camino Vista Dr. 1997F
(Project Administration)
Stanley Square, Formerly Gumba's 2003 F
Restaurant (Project Administration)
Miyaki's Restaurant (Correspondence) 1997F
Wal greens/Intrinsic, Bollinger/Blaney 1997 F
(Project Administration)
Kang, Kelvin-21870 Lomita (Project 1998 F
Administration)
Yinn, Shyh-10330 Imperial (Project 1999 F
Administration
Date:
Microfilmed
Date paper
destroyed:
Other
information
PW-024, Comp.+
10 yrs
PW-024, Comp.+
10 yrs
CW-009, 2 yrs
PW-024, Comp.+
10 yrs
PW-024, Comp. +
10 yrs
PW-024, Comp.+
10 yrs
Type
D
D
D
D
D
D
Page2 of2
-c;.::"~~
293
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-007
·Destroyed Scanned Microfilmed
Resolution Date records Date: · Date paper
authorizing destroyed: destroyed:
destruction: 14-.
D=Destruction M=Microfilm S=Scanning
~
Number to be Name Subject Address Date Ranges
used for
microfiche card
52,120.00 Shun Lung Chao, 22464 Palm Ave., 1998 F
(Correspondence, Project Administration)
52,121.00 Yinn, Sue Lee, 22460 Palm Ave., (Project 1999 F Administration)
Siew Huon Gong, 10424 N. Blaney 52,122 (Correspondence, Cash Receipt) 1998 F
52,123 Hagman Group (Traffic Study, Project 1997 F Administration)
52,133 Sunnyview Lutheren (Correspondence) 1998 F
Date: Date paper
destroyed:
Other
information
CW-009, 2 yrs
PW-024, Comp.+
10 yrs
PW-024, Comp.+
10 yrs
CW-007, 1 yr
CW-009, 2 yrs
CW-035, 5 yrs
PW-024, Comp.+
10 yrs
CW-009, 2 yrs
Type
D
D
D
D
D
Page 1 of4
......; _../
77' <'.>'
294
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
52,134
52,135
52,137
52,138
52,142
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-007
Destroyed Scanned
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges
Erwin, Tracy/Kevin, 10385 Palo Vista 1998 F
(Correspondence, Cash Receipt)
Lin, 22310 Janice Ave. (Correspondence, 2005 F
Cash Receipt)
E & H Third Family (Correspondence, 1998 F
Cash Receipt)
Ching, Lynn/Kevin, 22450 Santa Paula 1998-2001 F
(Project Administration)
Cham, Kit -11206 Mt. Crest 1999-2003 F
(Correspondence)
Date:
Microfilmed
Date paper
destroyed:
Other Type
information
CW-007, 1 yr D
CW-009, 2 yrs
CW-007, 1 yr D
CW-009, 2 yrs
CW-007, 1 yr D
CW-009, 2 yrs
PW-024, Comp.+ D
10 yrs
CW-009, 2 yrs D
Page2 of4
-··'~
C'7 (,:;.·~
v ,,,.-
295
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
52,146
52,151
52,158
52,159
52,162
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-007
Destroyed Scanned
Date records Date: 1
1
Date paper
destroyed: destroyed:
D=Destruction M=l>1icrofilm S=Scanning
~
Name Subject Address Date Ranges
Brendon, Carol Dix -10111 Lebanon Dr. 1999 F
(Project Administration)
Measure:x/Honeywell -Results Way 1998 F
(Traffic Study, Project Administration)
Sui Hwu-10155 Pasadena (Project 2000F
Administration)
Monica Manor -19028 Stevens Creek 2002F
(Correspondence)
Hossain, Khaziri -10002 DeAnza (Project 1995 -2001 F
Administration)
Date:
Microfilmed
Date paper
destroyed:
Other
information
PW-024, Comp.+
10 yrs
CW-035, 5 yrs
PW-024, Comp.+
10 yrs
PW-024, Comp.+
.lOyrs
CW-009, 2 yrs
PW-024, Comp.+
10 yrs
Type
D
D
D
D
D
Page 3 of 4
-:::--4
./
,_,_//
296
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
52,166
52,165
52,167
52,170
52,171
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-LD-007
Destroved Scanned
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges
Chang, Hank -20696 Fargo 1999 F
(Correspondence)
Wai YanHo-22121 Lindy Lane 1999 F
(Correspondence, Cash Receipt)
Kang, Martha -20584 Scofield Dr 1999F
(Correspondence, Cash Receipt)
Zankich, Steve-20181 Forest Ave 1999-2001 F
(Project Administration)
Hsu, Allen/Cindy-22360 Santa Paula 2000F
(Project Administration)
Date:
Microfilmed
Date paper
destroyed:
Other
information
CW-009, 2 yrs
CW-007, 1 yr
CW-009, 2 yr
CW-007, 1 yr
CW-009, 2 yrs
PW-024, Comp. +
10 yrs
PW-024, Comp.+
10 yrs
Type
D
D
D
D
D'
Page4of4 ,/
_ .. f J (_,/ 1)1
297
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
74,959
74,902
74,902.01
74,912
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-TRANS-014
Destroyed Scanned Microfilmed
Date records Date: Date paper Date: Date paper
destroyed: destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
~
Name Subject Address Date Ranges Other Type
information
West Valley Freeway, State Route 85 1994-2000 F CW-009, 2 yrs D
Pavement Rehabilitation Project PW-041, 2 yrs
(Correspondence, Traffic Counts)
Tantau Avenue (Correspondence, CW-009, 2 yrs D
Traffic Counts) 1977-2006 F
PW-041, 2 yrs
Tantau A venue at Vallco CW-009, 2 yrs D
(Correspondence, Traffic Counts) 1982-2004F
PW-041, 2 yrs
Torre Avenue (Correspondence, CW-009, 2 yrs D
Traffic Counts) 1972-2004 F
PW-041, 2 yrs
Page 1 of3 "/
/ fi, (~::::_$
298
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
74,766
74,774
74,774.01
74,775
74,775.02
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
-------· ... File name or Box number: PW-TRANS-014
Destroyed Scanned
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning -
Name Subject Address Date Ranges
Portal Avenue (Correspondence,
Traffic Counts) 1978 -2000 F
Prospect Avenue (Correspondence, 1989-2001 F Traffic Counts)
Prospect Rd & DeAnza Blvd 2002-2006F
(Correspondence, Traffic Counts)
Pruneridge Ave (Correspondence, 1975 -2000 F
Traffic Counts)
Pruneridge Ave & Wolfe Rd 2006F
(Correspondence)
Date:
Microfilmed
Date paper
destroyed:
Other
information
CW-009, 2 yrs
PW-041, 2 yrs
CW-009, 2 yrs
PW-041, 2 yrs
CW-009, 2 yrs
PW-041, 2 yrs
CW-009, 2 yrs
PW-041, 2 yrs
CW-009, 2 yrs
Type
D
D
D
D
D
Page 2 of3
0""'::6/
299
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
74,893
74,796
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: PW-TRANS-014
Destroyed Scanned
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=.Microfilm S=Scanning
Name Subject Address Date Ranges
Stevens Canyon Rd 1976-1999 F
(Correspondence, Traffic Counts)
Rainbow Drive (Correspondence, 1989-2009 F
Traffic Counts)
Date:
Microfilmed
Date paper
destroyed:
Other
information
CW-009, 2 yrs
PW-041, 2 yrs
CW-009, 2 yrs
PW-041, 2 yrs
Type
D
D
Page 3 of3 __ i_,1
~ .. (
,/
300
Resolution
authorizing
destruction: 14-
Number to be
used for
microfiche card
74,796.01
74,894.01
74,894.02
74,823
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to citvclerk@cupertino.org
File name or Box number: PW-TRANS-015
Destroyed Scanned
Date records Date: Date paper
destroyed: destroyed:
D=Destruction M=1'1icrofilm S=Scanning -
Name Subject Address Date Ranges
Rainbow Dr. & DeAnza Blvd. 2003-2008 F
(Correspondence, Traffic Counts)
Stevens Creek Blvd & Wolfe
Rd/Miller Ave (Correspondence, 2002-2007 F
Traffic Counts)
Stevens Creek/West Valley Fwy
(Correspondence, Traffic Counts) 1999-2007 F
Regnart Road (Correspondence,
Traffic Counts) 1985-2005 F
Date:
Microfilmed
Date paper
destroyed:
Other
information
CW-009, 2 yrs
PW-041, 2 yrs
CW-009, 2 yrs
PW-041, 2 yrs
CW-009, 2 yrs
PW-041, 2 yrs
CW-009, 2 yrs
PW-041, 2 yrs
Type
D
D
D
D
/ Page 1 of2 v
~~~
301
Resolution
authorizing
destruction: 14-
Nwnbertobe
used for
microfiche card
74,894.04
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box nwnber: PW-TRANS-015
Destroyed Scanned Microfilmed
Date records Date: Date paper Date: Date paper
destroyed: destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Subject Address Date Ranges Other Type
information
CW-009, 2 yrs D
Stevens Creek & Tantau (Project 2000F PW-010, Comp. Administration, "Correspondence)
' + 10 yrs
Page 2 of2 .//
-o:t'r
302
Resolution
authorizing
destruction: 14-
Additional
information:
Department
Recreation and
Community
Services
Recreation and
Community
Services
Recreation and
Community
Services
Recreation and
Community
Services
Recreation and
Community
Services
Recreation and
Community
Services
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: Citywide Iron Mountain 2014 .
Destroyed Scanned Microfilmed
Date records Date: Date paper Date: Date paper
destroyed: destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Box Number Subject Address Date Ranges Type
191048521 12/31/01 AGENDAS & 10-02-1985 -D
REPORTS 2001; 01/01101-01-11-1990
12/30/04 TOMORROWS
LEADERS TODAY TLT.
223507715 SPORTS CENTER 01-01-1987 -D
CORRESPONDENCE 12-30-1999
191048304 File 9 SEDGEWICK SITE 07-01-1987-D
ACQUISITION 07-06-1987
428896397 REC SCHEDULES/ 1/1/91-12/31199 D
BROCHURES
428896398 AFTER SCHOOL 111199-12/31199 D
ENRICHMENT BROCHURE
191048522 -BEARDON LAWSUIT; -7/99-05/29/01; D
FIELD PAOLI-03/29/02-10/01/02;
CORRESPONDENCE; NEW 02/26/01-04/01102;
r7'd~
304
Resolution
authorizing
destruction: 14-
Additional
information:
Department
Recreation and
Community
Services
Recreation and
Community
Services
Recreation and
Community
Services
RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING
Email completed form to cityclerk@cupertino.org
File name or Box number: Citywide Iron Mountain 2014 -
Destroyed Scanned Microfilmed
Date records Date: Date paper Date: Date paper
destroyed: destroyed:
D=Destruction M=Microfilm S=Scanning
Name Box Number Subject Address
PROGRAMMING
ANALYSIS;
CORRESPONDENCE;
LIFETIME TENNIS;
TRANSPARENCIES;
BUILDING DEVELOPMENT;
BUILDING DEVELOPMENT;
MASTER PLAX; SCD
ADVISORY COMMITTEE
BINDER
428896401 SCCPMASTER
PLANS/DESIGN VISIONS
428896402 SCCPMASTER
PLANS/DESIGN VISIONS
428896403 SCCP PLANS 2003 WITH
RESIDENTS COMMENTS
destroyed:
Date Ranges Type
01/10/00-12/17/01;
01/01/94-10/01/01;
01/01/02-09/04/03;
02/13/00-06/14/01;
05/14/91-11/09/01;
01/01/96-12/30/01;
2003 D
2003 D
2003 D
/ J? ::>' rr-
305
RESOLUTION NO. 13-094
A RESOLUTION OF THE CUPERTINO CITY COUNCIL RESCINDING
RESOLUTION NO 12-039 AND ADOPTING A RECORDS RETENTION
SCHEDULE FOR THE CITY OF CUPERTINO
WHEREAS, Section 34090 of the Government Code of the State of California
provides a procedure whereby any City record which has served its purpose and is
no longer required may be destroyed; and
WHEREAS, the State of California has adopted guidelines for retention period
for various government records; and
WHEREAS, on March 4, 2002, the Cupertino City Council adopted Resolution
No. 02-037 adopting the Local Government Retention Guidelines Administered by
the California State Archives Division of the Secretary of State’s office as the record s
retention schedule for the City of Cupertino; and
WHEREAS, on May 1, 2012, the Cupertino City Council rescinded Resolution
No. 02-037 and adopted Resolution No. 12-039 amending the records retention
schedule to add specific record types and extend timelines on certain record types;
and
WHEREAS, the City of Cupertino recognizes the importance of providing
clear, specific record descriptions and retention periods, and applying current law
and technology to a records retention program; and
WHEREAS, the term “records” as used herein shall include documents,
instructions, books, microforms, electronic files, magnetic tape, optical media, or
papers; as defined by the California Public Records Act; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby takes the following action:
1. Rescinds Resolution No. 12-039
2. Adopts the Records Retention Schedule, as set forth in Exhibit A,
attached hereto and incorporated herein by this reference
307
Resolution No. 13-094
2
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 19th day of November, 2013 by the following vote:
Vote Members of the City Council
AYES: Mahoney, Wong, Chang, Santoro, Sinks
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Grace Schmidt /s/ Orrin Mahoney
___________________________ __________________________________
Grace Schmidt, City Clerk Orrin Mahoney, Mayor, City of Cupertino
308
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3
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-1
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule.
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Lead Dept.CW-001
Affidavits of Publications / Affidavits of Posting
Notices / Legal Advertising / Notices / Proofs of
Publications/ Public Hearing Notices
2 years 2 years CCP §§337 et seq, 349.4; GC §§34090, 54960.1(c)(1)
Lead Dept.CW-002
Agreements & Contracts: ADMINISTRATIVE
FILES
(Correspondence, Project Administration, Project
Schedules, Certified Payrolls, Insurance
Certificates, Invoices, Logs, etc.)
Completion
10 years or
After
Funding
Agency
Audit, if
required,
whichever is
longer
Completion
+ 10 years or
After Funding
Agency Audit,
if required,
whichever is
longer
GC §34090
Lead Dept.CW-003
Agreements & Contracts: UNSUCCESSFUL BIDS,
UNSUCCESSFUL PROPOSALS or RESPONSES
to RFPs (Request for Proposals) and/or RFQs
(Request for Qualifications) that don't result in a
contract
2 years 2 years
The RFP / RFQ and the successful proposal becomes
part of the agreement or contract (City Clerk is OFR for
successful bids / proposals); GC §34090
Lead Dept.CW-004 Boards and Committees: AUDIO RECORDINGS of
Meetings / Audio Tapes
30 days, or
After Minutes
are Adopted,
Whichever is
Longer
30 days, or
After Minutes
are Adopted,
Whichever is
Longer
GC §54953.5(b)
Lead Dept.CW-005
Boards, Commissions, & Committees: City
Council Subcommittees
(Agendas and Minutes for Subcommittees
Composed solely of less than a quorum of the City
Council)
2 years 2 years All recommendations are presented to the City Council;
GC §34090 et seq.
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
334
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-2
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule.
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Lead Dept.CW-006
Boards, Commissions, & Committees: Residents
Advisory Bodies Formed by CITY COUNCIL
AGENDAS, AGENDA PACKETS
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
Brown Act challenges must be filed within 30 or 90 days
of action; GC §§34090, 54960.1(c)(1)
Finance /
Revenue CW-007 Cash Receipts Detail / Backup / Accounts
Receivable Detail / Refund Detail 1 year 1 year
Originals are sent to Finance, who is the Office of Record;
these are copies retained for auditing purposes; GC
§34090.7
Lead
(Responding)
Dept.
CW-008 Complaints / Concerns from Citizens Computer
Tracking Software or Correspondence
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
City preference; Statute of Limitations for personal
property, fraud, etc. is 3 years; Claims must be filed in 6
months; CCP §§338 et seq., 340 et seq., 342, GC
§§945.6, GC §34090
Dept. that
Authors
Document
or
Receives the
City's Original
Document
CW-009
Correspondence - ROUTINE
(e.g. Administrative, Chronological, General Files, Letters,
Memorandums, Reading File, Working Files, etc.)
2 years 2 years GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
335
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-3
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule.
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Dept. that
Authors
Document
or
Receives the
City's Original
Document
CW-010
Correspondence - TRANSITORY / PRELIMINARY
DRAFTS, Interagency and Intraagency Memoranda
not retained in the ordinary course of business
(e.g. calendars, checklists, e-mail or social media posting
that is NOT made or retained for the purpose of
preserving the informational content for future reference,
instant messaging, inventories, invitations, logs, mailing
lists, meeting room registrations, speaker slips, supply
inventories, telephone messages, transmittal letters,
thank yous, requests from other cities, undeliverable
envelopes, visitors logs, voice mails, webpages, etc.)
When No
Longer
Required
When No
Longer
Required
Electronic and paper records are categorized, filed and
retained based upon the appropriate records series
(based on the content of the record.) E-mails, electronic
records, or social media postings that ARE made or
retained for the purpose of preserving the informational
content for future reference are saved by printing them
out and placing them in a file folder, or saving them
electronically. If not mentioned here, consult the City
Attorney to determine if a record is considered transitory /
preliminary draft. GC §§34090, 6252, 6254(a)
Information
Technology CW-011 Documents Generated by GIS Indefinite Indefinite
Documents generated in City's GIS system by a lead
dept. should be placed in appropriate project files or
saved as necessary for historical purposes. Contact IT
and refer to dept. policy regarding retention of historical
GIS information. GC §34090 et seq.
Lead Dept.CW-012 Drafts & Notes: Drafts that are revised (retain final
version)
When No
Longer
Required
When No
Longer
Required
As long as the drafts and notes are not retained in the
"Regular Course of Business." Consult the City Attorney
to determine if a records is considered a draft. GC
§§34090, 6252, 6254(a)
Lead Dept.CW-013 Facility Use Applications / Facility Use Permits 2 years 2 years GC §34090
Lead Dept. &
City Manager CW-014 Grants / CDBG (UNSUCCESSFUL Applications,
Correspondence)2 years 2 years GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
336
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-4
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule.
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Lead Dept. &
City Manager CW-015
Grants / CDBG / Reimbursable Claims
(SUCCESSFUL Reports, other records required to
pass the funding agency's audit, if required)
Applications (successful), grant agreement, program
rules, regulations & procedures, reports to grant funding
agencies, correspondence, audit records, completion
records
2 years
After
Funding
Agency
Audit, if
Required -
Minimum 5
years
After Funding
Agency Audit,
if required -
Minimum 5
years
GC §34090
Lead Dept.CW-016 Leave Requests / Vacation Requests
When No
Longer
Required
When No
Longer
Required
City Preference; Preliminary draft / transitory record; GC
§34090, GC §6252
Lead Dept.CW-017
Material Data Safety Sheet (MSDS) / Chemical Use
Report Form (or records of the chemical /
substance / agent, where & when it was used)
While
Chemical In
Use
30 years 30 years GC §34090
Lead Dept.CW-018 Newspaper Clippings
When No
Longer
Required
When No
Longer
Required
Non-records - may be obtained from the newspaper
company; GC §34090
Lead Dept.CW-019 Personnel Work Schedules 2 years 2 years GC §34090
Lead Dept.CW-020 Public Relations / Press Releases 2 years 2 years GC §34090
Lead Dept.
(Who Ordered
the Appraisal)
CW-021 Real Estate Appraisal Reports: Property NOT
purchased, Loans not funded, etc.2 years 2 years GC §§34090, 6254(h)
Lead Dept.
(Who Ordered
the Appraisal)
CW-022 Real Estate Appraisal Reports: Purchased
Property, Funded Loans 2 years
When No
Longer
Required -
Minimum 3
years
When No
Longer
Required -
Minimum 5
years
GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
337
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-5
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule.
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Lead Dept.CW-023
Reference Materials: Policies, Procedures,
Brochures, Flyers, Manuals, etc: Produced by
YOUR Department
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
OK to destroy after 2 years, whichever is longer; GC
§34090
Lead Dept.CW-024 Reports and Studies (Historically significant - e.g.,
Zoning Studies)10 years P P Administratively and Historically significant, therefore
retained permanently; GC §34090
Lead Dept.CW-025 Reports and Studies (other than Historically
significant reports - e.g. Annual Reports)10 years 10 years GC §34090
Lead Dept.CW-026 Special Projects / Subject Files / Issue Files
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
GC §34090
Lead Dept.CW-027 Subject / Reference Files: Subjects other than
Specifically Mentioned in Retention Schedules
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
Department Preference; GC §34090 et seq.
Lead Dept.CW-028 Supervisor's File - Personnel Issues
When No
Longer
Required
When No
Longer
Required
Ensure that originals of all official personnel records are
provided to Human Resources. Supervisor's notes and
other unofficial records or copies maintained by the
supervisor retained for reference may be retained and
discarded as determined by supervisor. GC §34090 et
seq.
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
338
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-6
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule.
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Lead Dept.CW-029
Surveys / Questionnaires (that the City issues).
If a summary of the data is compiled, the survey
forms are considered a draft or transitory record,
and can be destroyed as drafts (When No Longer
Required)
2 years 2 years GC §34090
CW-030 Tapes / DVD Recordings: See Boards &
Commissions
Lead Dept.CW-031
Training - ALL COURSE RECORDS
(Attendance Rosters, Outlines and Materials;
includes Ethics & Safety training)
5 years 5 years
Department preference; Ethics Training is 5 years;
Statewide guidelines propose 7 years; Calif. Labor
Division is required to keep their OSHA records 7 years;
EEOC/FLSA/ADEA (Age) requires 3 years for promotion,
demotion, transfer, selection, or discharge; State Law
requires 2 -3 years for personnel actions; 8 CCR §3203
et seq., 29 CFR 1627.3(b)(ii), LC §6429(c); GC §§12946,
34090, 53235.2(b)
Lead Dept.CW-032 Volunteer / Unpaid Intern Applications &
Agreements - Successful
Inactive /
Separation +
3 years
Inactive /
Separation +
3 years
Department preference (Courts treat volunteers as
employees); EEOC/FLSA/ADEA (Age) requires 3 years
for promotion, demotion, transfer, selection, or discharge;
29 CFR 1602.31 & 1627.3(b)(1)(i)&(ii), GC §§12946,
34090
Lead Dept.CW-033 Volunteer / Unpaid Intern Applications &
Agreements - Unsuccessful or Pending Applicants 3 years 3 years GC §§12946, 34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
339
Ver. 5.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: CITY ATTORNEY Page CATT-1
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
City Attorney CA-001 Amicus Briefs 2 years 2 years GC §34090
City Attorney CA-002 Attorney / Staff / Department Advice Files (All
subjects)
When no
Longer
Required -
Minimum 2
years
When no
Longer
Required -
Minimum 2
years
GC §34090
City Attorney CA-003 City Attorney Opinions
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
GC §34090
City Attorney CA-004 Claims Resolution +
5 years
Resolution +
5 years GC §§ 911.2, 945.6, 34090, 34090.6; PC §832.5
City Attorney CA-005
Confidential Invoice Backup (not sent to Finance)
legal invoices, etc.
2 years 3 years 5 years GC §34090
City Attorney CA-006 Lawsuits / Litigation
When no
Longer
Required -
Minimum
Final
Resolution
+ 5 years
When no
Longer
Required -
Minimum
Final
Resolution
+ 5 years
GC §§ 911.2, 945.6, 34090, 34090.6; PC §832.5
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
340
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-1
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
City Clerk CC-001
Agenda Packets / Staff Reports - IMAGED (1999 &
After): City Council, Redevelopment / Successor
Agency, Public Utilities Corporation
2 years P P GC §34090 et seq.
City Clerk CC-002
Agenda Packets / Staff Reports - NOT IMAGED
(Prior to 1999): City Council, Redevelopment /
Successor Agency, Public Utilities Corporation
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
GC §34090 et seq.
City Clerk CC-003
Agreements & Contracts: ALL
Agreement or Contract includes all contractual
obligations (e.g. Amendments, Scope of Work ,
Exchange Orders, or Successful Proposal)
4 years P P CCP §§337. 337.1(a), 337.15, 343; GC §34090,
Contractor has retention requirements in 48 CFR 4.703
City Clerk CC-004 Annexations / Boundaries / Consolidations / LAFCO 5 years P P Land Records; GC §34090
City Clerk CC-005 Annual Commission / Committee Notice of
Vacancies per Maddy Act 2 years 2 years 2 CCR 18705.5; GC §34090
City Clerk CC-006 Applications for Boards, Commissions or
Committees - Successful
Term of
Office +
2 years
Term of
Office +
2 years
GC §34090
City Clerk CC-007 Applications for Boards, Commissions or
Committees - Unsuccessful 2 years 2 years GC §34090
City Clerk CC-008 Bid Packets / Unsuccessful Bids or Proposals 2 years 2 years GC §34090
City
Attorney CC-009 Claim Forms
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Copies (The City Attorney is the Office of Record); GC
§34090.7
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
341
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-2
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
City Clerk CC-010 Economic Interest Filings (FPPC 700 Series Forms -
Statement of Economic Interests): ALL 7 years 7 years GC §81009(e),(f), & (g); 2 CCR 18615(d)
City Clerk CC-011 Employee Bonds / Fidelity Bonds
When No
Longer
Required
P P GC §§36507, 34090; PC §§801.5, 803(c); 29 USC 1113
City Clerk CC-012 FPPC Form 801 (Gift to Agency Report) 4 years 4 years 2 CCR 18944(c)(3)(G)
City Clerk CC-013 FPPC Form 802 (Tickets Provided by Agency
Report)7 years 7 years GC §81009(e)
City Clerk CC-014 FPPC Form 806 (Agency Report of Public Official
Appointments)2 years 2 years 2 CCR 18705.5; GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
342
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-3
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
ELECTIONS - CONSOLIDATED
City Clerk CC-015 Prop. 218 Fees & Charges: Ballots and/or protest
letters 2 years 2 years GC §53753(e)(2)
City Clerk CC-016 Prop. 218 Fees & Charges: Master Mailing List /
Certifications 2 years 2 years GC §34090
City Clerk CC-017 Prop. 218 Fees & Charges: Undeliverable Mail 3 months 3 months Transitory / Non-record; GC §34090 et seq.
City Clerk CC-018 Campaign Filings (FPPC 400 Series Forms):
SUCCESSFUL CANDIDATES (Elected Officials)7 years P P Paper must be retained for at least 2 years; GC
§81009(b)(g)
City Clerk CC-019 Campaign Filings (FPPC 400 Series Forms):
UNSUCCESSFUL CANDIDATES 7 years 7 years Paper must be retained for at least 2 years; GC
§81009(b)(g)
City Clerk CC-020
Campaign Filings (FPPC 400 Series Forms):
THOSE NOT REQUIRED TO FILE ORIGINAL WITH
CITY CLERK (copies)
7 years 7 years Paper must be retained for at least 2 years; GC
§81009(b)(g)
City Clerk CC-021
Campaign Filings (FPPC 400 Series Forms):
OTHER COMMITTEES (PACS - not candidate-
controlled)
7 years 7 years Paper must be retained for at least 2 years; GC
§81009(c)(g)
City Clerk CC-022 Candidate File: Nomination Papers, Candidate
Statements, etc. - SUCCESSFUL CANDIDATES
Term of
Office + 4
years
Term of
Office +
4 years
EC §17100
City Clerk CC-023 Candidate File: Nomination Papers, Candidate
Statements, etc. - UNSUCCESSFUL CANDIDATES
Election + 4
years
Election + 4
years EC §17100
City Clerk CC-024
Elections - GENERAL, WORKING or
ADMINISTRATION Files (Correspondence, Precinct
Maps, County Election Services, Candidate
Statements to be printed in the Sample Ballot, etc.)
2 years 2 years GC §34090
City Clerk CC-025 Elections - HISTORICAL (Sample ballot, copies of
resolutions, final results)2 years P P GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
343
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-4
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
City Clerk CC-026 Elections - Petitions (Initiative, Recall or
Referendum)
Results, or
Final
Examination
if No Election
+ 8 mo.
Results, or
Final
Examination
if No Election
+ 8 mo.
The 8 month retention applies after election results, or
final examination if no election, unless there is a legal or
FPPC proceeding. EC §§17200, 17400
(End of Elections Section)
City Clerk CC-027 Ethics Training - Certificates 5 years 5 years GC §§34090, 53235.2(b)
City Clerk CC-028
Historical Records & Historical Projects (e.g.
Incorporation, City Seal, Awards of significant
historical interest, etc.)
5 years P P City Clerk determines historical significance; records can
address a variety of subjects and media; GC §34090
City Clerk CC-029 Insurance Certificates - ALL P P CCP §337 et. seq., GC §34090
City Clerk CC-030
List of City Council Members and Mayors / Historical
List of Council Members and Board & Commission
Members
P P GC §34090
City Clerk CC-031 Minutes - All Boards & Commissions, excluding Ad-
Hoc 2 years P P GC §34090
City Clerk CC-032 Minutes - City Council, Redevelopment / Successor
Agency, Public Utilities Corporation 2 years P P GC §34090
City Clerk CC-033 Municipal Code and History File 2 years P P GC §34090
City Clerk CC-034 Oaths of Office - Council, Board and Commission
Members 14 years 14 years GC §§36507, 34090; PC §§801.5, 803(c); 29 USC
1113
City Clerk CC-035 Ordinances (City Council)2 years P P GC §34090 et. seq.
City Clerk CC-036 Proof of Publication / Public Notices / Certificate of
Posting (includes agendas)2 years 2 years GC §34090
City Clerk CC-037
Real Property - Records that Affect the Title to Real
Property (Abandonments, Deeds, Easements, Liens,
Vacations, etc.)
2 years P P GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
344
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-5
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
City Clerk CC-038 Records Destruction Lists / Certificates of Records
Destruction P P GC §34090 et. seq.
City Clerk CC-039 Records Retention Schedules / Amendments to
Records Retention Schedules P P GC §34090 et. seq.
City Clerk CC-040 Request for Public Records 2 years 2 years Employees are not required to retain the records
produced, only the request; GC §34090
City Clerk CC-041 Resolutions - City Council, Redevelopment /
Successor Agency, Public Utilities Corporation 2 years P P GC §34090 et. seq.
City Clerk CC-042 Subpoenas / Discovery Requests / Personal
Appearance / Duces Tecum 2 years 2 years GC §34090
City Clerk CC-043 Uniform Building Codes / California Building Codes P P GC §50022.6
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
345
Ver. 5.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: CITY MANAGER Page CM-1
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
CITY MANAGER / ADMINISTRATION
City
Manager CM-001 City Council Correspondence / Mayor's
Correspondence / City Manager Correspondence
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
GC §34090
City
Manager CM-002
Confidential Employee Recruitment Contracts /
Applications
(e.g. City Manager, City Attorney)
3 years 3 years 29 CFR 1602 et seq & 1627.3(a)(5) and (6), 2 CCR
7287.0(c)(2), GC §§12946, 34090
City
Manager CM-003 Grand Jury Reports & Responses 5 years 5 years GC §34090
City
Manager CM-004 Newsletters to the City Council (Items of Interest)
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
GC §34090
City
Manager /
Lead Dept.
CM-005
Projects, Programs, Events, Subject & Issues
(Issues and/or projects will vary over time - e.g.
Hotels, Developments, etc.)
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
346
Ver. 5.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: CITY MANAGER Page CM-2
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
City
Manager /
Econ. Dev.
CM-006 Census, Demographics
When No
Longer
Required
When No
Longer
Required
GC §34090 et seq.
City
Manager /
Econ. Dev.
CM-007 Department of Finance Schedule of Obligations:
Approvals, Denials, Meet & Confer, etc.10 years 10 years GC §34090
City
Manager /
Econ. Dev.
CM-008 Economic Development Projects (Projects will vary
over time - e.g. Proposed Hotels, etc.)
Minimum 2
years
Minimum 2
years GC §34090
City
Manager /
Econ. Dev.
CM-009
Redevelopment / Successor Agency Project Files &
Project Plans (Includes Environmental
Assessments)
Project
Completion
+ 5 years
P P GC §34090
City
Manager /
Econ. Dev.
CM-010 Redevelopment Plans (Historical)
Project
Completion
+ 5 years
P P GC §34090
City
Manager /
Econ. Dev.
CM-011 Relocation Files Where Redevelopment was the
Lead
Settle + 1
year
Settle + 4
years
Settle + 5
years GC §§ 945, 34090, 34090.6; PC §832.5
ECONOMIC DEVELOPMENT / REDEVELOPMENT / SUCCESSOR AGENCY
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
347
Ver. 5.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: CITY MANAGER Page CM-3
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
PUBLIC AFFAIRS / CITY CHANNEL / CABLE TV / PIO
City
Manager /
Public
Affairs
CM-012 Cable TV Complaints 2 years 2 years GC §34090
City
Manager /
Public
Affairs
CM-013 Cable TV Franchise Administration / PACT
Administration
Completion
+ 5 years
Completion
+ 5 years GC §34090
City
Manager /
Public
Affairs
CM-014 Cable TV Programming, Production & Scheduling 2 years 2 years GC §34090
City
Manager /
Public
Affairs
CM-015 Videos: Historical and Community Events 90 days P P GC §34090
City
Manager /
Public
Affairs
CM-016 Community Outreach
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
GC §34090
City
Manager /
Public
Affairs
CM-017 Emergency Preparedness Plans Superseded
+ 2 years
Superseded
+ 2 years GC §34090
City
Manager /
Public
Affairs
CM-018 Newsletters to the Public (The Scene)P P GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
348
Ver. 5.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: CITY MANAGER Page CM-4
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
City
Manager /
Public
Affairs
CM-019 Proclamations / Commendations / Memoriums /
Recognitions, etc.
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
GC §34090
City
Manager /
Public
Affairs
CM-020 Speech Notes / PowerPoint Presentations
When No
Longer
Required
When No
Longer
Required
GC §34090 et seq.
City
Manager /
Public
Affairs
CM-021
Video Recordings of City Council Meetings,
Planning Commission Meeting, or other public
meetings
25 years 25 years GC §§34090.7, 34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
349
Ver. 13.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Page CD-1
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
BUILDING
Comm.
Develop. /
Building
CD-001 Building Permit Database (includes reports)Indefinite Indefinite GC §34090, H&S §19850
Comm.
Develop. /
Building
CD-002 Complaints (Written)2 years 2 years GC §34090
Comm.
Develop. /
Building
CD-003
Construction Notices / Inspection Notices
(correction notices, compliance orders, stop work notices,
etc.)
2 years 2 years GC §34090
City Clerk CD-004 Cupertino’s currently adopted model code as amended
(California Building Codes / Uniform Building Codes)
Until
Superseded
Dept. to
retain copies
Until
Superseded
Previously adopted codes are maintained
permanently by the City Clerk, who is the Office of
Record; GC §34090.7
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
350
Ver. 13.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Page CD-2
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Comm.
Develop. /
Building
CD-005
Multi-Family Dwellings, Commercial and Industrial Buildings.
Building Plans, Permits and Supporting Documents (including
project that are expired or withdrawn)
Supporting Documents include: Applications, Fee Estimator,
Contractor / Subcontractor list, Owner Builder form, Soils /
Geotechnical Reports, Structural Calculations, Special Inspection
Reports, Specifications, Accessibility Hardship form, Alternate
Materials & Methods form, Energy Compliance forms,
Certificate of Occupancy, Green Bldg Checklist, & Hazardous
Materials Questionnaire, Landscape Water Efficiency Checklist,
Permit cancellation letters, PG&E / Gas / Electric Abandonment,
Removal Letter (Building Demo)
P P GC §34090
Comm.
Develop. /
Building
CD-006 New Address Assignments; Change of Addresses P P GC §34090, H&S §19850
Comm.
Develop. /
Building
CD-007
Plan Check Comments, Outside Agency Reports,
Correspondence, Checklists, Temporary Certificate of
Occupancy, etc.
Keep Until
Permit is
Finalled
Keep Until
Permit is
Finalled
Preliminary Drafts; GC §34090
Comm.
Develop. /
Building
CD-008 Public Records Requests / Requests & Permissions to
Receive Copies of Plans 2 years 2 years GC §34090 et seq.
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
351
Ver. 13.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Page CD-3
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Comm.
Develop. /
Building
CD-009
Single Family Dwelling and Duplexes.
Issued Building Plans, Permits and Supporting Documents
(including project that are expired or withdrawn)
Supporting Documents include: Applications, Fee Estimator,
Contractor / Subcontractor list, Owner Builder form, Soils /
Geotechnical Reports, Structural Calculations, Special Inspection
Reports, Specifications, Accessibility Hardship form, Alternate
Materials & Methods form, Energy Compliance forms,
Certificate of Occupancy, Green Bldg Checklist, Landscape Water
Efficiency Checklist, Permit cancellation letters, PG&E / Gas /
Electric Abandonment, Removal Letter (Building Demo)
P P CBC 104.7, & 107.5, H&S§19850, GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
352
Ver. 13.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Page CD-4
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
CODE ENFORCEMENT
Comm.
Develop. /
Code
Enforce.
CD-010 Abandoned Vehicles 2 years 2 years GC §34090 et seq.
Comm.
Develop. /
Code
Enforce.
CD-011 Alarm Records / False Alarms 2 years 2 years GC §34090 et seq.
Comm.
Develop. /
Code
Enforce.
CD-012 Appeals - Administrative Citations
When No
Longer
Required -
Minimum 5
years
When No
Longer
Required -
Minimum 5
years
GC §34090 et seq.
Comm.
Develop. /
Code
Enforce.
CD-013 Appeals - Parking Citations
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
GC §34090 et seq.
Comm.
Develop. /
Code
Enforce.
CD-014 Citations (Parking, Traffic, or Criminal)
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
GC §34090 et seq.
Comm.
Develop. /
Code
Enforce.
CD-015
Code Enforcement Case Files / Abatement Case Files /
Administrative Citations (Includes appeals and Code
Enforcement Complaint Letters, Complaints, Correction
notices, Orders, etc.)
When No
Longer
Required -
Minimum 5
years
When No
Longer
Required -
Minimum 5
years
CFC §104.3.4, GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
353
Ver. 13.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Page CD-5
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Comm.
Develop. /
Code
Enforce.
CD-016 Crime Reports (Misdemeanor or Infractions)2 years 2 years GC §34090 et seq.
Comm.
Develop. /
Code
Enforce.
CD-017 Liens P P GC §34090(a)
Comm.
Develop. /
Code
Enforce.
CD-018 Permits: Massage Solicitor, Handbill, Taxi Expiration +
2 years
Expiration +
2 years GC §34090 et seq.
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
354
Ver. 13.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Page CD-6
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
HOUSING
Community
Develop. /
Housing
CM-019
Housing Commission
AGENDAS, AGENDA PACKETS
P P GC §34090
Community
Develop. /
Housing
CM-020
Housing Commission
AUDIO RECORDINGS of Meetings / Audio Tapes
30 days, or
After Minutes
are Adopted,
Whichever is
Longer
30 days, or
After Minutes
are Adopted,
Whichever is
Longer
GC §54953.5(b)
City Clerk CM-021
Housing Commission
MINUTES
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Send all originals to the City Clerk; GC §34090.7
Community
Develop. /
Housing
CM-022
Housing Programs: Affordable Housing Projects,
Rehabilitation, First Time Home Buyers, Community
Housing Development Organizations, CDBG & HOME
WITH a Recapture / Resale Restriction
Deeds and Title Insurance are sent to City Clerk
5 years
After the
Affordability
Period
Terminates,
or the
Written
Agreement
Terminates,
Whichever
is Longer
5 years after
the
Affordability
Period
Terminates,
or the Written
Agreement
Terminates,
Whichever is
Longer
24 CFR 85.42, 92.508(a)(c)(2) & 570.502(b), 29
CFR 97.42, GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
355
Ver. 13.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Page CD-7
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Community
Develop. /
Housing
CM-023
Housing Programs: Affordable Housing Projects,
Rehabilitation, First Time Home Buyers, Community
Housing Development Organizations, CDBG & HOME
WITHOUT a Recapture / Resale Restriction
Deeds and Title Insurance are sent to City Clerk
Loan Pay-off
+ 5 years
Loan Pay-off
+ 5 years
24 CFR 85.42, 92.508(a)(c), & 570.502, 29 CFR
97.42
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
356
Ver. 13.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Page CD-8
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
PLANNING
Comm.
Develop. /
Planning
CD-024
Administrative Hearings
AGENDAS, AGENDA PACKETS
P P GC §34090
Comm.
Develop. /
Planning
CD-025
Administrative Hearings
AUDIO RECORDINGS of Meetings / Audio Tapes
30 days, or
After Minutes
are Adopted,
Whichever is
Longer
30 days, or
After Minutes
are Adopted,
Whichever is
Longer
GC §54953.5(b)
City Clerk CD-026
Administrative Hearings
MINUTES
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Send all originals to the City Clerk; GC §34090.7
Comm.
Develop. /
Planning &
City Clerk
CD-027 Annexations / Boundaries / Consolidations / LAFCO 5 years P P Land Records; GC §34090
Comm.
Develop. /
Planning
CD-028
Design Review Commission
AGENDAS, AGENDA PACKETS
P P GC §34090
Comm.
Develop. /
Planning
CD-029
Design Review Commission
AUDIO RECORDINGS of Meetings / Audio Tapes
30 days, or
After Minutes
are Adopted,
Whichever is
Longer
30 days, or
After Minutes
are Adopted,
Whichever is
Longer
GC §54953.5(b)
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
357
Ver. 13.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Page CD-9
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
City Clerk CD-030
Design Review Commission
MINUTES
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Send all originals to the City Clerk; GC §34090.7
Comm.
Develop. /
Planning
CD-031
Environmental Determinations: Environmental Impact
Reports (EIRs), Negative Declarations, etc. )
Inside City boundaries
P P 14 CCR §15095(c); GC §34090
Comm.
Develop. /
Planning
CD-032
Environmental Determinations: Environmental Impact
Reports (EIRs), Negative Declarations, etc. )
Outside City boundaries
When No
Longer
Required
When No
Longer
Required
Non-records
Comm.
Develop. /
Planning
CD-033
Environmental Review Commission
AGENDAS, AGENDA PACKETS
P P GC §34090
Comm.
Develop. /
Planning
CD-034
Environmental Review Commission
AUDIO RECORDINGS of Meetings / Audio Tapes
30 days, or
After Minutes
are Adopted,
Whichever is
Longer
30 days, or
After Minutes
are Adopted,
Whichever is
Longer
GC §54953.5(b)
City Clerk CD-035
Environmental Review Commission
MINUTES
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Send all originals to the City Clerk; GC §34090.7
Comm.
Develop. /
Planning
CD-036 General Plan, Elements and Amendments P P GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
358
Ver. 13.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Page CD-10
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Comm.
Develop. /
Planning
CD-037 Master Plans, Specific Plans, Bikeway Plans, etc.P P GC §34090
Comm.
Develop. /
Planning
CD-038
Planning Commission
AGENDAS, AGENDA PACKETS
P P GC §34090
Comm.
Develop. /
Planning
CD-039
Planning Commission
AUDIO RECORDINGS of Meetings / Audio Tapes
30 days, or
After Minutes
are Adopted,
Whichever is
Longer
30 days, or
After Minutes
are Adopted,
Whichever is
Longer
GC §54953.5(b)
City Clerk CD-040
Planning Commission
MINUTES
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Send all originals to the City Clerk; GC §34090.7
Comm.
Develop. /
Planning
CD-041
Planning Commission
RESOLUTIONS
P P GC §34090
Comm.
Develop. /
Planning
CD-042
Planning Project Files - Approved & Unapproved
Temporary Entitlements:
Christmas Tree Lots, Banner, Garage Sales, Pumpkin
Lots, Temporary Signs, etc.
2 years 2 years GC§34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
359
Ver. 13.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Page CD-11
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Comm.
Develop. /
Planning
CD-043
Planning Project Files - Permanent Entitlements (ALL)
(Includes Associated CEQA Noticing, Conditions of
Approval, Consultant's Reports, Public Noticing,
Environmental Determinations, Staff Reports, Plans &
Maps, arborist, architecture, geologic, noise, soils, traffic,
and all other uniquely dated environmental and technical
reports and studies; incomplete and complete letters;
project approval and conditions of approval letters; and
any other documents that project planner deems critical.)
Examples: Conditional Use Permits (CUPs), Design Review, Lot
Line Adjustments, Parcel Maps, Planned Unit Developments
(PUD), Site Plans, Tentative Subdivisions, Variances, Zone
Changes, etc.
3 years P P 14 CCR §15095(c); GC§§34090, 34090.7
Comm.
Develop. /
Planning
CD-044 Project Log Index / Spreadsheet / Binders of Historic
Actions P P GC§34090
Comm.
Develop. /
Planning
CD-045
Special Studies (authored by the City, not related to a
particular subject. e.g. Noise / traffic in the Downtown
Corridor, etc.)
P P GC§34090
Comm.
Develop. /
Planning
CD-046 Tree Removal Permits 3 years P P GC§34090
Comm.
Develop. /
Planning
CD-047 Zoning Maps P P
Department Preference; City Clerk Maintains
originals of all documents that were presented to
Council; GC §34090.7
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
360
Ver. 13.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT Page CD-12
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
City Clerk CD-048 Zoning Ordinance Amendments, Reclassifications / Zone
Change 3 years P P Department Preference (copies); GC §34090.7
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
361
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: FINANCE Page FIN-1
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
FINANCE / ADMINISTRATION
Finance /
Admin.FN-001
Assessment Districts / Community Facilities Districts,
and similar documents - Financial Records / Assessor
Roll
2 years 3 years 5 years GC §34090
Finance /
Admin.FN-002 Audit Reports / CAFR - Comprehensive Annual
Financial Reports and related Audit Opinions 5 years P P GC §34090.7
Finance /
Admin.FN-003 Audit Work Papers 5 years 5 years GC §34090
Finance /
Admin.FN-004 Budgets - Adopted / Final 5 years P P GC §34090, 40802, 53901
Finance /
Admin.FN-005 Budgets - Preliminary, Backup Documents
When No
Longer
Required
When No
Longer
Required
Preliminary drafts; GC §34090
Finance /
Admin.FN-006 Single Audits / Transportation Audits / PERS Audit, et.2 years 3 years 5 years GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
362
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: FINANCE Page FIN-2
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
FINANCE / GENERAL ACCOUNTING
Finance /
General
Accounting
FN-007 1099's Issued / W-9s 5 years 5 years R&T §19530, GC §34090
Finance /
General
Accounting
FN-008
Accounts Payable / Invoices and Backup
(Includes Invoices, Travel Expense Reimbursements,
Warrant Request, and similar documents)
2 years 3 years 5 years GC §34090
Finance /
General
Accounting
FN-009 FEMA Reimbursement Claims 2 years 8 years 10 years GC §34090
Finance /
General
Accounting
FN-010 Bank Statements, Trustee Statements, and similar
documents 2 years 3 years 5 years GC §34090, 26 CFR 31.6001-1
Finance /
General
Accounting
FN-011
Bond Official Statements / Transcripts / Certificates of
Participations (COPs) See Bank Statements for
statement retention.
Fully
Defeased +
10 years
Fully
Defeased +
10 years
CCP §§336(a)(1) & (2), 337.5(a); GC §43900 et seq.
Finance /
General
Accounting
FN-012 Checks / Warrant Register Report (issued)2 years 3 years 5 years GC §34090, CCP § 337
Finance /
General
Accounting
FN-013 Checks / Warrants (Cashed)2 years 3 years 5 years GC §34090, CCP § 337
Finance /
General
Accounting
FN-014 Escheat (Unclaimed money / uncashed checks)5 years 5 years CCP §§340, 1519; GC §34090
Finance /
General
Accounting
FN-015 Financial Services Database Indefinite Indefinite Data Fields / Records are interrelated; GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
363
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: FINANCE Page FIN-3
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Finance /
General
Accounting
FN-016 Fixed Assets - Annual Listing (Source Documents)5 years 5 years GC §34090
Finance /
General
Accounting
FN-017 Investment Reports / Treasurer's Reports (Report and
Backup)5 years 5 years GC §34090
Finance /
General
Accounting
FN-018
Investments / Arbitrage / Certificate of Deposit /
Investment Bonds (Receipts / Advisor Reports and
Statements / Trade Tickets / LAIF (Local Agency
Investment Fund))
5 years 5 years GC§§ 34090, 43900
Finance /
General
Accounting
FN-019 Journal Entries / Journal Vouchers 2 years 3 years 5 years GC §34090, CCP § 337
Finance /
General
Accounting
FN-020
Reports, Subsidiary Ledgers, Reconciliations,
Transaction Histories, Balance Sheets, Revenue &
Expenditure Reports, and similar documents (MONTHLY
When No
Longer
Required
When No
Longer
Required
GC §34090
Finance /
General
Accounting
FN-021
Reports: Annual State or Federal: State Controller's
Report, Street Report, Local Government Compensation
Report, and similar documents
5 years 5 years Department Preference; Meets auditing standards;
GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
364
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: FINANCE Page FIN-4
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
FINANCE / PAYROLL
Finance /
Payroll FN-022 CalPERS Reports 2 years 3 years 5 years GC §34090
Finance /
Payroll FN-023 DE-6, 941 & DE-166 Forms - Quarterly Payroll Tax
Returns / OASDI 2 years 3 years 5 years IRS Reg §31.6001-1(e)(2), R&T §19530; 29CFR
516.5 - 516.6, 29USC 436, GC §34090
Finance /
Payroll FN-024 Deferred Compensation (City Statements)2 years 3 years 5 years GC §304090, 26 CFR 31.6001.1
Human
Resources FN-025 Payroll Employee Files (by employee name, includes W-
4s, deductions, garnishments, and similar documents)
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Human Resources retains originals; GC §34090.7
Finance /
Payroll FN-026 Payroll Registers 2 years 3 years 5 years GC §34090
Finance /
Payroll FN-027 Time Sheets / Time Cards 2 years 3 years 5 years IRS Reg §31.6001-1(e)(2), R&T §19530; LC §
1174(d); 29 CFR 516.5; GC §34090
Finance /
Payroll FN-028 W-2 Reports 2 years 3 years 5 years IRS Reg §31.6001-1(e)(2), R&T §19530; 29CFR
516.5 - 516.6, 29USC 436, GC §34090
Finance /
Payroll FN-029 W-2's 2 years P P IRS Reg §31.6001-1(e)(2), R&T §19530; 29CFR
516.5 - 516.6, 29USC 436, GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
365
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: FINANCE Page FIN-5
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Finance /
Revenue FN-030
Accounts Receivable - General - Business License
Applications & Registrations and Renewal Responses,
Transient Occupancy Tax (TOT), Parking Meters,
Invoices to Outside Entities, and similar documents
2 years 3 years 5 years GC §34090
Finance /
Revenue FN-031 Business License Renewal Notices, Payment Stubs
When No
Longer
Required
When No
Longer
Required
Preliminary drafts not retained in the ordinary course
of business; GC §34090 et seq.
Finance /
Revenue FN-032 Business License Closure Letter / Confirmations Not
Doing Business in City 2 years 2 years GC §34090 et seq.
Finance /
Revenue FN-033 Accounts Receivable - Leases / Rent / Property
Management 2 years 3 years 5 years Statewide guidelines propose audit + 4 years;
Published articles show 3 - 7 years; GC §34090
Finance /
Revenue FN-034 Daily Cash Receipts / Cashier Receipts 2 years 3 years 5 years GC §34090 et seq.
FINANCE / REVENUE / ACCOUNTS RECEIVABLE
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
366
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: HUMAN RESOURCES &
RISK MANAGEMENT
Page HR-1
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Human
Resources HR-001 Accident Reports (Potential Claims - Accidents to
members of the public)2 years 2 years GC §34090
Human
Resources HR-002 Classification / Reorganization Studies (for employee
classifications and department structures)
When No
Longer
Required -
Minimum 3
years
When No
Longer
Required -
Minimum 3
years
GC §§12946, 34090
Human
Resources HR-003 Classification Specifications / Job Descriptions
When No
Longer
Required -
Minimum 6
years
When No
Longer
Required -
Minimum 6
years
GC §§12946, 34090; 29 USC 1113
Human
Resources HR-004 Compensation Surveys & Studies
When No
Longer
Required -
Minimum 3
years
When No
Longer
Required -
Minimum 3
years
GC §§12946, 34090
Human
Resources HR-005
Confidential Invoice Backup (not sent to Finance)
Benefit backup, legal invoices, etc.
2 years 3 years 5 years GC §34090
Human
Resources HR-006 Department of Fair Employment & Housing (DFEH or
EEOC) Claims
Final
Disposition
+ 3 years
Final
Disposition
+ 3 years
2 CCR 7287.0; GC §§12946, 34090
Human
Resources HR-007 DMV Pull Notices
Until
Superseded
or
Separated
Until
Superseded
or
Separated
GC §34090
Human
Resources HR-008 Drug & Alcohol Test Results (All - Positives and
Negatives)5 years 5 years GC §§12946, 34090, 49 CFR 655.71 et seq.; 49
CFR 382.401 et seq.
Human
Resources HR-009 EEO-4 Reports and records required to generate EEO-4
report (Self-Identification Form, etc.)3 years 3 years 29 CFR 1602.30
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
367
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: HUMAN RESOURCES &
RISK MANAGEMENT
Page HR-2
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Human
Resources HR-010 Grievances, Investigations, and Informal Complaints Separation +
6 years
Separation +
6 years GC §§12946, 12960, 34090
Human
Resources HR-011 I-9s Separation +
3 years
Separation +
3 years GC §§12946, 34090
Human
Resources HR-012 Insurance Policies: General Liability, Property, etc.
When No
Longer
Required
P P
Human
Resources HR-013
Labor Relations Files
(Negotiation Notes, Correspondence, Interpretation of
MOU Provisions, Documentation, etc.)
10 years 10 years GC §34090
Human
Resources HR-014 OSHA Inspections & Citations, Log 200 and Log 300,
301, 301A, etc.2 years 3 years 5 years OSHA requires 5 years; State law requires 2 years;
8 CCR §3203(b)(1), GC §34090; LC §6429(c)
Human
Resources HR-015 Livescan Applications 2 years 2 years GC §34090
Human
Resources HR-016 Livescan Clearance Sheets Upon
Separation
Upon
Separation GC §34090
Human
Resources HR-017 Personnel Files - Employees Separation +
1 year P P GC §§12946, 34090; 29 USC 1113
Human
Resources HR-018
Personnel Files - Medical File (all employees)
Includes Pre-employment physicals, Respirator Fit Tests, etc.
Separation +
1 year P P GC §§12946, 34090
Human
Resources HR-019
Recruitment and Testing File
(Includes Advertisements, Job Brochures, Test Data, Testing
Analysis & statistical Metric, Job Analysis, Rating Sheets,
Scantrons, Rater's Profile & Confidentiality Agreement,
Flowchart, Eligible Lists, etc.)
3 years 3 years 29 CFR 1602 et seq & 1627.3(a)(5) and (6), 2 CCR
7287.0(c)(2), GC §§12946, 34090
Human
Resources HR-020 Safety Committee Agendas 2 years 3 years 5 years GC §§12946, 34090, 53235.2(b)
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
368
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: HUMAN RESOURCES &
RISK MANAGEMENT
Page HR-3
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Human
Resources HR-021 Studies & Surveys Conducted on Behalf of the City
(Sick Leave, Attrition, Benefits, etc.)
When No
Longer
Required -
Minimum 3
years
When No
Longer
Required -
Minimum 3
years
GC §34090
Human
Resources HR-022
Workers' Compensation / Employee Accident Reports
Includes all Accident, Incident, or Injury Reports and
associated MSDS, Refusal of Medical Treatment of an
Industrial Accident
Until Closed P P 8 CCR §3204(d)(1) et seq., 8 CCR 10102, 15400.2;
GC §§12946, 34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
369
Ver. 6.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: INFORMATION TECHNOLOGY Page IT-1
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Information
Technology IT-001 Backup Tapes - Daily
When No
Longer
Required
When No
Longer
Required
Used for Disaster Recovery Purposes Only; GC
§34090 et seq.
Information
Technology IT-002 Backup Tapes - Weekly / Monthly
When No
Longer
Required
When No
Longer
Required
Used for Disaster Recovery Purposes Only; GC
§34090 et seq.
Information
Technology IT-003 Inventory, Information Systems
When No
Longer
Required
When No
Longer
Required
Preliminary documents not retained in the ordinary
course of business; GC §34090 et seq.
Information
Technology IT-004 Network Configuration Maps & Plans
When No
Longer
Required
When No
Longer
Required
Preliminary documents not retained in the ordinary
course of business; GC §34090 et seq.
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
370
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: PARKS & RECREATION Page P&R-1
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, claims, complaints, audits, public records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).
Parks &
Rec.P&R-001
Activity / Special Programs / Special Event Files
Bingo, Children's Programs, Cultural Arts, Sports,
Senior Programs, Filming, Theatre Programs and
similar documents
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
GC §34090
Parks &
Rec.P&R-002
Athletic Field Use Agreements
(all other agreements are sent to the City Clerk)
Completion 5 years Completion +
5 years GC §34090
Finance P&R-003 Cash Receipts (all detail sent to Finance)1 year 1 year GC §34090.7
Parks &
Rec.P&R-004 Check In List / Drop-in Classes 2 years 2 years GC §34090
Parks &
Rec.P&R-005 Contractor's Payment Detail / Breakdown (not sent
to Finance)2 years 3 years 5 years GC §34090 et seq.
Parks &
Rec.P&R-006 Credit Card Refunds (not sent to Finance)2 years 3 years 5 years GC §34090 et seq.
Parks &
Rec.P&R-007 Evaluations / Surveys (Program or Facility
Evaluations)
When No
Longer
Required
When No
Longer
Required
Department Preference (Transitory record not
retained in the ordinary course of business); GC
§34090
Parks &
Rec.P&R-008 Facility Use Rental Contracts / McClellan Ranch
Preserve Garden Plot Rental Agreements 2 years 2 years GC §34090
Parks &
Rec.P&R-009
First Aid Reports
(Accident reports are sent to Human Resources /
Risk Management)
2 years 2 years GC §34090
Parks &
Rec.P&R-010
Parks & Recreation Commission
AGENDAS, AGENDA PACKETS
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
GC §§34090, 54960.1(c)(1)
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
371
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: PARKS & RECREATION Page P&R-2
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, claims, complaints, audits, public records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).
Parks &
Rec.P&R-011
Parks & Recreation Commission
AUDIO RECORDINGS of Meetings / Audio Tapes
30 days, or
After Minutes
are Adopted,
Whichever is
Longer
30 days, or
After Minutes
are Adopted,
Whichever is
Longer
GC §54953.5(b)
City Clerk P&R-012
Parks & Recreation Commission
MINUTES
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Send all originals to the City Clerk; GC §34090.7
Parks &
Rec.P&R-013 Rec Bucks Log / Rec Checks Log 2 years 3 years 5 years GC §34090 et seq.
Parks &
Rec.P&R-014 Recreation Database Indefinite Indefinite GC §34090
Parks &
Rec.P&R-015
Registration / Reservation Forms / Application
Forms / Membership Applications / Fee & Charge /
Liability Forms / Release of Liability Forms /
Permissions / and similar documents: Camps,
Field Trips, Authorization to give Medicine, and
similar documents
3 years 3 years GC §34090
Parks &
Rec.P&R-016 Senior Client Case Files Inactive + 5
years
Inactive + 5
years GC §34090
Parks &
Rec.P&R-017 Senior Memberships (renewed annually)2 years 2 years GC §34090
Parks &
Rec.P&R-018 Senior Nutrition Program 5 years 5 years OMB Circular A-110 & A-133; GC §34090
Parks &
Rec.P&R-019 Senior Trips / Travel Program 4 years 4 years GC §34090
Parks &
Rec.P&R-020 Sign-in / Sign-out sheets (Day camp, and similar
documents)2 years 2 years GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
372
Ver. 8.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: PARKS & RECREATION Page P&R-3
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, claims, complaints, audits, public records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).
Parks &
Rec.P&R-021
Teen Commission
AGENDAS, AGENDA PACKETS.
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
GC §§34090, 54960.1(c)(1)
City Clerk P&R-022
Teen Commission
MINUTES & BYLAWS
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Send all originals to the City Clerk; GC §34090.7
Parks &
Rec.P&R-023 Waivers of Liability 2 years 2 years GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
373
Ver. 10.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-1
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
PUBLIC WORKS / ENGINEERING
Public Works
/ Engineering PW-001 Abandonments / Vacations (Streets) P P GC §34090
Public Works
/ Engineering PW-002 Aerial Maps / Photographs - Analog or Digital &
Index to Aerials P P GC §34090
Public Works
/ Engineering PW-003
Assessment Districts / Community Facilities
Districts / Maintenance Districts / Landscape &
Lighting / Street Improvement District Projects /
Underground Utility Districts
(FORMATION, BOUNDARIES, ENGINEERS
REPORTS, MAPS)
P P GC §34090
Public Works
/ Engineering PW-004 Benchmarks, Center Line Ties, Survey Books P P GC §34090
Public Works
/ Engineering PW-005
Bicycle Pedestrian Commission
AGENDAS, AGENDA PACKETS.
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
GC §§34090, 54960.1(c)(1)
Public Works
/ Engineering PW-006
Bicycle Pedestrian Commission
AUDIO RECORDINGS of Meetings / Audio Tapes
30 days, or
After Minutes
are Adopted,
Whichever is
Longer
30 days, or
After Minutes
are Adopted,
Whichever is
Longer
GC §54953.5(b)
City Clerk PW-007 Bicycle Pedestrian Commission
MINUTES & BYLAWS
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Send all originals to the City Clerk; GC §34090.7
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
374
Ver. 10.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-2
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Public Works
/ Engineering PW-008 Block Party Permits 2 years 2 years GC §34090 et seq.
Public Works
/ Engineering PW-009 Bonds: Construction Bonds / Subdivision Bonds
Release of
Bond /
Security
Release of
Bond /
Security
Securities (Performance Bonds, Letters of Credit, CD's,
etc.) are released after the Notice of Completion is issued
and released according to the bond release schedule,
which is fully released 1 year after the Notice of
Completion date; GC §34090
Public Works
/ Engineering PW-010
Capital Improvement Projects (CIP):
Administration File
Budget, Bid Set and Conform Set of Drawings, Estimates,
Advertisement / Notice Inviting Bids / Bid Results, Project
Administration, Certified Payrolls, Correspondence /
Notices, Council or Commission Staff Reports & Minutes,
Preliminary Notices / Stop Notices, Presentations,
Progress Payments, Project Schedules, Meeting Notes,
Progress meetings, Public Information Real Estate
Appraisals, Bond Release Letters, etc.
Upon
Completion
10 years or
After
Funding
Agency
Audit, if
required,
whichever is
longer
Completion +
10 years or
After Funding
Agency Audit,
if required,
whichever is
longer
GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
375
Ver. 10.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-3
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Public Works
/ Engineering PW-011
Capital Improvement Projects (CIP): Permanent
File
Plans, Specifications & Addenda, Agreement / Contract,
Successful Proposal, Change Orders, Construction
Manager's Logs, Daily Inspections, Easements,
Environmental / EIRs, Negative Declarations, Categorical
Exemptions, Field Authorizations, Materials Testing
Reports, Grading Permits, Insurance Certificates,
Hazardous Materials Plans, Notice of Completion, Photos,
Real Property Acquisitions, RFIs & Responses, Soils
Reports, Studies, Submittals, Surveys, etc.
Upon
Completion P P GC §34090
Lead Dept.PW-012 Capital Improvement Projects (CIP): Unsuccessful
Proposals 2 years 2 years GC §34090
Lead Dept.PW-013 Correspondence - Regulatory Agencies
When No
Longer
Required -
Minimum 10
years
When No
Longer
Required -
Minimum 10
years
GC §34090
City Clerk &
Public Works
/ Engineering PW-014 Deeds, Easements P P Finals are maintained by City Clerk; GC §34090 et seq.
Public Works
/ Engineering PW-015 Design & Construction Standards P P GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
376
Ver. 10.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-4
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Public Works
/ Engineering PW-016
Drawings, Maps, Plans and Record Drawings,
Large-Format Drawings, Survey Record Maps,
Capital Improvement Project "As-Builts"
FINALS
P P Drafts should be destroyed; GC §34090, 34090.7
Public Works
/ Engineering PW-017 Encroachment Permits - Permanent
Encroachments P P Department file may include correspondence; GC §34090
et seq.
Public Works
/ Engineering PW-018
Encroachment Permits - Public Right of Way,
Street Permits, Temporary Construction, Traffic
Control, Utility Cuts etc.
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
If work performed is subject to a warranty, Minimum 2
years after expiration of the warranty; GC §34090
Public Works
/ Engineering PW-019
Engineering Studies / Surveys - Preliminary Studies
/ Project Assessments (Not Acquired or
Developed)
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
GC §34090
Public Works
/ Engineering PW-020 Engineering Studies / Surveys (City Built Projects)P P GC §34090
Public Works
/ Engineering PW-021 Geotechnical and Soils Reports; Hydrology Reports
(Authored or Purchased by the City)P P GC §34090
Public Works
/ Engineering PW-022 Grading Permits & Plans P P GC §34090
Comm.
Develop. /
Building
PW-023 Plan Checks for Building Permits
When No
Longer
Required
When No
Longer
Required
Preliminary drafts; GC §34090 et seq.
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
377
Ver. 10.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-5
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Public Works
/ Engineering PW-024
Private Development Projects / Job Files:
Administration File
Correspondence, Project Schedules, etc.
Examples of types of Private Development Projects:
CUPs, Lot Line Adjustments, Parcel Maps, Precise
Alignment, Specific Plans, Split Lots, Subdivisions,
Tracts,. TPMs, TSMs
Upon
Completion 10 years Completion +
10 years GC §34090
Public Works
/ Engineering PW-025
Private Development Projects / Job Files:
Permanent Files
Construction Inspections, Dedications, Drainage,
Driveway, Easements, Encroachments, Final Reports,
Grading Plans, Photos, Private Lab Verifications,
Rights of Way, Stormwater, Testing Lab Verifications,
etc.
Examples of types of Private Development Projects:
CUPs, Lot Line Adjustments, Parcel Maps, Precise
Alignment, Specific Plans, Split Lots, Subdivisions, Tracts,
TPMs, TSMs
Upon
Completion P P GC §34090
Public Works
/ Engineering PW-026
Project-related Petitions (submitted to Council
related to a proposed project ). Examples: parking
requests, traffic calming requests, etc.
2 years 2 years
May be sent to Public Works or other departments,
depending upon the subject of the petition; For Initiative,
Recall or Referendum petitions, see the City Clerk
schedule GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
378
Ver. 10.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-6
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Public Works
/ Engineering PW-027
Public Safety Commission
AGENDAS, AGENDA PACKETS.
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
GC §§34090, 54960.1(c)(1)
Public Works
/ Engineering PW-028
Public Safety Commission
AUDIO RECORDINGS of Meetings / Audio Tapes
30 days, or
After Minutes
are Adopted,
Whichever is
Longer
30 days, or
After Minutes
are Adopted,
Whichever is
Longer
GC §54953.5(b)
City Clerk PW-029 Public Safety Commission
MINUTES & BYLAWS
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Send all originals to the City Clerk; GC §34090.7
City Clerk &
Public Works
/ Engineering PW-030 Real Property Acquisitions / Sale P P Final agreements are maintained by City Clerk; GC
§34090 et seq.
Public
Works /
Engineering PW-031 Rights of Ways, Covenants, Liens P P Finals are maintained by City Clerk; Department file may
include correspondence; GC §34090 et seq.
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
379
Ver. 10.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-7
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
PUBLIC WORKS / ENVIRONMENTAL SERVICES
Public Works
/ Environ.
Services
PW-032
Environmental Services / Solid Waste / AB 939
Compliance; Reports to California integrated Waste
Management Board, Tonnage Reports, etc.
10 years 10 years GC §34090
Public Works
/ Environ.
Services
PW-033 NPDES Monitoring and Inspections - Stormwater
When No
Longer
Required -
Minimum 3
years
When No
Longer
Required -
Minimum 3
years
40 CFR §§122.21, 122.41; CCP §337 et seq.
Public Works
/ Environ.
Services
PW-034 NPDES Permits - Stormwater
Permit
Superseded +
3 years
Permit
Superseded +
3 years
40 CFR §§122.21, 122.41; CCP §337 et seq.
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
380
Ver. 10.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-8
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
PUBLIC WORKS / TRAFFIC ENGINEERING
Public Works
/ Engineering PW-035 Studies - Transportation
When No
Longer
Required -
Minimum 5
years
When No
Longer
Required -
Minimum 5
years
GC §34090
Public Works
/ Engineering PW-036 Traffic Complaints
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
GC §34090
Public Works
/ Engineering PW-037 Traffic Signal Cabinet Prints
When No
Longer
Required
When No
Longer
Required
Preliminary drafts not retained in the ordinary course of
business; GC §34090
Public Works
/ Engineering PW-038 Traffic Signal Inventory / Timing
When No
Longer
Required
When No
Longer
Required
Preliminary drafts not retained in the ordinary course of
business; GC §34090
Public Works
/ Engineering PW-039 Traffic Signals (locations, inspections, pole &
structure maintenance)P P Drafts should be destroyed; GC §34090
Public Works
/ Engineering PW-040 Traffic Speed Surveys Until
Superseded
Until
Superseded GC §34090
Public Works
/ Engineering PW-041 Traffic Studies / Traffic Counts / Traffic Calming
Requests
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
GC §34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
381
Ver. 10.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-9
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Public Works
/ Engineering PW-042 Transportation Master Plans / Traffic Master Plans P P Department preference; Drafts should be destroyed; GC
§34090
Public Works
/ Engineering PW-043 Videos - Traffic / Intersections
When No
Longer
Required
When No
Longer
Required
Does not record regular, ongoing operations of the City;
Preliminary drafts not retained in the ordinary course of
business; GC §34090 et seq.
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
382
Ver. 10.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-10
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
PUBLIC WORKS / OPERATIONS
Public Works
/ Operations PW-044 Alternative Fuel Vehicles Surveys (CNG, etc.)2 years 2 years GC §34090
Public Works
/ Operations PW-045 AQMD Permits (Generators, etc.)Current + 2
years
Current + 2
years GC §34090
Public Works
/ Operations PW-046 Confined Space Entries 3 years 3 years 8 CCR §5158
Lead Dept.PW-047 Correspondence - Regulatory Agencies
When No
Longer
Required -
Minimum 10
years
When No
Longer
Required -
Minimum 10
years
GC §34090
Public Works
/ Operations PW-048 Daily Worksheets / Daily Logs (document tree
trimming, sidewalk repair, etc.)10 years 10 years GC §34090
Public Works
/ Operations
& Fire
PW-049 Fuel and Gas Usage (Fuel Master)5 years 5 years GC §34090
Public Works
/ Operations PW-050 Generator Operation Logs (for fixed / stationary
generators) / Inspections 3 years 3 years GC §34090
Public Works
/ Operations PW-051 Hazardous Waste Manifests / Certificates of
Disposal 5 years P P 40 CFR 262.40, 8 CCR 3204(d)(1)(A), 22 CCR 66262.40
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
383
Ver. 10.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-11
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Public Works
/ Operations PW-052 Operations & Maintenance Manuals (O&M Manuals)
Life of Facility
or Equipment -
Minimum 2
years
Life of Facility
or Equipment -
Minimum 2
years
GC §34090
Public Works
/ Operations PW-053 Pesticide Application Records 2 years 2 years GC §26202; 3 CCR 6623, 40 CFR 171.11 et seq.
Public Works
/ Operations PW-054 Pool Chemical Additions / Logs (Chlorine, Muriatic
Acid)30 years 30 years 8 CCR §3204(d)(1) et seq., GC §§12946, 34090
Public Works
/ Operations PW-055
Pre-Trip Inspections / DOT Program / CHP
Inspections / Vehicle Safety Checks / Daily Vehicle
Inspections / Daily Equipment Checks
2 years 2 years GC §34090
Public Works
/ Operations PW-056 Underground Service Alerts (USA's)5 years 5 years GC §34090
Public Works
/ Operations
& Fire
PW-057
Underground Storage Tank (City Owned)
UST Monitoring, Inspections and Maintenance,
Release Detection Systems, Cathodic Protection
Maintenance Records
7 years 7 years 23 CCR 2712(b); H&S §25284.4(i)
Public Works
/ Operations
& Fire
PW-058
Underground Storage Tanks - USTs (City Owned)
Repairs, Lining, Upgrade Records
Life of the
Tank
Life of the
Tank 23 CCR 2712(b), H&S §25284.4(i)
Public Works
/ Operations
& Fire
PW-059
Underground Storage Tanks (City-Owned)
Location, Removal, Soil Remediation,
Monitoring Well Records
10 years P P 23 CCR 2712(b), H&S §25284.4(i); GC §34090 et. seq.
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
384
Ver. 10.0
Adopted: xx/xx/xx RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-12
Office of
Record Retention No.Records Description Retention / Disposition Comments / Reference
(OFR)Active
(in office)
Inactive
(Records
Center)
Total
Retention
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Copies, drafts, notes and non-records do not require authorization, and can be destroyed when they are no longer required.
Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Public Works
/ Operations PW-060 Used Oil Disposal 3 years 3 years 22 CCR 66266.130(c)(5), H&S §25250.18(b),
25250.19(a)(3) et seq.
Public Works
/ Operations PW-061 Vehicle Accident Reports (City Vehicles)2 years 2 years GC §34090
Public Works
/ Operations PW-062 Vehicle & Equipment Database Indefinite Indefinite Data Fields / Records are interrelated; GC §34090
Public Works
/ Operations PW-063
Vehicle & Equipment History Files
Maintenance, Crane Certifications, Smog
Certificates, Registrations
Disposal of
Vehicle or
Equipment +
2 years
Disposal of
Vehicle or
Equipment +
2 years
8 CCR § 3203(b)(1); 49 CFR 396.21(b)(1); 49 CFR
396.3(c); CCP §337 et. Seq., GC §34090
Public Works
/ Operations PW-064
Work Orders / Service Requests CMMS
DATABASE (Computerized Maintenance
Management System)
Indefinite Indefinite Data is interrelated; GC §34090
Public Works
/ Operations PW-065 Work Orders / Service Requests - All Information
Entered in CMMS Database
When No
Longer
Required
When No
Longer
Required
Preliminary drafts (the database is the original); GC
§34090
Public Works
/ Operations PW-066
Work Orders / Service Requests - NOT entered in
CMMS Database (or partial information entered into
CMMS Database)
(Division providing service retains originals; Division
requesting service is considered a copy)
5 years 5 years CCP §§338 et seq., 340 et seq., 342, GC §§945.6, GC
§34090
Cupertino, CA This material is protected by copyright held by Gladwell Governmental Services, Inc., (909) 337-3516, but is also a public record, which the City may
duplicate and distribute upon a valid request for public records pursuant to state law
385
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0506 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:10/27/2014 City Council
On agenda:Final action:12/16/2014
Title:Subject: Declare weeds a nuisance and set hearing date of January 20 for objections to proposed
removal
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
Action ByDate Action ResultVer.
City Council12/16/20141
Subject:DeclareweedsanuisanceandsethearingdateofJanuary20forobjectionsto
proposed removal
AdoptResolutionNo.14-223declaringweedsanuisanceandsettinghearingdateofJanuary
20 for objections to proposed removal
CITY OF CUPERTINO Printed on 12/11/2014Page 1 of 1
powered by Legistar™386
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: December 16, 2014
Subject
Declare weeds a nuisance and set hearing date of January 20 for objections to proposed
removal.
Recommended Action
Adopt draft resolution.
Discussion
Chapter 9.08 of the Cupertino Municipal Code requires property owners to remove or
destroy weeds on their property for fire protection. The weed abatement process is in
place to notify the property owners of this responsibility, authorize the County to
remove the weeds if the property owner doesn’t, and allow the County to recover the
costs of abatement.
*Please note that any fees waived by the Council will be billed to the City by the County
to cover their cost of servicing the property.
The process consists of eight steps that begin in November and go through August of
each year. At this time the process is at Step No. 2 on the list.
1. County prepares a list of all properties that have been non-compliant in
removing weeds in the last three years and provides that list to the City (Nov).
2. City Council adopts a resolution declaring weeds a nuisance and setting a
hearing date to hear objections by property owners to having their name on the
list (Dec).
3. County sends notice to the property owners on the list notifying them of the
hearing date and explaining that they must remove weeds by the abatement
deadline of April 30 or it will be done for them, and the cost of the abatement
plus administrative costs assessed to their property (Dec).
387
4. City Council holds the hearing to consider objections by property owners and
adopts a resolution ordering abatement (Jan).
5. County sends a courtesy letter to property owners on the list notifying them
again of the abatement deadline and noting that they will work with the
property owner to be sure the weeds are removed (Jan).
6. After April 30, the properties are inspected by the County to verify that weeds
were removed and proceeds with abatement if the inspection fails. County
makes an assessment list of all costs associated with the abatement and provides
that list to the City (June-July).
7. City notifies the property owners on the assessment list notifying them of the
hearing date. (July-Aug).
8. City Council holds a hearing, notes any disputes, and adopts a resolution putting
a lien assessment on the properties to allow the County to recover the cost of
weed abatement (July-Aug).
_____________________________________
Prepared by: Kirsten Squarcia, Deputy City Clerk
Reviewed by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments: A - Draft Resolution
388
RESOLUTION NO. 14-
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
DECLARING WEEDS ON CERTAIN DESCRIBED PROPERTY TO BE A
PUBLIC NUISANCE AND SETTING A HEARING FOR OBJECTIONS TO
PROPOSED REMOVAL
WHEREAS, weeds are growing in the City of Cupertino upon certain
streets, sidewalks, highways, roads and private property; and
WHEREAS, said weeds may attain such growth as to become a fire
menace or which are otherwise noxious or dangerous; and
WHEREAS, said weeds constitute a public nuisance;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
1. That said weeds do now constitute a public nuisance;
2. That said nuisance exists upon all of the streets, sidewalks, highways,
roads and private property more particularly described by common
names or by reference to the tract, block, lot, code area, and parcel number
on the report prepared by the Agricultural Commissioner and attached
hereto;
3. That the 20th day of January, 2015, at the hour of 6:45 p.m., or as soon
thereafter as the matter can be heard, in the Council Chamber in the
Community Hall, City of Cupertino, is hereby set as the time and place
where all property owners having any objections to the proposed removal
of such weeds may be heard;
4. That the Agricultural Commissioner is hereby designated and ordered as
the person to cause notice of the adoption of this resolution to be given in
the manner and form provided in Sections 9.08.040 of the Cupertino
Municipal Code.
389
Resolution No. 14-
Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of December, 2014, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
______________________ ________________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
390
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0579 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:12/2/2014 City Council
On agenda:Final action:12/16/2014
Title:Subject: Accept resignation of Parks and Recreation Commissioner Darcy Paul and termination of
Fine Arts Commissioner Russell Leong and direct staff to fill the unscheduled vacancies
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Darcy Paul resignation letter
B - Russell Leong termination letter
Action ByDate Action ResultVer.
City Council12/16/20141
Subject: Accept resignation of Parks and Recreation Commissioner Darcy Paul and
termination of Fine Arts Commissioner Russell Leong and direct staff to fill the unscheduled
vacancies
Accept resignation of Parks and Recreation Commissioner Darcy Paul and termination of Fine
Arts Commissioner Russell Leong and fill the unscheduled vacancies from applicants being
interviewed in January 2015
CITY OF CUPERTINO Printed on 12/11/2014Page 1 of 1
powered by Legistar™391
OFFICE OF THE CITY CLERK
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: December 16, 2014
Subject
Accept resignation of Parks and Recreation Commissioner Darcy Paul and termination
of Fine Arts Commissioner Russell Leong and direct staff to fill the unscheduled
vacancies.
Recommended Action
Accept resignation of Parks and Recreation Commissioner Darcy Paul and termination
of Fine Arts Commissioner Russell Leong and fill the unscheduled vacancies from
applicants being interviewed in January 2015.
Discussion
Commissioner Darcy Paul was elected to City Council on November 4, 2014 and was
sworn into office on December 2, 2014, which creates an unscheduled vacancy with a
partial term ending January 2016. Commissioner Russell Leong terminated his
appointment on November 24, 2014, which creates an unscheduled vacancy with a full
term ending January 2017.
The annual vacancy notice for terms ending in January 2015 has already been posted,
and Council will conduct interviews for all commissions on January 26 and 27. The
Parks and Recreation Commission and the Fine Arts Commission each currently have
two vacancies with terms expiring in 2015.
Cupertino Resolution No. 10-048 states that:
Posting for unscheduled vacancies shall be posted no earlier than 20 days before
nor later than 20 days after the vacancy occurs, and at least 10 working days
before appointment.
Staff will post the two unscheduled vacancies and include those vacancies with the
annual interviews in January 2015.
392
_____________________________________
Prepared by: Kirsten Squarcia, Deputy City Clerk
Reviewed by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Darcy Paul resignation letter
B – Russell Leong termination letter
393
394
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
December 1, 2014
Russell Leong
21815 Almaden Circle
Cupertino, CA 95014
Dear Russell:
I am writing to inform you that your appointment to the Fine Arts Commission was
terminated in November.
Cupertino Resolution No. 10-048 (on reverse side) indicates that an incumbent who
misses more than 3 consecutive meetings or more than 25% of the commission’s
meetings is automatically removed from the commission. Staff records indicate that you
missed two meetings (July and November).
You may request a waiver of this provision by writing a letter to the Cupertino City
Council setting forth the reason for the absences and confirming future availability.
The letter should be sent to the City Clerk’s office, and I will present it to the Council
for their consideration at the next regular meeting.
If you have any questions, please contact me at 408-777-3224.
Sincerely,
Grace Schmidt
City Clerk
cc: Piu Ghosh
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The following is an excerpt from Resolution No. 10-048
C. UNSCHEDULED VACANCIES AND ATTENDANCE
3. A member shall be considered removed from an advisory body under the
following conditions.
• A member misses more than three consecutive meetings
• A member misses more than 25% of the advisory body’s meetings in a
calendar year
4. It is the responsibility of the advisory body’s staff liaison to notify the City
Clerk of a member’s attendance record to allow sufficient time to send a
warning notice if the member has missed three consecutive meetings or 25%
of the meetings, and to send a termination notice if the member has missed
more three consecutive meetings or more than 25% of the meetings in a
calendar year.
5. A member who has been removed from an advisory body for inadequate
attendance may request a waiver of this provision by submitting a letter to
the City Council setting forth the reason for the absences and confirming
future availability.
396
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0578 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:12/1/2014 City Council
On agenda:Final action:12/16/2014
Title:Subject: Application for Alcoholic Beverage License for Homestead Bowl, 20990 Homestead Road
Sponsors:Julia Kinst
Indexes:
Code sections:
Attachments:Staff Report
A - Application
Action ByDate Action ResultVer.
City Council12/16/20141
Subject:ApplicationforAlcoholicBeverageLicenseforHomesteadBowl,20990Homestead
Road
RecommendApprovaloftheApplicationforAlcoholicBeverageLicenseforHomestead
Bowl, 20990 Homestead Road
CITY OF CUPERTINO Printed on 12/11/2014Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: December 16, 2014
Subject
Alcoholic Beverage License, Homestead Bowl, 20990 Homestead Road
Recommended Action
Recommend approval of the application for Alcoholic Beverage License, Homestead
Bowl, 20990 Homestead Road
Description
Name of Business: Homestead Bowl
Location: 20990 Homestead Road
Type of Business: Restaurant
Type of License: 47 – On-Sale General Eating
Reason for Application: Fiduciary Transfer
Discussion
There are no zoning or use permit restrictions which would prohibit the sale of alcohol
as proposed and staff has no objection to the issuance of this license. License Type 47
authorizes the sale of beer and wine for consumption off the licenses premises. This is
the existing location of Homestead Lanes Bowling Alley at corner of Homestead Road
and North Stelling Road.
_____________________________________
Prepared by: Julia Kinst, Planning Department
Reviewed by: Gary Chao, Assistant Director of Community Development; Aarti
Shrivastava, Assistant City Manager - Community Development and Strategic Planning
Approved for Submission by: David Brandt, City Manager
Attachment: A - Application
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0461 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:9/29/2014 City Council
On agenda:Final action:12/16/2014
Title:Subject: A resolution approving a parcel map for the Apple Campus 2 property in the Vallco Park
North area that subdivides approximately 173.6 acres into five parcels
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
B - Parcel Map
Action ByDate Action ResultVer.
City Council12/16/20141
Subject:AresolutionapprovingaparcelmapfortheAppleCampus2propertyintheVallco
Park North area that subdivides approximately 173.6 acres into five parcels
AdoptResolutionNo.14-224approvingaparcelmapfortheAppleCampus2propertyinthe
Vallco Park North area that subdivides approximately 173.6 acres into five parcels
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: December 16, 2014
Subject
A resolution approving a parcel map for the Apple Campus 2 property in the Vallco
Park North area that subdivides approximately 173.6 acres into five parcels.
Recommended Action
Adopt Resolution No. 14-_____.
Description
Parcel Map, Campus Holdings, Inc, a Delaware corporation, APNs 316-06-033; 316-06-
038; 316-06-039; 316-06-045; 316-06-046; 316-06-048; 316-06-049; 316-06-050; 316-06-051;
316-06-052; 316-06-053; 316-07-044; 316-07-045; 316-07-046; 316-09-019; 316-09-027; 316-
09-028; 316-18-012; 316-18-025; 316-18-026; 316-18-027 & 316-18-035, for the Apple
Campus 2 property in the Vallco Park North area.
Discussion
The subject land is located in the Vallco Park North area, and is the location of the new
Apple Campus 2 development.
On October 15, 2013, the tentative map for the Apple Campus 2 subdivision was
presented to the City Council and was approved unanimously. The current parcel map
substantially conforms to the approved tentative map.
Additionally, on October 15, 2013, the Vacation of Pruneridge Avenue, and various
public easements, was presented to the City Council and was approved unanimously.
The vacation of Pruneridge Avenue was contingent upon City Council approval of the
Development Agreement for “Apple Campus 2”, the Development Agreement
becoming effective, the City and Apple Inc. entering into a Purchase and Sale
Agreement, and the relocation of the existing utilities located within and along
Pruneridge Avenue to the satisfaction of the Director of Public Works. These conditions
have now been met, and the vacation of Pruneridge Avenue can be recorded. The
recordation of the parcel map is contingent upon the vacation of Pruneridge Avenue
and will follow after the vacation.
Other subdivision improvements that were memorialized with the Development
Agreement for the project have either been completed to date, or have been secured
with the City. The map dedicates various portions of land where some of these
subdivision improvements are located. The map also records the abandonment of
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various easements, consistent with the easements vacated by Council on October 15,
2013.
Per the Subdivision Map Act section 66474.1, the parcel map shall not be denied if the
map is in substantial conformance with the approved tentative map and all precedent
conditions have been met.
____________________________________
Prepared by: Chad Mosley, Associate Civil Engineer
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Draft Resolution
B – Parcel Map
403
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RESOLUTION NO. 14 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A SUBDIVISION MAP, CAMPUS HOLDINGS, INC,
A DELAWARE CORPORATION,
FOR THE APPLE CAMPUS 2,
APNs 316-06-033, 316-06-038, 316-06-039, 316-06-045, 316-06-046, 316-06-048,
316-06-049, 316-06-050, 316-06-051, 316-06-052, 316-06-053, 316-07-044, 316-07-045,
316-07-046, 316-09-019, 316-09-027, 316-09-028, 316-18-012, 316-18-025, 316-18-026,
316-18-027 & 316-18-035;
WHEREAS, on October 15, 2013, the City Council approved a Tentative
Subdivision Map for the Apple Campus 2 development located in the Vallco
Park North area, and more particularly located North of Highway 280, West of
North Tantau Avenue, South of Homestead Road, East of North Wolfe Road and
both North and South of Pruneridge Avenue, APNs 316-06-033, 316-06-038, 316-
06-039, 316-06-045, 316-06-046, 316-06-048, 316-06-049, 316-06-050, 316-06-051,
316-06-052, 316-06-053, 316-07-044, 316-07-045, 316-07-046, 316-09-019, 316-09-027,
316-09-028, 316-18-012, 316-18-025, 316-18-026, 316-18-027 and 316-18-035; and
WHEREAS, the Subdivision Map here presented to the City Council is in
substantial compliance with said Tentative Subdivision Map;
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said Subdivision Map is hereby approved.
b. All offers of dedication in fee of land and dedications of easements
are hereby accepted.
c. The City Engineer and the City Clerk are hereby authorized to sign
said Subdivision Map.
PASSED AND ADOPTED at the regular meeting of the City Council of
the City of Cupertino this 16th day December, 2014, by the following vote:
/
/
/
/
ATTACHMENT A
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Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0429 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:9/12/2014 City Council
On agenda:Final action:12/16/2014
Title:Subject: Quinlan Community Center Interior Upgrade Project, No. 2010-9255
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Contract
Action ByDate Action ResultVer.
City Council12/16/20141
Subject: Quinlan Community Center Interior Upgrade Project, No. 2010-9255
AuthorizetheCityManagertoawardacontracttoCRWIndustries,Inc.ofScottsValley,CA
intheamountof$288,242;andapproveaconstructioncontingencyof$57,648(20%)fora
total of $345,890
CITY OF CUPERTINO Printed on 12/11/2014Page 1 of 1
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: December 16, 2014
Subject
Quinlan Community Center Interior Upgrade Project, No. 2010-9255.
Recommended Action
Authorize the City Manager to award a contract to CRW Industries, Inc. of Scotts
Valley, CA in the amount of $288,242; and approve a construction contingency of
$57,648 (20%) for a total of $345,890.
Discussion
On November 25, 2014, the City received bids for the Quinlan Community Center
Interior Upgrade Project. This project will renew the existing interior finishes such as
flooring and paint in the Cupertino Room, hallways, lobbies and restrooms. The work
also includes the replacement of existing light fixtures in the hallways and lobbies.
Except for the areas where work is being performed, the Community Center will
remain open during this project.
Five companies submitted bid packages for this project. The following is a summary of
bids deemed complete:
Bidder Bid Amount
CRW Industries, Inc. $ 288,242
Southland Construction Management, Inc. $ 293,114
Integra Construction, Services, Inc. $ 326,308
Dynasel USA $ 331,631
Hoi’s Construction, Inc. $ 334,000
Expected Expenditure $ 360,000
Staff mailed out approximately 19 notices to targeted contractors and to local trade
journals, along with posting on the City’s website. Two addenda were issued in which
the bidding period was extended by one week and several bidders’ questions and
requests for clarification were addressed. Staff believes that the additional time and
information provided to the bidders had a positive impact in producing a narrow bid
range and in helping to bring the bids under the expected expenditure. The 20%
contingency will be used to cover unforeseen conditions and items of work not
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currently in contract but may be necessary to achieve a cohesive and well-defined scope
of work.
Fiscal Impact
Award of the project will result in a fiscal impact of $345,890. Sufficient funds have been
budgeted and are available from account #580-9255-9300 (Quinlan Community Center
Interior Upgrade).
_____________________________________
Prepared by: Alex Acenas, Public Works Project Manager
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A - Draft Contract
415
Project No. 2010-9255
City of Cupertino 00520 - 1 Contract
Quinlan Community Center Interior Upgrades
CRW Industries, Inc.
DOCUMENT 00520
CONTRACT
THIS CONTRACT, dated this day of , 20 ___, by and between CRW Industries, Inc. whose
place of business is located at 5346 Scotts Valley Dr., Suite E, Scotts Valley, CA 95066 (“Contractor”), and the CITY
OF CUPERTINO, a Municipal Corporation of the State of California (“City”) acting under and by virtue of the authority
vested in the City by the laws of the State of California.
WHEREAS, City, on the 16th day of December, 2014 awarded to Contractor the following Project:
PROJECT NUMBER 2010-9255
QUINLAN COMMUNITY CENTER INTERIOR UPGRADES
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree
as follows:
Article 1. Work
1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications,
Drawings, and all other terms and conditions of the Contract Documents.
Article 2. Agency and Notices to City
2.1 City has designated Alex Acenas, Public Works Project Manager, to act as City’s Authorized Representative(s),
who will represent City in performing City’s duties and responsibilities and exercising City’s rights and authorities
in Contract Documents. City may change the individual(s) acting as City’s Authorized Representative(s), or
delegate one or more specific functions to one or more specific City’s Representatives, including without limitation
engineering, architectural, inspection and general administrative functions, at any time with notice and without
liability to Contractor. Each City’s Representative is the beneficiary of all Contractor obligations to City,
including without limitation, all releases and indemnities.
2.2 City has designated Hawley Peterson Snyder as the project Consultant. City may change the identity of the
project Consultant at any time with notice and without liability to Contractor.
2.3 City has designated Gilbane Building Company to act as Construction Managers. City may change the identity
of the Construction Manager at any time with notice and without liability to Contractor.
2.4 All notices or demands to City under the Contract Documents shall be to City’s Authorized Representative at:
10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall
provide to Contractor.
Article 3. Contract Time and Liquidated Damages
3.1 Contract Time.
The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a
Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at
the Site prior to the date on which the Contract Time commences to run.
Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance
with Section 00700 (General Conditions) within 102 Calendar Days from the date when Contract Time
commences to run.
416
Project No. 2010-9255
City of Cupertino 00520 - 2 Contract
Quinlan Community Center Interior Upgrades
CRW Industries, Inc.
Stage 1 shall be started on February 9th, 2015 and completed by February 20th, 2015. Liquidated damages will
be assessed if work is not completed on Stage 1 in this time period.
3.2 Liquidated Damages.
City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss
in the form of contract administration expenses (such as project management and consultant expenses), if all or
any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in
accordance with the Contract Documents. Consistent with Document 00700 (General Conditions), Contractor
and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the
amount of actual damages incurred by City because of a delay in completion of all or any part of the Work.
Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City:
3.2.1 $2,000 for each Calendar Day that expires after the time specified herein for Contractor to achieve
Final Completion of the entire Work as specified above.
3.2.2 $5,000 for each Calendar Day that expires after February 20th, 2015 for the completion of Stage 1
work as shown on the plans.
3.2.3 $3,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND
HOURS AND NOISE DISTURBANCES.
3.2.4 Three Months Salary for each Key Personnel named in Contractor’s SOQ pursuant to Article 2.G of
Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or
Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor
can demonstrate to City’s satisfaction is beyond Contractor’s control.
Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the
damages suffered by City resulting from delay in completion of the Work.
Contractor should be aware that California Department of Fish and Game, and other State and Federal agencies,
may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered
species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species
protection requirements.
3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of
public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of
completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities,
or damages suffered by others who then seek to recover their damages from City (for example, delay claims of
other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof.
Article 4. Contract Sum
4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as
set forth in Contractor’s Bid, attached hereto: See Exhibit “A” attached.
Article 5. Contractor’s Representations
In order to induce City to enter into this Contract, Contractor makes the following representations and warranties:
5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the
Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and
federal, state and local laws and regulations that in any manner may affect cost, progress, performance or
furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of
construction to be employed by Contractor and safety precautions and programs incident thereto.
417
Project No. 2010-9255
City of Cupertino 00520 - 3 Contract
Quinlan Community Center Interior Upgrades
CRW Industries, Inc.
5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface
conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of
physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical
Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor
accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the
limited extent of the information contained in such materials upon which Contractor may be entitled to rely.
Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any
other information contained in such reports and drawings.
5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations,
tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document
00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other
physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or
furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract
Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional
examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be
required by Contractor for such purposes.
5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has
discovered in or among the Contract Documents and as-built drawings and actual conditions and the written
resolution thereof through Addenda issued by City is acceptable to Contractor.
5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to
conduct business in the State of California.
5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract
Documents and the Work to be performed herein. The Contract Documents do not violate or create a default
under any instrument, contract, order or decree binding on Contractor.
5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting
Code §4100 et seq. in document 00340 (Subcontractors List)
Article 6. Contract Documents
6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications
thereto:
Document 00400 Bid Form
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00481 Non-Collusion Affidavit
Document 00482 Bidder Certifications
Document 00510 Notice of Award
Document 00520 Contract
Document 00530 Insurance Forms
Document 00550 Notice to Proceed
Document 00610 Construction Performance Bond
Document 00620 Construction Labor and Material Payment Bond
Document 00630 Guaranty
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Project No. 2010-9255
City of Cupertino 00520 - 4 Contract
Quinlan Community Center Interior Upgrades
CRW Industries, Inc.
Document 00650 Agreement and Release of Any and All Claims
Document 00660 Substitution Request Form
Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00821 Insurance
Document 00822 Apprenticeship Program
Technical Specification/Special Provisions
Addenda(s)
Drawings/Plans
6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320
(Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied
therein, are not Contract Documents. The Contract Documents may only be amended, modified or
supplemented as provided in Document 00700 (General Conditions).
Article 7. Miscellaneous
7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning
indicated therein.
7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or
acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract
Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that
liability of the City is limited and confined to such liability as authorized or imposed by the Contract
Documents or applicable law.
7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the
Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting
Code §4100 et seq.
7.4 The Contract Sum includes all allowances (if any).
7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a
public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights,
title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or
under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business
and Professions Code), arising from purchases of goods, services or materials pursuant to the public works
contract or the subcontract. This assignment shall be made and become effective at the time City tenders final
payment to Contractor, without further acknowledgment by the parties.
7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed
to execute the Contract, as determined by Director of the State of California Department of Industrial Relations,
are deemed included in the Contract Documents and on file at City’s office, or may be obtained of the State of
California web site http://www.dir.ca.gov/DLSR/PWD/Northern.html and shall be made available to any
interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware
of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and
Contractor shall comply with such provisions before commencing the performance of the Work of the Contract
Documents.
7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required
herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts,
terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or
affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be
waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid
419
Project No. 2010-9255
City of Cupertino 00520 - 5 Contract
Quinlan Community Center Interior Upgrades
CRW Industries, Inc.
and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable
law. In the event any provision not otherwise included in the Contract Documents is required to be included by
any applicable law, that provision is deemed included herein by this reference(or, if such provision is required
to be included in any particular portion of the Contract Documents, that provision is deemed included in that
portion).
7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa
Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The
exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby
waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action
or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims
Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division
3.6, Part 3, Chapter 5.
420
Project No. 2010-9255
City of Cupertino 00520 - 6 Contract
Quinlan Community Center Interior Upgrades
CRW Industries, Inc.
IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year
first above written.
QUINLAN COMMUNITY CENTER INTERIOR UPGRADES
CITY: CONTRACTOR:
CITY OF CUPERTINO, a Municipal Corporation of the
State of California
CRW Industries, Inc.
By:
[Signature]
Attest:
[Please print name here]
City Clerk: Grace Schmidt
Approved as to form by City Attorney: Title:
______________________________________________
[If Corporation: Chairman , President, or Vice President]
City Attorney: Carol Korade By:
I hereby certify, under penalty of perjury, that David Brandt,
City Manager of the City of Cupertino was duly authorized
to execute this document on behalf of the City of Cupertino.
[Signature]
[Please print name here]
Title:
[If Corporation: Secretary, Assistant Secretary,
Chief Financial Officer, or Assistant Treasurer]
Dated:
_____________________________
David Brandt, City Manager of the City of Cupertino, a
Municipal Corporation of the State of California
________________________________________________
State Contractor’s License No. Classification
________________________________________________
Expiration Date
Designated Representative: Taxpayer ID No._________________________________
Name: Timm Borden Name:
Title: Director of Public Works Title:
Address: 10300 Torre Ave., Cupertino, CA 95014 Address: 5346 Scotts Valley Dr., Suite E, Scotts Valley,
CA 95066
Phone: 408-777-3354 Phone: (831) 426-0743
Facsimile: 408-777-3333 Facsimile: (831) 466-9597
AMOUNT: $ 288,242
ACCOUNT NUMBER:580-9255-9300
FILE NO.: 92,022.09
NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A
CORPORATION, CORPORATE SEAL AND CORPORATE
NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE
REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY
NO. IS REQUIRED
END OF DOCUMENT
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0178 Name:
Status:Type:Second Reading of
Ordinances
Agenda Ready
File created:In control:5/19/2014 City Council
On agenda:Final action:12/16/2014
Title:Subject: Conduct Second Reading and Enact Amendments to the Zoning Map and Municipal Code to
conform to the General Plan and Housing Element Amendments, as well as text changes to Chapters
in Title 18 and Title 19, of the Municipal Code regarding zoning, density bonuses, below-market rate
housing, and the addition of Chapter 13 (Parkland Dedication Fee) and other clean-up to comply with
state law, consistency and to improve readability.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Ordinance No. 14-2124
B - Ordinance No. 14-2125
C - Summary of Amendments
D - Redline Chapters 19.80 and 19.144
Action ByDate Action ResultVer.
City Council12/16/20141
Subject: Conduct Second Reading and Enact Amendments to the Zoning Map and Municipal
Code to conform to the General Plan and Housing Element Amendments, as well as text
changes to Chapters in Title 18 and Title 19, of the Municipal Code regarding zoning, density
bonuses, below-market rate housing, and the addition of Chapter 13 (Parkland Dedication Fee)
and other clean-up to comply with state law, consistency and to improve readability.
Conduct the second reading and enact the following:
1.OrdinanceNo.14-2124,“AnOrdinanceoftheCityCounciloftheCityofCupertino
RezoningCertainSitesintheCityforconformancewiththeGeneralPlanandHousing
Element,” Zoning Map Amendment, Z-2013-03; and
2.Ordinance No. 14-2125, “An Ordinance of the City Council of the City of Cupertino
amending various Chapters in Title 18 and Title 19, including the amendment of the Density
Bonus Ordinance, the addition of a Chapter in Title 19 to implement policies in the General
Plan, the addition of a Chapter in Title 13 to improve readability,”Municipal Code
Amendment, MCA-2014-01.
Description:Application No(s): Z-2013-01, MCA-2014-01; Applicant(s): City of Cupertino;
Location: citywide
CITY OF CUPERTINO Printed on 12/11/2014Page 1 of 1
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: December 16, 2014
Subject
Conduct Second Reading and Enact Amendments to the Zoning Map and Municipal Code to
conform to the General Plan and Housing Element Amendments, as well as text changes to
Chapters in Title 18 and Title 19, of the Municipal Code regarding zoning, density bonuses, below-
market rate housing, and the addition of Chapter 13 (Parkland Dedication Fee) and other clean-up
to comply with state law, consistency and to improve readability.
Recommended Actions
Conduct the Second reading and enact the following:
1. Ordinance No. 14-2124, “An Ordinance of the City Council of the City of Cupertino Rezoning
Certain Sites in the City for conformance with the General Plan and Housing Element,” Zoning
Map Amendment, Z-2013-03 (Attachment A); and
2. Ordinance No. 14-2125, “An Ordinance of the City Council of the City of Cupertino amending
various Chapters in Title 18 and Title 19, including the amendment of the Density Bonus
Ordinance, the addition of a Chapter in Title 19 to implement policies in the General Plan, the
addition of a Chapter in Title 13 to improve readability,” Municipal Code Amendment, MCA-
2014-01 (see Attachment B).
Description
Application No.: Z-2013-01 and MCA-2014-01
Applicant: City of Cupertino
Property Location: City-wide
Application Summary: Second Reading and Amendments to the Zoning Map and Municipal Code
to conform to the General Plan and Housing Element Amendments, as well as text changes to
Chapters in Title 18 and Title 19, of the Municipal Code regarding zoning, density bonuses, below-
market rate housing, and the addition of Chapter 13 (Parkland Dedication Fee) and other clean-up
to comply with state law, consistency and to improve readability.
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Background
This is the second reading of two proposed Ordinances introduced on December 4, 2014. The
Ordinances are part of larger action items, including an update to the General Plan, selection of
sites for the Housing Element, consideration of heights and densities, and other zoning map and
text amendments. The December 2, 2014 Council meeting was adjourned to December 3, 2014 and
carried into the morning of December 4. During the December 4, 2014 Council meeting, Council
deferred the General Plan amendment related to development allocations, heights/building planes,
and community benefits to the first quarter of 2015 and directed staff to modify the two proposed
ordinances to be consistent with this direction.
Discussion
On December 4, 2014, the City Council conducted the first reading for the following zoning
amendments:
Ordinance No. 14-2124 related to the Zoning Map.
Ordinance No. 14-2125 regarding text amendments to the Municipal Code.
Attachment C provides a summary of the Zoning Map and Municipal Code text amendments.
Revisions to the Second Reading Attachments
There are no changes between the first and second reading for the Zoning Map Ordinance. As for
the Municipal Code Amendments, on December 4, 2014, Council directed staff to conform the
proposed Ordinances to be consistent with its action on the Housing Element, to require that Vallco
have a specific plan, and defer the Community Benefits program. As a result, the following two
revisions are being recommended to Ordinance No. 14-2125 related to the Municipal Code:
o Revision to Chapter 19.80 Planned Development zones to improve clarity and conform to
the General Plan regarding permitted and conditional residential uses for those sites
identified in the Housing Element and on mixed-use residential sites. This revision also
excludes a site for which a Specific Plan is required, to address Vallco.
o Chapter 19.144 Development Agreements – revised language related to Community Benefits
to add a placeholder and removed specifics, to reflect the Council decision on the General
Plan;
The redlined version showing revisions to these Chapters is provided in Attachment D.
ENVIRONMENTAL IMPACT REPORT (EIR)
The proposed ordinance changes are within the scope of the Environmental Impact Report certified
on December 4, 2014, and no further environmental review is required.
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NEXT STEPS
The Ordinances will go into effect 30 days after the second reading.
____________________________________________________________________________
Prepared by: Rebecca Tolentino, Senior Planner
Reviewed by: Gary Chao, Assistant Director of Community Development
Approved for Submission by: Aarti Shrivastava, Assistant City Manager
Attachments:
A. Draft Ordinance 14-2124 to approve Zoning Map Amendments (Z-2013-03)
B. Draft Ordinance 14-2125 to approve Municipal Code Amendments (MCA-2014-01)
C. Summary of Zoning Map and Municipal Code Amendments
D. Municipal Code Amendments (MCA-2014-01) – Redlined version of amended Chapters 19.80
and 19.144
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Attachment B
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ORDINANCE NO. 14-2125
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING VARIOUS CHAPTERS IN TITLE 18 AND TITLE 19, INCLUDING THE
AMENDMENT OF THE DENSITY BONUS ORDINANCE,THE ADDITION OF A
CHAPTER IN TITLE 19 TO IMPLEMENT POLICIES IN THE GENERAL PLAN, THE
ADDITION OF A CHAPTER IN TITLE 13 TO IMPROVE READABILITY
WHEREAS, pursuant to State Planning and Zoning Law, the City Council has directed staff to
make zoning amendments to be consistent with the General Plan, to implement policies
included in the City's General Plan, and to ensure consistency among the City's policies and
ordinances; and
WHEREAS, the proposed municipal text amendments are consistent with the policies and uses
shown in the City’s General Plan; and
WHEREAS, the Municipal Code Amendment application is part of the General Plan
Amendment, Housing Element Update and Associated Rezoning, all as fully described and
analyzed in the June 2014 General Plan Amendment, Housing Element Update, and Associated
Rezoning Project Environmental Impact Report (“Draft EIR”) (State Clearinghouse No.
2014032007), as amended by text revisions in the August 2014 General Plan Amendment,
Housing Element Update and Associated Rezoning Project EIR Response to Comments
Document (“Response to Comments Document”) and the Supplemental Text Revisions
(together, the “Final EIR”); and
WHEREAS, the Final EIR was presented to the Planning Commission on September 9, 2014 at a
Planning Commission Study Session; and
WHEREAS, the Final EIR was presented to the City Council on October 7, 2014 at a City
Council Study Session; and
WHEREAS, the necessary public notices have been given as required by the procedural
ordinances of the City of Cupertino and the Government Code, and the Planning Commission
held public hearings on October 14, 2014 and October 20, 2014 to consider the project; and
WHEREAS, on October 20, 2014, the Planning Commission recommended on a 4-0-1 (Takahashi
absent) vote that the City Council certify that the Final EIR has been completed in compliance
with the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and
reflects the independent judgment and analysis of the City, adopt the Findings and Statement of
Overriding Considerations, adopt the Mitigation Measures. and adopt the Mitigation
Monitoring and Reporting Program, in substantially similar form to the Resolution presented
(Resolution no. 6760); adopt the General Plan Amendment (GPA-2013-01) (Resolution no. 6761);
authorize staff to forward the Draft Housing Element to the State Department of Housing and
Community Development for review (GPA-2013-02); approve the prioritized list of potential
Housing Element sites in the event amendments are needed to the proposed Housing Element
sites upon HCD review (Resolution no. 6762); approve the Zoning Map Amendments, Z-2013-
03, in substantially similar form to the Resolution presented (Resolution no. 6763); approve the
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Municipal Code Amendments to make changes to conform to the General Plan and Housing
Element and other clean up text edits (MCA-2014-01) (Resolution no. 6764); approve the Specific
Plan Amendments, SPA-2014-01, in substantially similar form to the Resolution presented
(Resolution no. 6765); and
WHEREAS, on November 10, 2014, public comment was collected on the project;
WHEREAS, on December 2, 2014, the City Council held a duly noticed public hearing that was
continued to December 3, 2014 and adjourned on December 4, 2014 to consider these proposed
amendments to the Municipal Code; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for this
Ordinance;
WHEREAS, after consideration of evidence contained in the entire administrative record, at the
public hearing commencing on December 2, and continuing on December 3 and December 4,
2014, the City Council adopted Resolution No. 14-210 certifying the Final EIR, adopting
Findings and a Statement of Overriding Considerations, adopting Mitigation Measures, and
adopting a Mitigation Monitoring and Reporting Program.
WHEREAS, prior to taking action on this Ordinance, the City Council has exercised its
independent judgment in carefully considering the information in the final EIR and finds that
this Ordinance falls within the scope of the certified Final EIR, in that all amendments proposed
in this Ordinance that have the potential for resulting in either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment have been
examined in the Final EIR and therefore, no recirculation of the Final EIR is required; and
WHEREAS, it is the intent of the City Council, in enacting this Ordinance to make text
amendments to improve conformity with State Law, improve readability, consistency and
eliminate redundancies.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN
AS FOLLOWS:
Section 1. Title 13 of the Cupertino Municipal Code is hereby amended to include Chapter
13.08, Parkland Dedication, to be numbered and entitled to read as shown in
Attachment I, which is incorporated herein by reference as part of this ordinance
Section 2. Chapter 18.24 of Title 18 of the Cupertino Municipal Code is hereby amended to
read as shown in Attachment II, which is incorporated herein by reference as
part of this ordinance.
Section 3. Chapter 19.08 of Title 19 of the Cupertino Municipal Code is hereby amended to
read as shown in Attachment III, which is incorporated herein by reference as
part of this ordinance.
Section 4. Chapter 19.12 of Title 19 of the Cupertino Municipal Code is hereby amended to
read as shown in Attachment IV, which is incorporated herein by reference as
part of this ordinance.
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Section 5. Chapter 19.20 of Title 19 of the Cupertino Municipal Code is hereby amended to
read as shown in Attachment V, which is incorporated herein by reference as
part of this ordinance.
Section 6. Chapter 19.56 of Title 19 of the Cupertino Municipal Code is hereby amended to
read as shown in Attachment VI, which is incorporated herein by reference as
part of this ordinance.
Section 7. Chapter 19.76 of Title 19 of the Cupertino Municipal Code is hereby amended to
read as shown in Attachment VII, which is incorporated herein by reference as
part of this ordinance.
Section 8. Chapter 19.80 of Title 19 of the Cupertino Municipal Code is hereby amended to
read as shown in Attachment VIII, which is incorporated herein by reference as
part of this ordinance.
Section 9. Chapter 19.84 of Title 19 of the Cupertino Municipal Code is hereby amended to
read as shown in Attachment IX, which is incorporated herein by reference as
part of this ordinance.
Section 10. Chapter 19.144 of Title 19 of the Cupertino Municipal Code is hereby amended to
read as shown in Attachment X, which is incorporated herein by reference as
part of this ordinance.
Section 11. Title 19 of the Cupertino Municipal Code is hereby amended to include Chapter
19.172, Below Market Rate Housing Program, to be numbered and entitled to
read as shown in Attachment XI, which is incorporated herein by reference as
part of this ordinance.
Section 12. Severability.
Should any provision of this Ordinance, or its application to any person or circumstance, be
determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise
void, that determination shall have no effect on any other provision of this Ordinance or the
application of this Ordinance to any other person or circumstance and, to that end, the
provisions hereof are severable. The City Council declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective
of the fact that any one or more sections, subsection, sentence clause, phrases or portions be
declared valid or unconstitutional.
Section 13. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days from and after adoption a s
provided by Government Code Section 36937.
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Section 14. Certification.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice
of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of
this Ordinance may be published and posted in lieu of publication and posting of the entire
text.
Section 15. Continuity.
To the extent the provisions of this Ordinance are substantially the same as previous provisions
of the Cupertino Municipal Code, these provisions shall be construed as continuations of those
provisions and not as amendments of the earlier provisions.
INTRODUCED at a regular meeting of the Cupertino City Council the 4th day of December,
2014 and ENACTED at a regular meeting of the Cupertino City Council on this 16th day of
December 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Grace Schmidt, City Clerk Mayor, City of Cupertino
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ATTACHMENT I
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CHAPTER 13.08 PARK LAND DEDICATION/FEE
Section
13.08.010 Purpose.
13.08.020 Definitions
13.08.030 Applicability.
.
13.08.050 Parkland Dedication.
Density
(DU/acre)
Average number of
persons/DU
Average Parkland
Dedication/DU (in acres)
0—5 3.5 .0105
5—10 2.0 .0060
10—20 2.0 .0060
20 + 1.8 .0054
10 + 1.8 .0054
Senior Citizen Housing
Development 1.0 .0030
13.08.060 Fees in Lieu of Parkland Dedication.
13.08.070 Combination of Parkland Dedication and Fee.
13.08.080 Credit for Private Recreation or Open Space.
18.24.090 Credit for Existing Dwelling Units.
13.08.100 General Procedures.
13.08.010 Purpose.
The purpose of this Chapter is to regulate, in the public interest, convenience, health, welfare
and safety, the provision of park and recreational facilities upon development for which
dedication of land and/or payment of a fee is required in accordance with the open space and
conservation element of the adopted General Plan of the City of Cupertino, and any
amendments.
13.08.020 Definitions
“Dwelling unit” or “unit” means a room or group of rooms including living, sleeping, eating,
cooking and sanitation facilities, constituting a separate and independent housekeeping unit,
occupied or intended for occupancy on a non-transient basis and having not more than one
kitchen.
13.08.030 Applicability.
Upon development of a new dwelling unit, at the option of the City, a parkland dedication, or a
payment of a fee in lieu thereof, or both, shall be required.
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13.08.050 Parkland Dedication.
A. Where the City determines that a park or recreational facility is to be located in whole or in
part within the proposed development, land sufficient in topography and size shall be
dedicated per the formula below.
Parkland dedication/DU =
(Average number of persons/DU) x (Park Acreage Standard)
1000 persons
B. The Park Acreage Standard is three acres of property for each one thousand persons.
C. Parkland dedication based on development density: Table 13.08.050 indicates the average
parkland dedication required per dwelling unit based on development density per the
formula above (13.08.050.A).
Table 13.08.050: Park Land Dedication Formula Table
Density
(DU/acre)
Average number of
persons/DU
Average Parkland
Dedication/DU (in acres)
0—5 3.5 .0105
5—10 2.0 .0060
10—20 2.0 .0060
20 + 1.8 .0054
10 + 1.8 .0054
Senior Citizen Housing
Development 1.0 .0030
13.08.060 Fees in Lieu of Parkland Dedication.
A. General Standard.
1. If the City determines that a parkland dedication is not required, a fee shall be paid in
lieu thereof.
2. Fees in Lieu of Land–Fifty units or Less. If a proposed development contains fifty units
or less, a fee in lieu of parkland dedication shall be paid, unless dedication is deemed
appropriate and in the public interest by the City.
B. Amount. The amount of the fee shall be equal to the fair market value of the land prescribed
for dedication pursuant to Section 13.08.050. The fee shall be calculated as follows:
In lieu fee = ((Average Parkland Dedication/DU)*(Net new dwelling units)*(Fair Market
Value of land/acre))
C. Fair Market Value of land per acre. The Department of Public Works shall establish the fair
market value of land within the City and update the value on an annual basis in the City’s
Fee Schedule. The fair market value shall be determined by reference to comparable land
within the City. As used herein, the term “comparable” means land of similar size and
development potential as the land which would otherwise be dedicated.
D. Use of Money. The money collected shall be paid to the Treasurer of the City or his or her
authorized agent. Such money shall be placed in a special revenue fund which shall be
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known as the “park dedication in-lieu fee fund” and shall be used for all purposes allowed
by State Law.
13.08.070 Combination of Parkland Dedication and Fee.
A. The City shall determine whether it accepts parkland dedication, elects to require payment
of a fee in lieu, or a combination of both a parkland dedication and a fee in lieu, upon
consideration of the following:
1. Topography, geology, access and location of land in the development available for
dedication;
2. Size and shape of the development and land available for dedication;
3. Feasibility of dedication;
4. Availability of previously acquired park property.
B. The determination of the City as to whether land shall be dedicated, or whether a fee shall
be charged, or a combination thereof, shall be final and conclusive.
13.08.080 Credit for Private Recreation or Open Space.
A. Where private open space for park and recreational purposes is provided in a proposed
development, fifty percent credit shall be given against the requirement of land dedication
or payment of fees in lieu thereof, if the approval authority finds that it is in the public
interest to do so and that all the standards in Section 13.08.080 B, below are met and findings
in Section 13.08.080C can be made.
B. That the open space for which credit is given complies with the following standards:
1. The total usable open space acreage for the development must be equivalent to the
parkland dedication calculated pursuant to Section 13.08.050.
2. The open space must contain the mandatory elements and at least four of the six
optional elements indicated in Table 13.08.080 below and meet the following criteria:
a. The combined minimum acreage for a facility with a recreation center and children’s
play apparatus area is 1.3 acres.
b. The minimum combined acreage for a facility not including a recreation center or
children’s play area is 1.5 acres.
Table 13.08.080 – Mandatory and Optional Elements for private open space
Minimum
Acreage
Mandatory Element
Turfed playfield
The playfield shall be a single unit of land which is generally level and
free of physical barriers which would inhibit group play activities.
.50
Optional Elements
Children’s play apparatus area .15
Recreational community gardens .25
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Family picnic area .25
Game court area .25
Swim pool (42’ x 75’ with adjacent deck and lawn areas) .25
Recreation center buildings and grounds .15
C. The approval authority may grant park credit for a combination of the above elements or a
combination of the above elements and other recreation improvements that will meet the
specific recreation needs of a specialized housing development, such as a senior housing
development, with occupancy controlled via a covenant with the City named as a third
party beneficiary.
D. Findings. The approval authority shall adopt the following written findings and shall
require the recordation of covenants running with the land to ensure that credited elements
are maintained, before credit is given:
1. That yards, court areas, setbacks, decorative landscape areas normally associated with
residential site design and other areas required to remain free and clear by zoning and
building ordinances and regulations shall not be included in the computation of such
private open space;
2. That such space is to be wholly or partially owned and maintained by the future
residents of the development and that the private ownership and maintenance of the
open space is adequately provided for by recorded written agreement, conveyance or
restrictions;
3. That the use of the private open space is restricted for park and recreational purposes by
recorded covenant, which runs with the land in favor of the future owners of property
and which cannot be eliminated without the consent of the City or its successor;
4. That the proposed private open space is reasonably adaptable for use for park and
recreational purposes, taking into consideration such factors as size, shape, topography,
geology, access and location;
5. That the facilities proposed for private recreation or open space are in substantial
conformance with General Plan policies.
18.24.090 Credit for Existing Dwelling Units.
When dwelling units exist on the property where development is proposed, a credit shall be
given against the requirement of land dedication or payment of fees in lieu thereof for the
number of units existing. As used herein, the term “existing” refers to units which exist at the
time of approval of the dwelling units or which were demolished within one year prior to the
submittal of an application for development of the dwelling units.
13.08.100 General Procedures.
A. At the time of approval of the dwelling units, the approval authority shall determine
whether a parkland dedication or a fee in lieu thereof is required unless a parkland
dedication or fee has already been provided.
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B. At the time of building permit application, land shall be dedicated to the City or the fee in
lieu thereof shall be paid.
C. Open space covenants for private park or recreational facilities shall be submitted to the
City prior to approval of the building permits and shall be recorded simultaneously with
the issuance of final occupancy.
D. If parkland dedication is required, the design of the park shall be reviewed and approved
and construction shall be completed prior to occupancy of the development.
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ATTACHMENT II
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CHAPTER 18.24: DEDICATIONS AND RESERVATIONS
Section
Article I. Dedication of Streets, Alleys, Rights-of-Way and Easements.
18.24.010 Dedication of Streets, Alleys, and Other Public Rights-of-way or Easements.
Article II. Park Land Dedication.
18.24.020 Purpose.
18.24.030 Requirements.
18.24.040 General Standard.
18.24.050 Dedication of Land.
18.24.060 Fees in Lieu of Park Land Dedication.
18.24.070 Amount of Fee in Lieu of Park Land Dedication.
18.24.080 Subdividers Not Within General Plan.
18.24.090 Determination of Land or Fee.
18.24.100 Credit for Private Recreation or Open Space.
18.24.110 Credit for Existing Residential Units.
18.24.120 Procedure.
18.24.130 Commencement of Development.
Article III. School Site Dedication.
18.24.140 General.
18.24.150 Procedure.
18.24.160 Payments to Subdivider for School Site Dedication.
18.24.170 Exemptions.
Article IV. Reservations.
18.24.180 General.
18.24.190 Standards for Reservation of Land.
18.24.200 Procedure.
18.24.210 Payment to Subdivider.
18.24.220 Termination.
Article V. Waiver of Direct Street Access.
18.24.230 Waiver of Direct Street Access.
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Article I. Dedication of Streets, Alleys, Rights-of-Way and Easements.
18.24.010 Dedication of Streets, Alleys, and Other Public Rights-of-way or Easements.
A. As a condition of approval of a final map or parcel map, the subdivider shall dedicate or
make an irrevocable offer of dedication of all parcels of land within the subdivision that are
needed for streets and alleys, including access rights and abutters’ rights; drainage; public
utility easements; bicycle paths, transit facilities, solar access easements, park land, fire
stations, libraries, access to public resources and other public easements as required.
B. Improvements shall be in accordance with Chapter 18.32, Subdivision Improvements, of this
title.
Article II. Park Land Dedication.
18.24.020 Purpose.
This section is enacted pursuant to the authority granted by the Government Code. The park
and recreational facilities for which dedication of land and/or payment of a fee is required by
this chapter are in accordance with the open space and conservation element of the adopted
General Plan of the City of Cupertino, and any amendments.
18.24.030 Requirements.
A. As a condition of approval of a final subdivision map or parcel map, the subdivider shall
dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for park or
recreational purposes at the time and according to the standards and formula contained in
this chapter.
B. The provisions of this chapter are not applicable to the following land use categories:
1. Commercial or industrial subdivisions;
2. Condominium conversion projects or stock cooperatives which consist of the
subdivision of air space in an existing apartment building which is more than five years
old when no new dwelling units are added;
3. Convalescent hospitals and similar dependent care facilities.
18.24.040 General Standard.
The Parkland Dedication standard shall be as identified in the City’s General Plan and Chapter
13.08.
18.24.050 Dedication of Land.
A. Where a park or recreational facility has been designated in the open space and
conservation element of the General Plan of the City, and is to be located in whole or in part
within the proposed subdivision to serve the immediate and future need of the residents of
the subdivision, the subdivider shall dedicate land for a local park sufficient in size and
topography to serve the residents of the subdivision.
B. The formula for determining acreage to be dedicated shall be pursuant to Section 13.08.050.
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18.24.060 Fees in Lieu of Land Dedication.
A. General Formula. If there is no park or recreation facility designated in the open space and
conservation element of the General Plan to be located in whole or in part within the
proposed subdivision to serve the immediate and future needs of the residents of the
subdivision, the subdivider shall, in lieu of dedicating land, pay a fee pursuant to the
formula in Section 13.08.060.
B. Fees in Lieu of Land–Fifty Parcels or Less. If the proposed subdivision contains fifty parcels
or less, the subdivider shall pay a fee in lieu of dedication, unless dedication is deemed
appropriate and in the public interest by the City. .
C. Fair Market Value of land per acre. The Fair Market Value of land per acre shall be
established pursuant to Section 13.08.050C.
D. Use of Money. The money collected shall be paid and used pursuant to Section 13.08.060D.
18.24.070 Criteria for Requiring Both Dedication and Fee.
In subdivisions of over fifty parcels, the subdivider shall both dedicate land and pay a fee in
lieu thereof in accordance with the following formula:
A. When only a portion of the land to be subdivided is proposed in the open space and
conservation element of the General Plan as the site for a local park, the portion shall be
dedicated for local park purposes and a fee computed pursuant to the provisions of Section
18.24.060, shall be paid for any additional land that would have been required to be
dedicated pursuant to Section 18.24.050, Dedication of Land.
B. When a major part of the local park or recreational site has already been acquired by the
City and only a small portion of land is needed from the subdivision to complete the site,
the remaining portion shall be dedicated and a fee computed pursuant to the provisions of
Section 18.24.060, shall be paid in an amount equal to the value of the land which would
otherwise have been required to be dedicated pursuant to Section 18.24.050, Dedication of
Land, the fees to be used for the improvement of the existing park and recreational facility
or for the improvement of other local parks and recreational facilities in the area serving the
subdivision.
18.24.080 Subdividers Not Within General Plan.
Where the proposed subdivision lies within an area not included but to be included within the
City’s General Plan, the subdivider shall dedicate land, pay a fee in lieu, or both, in accordance
with the adopted park and recreational principles and standards of the City’s General Plan and
in accordance with the provisions of this chapter.
18.24.090 Determination of Land or Fee.
A. If the relationship between a proposed subdivision containing fifty parcels or more and the
open space and conservation element is unclear, the City Council shall determine whether it
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accepts land dedication or elects to require payment of a fee, by consideration of the
standards identified in Section 13.08.070.
B. The determination of the City as to whether land shall be dedicated, or whether a fee shall
be charged, or a combination thereof, shall be final and conclusive.
18.24.100 Credit for Private Recreation or Open Space.
Where private open space for park and recreational purposes is provided in a proposed
subdivision, a credit shall be given against the requirement of land dedication or payment of
fees in lieu thereof, pursuant to requirements of Section 13.08.080.
18.24.110 Credit for Existing Residential Units.
Where any lot or lots of a proposed subdivision contains existing residential units, a credit shall
be given against the requirement of land dedication or payment of fees in lieu thereof for each
lot which contains residential unit or units. As used herein, the term “existing” refers to a
residential unit or units which exist at the time of the recordation of a final map or which were
demolished within one year prior of the tentative map application.
18.24.120 Procedure.
A. At the time of approval of the tentative subdivision map, the City Council shall determine
pursuant to Section 18.24.100 the land to be dedicated and/or fees to be paid by the
subdivider.
B. At the time of the filing of the final subdivision map, the subdivider shall dedicate the
land/or pay the fees as previously determined by the City Council.
C. Open space covenants for private park or recreational facilities shall be submitted to the
City prior to approval of the final subdivision map and shall be recorded simultaneously
with the final subdivision map.
18.24.130 Commencement of Development.
At the time of approval of the final subdivision map, the City Council shall specify when
development of the park or recreational facilities shall be commenced.
Article III. School Site Dedication.
18.24.140 General.
Unless otherwise prohibited by law, as a condition of approval of a final subdivision map, a
subdivider who develops or completes the development of one or more subdivisions within a
school district shall dedicate to the school district such lands as the City Council shall deem to
be necessary for the purpose of constructing thereon schools necessary to assure the residents of
the subdivision adequate elementary school service.
18.24.150 Procedure.
The requirement of dedication shall be imposed at the time of approval of the tentative map. If
within thirty days after the requirement of dedication is imposed by the City the school district
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does not offer to enter into a binding commitment with the subdivider to accept the dedication,
the requirement shall be automatically terminated. The required dedication may be made any
time before, concurrently with, or up to sixty days after the filing of the final map on any
portion of the subdivision.
18.24.160 Payments to Subdivider for School Site Dedication.
The school district shall, if it accepts the dedication, repay to the subdivider or his or her
successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total
of the following amounts:
A. The cost of any improvements to the dedicated land since acquisition by the subdivider;
B. The taxes assessed against the dedicated land from the date of the school district’s offer to
enter into the binding commitment to accept the dedication;
C. Any other costs incurred by the subdivider in maintenance of such dedicated land,
including interest costs incurred on any loan covering such land.
18.24.170 Exemptions.
The provisions of this article shall not be applicable to a subdivider who has owned the land
being subdivided for more than ten years prior to the filing of the tentative maps.
Article IV. Reservations.
18.24.180 General.
As a condition of approval of a map, the subdivider shall reserve sites, appropriate in area and
location, for parks, recreational facilities, fire stations, libraries or other public uses according to
the standards and formula contained in this article.
18.24.190 Standards for Reservation of Land.
Where a park, recreational facility, fire station, library, or other public use is shown on an
adopted specific plan or adopted general plan containing a community facilities element,
recreation and parks element and/or a public building element, the subdivider may be required
by the City to reserve sites as so determined by the City or County in accordance with the
definite principles and standards contained in the above specific plan or General Plan. The
reserved area must be of such size and shape as to permit the balance of the property within
which the reservation is located to develop in an orderly and efficient manner. The amount of
land to be reserved shall not make development of the remaining land held by the subdivider
economically unfeasible. The reserved area shall conform to the adopted specific plan or
General Plan and shall be in such multiples of streets and parcels as to permit an efficient
division of the reserved area in the event that it is not acquired within the prescribed period.
18.24.200 Procedure.
The public agency for whose benefit an area has been reserved shall, at the time of approval of
the final map or parcel map, enter into a binding agreement to acquire reserved area within two
years after the completion and acceptance of all improvements, unless the period of time is
extended by mutual agreement.
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18.24.210 Payment to Subdivider.
The purchase price shall be the market value at the time of the filing of the tentative map plus
the taxes against such reserved area from the date of the reservation and any other costs
incurred by the subdivider in the maintenance of the reserved area, including interest costs
incurred on any loan covering the reserved area.
18.24.220 Termination.
If the public agency for whose benefit an area has been reserved does not enter into a binding
agreement, the reservation of the area shall automatically terminate.
Article V. Waiver of Direct Street Access.
18.24.230 Waiver of Direct Street Access.
A. The City may require as a condition of approval of any subdivision the waiver of direct
access rights to proposed or existing streets from any property within the subdivision and
abutting thereon.
B. Any waiver shall become effective in accordance with its provisions and shall be contained
in the owner’s certificate of the final map or parcel map.
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CHAPTER 19.08: DEFINITIONS
Section
19.08.010 Purpose and Applicability.
19.08.020 General Rules for Construction of Language.
19.08.030 Definitions.
19.08.010 Purpose and Applicability.
The purpose of this chapter is to promote consistency and precision in the interpretation of
zoning regulations. The meaning and construction of words and phrases defined in this chapter
shall apply throughout the zoning regulations, except where the context of such word or
phrases clearly indicates a different meaning or construction.
19.08.020 General Rules for Construction of Language.
The following general rules of construction shall apply to the text of the zoning regulations:
A. The particular shall control the general.
B. In case of any difference of meaning or implication between the text of any provision and
any caption or illustration, the text shall control.
C. The word “shall” is always mandatory and not discretionary. The word “may” is
discretionary.
D. References in the masculine and feminine genders are interchangeable.
E. Words used in the singular include the plural, and the plural includes the singular, unless
the context clearly indicates the contrary.
F. The words “activities” and “facilities” include any part thereof.
G. Unless the context clearly indicates to the contrary, the following conjunctions shall be
interpreted as follows:
1. “And” indicates that all connected items or provisions shall apply;
2. “Or” indicates that the connected items or provisions may apply singly or in any
combination;
3. “Either . . . or” indicates that the connected items or provisions shall apply singly but not
in combination.
H. The words “lot” and “parcel” are interchangeable.
I. The word “building” includes the word “structure.”
J. All public officials, bodies, and agencies to which reference is made are those of the City
unless otherwise indicated.
K. “City” means the City of Cupertino.
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19.08.030 Definitions.
Throughout this title the following words and phrases shall have the meanings ascribed in this
section.
A. “A” Definitions:
“Abandon” means to cease or discontinue a use or activity without intent to resume, but
excluding temporary or short-term interruptions to a use or activity during periods of
remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal
periods of vacation or seasonal closure.
“Abutting” means having property or district lines in common.
“Accessory building” means a building which is incidental to and customarily associated with a
specific principal use or facility and which meets the applicable conditions set forth in Chapter
19.100, Accessory Buildings/Structures.
“Accessory structure” means a subordinate structure, the use of which is purely incidental to
that of the main building and which shall not contain living or sleeping quarters. Examples
include a deck, tennis courts, trellis or car shelter. Fences eight feet or less are excluded.
“Addition” means any construction which increases the size of a building or facility in terms of
site coverage, height, length, width, or gross floor area ratio.
“Adjacent property” means property that abuts the subject property, including property whose
only contiguity to the subject site is a single point and property directly opposite the subject
property and located across a street.
“Adult bookstore” means a building or portion thereof used by an establishment having as a
substantial or significant portion of its stock in trade for sale to the public or certain members
thereof, books, magazines, and other publications which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to “specified sexual activities” or
“specified anatomical areas,” as hereinafter defined.
“Adult cabaret” means a building or portion thereof used for dancing purposes thereof or area
used for presentation or exhibition or featuring of topless or bottomless dancers, strippers, male
or female impersonators or similar entertainers, for observations by patrons or customers.
“Adult motion picture theater” means a building or portion thereof or area, open or enclosed,
used for the presentation of motion pictures distinguished or characterized by an emphasis on
matter depicting, describing or relating to “specified sexual activities” or “specified anatomical
areas,” as hereinafter defined, for observation by patrons or customers.
“Advertising statuary” means a structure or device of any kind or character for outdoor
advertising purposes which displays or promotes a particular product or service, but without
name identification.
“Aerial” means a stationary transmitting and/or receiving wireless communication device
consisting of one or any combination of the elements listed below:
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1. “Antenna” means a horizontal or vertical element or array, panel or dish that may be
attached to a mast or a tower for the purpose of transmitting or receiving radio or
microwave frequency signals.
2. “Mast” means a vertical element consisting of a tube or rod which supports an antenna.
3. “Tower” means a vertical framework of cross elements which supports either an antenna,
mast or both.
4. “Guy wires” means wires necessary to insure the safety and stability of an antenna, mast or
both. “Affordable units” means housing units in which the rent does not exceed thirty
percent of the HUD income limits for lower and very low income households for the Santa
Clara County Metropolitan Statistical Area, adjusted for household size.
“Affordable housing cost” means the amount set forth in the Health and Safety Code Section
50052.5, as may be amended.
“Affordable rent” means the amount set forth in the Health and Safety Code Section 50053, as
may be amended.
“Agriculture” means the tilling of the soil, the raising of crops, horticulture, agriculture,
livestock farming, dairying, or animal husbandry, including slaughterhouses, fertilizer yards,
bone yard, or plants for the reduction of animal matter or any other similar use.
“Alley” means a public or private vehicular way less than thirty feet in width affording a
secondary means of vehicular access to abutting property.
“Alteration”, for purposes of the Sign Ordinance, means any permanent change to a sign.
“Alteration” means any construction or physical change in the arrangement of rooms or the
supporting members of a building or structure, or change in the relative position of buildings or
structures on a site, or substantial change in appearances of any building or structure.
1. “Incidental alteration” means any alteration to interior partitions or interior supporting
members of a structure which does not increase the structural strength of the structure; any
alteration to electrical, plumbing, heating, air conditioning, ventilating, or other utility
services, fixtures, or appliances; any addition, closing, or change in size of doors or
windows in the exterior walls; or any replacement of a building facade which does not
increase the structural strength of the structure.
2. “Structural alteration” means any alteration not deemed an incidental alteration.
“Amusement park” means a commercial facility which supplies various forms of indoor and
outdoor entertainment and refreshments.
Animal:
1. Animal, Adult. “Adult animal” means any animal four months of age or older.
2. Animal, Large. “Large animal” means any equine, bovine, sheep, goat or swine or similar
domestic or wild animal, as determined by the Planning Commission.
3. Animal, Small. “Small animal” means animals which are commonly found in single-family
residential areas such as chickens, ducks, geese, rabbits, dogs, cats, etc.
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“Animal care” means a use providing grooming, housing, medical care, or other services to
animals, including veterinary services, animal hospitals, overnight or short-term boarding
ancillary to veterinary care, indoor or outdoor kennels, and similar services.
“Apartment” means a room or a suite of two or more rooms which is designed for, intended
for, and occupied by one family doing its cooking there.
“Apartment house” means a building designed and used to house three or more families, living
independently of each other.
“Apartment project” means a rental housing development consisting of two or more dwelling
units.
“Approval Body” means the Director of Community Development and his/her designee, the
Planning Commission or City Council depending upon context.
“Architectural feature” means any part or appurtenance of a building or structure which is not
a portion of the living area of the building or structure. Examples include: cornices, canopies,
eaves, awnings, fireplaces, or projecting window elements. Patio covers or any projection of the
floor area shall not constitute an architectural projection.
“Architectural projection,” for purposes of the Sign Ordinance, means any permanent extension
from the structure of a building, including the likes of canopies, awnings and fascia.
“Atrium” means a courtyard completely enclosed by walls and/or fences.
“Attic” means an area between the ceiling and roof of a structure, which is unconditioned (not
heated or cooled) and uninhabitable.
“Automotive service station” means a use providing gasoline, oil, tires, small parts and
accessories, and services incidental thereto, for automobiles, light trucks, and similar motor
vehicles. Automotive maintenance and repair (minor) may be conducted on the site. The sale
of food or grocery items on the same site is prohibited except for soft drinks and snack foods,
either from automatic vending machines or from shelves. The sale of alcoholic beverages on the
site is governed by Chapter 19.132, Concurrent Sale of Alcoholic Beverages and Gasoline.
“Automotive repair and maintenance (minor)” means the supplying of routine automotive
services such as lubrication, engine tune-ups, smog certificates, servicing of tires, brakes,
batteries and similar accessories, and minor repairs involving engine accessories. Any repair
which requires the engine, drive train, transmission assembly, exhaust system, or drive train
parts to be removed from a motor vehicle or requires the removal of internal parts shall not be
considered minor. Body and paint shop operations are not minor repairs or maintenance.
“Average slope” means the ratio between vertical and horizontal distance expressed in percent;
the mathematical expression is based upon the formula described below:
S =
I x L x 100
A
S = Average slope of ground in percent; L = Combined length in feet of all contours on parcel;
I = Contour interval in feet; A = Area of parcel in square feet.
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B. “B” Definitions:
“Banner” means a temporary display consisting of fabric, canvas, plastic or paper material
which is attached to a building, vehicle, pole or other form of support.
“Basement” means any floor below the first story in a building that is fully submerged below
grade except for lightwells required for light, ventilation and emergency egress. A basement
may have a maximum exterior wall height of two feet between natural grade and ceiling.
“Block” means any lot or group of contiguous lots bounded on all sides by streets, railroad
rights-of-way, or waterways, and not traversed by any street, railroad right-of-way or
waterway.
“Boarding house” means any building used for the renting of rooms or providing of table board
for from three to five persons, inclusive, over the age of sixteen years, who are not members of
the same family.
“Building” means any structure used or intended for supporting or sheltering any use or
occupancy when any portion of a building is completely separated from every other portion by
a “Fire Barrier” as defined by the California Building Code , then each portion shall be deemed
to be a separate building.
1. “Attached building” means buildings which are structurally connected by any structural
members or wall, excluding decks, patios or fences.
“Building coverage” means that portion of the net lot area encompassed within the outermost
wall line which defines a building enclosure.
“Building frontage” means the length or the surface of the building wall which face s, and is
visible to the general public from, a private or public right-of-way or driveway.
“Business” or “commerce” means the purchase, sale or other transaction involving the handling
or disposition of any article, substance or commodity for profit or livelihood, including, in
addition, office buildings, offices, shops for the sale of personal services, garages, outdoor
advertising signs and structures, hotels and motels, and recreational and amusement
enterprises conducted for profit.
“Business or trade school” means a use, except a college or university, providing education or
training in business, commerce, language, or similar activity or pursuit, and not otherwise
defined as a home occupation.
C. “C” Definitions:
“Canopy” means any roof-like structure, either attached to another structure or freestanding, or
any extension of a roof line, constructed for the purpose of protection from the elements or
aesthetic purposes in connection with outdoor living.
“Car shelter” means a roofed structure or a part of a building not enclosed by walls, intended
and designed to accommodate one or more vehicles.
“Caretaker” means a person or persons employed for the purpose of protecting the principal
use of the property or structure.
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“Centerline” means the centerline as established by the County Surveyor of Santa Clara County,
the City Engineer, or by the State Division of Highways of the State of California.
“Changeable copy sign” means any sign, or portion, which provides for each manual changes to
the visible message without changing structural surfaces, including the likes of theater
marquees and gasoline service station price signs, but excluding electronic readerboard signs
and signs which display the current time or temperature.
“Change of face” means any changes to the letter style, size, color, background, or message.
“Change of use” means the replacement of an existing use by a new use, or a change in the
nature of an existing use, but not including a change in ownership, tenancy or management
where the previous nature of the use, line of business, or other function is substantially
unchanged.
“Child” means a person who is under eighteen years of age.
“Child day care facility” means a facility, licensed by the State or County, which provides non-
medical care to children in need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of the individual on less than a
twenty-four-hour basis. Child day care facility includes day care centers, employer sponsored
child-care centers and family day care homes.
“Church” means a use providing facilities for organized religious worship and religious
education incidental thereto, but excluding a private educational facility. A property tax
exemption obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of
California and Section 206 of the Revenue and Taxation Code of the State of California, or
successor legislation, constitutes prima facie evidence that such use is a church as defined in this
section.
“College” or “university” means an educational institution of higher learning which offers a
course of studies designed to culminate in the issuance of a degree or defined by Section 94110
of the Education Code of the State of California, or successor legislation.
“Collocation” means the placement of aerials and other facilities belonging to two or more
communication service providers on a single mast or building.
“Commercial recreation” means a use providing recreation, amusement, or entertainment
services, including theaters, bowling lanes, billiard parlors, skating arenas, and similar services,
operated on a private or for-profit basis, but excluding uses defined as outdoor recreation
services.
“Community center” means a place, structure, area, or other facility used for and providing
religious, fraternal, social and/or recreational programs generally open to the public and
designated to accommodate and serve a significant segment of the community.
“Commercial district,” for purposes of the Sign Ordinance, means an area of land designated
for commercial use in the current Cupertino General Plan.
“Common interest development” means the following, all definitions of which are based upon
Civil Code Section 4100 or subsequent amendments:
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1. A condominium project,
2. A community apartment project,
3. A stock cooperative, or
4. A planned development.
“Community organization” means a nonprofit organization based in the City and whose
activities benefit the City, its residents, employees, or businesses.
“Concession” means a benefit offered by the City to facilitate construction of eligible projects as
defined by the provisions of this chapter. Benefits may include, but are not limited to, priority
processing, fee deferments and waivers, granting of variances, and relaxation of otherwise
applicable permit conditions or other concessions required by law.
“Condominium conversion” or “Conversion” means a change in the type of ownership of a
parcel (or parcels) of land, together with the existing attached structures, to that defined as a
common interest development, regardless of the present or prior use of such land and
structures and whether substantial improvements have been made or are to be made to such
structure.
“Condominium project” or “project” includes the real property and any structures thereon, or
any structures to be constructed thereon, which are to be divided into condominium ownership.
“Condominium units” or “units” means the individual spaces within a condominium project
owned as individual estates.
“Congregate residence” means any building or portion which contains facilities for living,
sleeping and sanitation, as required by the California Building Code and may include facilities
for eating and cooking for occupancies other than a family. A congregate residence may be a
shelter, convent or monastery but does not include jails, hospitals, nursing homes, hotels or
lodging houses.
“Convalescent facility” means a use other than a residential care home providing inpatient
services for persons requiring medical attention, but not providing surgical or emergency
medical services.
“Convenience market” means a use or activity that includes the retail sale of food, beverages,
and small personal convenience items, including sale of food in disposable containers primarily
for off-premises consumption, and typically found in establishments with long or late hours of
operation and in relatively small buildings, but excluding delicatessens and other specialty food
shops and establishments which have a sizable assortment of fresh fruits, vegetables, and fresh-
cut meats.
“Corner triangle” means a triangular-shaped area bounded by the following, unless deemed
otherwise by the City Engineer:
1. The intersection of the tangential extension of front and street side property lines as formed
by the intersection of two public rights-of-way abutting the said property lines; and
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2. The third boundary of the triangular-shaped area shall be a line connecting the front and
side property lines at a distance of forty feet from the intersection of the tangential extension
of front and side property lines.
“Corner triangle,” for purposes of the Sign Ordinance, means a triangular-shaped area of land
adjacent to an intersection of public rights-of-way, as further defined in Cupertino Standard
Details Drawings Nos. 7-2 and 7-4. (See Appendix A, Cupertino Standard Detail 7-2; Corner
Triangle–Controlled Intersections, and B, Cupertino Standard Detail 7-4; Corner Triangle–
Uncontrolled Intersections for details.)
“Court” means an open, unoccupied space, other than a yard, on the same lot with a building or
buildings and which is bounded on two or more sides by such building or buildings, including
the open space in a house court or court apartment providing access.
“Covered parking” means a carport or garage that provides full overhead protection from the
elements with ordinary roof coverings. Canvas, lath, fiberglass and vegetation are not
ordinarily roof coverings and cannot be used in providing a covered parking space.
D. “D” Definitions:
“Day care center” means any child day care facility, licensed by the State or County, other than
a family day care home, and includes infant centers, preschools, and extended day care
facilities.
Day Care Home, Family. “Family day care home” means a home, licensed by the State or
County, which regularly provides care, protection and supervision for fourteen or fewer
children, in the provider’s own home, for periods of less than twenty-four hours per day, while
the parents or guardian are away, and includes the following:
1. “Large-family day care home,” which means a home which provides family day care for
seven to fourteen children, inclusive, including children under the age of ten years who
reside at the home, as set forth in the California Health and Safety Code Section 1597.465;
2. “Small-family day care home,” which means a home which provides family day care to
eight or fewer children, including children under the age of ten years who resides at the
home, as set forth in the California Health and Safety Code Section 1597.44.
“Decorative statuary,” for purposes of the Sign Ordinance, means any structure or device of any
kind or character placed solely for aesthetic purposes and not to promote any product or
service.
“Demonstrated safety” means a condition requiring protection from the threat of danger, harm,
or loss, including but not limited to the steepness of a roadway or driveway that may create a
hazardous parking situation in front of a gate.
“Demonstrated security” means a condition requiring protection from the potential threat of
danger, harm or loss, including but not limited to a location that is isolated and invisible from
public view or that has experienced documented burglary, theft, vandalism or trespassing
incidences.
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“Density bonus” means a density increase over the otherwise maximum allowable residential
density in accordance with the provisions of Chapter 19.56. as of the date of the project
application.
“Developer” means the owner or subdivider with a controlling proprietary interest in the
proposed common interest development, or the person or organization making application, or a
qualified applicant who has entered into a development agreement pursuant to the procedures
specified in Chapter 19.144.
“Development agreement” means a development agreement enacted by legislation between the
City and a qualified applicant pursuant to Government Code Sections 65864 through 65869.5.
"Development standard" means a site or construction regulation, including, but not limited to, a
setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that
applies to a development pursuant to any ordinance, general plan element, specific plan,
charter, or other local condition, law, policy, resolution, or regulation.
“District” means a portion of the property within the City within which certain uses of land,
premises and buildings are permitted and certain other uses of land, premises and buildings are
prohibited, and within which certain yards and other open spaces are required and certain
building site areas are established for buildings, all as set forth and specified in this title.
“Drinking establishment” means an activity that is primarily devoted to the selling of alcoholic
beverages for consumption on the premises.
“Drive-through establishment” means an activity where a portion of retailing or the provision
of service can be conducted without requiring the customer to leave his or her car.
“Driveway” means any driveway that provides direct access to a public or private street.
Driveway, Curved. “Curved driveway” means a driveway with access to the front property
line which enters the garage from the side at an angle of sixty degrees or greater to the front
curbline and which contains a functional twenty-foot-deep parking area that does not overhang
the front property line.
“Duplex” means a building, on a lot under one ownership, containing not more than two
kitchens, designed and used to house not more than two families living independently of each
other.
“Dwelling unit” means a room or group of rooms including living, sleeping, eating, cooking
and sanitation facilities, constituting a separate and independent housekeeping unit, occupied
or intended for occupancy by one family on a nontransient basis and having not more than one
kitchen.
E. “E” Definitions:
“Economically feasible” means when a housing project can be built with a reasonable rate of
return. The housing developer’s financial ability to build the project shall not be a factor.
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Emergency Shelter:
“Emergency shelter, rotating” means a facility that provides temporary housing with minimal
supportive services and meets criteria in Section 19.76.030(2).
“Emergency shelter, permanent” means a permanently operated facility that provides
temporary housing with minimal supportive services and meets criteria in Section19.76.030(3).
“Employee Housing” means accommodations for employees as defined by Health and Safety
Code 17008, as may be amended.
“Enclosed” means a covered space fully surrounded by walls, including windows, doors and
similar openings or architectural features, or an open space of less than one hundred square feet
fully surrounded by a building or walls exceeding eight feet in heigh t.
“Entry feature” means a structural element, which leads to an entry door.
“Equestrian center” means a facility for the shelter, display, exhibition, keeping, exercise or
riding of horses, ponies or mules, or vehicles drawn by such animals, with related pasture
lands, corrals and trails.
“Equipment yard” means a use providing for maintenance, servicing or storage of motor
vehicles, equipment or supplies; or for the dispatching of service vehicles; or distribution of
supplies or construction materials required in connection with a business activity, public utility
service, transportation service, or similar activity, including but not limited to, a construction
material yard, corporation yard, vehicular service center or similar use.
F. “F” Definitions:
“Facility” means a structure, building or other physical contrivance or object.
1. “Accessory facility” means a facility which is incidental to, and customarily associated with
a specified principal facility and which meets the applicable conditions set forth in Chapter
19.80.
2. “Noncomplying facility” means a facility which is in violation of any of the site
development regulations or other regulations established by this title, but was lawfully
existing on October 10, 1955, or any amendment to this title, or the application of any
district to the property involved by reason of which the adoption or application the facility
becomes noncomplying. (For the definition for “nonconforming use” see the definition
“use” in this chapter.)
3. “Principal facilities” means a main building or other facility which is designed and
constructed for or occupied by a principal use.
“Family” means an individual or group of persons living together who constitute a bona fide
single housekeeping unit in a dwelling unit. “Family” shall not be construed to include a
fraternity, sorority, club, or other group of persons occupying a hotel, lodging house, or
institution of any kind.
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“Fence” means a man-made structure which is designed, intended or used to protect, defend or
obscure the interior property of the owner from the view, trespass or passage of others upon
that property.
“Fence height” means the vertical distance from the highest point of the fence (excluding post
caps) to the finish grade adjoining the fence. In a case where the finish grade is different for each
side of the fence, the grade with the highest elevation shall be utilized in determining the fence
height.
“First floor” means that portion of a structure less than or equal to twenty feet in height,
through which a vertical line extending from the highest point of exterior construction to the
appropriate adjoining grade, passes through one story.
“Flag” means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols,
used as a symbol of a government, political subdivision, or other entity.
“Floor area” means the total area of all floors of a building measured to the outside surfaces of
exterior walls, and including the following: 1. Halls; 2. Base of stairwells; 3. Base of elevator
shafts; 4. Services and mechanical equipment rooms; 5. Interior building area above fifteen feet
in height between any floor level and the ceiling above; 6. Basements with lightwells that do not
conform to Section 19.28.060I; 7. In all zones except residential, permanently roofed, but either
partially enclosed or unenclosed building features used for sales, service, display, storage or
similar uses.
“Floor area” shall not include the following: 1. Basements with lightwells that conform to
Section 19.28.060I; 2. Lightwells; 3. Attic areas; 4. Parking facilities, other than residential
garages, accessory to a permitted conditional use and located on the same site; 5. Roofed
arcades, plazas, walkways, porches, breezeways, porticos, courts and similar features not
substantially enclosed by exterior walls.
“Floor area ratio” means the maximum ratio of gross floor area on a site to the total site area.
“Foot-lambert” means a unit measurement of the brightness of light transmitted through or
reflected from an object or surface.
“Freeway” means any public roadway so designated by the State of California.
“Front wall” means the wall of a building or other structure nearest the street upon which the
building faces, but excluding certain architectural features as defined in this chapter.
G. “G” Definitions:
“Garage” means an accessory building (completely enclosed) or an attached building used
primarily for the storage of motor vehicles.
“Gasoline service station” means any place of business which offers for sale any motor vehicle
fuel to the public.
“Grade” or “finished grade” means the lowest point of adjacent ground elevation of the
finished surface of the ground paving, or sidewalk, excluding areas where grade has been
raised by means of a berm, planter box, or similar landscaping feature, unless required for
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drainage, within the area between the building and the property line, or when the property line
is more than five feet from the building, between the building and a line five feet from the
building.
“Gross lot area” means the horizontal area included within the property lines of a site plus the
street area bounded by the street centerline up to thirty feet distant from the property line, the
street right-of-way line and the extended side yard to the street centerline.
“Guest room” means a room which is intended, arranged or designed to be occupied by
occasional visitors or nonpaying guests of the occupants of the dwelling unit in which the room
is located, and which contains no kitchen facilities.
H. “H” Definitions:
“Habitable floor” means the horizontal space between a floor area of at least seventy square feet
and the ceiling height measuring at least seven feet six inches above it, except for a kitchen
which shall have a ceiling height not less than seven feet above the floor.
“Habitable space” means space in a structure for living, sleeping, eating or cooking. Bathrooms,
toilet compartment, closets, halls, storage or utility space and similar areas are not considered
habitable space.
“Heavy equipment” means any mechanical or motorized device that is not a vehicle or a
commercial vehicle as defined in 19.08.030(V), including, but not limited to, a backhoe, cement
mixer, crane, ditch witch, dozer, earth mover, generator, grader, tractor or any similar device.
“Height” means a vertical distance measured parallel to the natural grade to the highest point
of exterior construction, exclusive of chimneys, antennas or other appurtenances, except that
entry features are measured to the top of the wall plate.
Height restriction shall be established by establishing a line parallel to the natural grade.
“Height”, for purposes of
the Accessory Buildings/
Structures, encompasses the
entire wall plane nearest the
property line, including
roof, eaves, and any portion
of the foundation visible
above the adjoining finished
grade.
“Home occupation” means a
business, profession,
occupation or trade activity
which is performed by the
resident(s) of a dwelling unit
within that dwelling unit, or a yard area or garage associated with that dwelling unit, or a yard
area or garage associated with that unit, for purposes of generating income, by means of the
Height Limit for Entry Features
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manufacture, and/or sale of goods and/or services, but which activity is clearly incidental to the
use of the dwelling for residential purposes.
“Hospital” means a facility for providing medical, psychiatric or surgical services for sick or
injured persons, primarily on an inpatient basis, and including ancillary facilities for outpatient
and emergency treatment, diagnostic services, training, research, administration, and service to
patients, employees or visitors.
“Hotel” means a facility containing rooms or groups of rooms, generally without individual
kitchen facilities, used or intended to be used by temporary overnight occupants, whether on a
transient or residential occupancy basis, and whether or not eating facilities are available on the
premises. Hotel includes motel, motor hotel, tourist court, or similar use, but does not include
mobilehome parks or similar uses.
“Household pets” means small animals commonly found in residential areas such as chickens,
ducks, geese, rabbits, dogs, and cats, but excluding animals such as any bovine or equine
animal, or any goat, sheep or swine. This title does not regulate the keeping of small household
pets, such as fish, birds or hamsters, which is incidental to any permitted use. However, no
animal including household pets may be kept, maintained and/or raised for commercial
purposes except where permitted with required permits.
“Household type” means whether the occupants of the housing units are very low income,
lower income, moderate income, or senior citizens.
“Housing development” means, for the purposes of Chapter 19.56, Density Bonus, a
development project for five or more residential units. For the purposes of that chapter,
"housing development" also includes a subdivision or common interest development, approved
by the City that consists of residential units or unimproved residential lots and either a project
to substantially rehabilitate and convert an existing commercial building to residential use or
the substantial rehabilitation of an existing multifamily dwelling, as defined in Government
Code Section 65863.4(d), where the result of the rehabilitation would be a net increase in
available residential units.
I. “I” Definitions:
“Industrial district,” for purposes of the Sign Ordinance, means all ML districts and any other
zoning classifications which are consistent with the industrial designation of the Cupertino
general plan.
“Institutional district,” for purposes of the Sign Ordinance, means all BQ, PR, FP, and BA
districts and other zoning classifications and uses which are considered institutional in nature
and are consistent with the institutional or quasi-public designation of the general plan.
J. “J” Definitions:
“Junkyard” means the use of more than two hundred square feet of the area of any lot for the
storage or keeping of junk, including scrap metals or other scrap material, and/or for the
dismantling or wrecking of automobiles or other vehicles or machinery.
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K. “K” Definitions:
“Kitchen” means an area in habitable space used for the preparation of food and including at
least three of the following: 1. Cooking appliance(s) or provision for a cooking appliance (such
as 220V outlets, gas connections and space for appliances between counters; 2. Counter; 3.
Refrigerator; and 4. Sink.
L. “L” Definitions:
“Landscaping” means an area devoted to or developed and maintained with native or exotic
planting, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative
outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of
rock, stone, brick, block or similar material (excluding driveways, parking, loading or storage
areas), and sculptural elements.
“Late evening activities” means an activity which maintains any hours of operation dur ing the
period of eleven p.m. to seven a.m.
“Legal substandard lot” means any parcel of land or lot recorded and legally created by the
County or City prior to March 17, 1980, which lot or parcel is of less area than required in the
zone; or lots or parcels of record which are reduced to a substandard lot size as a result of
required street dedication unless otherwise provided in the City of Cupertino General
Plan. The owner of a legally created, substandard property which is less than six thousand
square feet but equal to or greater than five thousand square feet may utilize such parcel for
residential purposes. The owner of a legally created parcel of less than five thousand square
feet may also develop the site as a single-family residential building site if it can be
demonstrated that the property was not under the same ownership as any contiguous property
on the same street frontage as of or after July 1, 1984.
“Lightwell” means an excavated area required by the Uniform Building Code to provide
emergency egress, light and ventilation for below grade rooms.
“Liquor store” means a use requiring a State of California “off-sale general license” (sale for off-
site consumption of wine, beer and/or hard liquor) and having fifty percent or more of the total
dollar sales accounted for by beverage covered under the off-sale general license.
“Living space” means habitable space and sanitation.
“Loading space” means an area used for loading or unloading of goods from a vehicle in
connection with the use of the site on which such space is located.
“Lodging” means the furnishing of rooms or groups of rooms within a dwelling unit or an
accessory building to persons other than members of the family residence in the dwelling unit,
for overnight occupancy on a residential occupancy basis, whether or not meals are provided to
the person. Lodging shall be subject to the residential density requirements of the district in
which the use is located.
“Lodging unit” means a room or group of rooms not including a kitchen, used or intended for
use by overnight occupants as a single unit, whether located in a hotel or a dwelling unit
providing lodging where designed or used for occupancy by more than two persons; each two-
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person capacity shall be deemed a separate lodging unit for the purpose of determining
residential density; each two lodging units shall be considered the equivalent of one dwelling
unit.
“Lot” means a parcel or portion of land separated from other parcels or portions by description,
as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease
or separate use.
1. “Corner lot” means a lot situated at the intersection of two or more streets, or bounded on
two or more adjacent sides by street lines.
2. “Flag lot” means a lot having access to a street by means of a private driveway or parcel of
land not otherwise meeting the requirement of this title for lot width.
3. “Interior lot” means a lot other than a corner lot.
4. “Key lot” means the first lot to the rear of a corner lot, the front line of which is a
continuation of the side line of the corner lot, and fronting on the street which intersects or
intercepts the street on which the corner lot fronts.
“Lot area” means the area of a lot measured horizontally between boundary lot lines, but
excluding a portion of a flag lot providing access to a street and lying between a front lot line
and the street, and excluding any portion of a lot within the lines of any natural watercourse,
river, stream, creek, waterway, channel or flood control or drainage easement and excluding
any portion of a lot within a street right-of-way whether acquired in fee, easement or otherwise.
“Lot coverage” means the following:
1. “Single-family residential use” means the total land area within a site that is covered by
buildings, including all projections, but excluding ground-level paving, landscape features,
lightwells, and open recreational facilities.
2. “All other uses except single-family residential” means the total land area within a site that
is covered by buildings, excluding all projections, ground-level paving, landscape features,
and open recreational facilities.
“Lot depth” means the horizontal distance from the midpoint of the front lot line to the
midpoint of the rear lot line, or to the most distant point on any other lot line where there is no
clear rear lot line.
“Lot line” means any boundary of a lot.
1. “Front lot line” means on an interior lot, the lot line abutting a street, or on a corner lot, the
shorter lot line abutting a street, or on a flag lot, the interior lot line most parallel to and
nearest the street from which access is obtained.
2. “Interior lot line” means any lot line not abutting a street.
3. “Rear lot line” means the lot line not intersecting a front lot line which is most distant from
and the most closely parallel to the front lot line. A lot bounded by only three lot lines will
not have a rear lot line.
4. “Side lot line” means any lot line which is not a front or rear lot line.
5. “Street lot line” means any lot line abutting a street.
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“Lot of record” means a lot which is part of a subdivision recorded in the office of the County
Recorder, or a lot or parcel described by metes and bounds which has been recorded.
“Lot width” means the horizontal distance between side lot lines, measured at the required
front setback line.
“Lower-income household” means a household whose gross income does not exceed that
established by Health and Safety Code Section 50079.5, as may be amended.
M. “M” Definitions:
“Major renovation,” for purposes of Chapter 19.116, Conversions of Apartment Projects to
Common Interest Development, means any renovation for which an expenditure of more than
one thousand dollars was made. “Major repair,” for purposes of Chapter 19.116, Conversions of
Apartment Projects to Common Interest Development, means any repair for which an
expenditure of more than one thousand dollars was made.
“Manufacturing” means a use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing fabrication, assembly,
treatment, packaging of products, but excluding basic industrial processing of extracted or raw
materials, processes utilizing inflammable or explosive material (i.e., materials which ignite
easily under normal manufacturing conditions), and processes which create hazardous or
commonly recognized offensive conditions.
“Massage” means any method of pressure on or friction against or stroking, kneading, rubbing,
tapping, pounding, vibrating or stimulating the external parts of the human body with the
hands or with any mechanical or electrical apparatus or other appliances or devices with or
without such supplementary aides as rubbing alcohol, liniment, antiseptic, oil, powder, cream,
lotion, ointment or other similar preparations.
“Massage parlor” means a building or portion thereof, or a place where massage is
administered for compensation or from which a massage business or service for compensation
is operated which is not exempted or regulated by the Massage Establishment Ordinance as
contained in Title 9, Health and Sanitation of the Cupertino Municipal Code, Chapter 9.06.
“Maximum allowable residential density,” for purposes of Chapter 19.56, Density Bonus, means
the maximum density allowed under the zoning ordinance and land use element of the general
plan. For purposes of that Chapter, if the maximum density allowed under the zoning
ordinance is inconsistent with the density allowed under the land use element of the general
plan, the general plan density shall prevail.
“Minor change” means an alteration or modification of an existing plan, development or project
which is substantially inferior in bulk, degree or importance to the overall dimension and
design of the plan, development or project with no change proposed for the use of the land in
question, no change proposed in the character of the structure or structures involved, and no
variance required.
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“Mobilehome” means a vehicle, other than a motor vehicle, designed or used as semi-
permanent housing, designed for human habitation, for carrying persons and property on its
own structure, and for being drawn by a motor vehicle, and shall include a trailer coach.
“Mobilehome park” means any area or tract of land where lots are sold, rented, or held out for
rent to one or more owners or users of mobilehomes, excluding travel-trailers, for the purpose
of permanent or semi-permanent housing.
“Moderate income household” means a household whose gross income does not exceed that
established by Section 50093 of the Health and Safety Code, as may be amended.
“Multiple-family use” means the use of a parcel for three or more dwelling units which may be
in the same building or in separate buildings on the same parcel.
N. “N” Definitions:
“Natural grade” means the contour of the land prior to improvements or development, unless
otherwise established by a city approved grading plan that is part of a subdivision map
approval.
“Nightclub” means an establishment providing alcoholic beverage service and late evening
(past eleven p.m.) entertainment, with or without food service.
O. “O” Definitions:
“Office” means:
1. “Administrative or executive offices” including those pertaining to the management of
office operations or the direction of enterprise but not including merchandising or sales
services.
2. “Medical office” means a use providing consultation, diagnosis, therapeutic, preventative or
corrective personal treatment services by doctors, dentists, medical and dental laboratories,
and similar practitioners of medical and healing arts for humans, licensed for such practice
by the State of California and including services related to medical research, testing and
analysis.
3. “Professional offices” such as those pertaining to the practice of the professions and arts
including, but not limited to, accounting, architecture, dentistry, design, engineering,
including associated testing and prototype development, but excluding product
manufacturing and/or assembly, law and medicine, but not including sale of drugs or
prescriptions except as incidental to the principal uses and where there is external evidence
of such incidental use.
4. “Office district,” for purposes of the Sign Ordinance, means those buildings or groups of
buildings for which the permitted uses are professional offices, is within an OA or OP zone
or which are designated for offices on the general plan.
“Offset” means the indentation or projection of a wall plane.
“Open” means a space on the ground or on the roof of a structure, uncovered and unenclosed.
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“Organizational documents” means the declaration of restrictions, articles of incorporation,
bylaws and any contracts for the maintenance, management or operation of all or any part of a
common interest development.
“Outdoor recreation use” means a privately owned or operated use providing facilities for
outdoor recreation activities, including golf, tennis, swimming, riding or other outdoor sport or
recreation, operated predominantly in the open, except for accessory or incidental enclosed
services or facilities.
P. “P” Definitions:
“Park” means any open space, reservation, playground, swimming pool, golf course, recreation
center, or any other area in the City owned or used by the City or County and devoted to active
or passive recreations.
“Parking area” means an unroofed, paved area, delineated by painted or similar markings,
intended and designed to accommodate one or more vehicles.
“Parking facility” means an area on a lot or within a building, or both, including one or more
parking spaces, together with driveways, aisles, turning and maneuvering areas, clearances and
similar features, and meeting the requirements established by this title. Parking facility
includes parking lots, garages and parking structures.
1. “Temporary parking facility” means parking lots which are not required under this title
and which are intended as interim improvements of property subject to removal at a later
date.
“Parking space” means an area on a lot or within a building, used or intended for use for
parking a motor vehicle, having permanent means of access to and from a public street or alley
independently of any other parking space, and located in a parking facility meeting the
requirements established by this title. Parking space is equivalent to the term “parking stall”
and does not include driveways, aisles or other features comprising a parking facility as
previously defined in this chapter.
“Pennant” means any lightweight plastic, fabric, or other material, whether or not containing a
message of any kind, suspended from a rope, wire, or string, usually in a series, designed to
move in the wind.
“Permit” means a permit issued by the City Council, Planning Commission, Design Review
Committee, Director of Community Development, or any other decision body as empowered by
the Cupertino Municipal Code, approving architecture, site improvements, buildings,
structures, land and/or uses. Permits may include but shall not be limited to Administrative
Approvals, Two-story Permits, Minor Residential Permits, Architectural and Site Approvals,
Development Permits, Conditional Use Permits, Exceptions, Variances or Subdivision Maps.
“Person” means an individual, group, partnership, firm, association, corporation, trust,
governmental agency, governmental official, administrative body, or tribunal or any other form
of business or legal entity.
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“Personal fitness training center” means a facility providing space and equipment, with or
without supervision, for group or individual athletic development, increased skill development
in sports activity, or rehabilitative therapy for athletic injury.
“Perspective drawing” means a rendering of a three-dimensional view depicting the height,
width, depth, and position of a proposed structure in relation to surrounding properties and
structures when viewed from street level.
“Picnic area” means a facility providing tables and cooking devices for preparation and
consumption of meals out of doors or within an unenclosed shelter structure.
“Practice range” means a facility providing controlled access to fixed or movable objects which
are used to test and measure accuracy of discharge from a weapon.
“Private educational facility” means a privately owned school, including schools owned and
operated by religious organizations, offering instruction in the several branches of learning and
study required to be taught in the public schools by the Education Code of the State of
California.
“Project improvements” means all public road improvements, undergrounding utility
improvements, and improvements to the on-site utility networks as required by the City of
Cupertino for a common interest development.
“Projection” means architectural elements, not part of the main building support, that
cantilevers from a single building wall or roof, involving no supports to the ground other than
the one building wall from which the element projects.
“Promotional Device” means any sign, display, fixture, placard, vehicle or structure that uses
color, form, graphic, symbol, illumination or writing to advertise a special event or the opening
of a new business.
“Property” means real property which includes land, that which is affixed to the land, and that
which is incidental or appurtenant to the land as defined in Civil Code Sections 658 through
662.
1. Property, Adjoining. “Adjoining property” means any unit of real property, excluding
lands used as public streets, sharing one or more common points with another property.
“Provider” means a person who operates a child day care home and is licensed by the State of
California.
“Public dancehall” is a building or portion used for dancing purposes to and in which the
general public is admitted and permitted to dance, upon payment of any fee other than
compensation, or upon payment of a charge for admission, or for which tickets or other devices
are sold, or in which a charge is made for the privilege of dancing with any other person
employed for such purpose by the operator of the establishment, including but not limited to
taxi dances, but excluding restaurants, hotel rooms and nightclubs in which the dancing is
incidental only to other entertainment.
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Q. “Q” Definitions:
“Qualified applicant” is a person who has a legal or equitable interest in real property which is
the subject of a development agreement, determined pursuant to Section 19.116.070. Qualified
applicant includes an authorized agent.
“Qualifying resident,” for purposes of Chapter 19.56, Density Bonus, of this Code, means a
senior citizen or other persons eligible to reside in a senior citizen housing development.
R. “R” Definitions:
“Recreational open space” means open space within a common interest development (exclusive
of required front setback areas) which shall be used exclusively for leisure and recreational
purposes, for the use and enjoyment of occupants (and their visitors) of units on the project and
to which such occupants (and their visitors) have the right of use and enjoyment. Accessory
structures such as swimming pools, recreational buildings and landscaped areas may be
included as open space.
“Recyclable materials” means discards or waste materials that may be separated or mixed,
collected and processed, and used as raw materials for new products. For purposes of this
chapter, recyclable material does not include hazardous materials.
“Recycling center” means a facility for the collection and/or processing of recyclable materials.
Recycling center does not include storage containers or processing activity located on the
premises of a commercial or manufacturing use and use solely for the recycling of material
generated by that business or manufacturer.
1. “Recycling center, Certified” or “Certified Processor” means a recycling facility certified by
the California Department of Conservation as meeting the requirements of the California
Beverage Container Recycling and Litter Reduction Act of 1986.
2. “Recycling center, Mobile” means an automobile, truck, trailer or van licensed by the
Department of Motor Vehicles, which is used for the collection of recyclable material. A
mobile recycling center also means the bins, boxes or containers transported by trucks, vans,
or trailers and used for the collection of recyclable materials. A mobile recycling center may
consist of an enclosed vehicle such as box cab or enclosed semi-trailer or an open vehicle
such as a flatbed trailer with bins or boxes to contain recyclable materials.
“Recycling facilities” may include the following:
1. “Collection facility” means a facility for the acceptance (donation, redemption or sale) of
recyclable materials from the public. Such a facility does not use power-driven processing
equipment except as indicated in Chapter 19.108, Beverage Container Redemption and
Recycling Centers. Collection facilities may include the following:
a. Reverse vending machine(s);
b. Small collection facilities which occupy an area of not more than five hundred square
feet, and may include:
i. A mobile recycling unit,
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ii. Bulk reverse vending machine or a grouping of reverse vending machines occupying
more than fifty square feet,
iii. Kiosk type units and bulk vending machines,
iv. Unattended containers placed for the donation of recyclable materials;
c. Large collection facilities which may occupy an area of more than five hundred square
feet, or is on a separate property not appurtenant to a host use, and may include
permanent structures.
2. “Processing facility” means a building or enclosed space use for the collection and
processing of recyclable materials. Processing means the preparation of material for efficient
shipment or to an end-user’s specifications, by such means as baling, briquetting,
compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and
remanufacturing. Processing facility includes the following:
a. A light processing facility occupies an area of under forty-five thousand square feet of
gross collection, processing and storage area and has up to two outbound truck
shipments per day. Light processing facilities are limited to baling, briquetting,
crushing, compacting, grinding, shredding and sorting of source-separated recyclable
materials and repairing of reusable materials sufficient to qualify as a certified
processing facility. A light processing facility shall not shred, compact, or bale ferrous
metals other than food and beverage containers.
b. A heavy processing facility is any processing facility other than a light processing
facility.
“Religious institution” means a seminary, retreat, monastery, conference center, or similar use
for the conduct of religious activities including accessory housing incidental thereto, but
excluding a private educational facility. Any use for which a property tax exemption has been
obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of California and
Section 206 of the Revenue and Taxation Code of the State of California, or successor legislation,
or which is used in connection with any church which has received such an exemption, shall be
prima facie presumed to be a religious institution.
“Research and development” means a use engaged in study, design, analysis and experimental
development of products, processes or services, including incidental manufacturing of products
or provisions of services to others.
“Residential care facility” means a building or portion designed or used for the purpose of
providing twenty-four-hour-a-day nonmedical residential living accommodations pursuant to
the Uniform Building, Housing and Fire Codes, in exchange for payment of money or other
consideration, where the duration of tenancy is determined, in whole or in part, by the
individual resident’s participation in group or individual activities such as counseling, recovery
planning, medical or therapeutic assistance. Residential care facility includes, but is not limited
to, health facilities as defined in California Health and Safety Code (H&SC Section 1250 et seq.),
community care facilities (H&SC Section 1500 et seq.), residential care facilities for the elderly
(H&SC Section 1569 et seq.) or facilities for the mentally disordered or otherwise handicapped
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(W&I Code Section 5000 et seq.), alcoholism or drug abuse recovery or treatment facilities
(H&SC Section 11384.11), and other similar care facilities.
“Residential district,” for purposes of the Sign Ordinance, means the R1, RHS, R2, R3, R1C, A,
and A1 zoning classifications which are consistent with the residential designation of the
Cupertino general plan.
Restaurant:
1. Restaurant, Fast-Food. “Fast-food restaurant” means a retail food service establishment in
which prepared foods or beverages are served or sold on or in disposable containers,
including those establishments where a substantial portion of the patrons may serve
themselves and may consume the food and beverages off-site. A separate bar facility for
serving alcoholic beverages is not permitted. Any area, tables or rooms reserved for serving
alcoholic beverages shall be considered a separate bar facility. Specialty food stores, such as
ice cream stores, bakeries or shops, shall not be considered fast-food restaurants.
2. Restaurant, Full Service. “Full-service restaurant” means any restaurant which is not a fast-
food restaurant. Alcoholic beverages may be served with meals at a customer’s dining
table; however, a separate bar facility for serving alcoholic beverages is not permitted
without a use permit.
“Reverse vending machine(s)” means an automated mechanical device which accepts one or
more types of empty beverage containers, including, but not limited to aluminum cans, glass
and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less
than the containers redemption value, as determined by the State. A reverse vending machine
may sort and process containers mechanically provided that the entire process is enclosed
within the machine. In order to accept and temporarily store all three container types in a
proportion commensurate with their relative redemption rates, and to meet the requirements of
certification as a recycling center, multiple grouping of reverse vending machines may be
necessary.
1. A bulk reverse vending machine is a reverse vending machine that is larger than fifty square
feet; is designed to accept more than one container at a time; and will pay by weight instead
of by container.
“S” Definitions:
“Screened” means shielded, concealed, and effectively hidden from view at an elevation of up
to eight feet above ground level on adjoining parcels, or from adjoining parcels, within ten feet
of a lot line, by a fence, wall, hedge, berm, or similar structure, architectural or landscape
feature, or combination thereof.
“Second dwelling unit” means an attached or a detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as
the single-family dwelling is situated.
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“Senior citizens” means:
1. Persons at least sixty-two years of age; or
2. Persons at least fifty-five years of age in a senior citizen housing development, in accordance
with State and federal law.
“Senior citizen housing development” means a housing development with at least thirty-five
dwelling units as defined in the Civil Code Section 51.3, or a mobilehome park that limits
residency based on age requirements for housing for older persons pursuant to Section 798.76
or 799.5 of the Civil Code, as may be amended. “Setback line” means a line within a lot parallel
to a corresponding lot line, which is the boundary of any specified front, side or rear yard, or
the boundary of any public right-of-way or private road, whether acquired in fee, easement, or
otherwise, or a line otherwise established to govern the location of buildings, structures or
uses. Where no minimum front, side or rear yards are specified, the setback line shall be
coterminous with the corresponding lot line.
Setback Area, Required. “Required setback area” means open space, unoccupied and
unobstructed from the ground upward, except as provided in this title, between the lot line and
the setback line on the same parcel.
1. Setback Area, Required Front Yard. “Required front-yard setback area” means the setback
area extending across the front of a lot between the front lot line and the setback line. Front
yards shall be measured either by a line at right angles to the front lot line, or by a radial line
in the case of a curved front lot line, except flag lots which is the area extending across the
full extent of the buildable portion of the flag lot measured from the property line which is
parallel to and nearest the street line and at which point the lot width equals a minimum of
sixty feet. The Director of Community Development shall have the discretion to modify the
provisions of this definition when it improves the design relationship of the proposed
buildings to adjacent buildings or parcels.
2. Setback Area, Required Rear Yard. “Required rear-yard setback area” means the area
extending across the full width of the lot between the rear lot line and the nearest line or
point of the main building.
3. Setback Area, Required Side Yard. “Required side-yard setback area” means the area
between the side lot line and the nearest line of a building, and extending from the fron t
setback line to the rear setback line.
“Shopping center” means a group of commercial establishments, planned, developed, owned or
managed as a unit, with off-street parking provided on the parcel.
“Shopping center,” for purposes of the Sign Ordinance, means a retail entity encompassing
three or more tenants within a single building or group of buildings, but within which
individual business located in defined tenant spaces are owned and managed separately from
the shopping center management.
“Sidewalk site triangle” is a triangular shaped area described in Cupertino Standard Detail 7-6.
(See Appendix C, Cupertino Standard Detail; Sidewalk Site Triangle (Sidewalk Clearance at
Driveway)
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“Sign” means any device, fixture, placard, or structure that uses an y color, form, graphic,
illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose
of a person or entity, to communicate information of any kind to the public.
1. “Animated sign” means any sign which projects action, motion or the illusion thereof,
changes intensity of illumination or changes colors, including the likes of balloons, banners
and flags, and blowing or air-powered attractions, but excluding electronic readerboard
signs and signs that display the current time or temperature.
2. “Blade sign” means a pedestrian oriented sign, adjacent to a pedestrian walkway or
sidewalk, attached to a building wall, marquee, awning or arcade with the exposed face of
the sign in a plane perpendicular to the plane of the building wall.
3. “Development Identification Sign” means a ground sign at the major entry to a residential
development with twenty units or more meant to identify the name and address of the
development.
4. “Directional sign” means any sign which primarily displays directions to a particular area,
location or site.
5. “Directory sign” means any outdoor listing of occupants of a building or group of buildings.
6. “Electronic readerboard sign” means an electronic sign intended for a periodically-changing
advertising message.
7. “Freeway oriented sign” means any sign which is located within six hundred sixty feet and
visible from a freeway right-of-way as defined by Section 5200 of the California Business
and Professions Code.
8. “Garage sale signs” means any sign used for advertising a garage or patio sale as defined in
Chapter 5.16 of the Cupertino Municipal Code.
9. “Ground sign” means any sign permanently affixed to the ground and not supported by a
building structure. The height of the sign shall be measured from the grade of the adjoining
closest sidewalk to the top of the sign including trim.
10. “Identification sign” means any sign whose sole purpose is to display the name of the site
and the names of the occupants, their products or their services.
11. “Illegal sign” means any sign or advertising statuary which was not lawfully erected,
maintained, or was not in conformance with the provisions of this title in effect at the time
of the erection of the sign or advertising statuary or which was not installed with a valid
permit from the City.
12. “Illuminated sign” means any sign utilizing an artificial source of light to enhance its
visibility.
13. “Informational sign” means any sign which promotes no products or services, but displays
service or general information to the public, including the likes of hours of operation, rest
room identifications and hazardous warnings.
14. “Landmark sign” means an existing, legal non-conforming ground sign that has a
distinctive architectural style.
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15. “Nonconforming sign” means any sign or advertising statuary that was legally erected and
had obtained a valid permit in conformance with the ordinance in effect at the time of the
erection of the sign but which became nonconforming due to the adoption of the ordinance
codified in this title.
16. “Obsolete sign” means any sign that displays incorrect or misleading information, promotes
products or services no longer available at that site or identifies departed occupants.
17. “Off-site sign” means any sign not located on the premises of the business or entity
indicated or advertised by the sign. This definition shall include billboards, poster panels,
painted bulletins and other similar advertising displays.
18. “On-site sign” means a sign directing attention to a business, commodity, service or
entertainment conducted, sold or offered upon the same premises as those upon which the
sign is maintained.
19. “Political sign” means a temporary sign that encourages a particular vote in a scheduled
election and is posted prior to the scheduled election.
20. “Portable Sign or Display” means any outdoor sign or display not permanently attached to
the ground or a structure on the premises it is intended to occupy and displayed only
during business hours. Portable sign or display includes A-frames, flower carts, statues,
and other similar devices used for advertising as determined by the Director.
21. “Project announcement sign” means any temporary sign that displays information pertinent
to a current or future site of construction, including the likes of the project name,
developers, owners and operators, completion dates, availability and occupants.
22. “Projecting sign” means any sign other than a wall sign that is attached to and projects from
a structure or building face or wall.
23. “Real estate sign” means a temporary sign indicating that a particular premises i s for sale,
lease or rent.
24. “Roof sign” means a sign erected between the lowest and highest points of a roof.
25. “Street address sign” means any sign that displays only the street address number(s) of the
site and, at the option of the property owner, the street name.
26. “Temporary Sign” means any sign, display, banner or promotional device which is
designed or intended to be displayed only during the allowable business hours or for short
periods of time as specified by the Director of Community Development.
27. “V-shaped signs” means any sign consisting of two vertical faces, or essentially vertical faces,
with one common edge and which appears as the letter V when viewed directly from above.
28. “Vehicle sign” means a sign painted on or attached to an operable or movable vehicle; in the
case of motor vehicles, “operable” shall be defined as having a valid license plate.
29. “Wall sign” means any sign that is attached, erected or painted on a structure attached to a
building, a canopy structure, or the exterior wall of a building with the exposed face of the
sign parallel to the wall.
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30. “Window sign” means any sign that is intended to be read from outside of the structure or
painted on a window facing a public street, parking lot, pedestrian plaza or walkway
accessible to the public.
“Sign Area” for an individually lettered sign without a background, is measured by enclosing
the sign copy with a continuous perimeter in simple rectilinear forms. (See Appendix D for
examples of sign area calculation)
The sign area for a sign with borders and/or background is measured by enclosing the exterior
limits of the border or background with a single continuous perimeter. The necessary supports,
uprights, and/ or the base on which such sign is placed, shall be excluded from the sign area.
When a sign is separated by thirty-six inches or more, the area of each part may be computed
separately.
“Single-family use” means the use of a parcel for only one dwelling unit.
“Specialty food stores” means uses such as bakeries, donut shops, ice cream stores, produce
markets and meat markets, or similar establishments where food is prepared and/or sold
primarily for consumption off the premises.
“Site,” for purposes of the Sign Ordinance, means a piece of land as shown on a subdivision
map, record of survey map or assessor’s parcel map, which constitutes one development site
and which may be composed of a single unit of land or contiguous units under common
ownership, control, or development agreement.
“Special event,” for purposes of the Sign Ordinance means a temporary promotional event
including, but not limited to, a special sale on merchandise or services, or grand openings.
“Special Event Banner” means any temporary sign constructed of pliable materials such as
canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and rain
without significant deterioration, and which does not require a building permit for its
construction, or installation outside of a building.
“Specified anatomical areas” means:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks and
female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
“Specified sexual activities” means:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
“Story” means that portion of a building, excluding a basement, between the surface of any
floor and the surface of the next floor above it, or if there is no floor above it, then the space
between the floor and the ceiling next above it.
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“Street” means a public or private thoroughfare the design of which has been approved by the
City which affords the principal means of access to abutting property, including avenue, place,
way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as
defined in this chapter.
1. Street, Public. “Public street” means all streets, highways, lanes, places, avenues and
portions and including extensions in the length and width, which have been dedicated by
the owners to public use, acquired for public use, or in which a public easement for
roadway purposes exists.
“Street frontage,” for purposes of the Sign Ordinance, means the length of a site along or
fronting on a public or private street, driveway or other principal thoroughfare, but does not
include such length along an alley, watercourse, railroad right-of-way or limited access
roadway or freeway.
“Structure” means that which is built or constructed, an edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite manner.
1. Structure, Recreational. “Recreational structure” means any affixed accessory structure or
portion, which functions for play, recreation or exercise (e.g., pool slides, playhouses, tree
houses, swings, climbing apparatus, gazebos, decks, patios, hot tubs and pools) but does not
include portable play structures, such as swings or climbing apparatus.
“Structurally attached” means any structure or accessory structure or portion thereof, which is
substantially attached or connected by a roof structure or similar physical attachment.
“Supportive housing” (per Government Code Section 65582(f), as may be amended) means
housing with no limit on length of stay, that is occupied by the target population, and that is
linked to onsite or offsite services that assist the supportive housing resident in retaining the
housing, improving his or her health status, and maximizing his or her ability to live and, when
possible, work in the community.
S. “T” Definitions:
“Target population” (per Government Code Section 65582(g), as may be amended) means
persons with low incomes having one or more disabilities, including mental illness, HIV or
AIDS, substance abuse, or other chronic health conditions, or individuals eligible for service s
provided under the Lanterman Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500) of the Welfare and Institutions Code).
“Transient” means any individual who exercises occupancy or is entitled to occupancy by
reason of concession, permit, right of access, license or other agreement for a period of thirty
consecutive calendar days or less, counting portions of calendar days as full days, and including
any individual who actually physically occupies the premises, by permission of any other
person entitled to occupancy.
“Transitional housing” (per Government Code Section 65582(h), as may be amended) means
buildings configured as rental housing developments, but operated under program
requirements that call for the termination of assistance and recirculation of the assisted unit to
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another eligible program recipient at some predetermined future point in time, which shall be
no less than six months from the beginning of assistance.
“Trim” means the molding, battens, cappings, nailing strips, lattice and platforms which are
attached to a sign.
T. “U” Definitions:
“Use” means the conduct of an activity, or the performance of a function or operation, on a
parcel or in a building or facility.
1. “Accessory use” means a use which is incidental to and customarily associated with a
specified principal use.
2. “Conditional use” means a use listed by the regulations of any particular district as a
conditional use within that district, and allowable solely on a discretionary or conditional
basis, subject to issuance of a conditional use permit, and to all other regulations established
by this title.
3. “Nonconforming use” means a use which is not a permitted use or conditional use
authorized within the district in which it is located, but which was lawfully existing on
October 10, 1955; or the date of any amendments thereto, or the application of any district to
the property involved, by reason of which adoption or application the use became
nonconforming. (See “noncomplying facilities” in this chapter for a definition.)
4. “Permitted use” means a use listed by the regulations of any particular district as a
permitted use within that district, and permitted therein as a matter of right when
conducted in accord with the regulations established by this title.
5. “Principal use” means a use which fulfills a primary function of a household, establishment,
institution, or other entity.
“Useable rear yard” means that area bounded by the rear lot line(s) and the rear building line
extended to the side lot lines. The side yard adjacent to a proposed minor addition (e.g.,
addition equaling ten percent or less of the principal structure) may be included in calculation
of usable rear yard area.
U. “V” Definitions:
“Variance application” means an application for which an exception process is not identified in
the Municipal Code.
“Vehicle” means any boat, bus, trailer, motor home, van, camper (whether or not attached to a
pickup truck or other vehicle), mobilehome, motorcycle, automobile, truck, pickup, airplane,
boat trailer, truck tractor, truck trailer, utility trailer or recreational vehicle, or parts, or any
device by which any person or property may be propelled, moved or drawn upon a public
street, excepting a device moved exclusively by human power.
1. Vehicle, commercial. “Commercial vehicle” means a vehicle of a type required to be
registered under the California Vehicle Code used or maintained for the transportation of
persons for hire, compensation, or profit or designed, used, or maintained primarily for the
transportation of goods.
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2. Vehicle, Recreation. “Recreation vehicle” means a vehicle towed or self-propelled on its own
chassis or attached to the chassis of another vehicle and designed or used for temporary
dwelling, recreational or sporting purposes. The term recreation vehicle includes, but is not
limited to, trailers, motor coach homes, converted trucks and buses, and boats and boat
trailers.
“Very low income household” means a household whose gross income does not exceed that
established by Health and Safety Code Section 50105, as may be amended.
“Visual privacy intrusion” means uninterrupted visual access from a residential dwelling or
structure into the interior or exterior areas of adjacent residential structures, which area is either
completely or partially private, designed for the sole use of the occupant, and/or which serves
to fulfill the interior and/or exterior privacy needs of the impacted residence or residences.
V. “W” Definitions:
None.
W. “X” Definitions:
None.
X. “Y” Definitions:
“Yard” means an area within a lot, adjoining a lot line, and measured horizontally, and
perpendicular to the lot line for a specified distance, open and unobstructed except for activities
and facilities allowed therein by this title.
1. “Front yard” means a yard measured into a lot from the front lot line, extending the full
width of the lot between the side lot lines intersecting the front lot line.
2. “Rear yard” means a yard measured into a lot from the rear lot line, extending between the
side yards; provided that for lots having no defined rear lot line, the rear yard shall be
measured into the lot from the rearmost point of the lot depth to a line parallel to the front
lot line.
3. “Side yard” means a yard measured into a lot from a side lot line, extending between the
front yard and rear lot line.
Y. “Z” Definitions:
None.
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CHAPTER 19.12 – ADMINISTRATION
Section
19.12.010 Purpose and intent.
19.12.020 Applicability of Regulations.
19.12.030 Approval Authority
19.12.040 Authority of the Director of Community Development.
19.12.050 Authority of the Design Review Committee.
19.12.060 Authority of the Planning Commission.
19.12.070 Authority of the City Council.
19.12.080 Application Process
19.12.090 Action by Director.
19.12.100 Decision
19.12.110 Noticing.
Table 19.12.030: Approval Authority
Type of Permit or Decision A, B Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
General Plan Amendment
Major F - - R F PH CA. Govt.
Code 65350-
65362
Yes - CA. Govt.
Code
65350-
65362
Minor G
- - R F PH Yes -
Zoning Map Amendments
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Type of Permit or Decision A, B Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Major F - - R F PH CA. Govt.
Code 65853
- 65856
Yes -
19.152.020 Minor G
- - R F PH Yes -
Zoning Text Amendments
- - R F PH
CA. Govt.
Code 65853
- 65856
- - 19.152.030
Specific Plans
- - R F PH
CA. Govt.
Code 65350-
65362
- -
20.04.030
Development Agreements
- - R F PH
CA. Govt.
Code 65867
Yes -
19.144.120
Development Permits
Major F, H - - F/R A1/F PM 19.12.110/
300’
Yes 2 years
19.156.050 Minor G
F - A1 A2 PM Yes 2 years
Conditional Use Permits
Major F, H, I F - A1/F/R A1/A2/F PH CA. Govt.
Code 65905
Yes 2 years
19.156.050 Minor G, I
F - A1/F/R A1/A2/F PH Yes 2 years
Temporary F - A1 A2 - None No 1 year None
19.160.030
Density Bonus (Residential) R F Based on concurrent application 19.52
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Type of Permit or Decision A, B Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Adult-Oriented Commercial
Activity (CUP) - R F PH
CA. Govt.
Code 65905/
300’
Yes 2 years
19.128.030
&
19.128.040
Architectural and Site Approval
Major J F - A1 A2 PM 19.12.110/
Adjacent
Yes 2 years 19.168.030 Minor K F - A1 A2 PM Yes 2 years
Amendment
Major F, H - - F A1 PM/PH 19.12.110/
300’
Yes 2 years 19.44,
19.156,
19.164 Minor G F - A1 A2 PM/PH Yes 2 years
Minor Modification F - A1 A2 - None No 2 years 19.164
Hillside Exception/ Height
Exception / Heart of the City
Exception I
- - F A1 PH 19.12.110/
300’ Yes 2 years
19.40.080,
19.24.070,
19.136.090
Variance F - A1 A2 PH CA. Govt.
Code 65905 Yes 2 years 19.156.060
Status of non-conforming Use - - F A1 PH 19.12.110/
300’ Yes - 19.140.110
Wireless Antennas I
F - F/ A1 A2 Varies I
Depends on
application
type
Yes 2 years
19.136.090
Signs
Permits F - A1 A2 - None No 1 year 19.104
Neon, Reader board & - F F A1 L PM 19.12.110/ No 1 year 19.104
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Type of Permit or Decision A, B Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Freeway Oriented Signs I 300’
Programs F - A1 A2 - None No 1 year 19.104
Exceptions I
- F - A1 L PM 19.12.110/
Adjacent Yes 1 year 19.104.290
Parking Exceptions I
F F A1 A1 L /A2 Varies M
19.12.110/
Adjacent/
300’ N
Yes 1 year
19.124.050
Fence Exceptions - F - A1 L PM 19.12.110/
Adjacent Yes 1 year 19.48.060
Front Yard Interpretation F - A1 A2 PM 19.12.110/
Adjacent Yes 1 year 19.08
R1 Ordinance Permits
Two-story I F F F/A1 A1 L /A2 Varies I 19.12.110/
Adjacent
Yes 1 year
19.28.140 Minor Residential F - A1 A2 CP No 1 year
Exceptions I - F - A1 L PM Yes 1 year
Protected Trees
Tree Removal
F - A1 A2 CP
Adjacent/
Depending
on type of
application
Yes 1 year 14.18.180
Heritage Tree Designation &
Removal - - F A1 PM 19.12.110/
300’ Yes -
14.18
Tree Management Plan F - A1 A2 - None No - 14.18
Retroactive Tree Removal F - A1 A2 - None No - 14.18
Reasonable Accommodation F - A1 A2 - None No 1 year 19.52.050
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Type of Permit or Decision A, B Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Extensions O
Parking, Fence & Sign
Exceptions & Front Yard
Interpretations
F - A1 A2 - None No 1 year
Neon, Reader board &
Freeway Oriented Signs F A1 A2 - None No 1 year
Two Story Permits, Minor
Residential Permits and
Exceptions
F A1 A2 - None No 1 year
Tree Removals F - A1 A2 - - No 1 year
All other projects
F - A1 A2 - 19.12.110/
None No 2 years
Key:
R—Review and recommendation body F — Final decision-making body unless appealed
A1 —Appeal Body on first appeal A2 — Appeal body on second appeal
PH – Public Hearing PM – Public Meeting
CP – Comment Period
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Notes:
A. Permits can be processed concurrently with other applications, at the discretion of the
Director of Community Development.
B. Projects with combined applications shall be processed at the highest level of approval in
conformance with Section 19.04.090.
C. Public Hearing: Projects types that need noticing pursuant to the CA Government Code;
Public Meeting: Project types that need only a mailed notice and no newspaper notices;
Comment Period: Project types that need only a mailed notice and do not need a public
hearing or public meeting.
D. Noticing Radius of an application in a combined application shall correspond to the
maximum noticing radius required for any one of the applications.
E. Expiration date of an application in a combined application shall correspond to the maximum
expiration date allowed for any one of the development applications (not including
Subdivision Map Act applications, General Plan Amendments and Zoning Map or Text
Amendments.)
F. Major General Plan Amendment, Conditional Use Permit, Development Permit application -
for more than ten thousand square feet of commercial and/or industrial and/or office and/or
other non-residential use, or greater than six residential units
G. Minor General Plan Amendment, Conditional Use Permit, Development Permit application -
for ten thousand square feet or less of commercial and/or industrial and/or office and/or other
non-residential use, or six or less residential units.
H. City Council review for applications with new development greater than fifty thousand square
feet of commercial, and/or greater than one hundred thousand square feet of industrial and/or
office and/or other non-residential use, and/or greater than fifty residential units.
Planning Commission review for all other applications.
I. Please see specific zoning district regulations or chapters in this title that apply to the subject
property or project for approval authority.
J. Major Architectural and Site Approval application - architectural and site approval for all
projects that are not a Minor Architectural and Site Approval application.
K. Minor Architectural and Site Approval application - single family home in a planned
development zoning district, minor building architectural modifications, landscaping, signs
and lighting for new development, redevelopment or modification in such zones where
review is required and minor modifications of duplex and multi-family buildings.
L. Appeals of Design Review Committee decisions shall be heard by the City Council.
M. Parking Exceptions approved by the Director of Community Development need a comment
period.
Parking Exceptions approved by the Design Review Committee need a public meeting.
N. Parking Exceptions in Single-family residential (R1) zones and Duplex (R2) zones need
adjacent noticing.
All other Parking Exceptions need notices within three hundred feet of the exterior boundary
of the subject property.
O. Application must be filed prior to expiration date of permit. Permit is extended until decision
of the Approval Body on the one-time extension.
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ATTACHMENT IV
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19.12.040 Authority of the Director of Community Development.
Subject to the provisions of this chapter and general purpose and intent of this title, the authority
of the Director of Community Development is as follows:
A. Grant any permits which are authorized to be issued by the Director pursuant to Section
19.12.030 and any other provisions of this code;
B. Grant parking exceptions for projects that are reviewed in conjunction with permits which are
authorized to be issued by the Director of Community Development pursuant to Section
19.12.030;
C. Grant a variance from site development regulations and parking and loading regulations
(except those handicapped parking regulations mandated by State law) applicable within any
zoning district established by this title;
D. Grant a variance from the special conditions of approval that apply to site development and
parking and loading regulations (including conditions attached to planned developments)
applicable within any zoning district established by this title.
E. Grant a request for reasonable accommodation made by any person with a disability, when
the strict application of the provisions within residential districts acts as a barrier to fair
housing opportunities, pursuant to Chapter 19.52.
F. Make reasonable interpretations of the regulations and provisions of this title, and any
chapter therein, consistent with the legislative intent. Persons aggrieved by an interpretation
of the Director of Community Development may petition the Planning Commission in writing
for review of the interpretation.
G. May refer an application to another Approval Body for review, decision or recommendation.
19.12.050 Authority of the Design Review Committee.
Subject to the provisions of this chapter and general purpose and intent of this title, the authority
of the Design Review Committee is as follows:
A. Grant any permits and exceptions which are authorized to be issued by the Design Review
Committee pursuant to Section 19.12.030 and any other provisions of this code;
B. Grant parking exceptions for projects that are in conjunction with permits which are
authorized to be issued by the Design Review Committee pursuant to Section 19.12.030.
19.12.060 Authority of the Planning Commission.
Subject to the provisions of this chapter and general purpose and intent of this title, the authority
of the Planning Commission is as follows:
A. Grant any permits which are authorized to be issued by the Planning Commission pursuant
to Section 19.12.030 and any other provisions of this code;
B. Grant parking exceptions for projects that are in conjunction with permits which are
authorized to be issued by the Planning Commission pursuant to Section 19.12.030;
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C. Make recommendations to the City Council on applications in which it is a recommending
body; and
D. Decide on appeals of decisions pursuant to Section 19.12.030.
19.12.070 Authority of the City Council.
Subject to the provisions of this chapter and general purpose and intent of this title, the authority
of the City Council is as follows:
A. Grant any permits which are authorized to be issued by the City Council pursuant to Section
19.12.030 and any other provisions of the code;
B. Decide on appeals of decisions pursuant to Section 19.12.030.
19.12.080 Application Process
The following provisions outline the requirements for the filing of applications for permits,
entitlements, amendments, and approvals. Unless otherwise specified in this title, all applications
for permits, entitlements, amendments and approvals required by this title shall be filed in
compliance with this section.
Applications for permits, permit modifications, amendments and other matters pertaining to this
Chapter shall be filed with the Director of Community Development with the following:
A. An application for permit may be made by the owner of record, his or her agent, lessee(s) of
property, or person(s) who have contracted to purchase or lease property contingent upon
their ability to acquire the necessary permit under this title and who have written
authorization from the property owner to make an application.
B. Application shall be made on a form provided by the City, and shall contain the following,
unless waived by the Director of Community Development based on the scope of the
proposed project:
1. A complete legal description of the subject property and map showing the location of the
property for which the permit is sought;
2. A preliminary title report of the subject property;
3. The proposed site development plan indicating: the location of all buildings and
structures; the location and types of land uses; paved areas, such as roadways, driveways
and walkways; and general landscaping scheme;
4. Architectural drawings of the proposed development, building additions or other
structures. Drawings shall indicate building height, colors, materials, window treatment
and other architectural features;
5. Maps showing the locations of buildings;
6. Renderings showing building heights and square footages;
7. Maps showing the precise location of roads, streets, alleys and access points;
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8. A traffic analysis, if required;
9. A construction plan,
10. Any property/development with a Homeowner’s Association (HOA) or Architectural
Review Board (ARB) shall provide a letter of approval from said HOA Board or ARB.
11. The Director of Community Development may reasonably require additional information
which is pertinent and essential to the application.
12. Zoning Map or Text Amendments shall also include information required per Chapter
19.152.
a. Zoning applications for Planned Development Zoning Districts shall also include
information required per Section 19.80.040;
b. Zoning applications for Multi-Family (R3) Residential shall also include information
required per Section 19.36.040; and
c. Zoning applications for Residential Single-family Cluster (R1C) initiated by a property
owner, or his or her designee, shall also include items identified in Section 19.44.050H.
13. Planned Development Permit and Development Permit applications shall also include
information required per Section 19.156.010:
14. Conditional Use Permits and Variances shall also include information required per Section
19.156.020.
15. Density Bonus Permit applications shall also include information required per Section
19.56.060.
16. Conversion of Apartment Projects to Common Interest Developments applications shall
also include information required per Section 19.116.050.
17. Sign Permit Applications should also include information required per Section 19.104.040.
C. Application shall be accompanied by the fee prescribed by City Council resolution, no part of
which shall be returnable to the applicant.
19.12.090 Action by Director.
Upon receipt of an application for a permit, the Director of Community Development shall:
A. Within thirty days determine whether the application is complete or needs additional
information and shall inform the applicant.
B. Not later than a period stipulated in Section 19.12.100, Decision, below:
1. Set a date for a public hearing or public meeting upon the matter at a regular or special
meeting of the approval authority for the project for applications that require a public
hearing or public meeting, or
2. Send notice in accord with the requirements of 19.12.110(D) for applications that do not
need a public hearing or public meeting.
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19.12.100 Decision
Unless postponed or continued with the mutual consent of the Director of Community
Development and the applicant and written confirmation from the applicant, a decision shall be
rendered:
A. No later than sixty (60) days following the date the application is deemed complete and either
categorically exempt under the California Environmental Quality Act (CEQA) or the adoption
of a negative declaration or one hundred and eighty (180) days of certification of an
Environmental Impact Report (EIR).
B. Notwithstanding the above, no later than one hundred and fifty (150) days upon receipt of a
complete application for a new personal wireless communication facility or ninety (90) days
upon receipt of an application for collocation of a personal wireless communication
facility/antennas.
19.12.110 Noticing.
A. Notice of Public Hearing: Noticing shall be provided in conformance with applicable
California Government Code Sections, as may be amended from time to time, for applications
that need a public hearing.
B. Notice of Public Meeting: For projects requiring notice of a public meeting, notice shall be
provided in conformance with California Government Code Section 65091, as may be
amended from time to time, as follows:.
1. Written notice by first class mail to:
a. Each owner of record of real property within the noticing radius per Section 19.12.030
of the exterior boundary of the property for which the application is made as the
owner of record is shown in the last tax assessment roll;
b. Owner(s) of subject site or his or her authorized agent
c. Project applicant(s)
d. Any individual or entity that has filed a written request with the City Clerk requesting
notification of public hearings
e. Local agencies expected to provide water, sewage, streets, roads, schools or other
essential facilities or services to the proposed project;
2. If the number of owners to whom notice would be mailed or delivered pursuant to
subsection C1 above is greater than one thousand, in lieu of mailed or delivered notice, the
Director may provide published notice as provided in Government Code Section 65091
(a)(4).
3. The notice shall contain information pursuant to Government Code Section 65094.
C. Notice of Comment Period: For projects requiring notice of a comment period, notice shall be
mailed in accord with 19.12.110C(1)(a)-(d), fourteen calendar days prior to the date of action
on the application.
1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the mailed notice
shall include a copy of the site plan and elevation plans of the proposed project.
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2. For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice shall
include a copy of the site plan and tree replacement/mitigation plan.
D. The City may also give notice of public hearings/public meetings in any other manner it
deems necessary or desirable. If the Director of Community Development believes the project
may have impacts beyond the range of the mailed notice, particularly on nearby residential
areas, the Director, in his or her discretion, may expand noticing beyond the stated
requirements in Section 19.12.030.
Compliance with the procedures set forth in this section shall constitute a good-faith effort to
provide notice, and the failure to provide notice, and the failure of any to receive notice, shall
not prevent the City from proceeding with a hearing, meeting or from taking any action nor
affect the validity of any action. Typographical and/or publishing errors shall not invalidate
the notice nor any City action related to the notice.
E. Posted Site Notice:
1. Applicants shall install notice(s) on the subject site that is/are clearly visible from the street
in accord with the requirements of Table 19.12.030.
a. Applicants must install a public notice in the front yard of the subject site.
b. For all applications other than Two Story Permits, Residential Design Review and Tree
Removal applications in R1 or R2 zones, if the subject site has more than one property
line abutting a street, the applicant may be required to install more than one notice.
2. The notice shall be a weatherproof sign, at least 2 feet tall and 3 feet wide, firmly attached
to a 5 foot tall post.
3. The notice shall be placed the same number of days prior to the decision/public hearing as
required for the public hearing or mailed notices per Section 19.12.110 A – C and shall
remain in place until an action has been taken on the application and the appeal period
has passed.
4. The notice shall contain the following:
a. The general location of the property, by text or diagram;
b. A brief general description of the proposed project, the content of which shall be at the
sole discretion of the City;
c. City contact information for public inquiries;
d. A deadline for the submission of public comments;
e. If proposing a physical alteration to an existing building or new buildings, at least one
of the following visual representations of the proposed project:
i. A color perspective drawing or three-dimensional (3-D) photographic simulation
of the proposed project, in a size deemed appropriate by the Director of
Community Development.
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ii. For Two Story Permits and Residential Design Review applications, a color or
black and white perspective drawing or three-dimensional (3-D) photographic
simulation of the proposed project, at least 11 inches by 17 inches in size.
iii. Visual Representation is not required for applications that do not have a material
change in the physical appearance of the property.
19.12.120 Action by Director of Community Development — Administrative.
19.12.130 Action by Design Review Committee and Planning Commission.
19.12.140 Action by City Council.
19.12.150 Notice of Decision and Reports.
19.12.160 Effective date.
19.12.170 Appeals
19.12.180 Expiration, Extension and Revocation.
19.12.010 Purpose and intent.
The purpose and intent of the Administration section is to establish procedures for the
discretionary review of development in the city in order to ensure that new development and
changes to existing developments comply with city development requirements and policies. This
chapter establishes the procedures for review of applications before the approval authorities for
each type of project and the process for appeals of any requirement, decision or determination
made by any Approval Body.
19.12.020 Applicability of Regulations.
Except as otherwise provided in this section, Development Review is required for all zoning map
and text amendments, new construction, modifications to building exteriors or site
improvements, and changes in Land Use, including, but not limited to, the following:
A. In the A, A1, R1 and RHS Zones, the following activities:
1. Conditional uses in accord with Chapter 19.20, Chapter 19.24, Chapter 19.28, Chapter,
19.32, Chapter 19.36, Chapter 19.40 and Chapter 19.44;
2. Removal of protected trees identified in Chapter 14.18;
3. Projects in R1 zones identified in Section 19.28.040;
4. Height Exceptions identified in Section 19.24.070(B)(3);
5. Hillside Exceptions identified in Section 19.44.070 and Chapter 19.48;
6. Parking Exceptions identified in Chapter 19.124;
7. Fence Exceptions identified in Chapter 19.48
8. Variance to all other zoning regulations
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B. In R2, R3, R1C and all Commercial, Industrial, Office, Planned Community Districts and other
non-residential zoning districts:
1. New structures or property development, including signs and sign programs.
2. Building additions, exterior modifications to existing structures including signs and sign
programs, and site changes (including, but not limited to, new or modified landscaping,
tree removals, fencing, changes to parking lot space striping or circulation);
3. Changes in property or building use that involve exterior modifications;
4. Exceptions or modifications to the development's required and/or existing parking;
5. Conditional uses in accord with Chapter 19.60, Chapter 19.64, Chapter 19.68, Chapter
19.72, Chapter 19.76, Chapter 19.80, Chapter 19.84, Chapter 19.88, Chapter 19.92, Chapter
19.96, Chapter 19., Chapter 19.128, Chapter 19.116, Chapter 19.132, Chapter 19.136;
19.12.030 Approval Authority
Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and Extension
Dates for different types of Permits.
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Table 19.12.030: Approval Authority
Type of Permit or Decision A, B Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
General Plan Amendment
Major F - - R F PH CA. Govt.
Code 65350-
65362
Yes - CA. Govt.
Code
65350-
65362
Minor G
- - R F PH Yes -
Zoning Map Amendments
Major F - - R F PH CA. Govt.
Code 65853
- 65856
Yes -
19.152.020 Minor G
- - R F PH Yes -
Zoning Text Amendments
- - R F PH
CA. Govt.
Code 65853
- 65856
- - 19.152.030
Specific Plans
- - R F PH
CA. Govt.
Code 65350-
65362
- -
20.04.030
Development Agreements
- - R F PH
CA. Govt.
Code 65867
Yes -
19.144.120
Development Permits
Major F, H - - F/R A1/F PM 19.12.110/
300’
Yes 2 years
19.156.050 Minor G
F - A1 A2 PM Yes 2 years
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Type of Permit or Decision A, B Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Conditional Use Permits
Major F, H, I F - A1/F/R A1/A2/F PH CA. Govt.
Code 65905
Yes 2 years
19.156.050 Minor G, I
F - A1/F/R A1/A2/F PH Yes 2 years
Temporary F - A1 A2 - None No 1 year None
19.160.030
Density Bonus (Residential) R F Based on concurrent application 19.52
Adult-Oriented Commercial
Activity (CUP) - R F PH
CA. Govt.
Code 65905/
300’
Yes 2 years
19.128.030
&
19.128.040
Architectural and Site Approval
Major J F - A1 A2 PM 19.12.110/
Adjacent
Yes 2 years 19.168.030 Minor K F - A1 A2 PM Yes 2 years
Amendment
Major F, H - - F A1 PM/PH 19.12.110/
300’
Yes 2 years 19.44,
19.156,
19.164 Minor G F - A1 A2 PM/PH Yes 2 years
Minor Modification F - A1 A2 - None No 2 years 19.164
Hillside Exception/ Height
Exception / Heart of the City
Exception I
- - F A1 PH 19.12.110/
300’ Yes 2 years
19.40.080,
19.24.070,
19.136.090
Variance F - A1 A2 PH CA. Govt.
Code 65905 Yes 2 years 19.156.060
Status of non-conforming Use - - F A1 PH 19.12.110/
300’ Yes - 19.140.110
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Type of Permit or Decision A, B Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Wireless Antennas I
F - F/ A1 A2 Varies I
Depends on
application
type
Yes 2 years
19.136.090
Signs
Permits F - A1 A2 - None No 1 year 19.104
Neon, Reader board &
Freeway Oriented Signs I - F F A1 L PM 19.12.110/
300’ No 1 year 19.104
Programs F - A1 A2 - None No 1 year 19.104
Exceptions I
- F - A1 L PM 19.12.110/
Adjacent Yes 1 year 19.104.290
Parking Exceptions I
F F A1 A1 L /A2 Varies M
19.12.110/
Adjacent/
300’ N
Yes 1 year
19.124.050
Fence Exceptions - F - A1 L PM 19.12.110/
Adjacent Yes 1 year 19.48.060
Front Yard Interpretation F - A1 A2 PM 19.12.110/
Adjacent Yes 1 year 19.08
R1 Ordinance Permits
Two-story I F F F/A1 A1 L /A2 Varies I 19.12.110/
Adjacent
Yes 1 year
19.28.140 Minor Residential F - A1 A2 CP No 1 year
Exceptions I - F - A1 L PM Yes 1 year
Protected Trees
Tree Removal F - A1 A2 CP Adjacent/
Depending Yes 1 year 14.18.180
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Type of Permit or Decision A, B Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
on type of
application
Heritage Tree Designation &
Removal - - F A1 PM 19.12.110/
300’ Yes -
14.18
Tree Management Plan F - A1 A2 - None No - 14.18
Retroactive Tree Removal F - A1 A2 - None No - 14.18
Reasonable Accommodation F - A1 A2 - None No 1 year 19.52.050
Extensions O
Parking, Fence & Sign
Exceptions & Front Yard
Interpretations
F - A1 A2 - None No 1 year
Neon, Reader board &
Freeway Oriented Signs F A1 A2 - None No 1 year
Two Story Permits, Minor
Residential Permits and
Exceptions
F A1 A2 - None No 1 year
Tree Removals F - A1 A2 - - No 1 year
All other projects
F - A1 A2 - 19.12.110/
None No 2 years
Key:
R—Review and recommendation body F — Final decision-making body unless appealed
A1 —Appeal Body on first appeal A2 — Appeal body on second appeal
PH – Public Hearing PM – Public Meeting
CP – Comment Period
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Notes:
P. Permits can be processed concurrently with other applications, at the discretion of the
Director of Community Development.
Q. Projects with combined applications shall be processed at the highest level of approval in
conformance with Section 19.04.090.
R. Public Hearing: Projects types that need noticing pursuant to the CA Government Code;
Public Meeting: Project types that need only a mailed notice and no newspaper notices;
Comment Period: Project types that need only a mailed notice and do not need a public
hearing or public meeting.
S. Noticing Radius of an application in a combined application shall correspond to the
maximum noticing radius required for any one of the applications.
T. Expiration date of an application in a combined application shall correspond to the maximum
expiration date allowed for any one of the development applications (not including
Subdivision Map Act applications, General Plan Amendments and Zoning Map or Text
Amendments.)
U. Major General Plan Amendment, Conditional Use Permit, Development Permit application -
for more than ten thousand square feet of commercial and/or industrial and/or office and/or
other non-residential use, or greater than six residential units
V. Minor General Plan Amendment, Conditional Use Permit, Development Permit application -
for ten thousand square feet or less of commercial and/or industrial and/or office and/or other
non-residential use, or six or less residential units.
W. City Council review for applications with new development greater than fifty thousand square
feet of commercial, and/or greater than one hundred thousand square feet of industrial and/or
office and/or other non-residential use, and/or greater than fifty residential units.
Planning Commission review for all other applications.
X. Please see specific zoning district regulations or chapters in this title that apply to the subject
property or project for approval authority.
Y. Major Architectural and Site Approval application - architectural and site approval for all
projects that are not a Minor Architectural and Site Approval application.
Z. Minor Architectural and Site Approval application - single family home in a planned
development zoning district, minor building architectural modifications, landscaping, signs
and lighting for new development, redevelopment or modification in such zones where
review is required and minor modifications of duplex and multi-family buildings.
AA. Appeals of Design Review Committee decisions shall be heard by the City Council.
BB. Parking Exceptions approved by the Director of Community Development need a comment
period.
Parking Exceptions approved by the Design Review Committee need a public meeting.
CC. Parking Exceptions in Single-family residential (R1) zones and Duplex (R2) zones need
adjacent noticing.
All other Parking Exceptions need notices within three hundred feet of the exterior boundary
of the subject property.
DD. Application must be filed prior to expiration date of permit. Permit is extended until
decision of the Approval Body on the one-time extension.
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19.12.040 Authority of the Director of Community Development.
Subject to the provisions of this chapter and general purpose and intent of this title, the
authority of the Director of Community Development is as follows:
H. Grant any permits which are authorized to be issued by the Director pursuant to Section
19.12.030 and any other provisions of this code;
I. Grant parking exceptions for projects that are reviewed in conjunction with permits which
are authorized to be issued by the Director of Community Development pursuant to Section
19.12.030;
J. Grant a variance from site development regulations and parking and loading regulations
(except those handicapped parking regulations mandated by State law) applicable within
any zoning district established by this title;
K. Grant a variance from the special conditions of approval that apply to site development and
parking and loading regulations (including conditions attached to planned developments)
applicable within any zoning district established by this title.
L. Grant a request for reasonable accommodation made by any person with a disability, when
the strict application of the provisions within residential districts acts as a barrier to fair
housing opportunities, pursuant to Chapter 19.52.
M. Make reasonable interpretations of the regulations and provisions of this title, and any
chapter therein, consistent with the legislative intent. Persons aggrieved by an interpretation
of the Director of Community Development may petition the Planning Commission in
writing for review of the interpretation.
N. May refer an application to another Approval Body for review, decision or
recommendation.
19.12.050 Authority of the Design Review Committee.
Subject to the provisions of this chapter and general purpose and intent of this title, the
authority of the Design Review Committee is as follows:
C. Grant any permits and exceptions which are authorized to be issued by the Design Review
Committee pursuant to Section 19.12.030 and any other provisions of this code;
D. Grant parking exceptions for projects that are in conjunction with permits which are
authorized to be issued by the Design Review Committee pursuant to Section 19.12.030.
19.12.060 Authority of the Planning Commission.
Subject to the provisions of this chapter and general purpose and intent of this title, the
authority of the Planning Commission is as follows:
E. Grant any permits which are authorized to be issued by the Planning Commission pursuant
to Section 19.12.030 and any other provisions of this code;
F. Grant parking exceptions for projects that are in conjunction with permits which are
authorized to be issued by the Planning Commission pursuant to Section 19.12.030;
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G. Make recommendations to the City Council on applications in which it is a recommending
body; and
H. Decide on appeals of decisions pursuant to Section 19.12.030.
19.12.070 Authority of the City Council.
Subject to the provisions of this chapter and general purpose and intent of this title, the
authority of the City Council is as follows:
C. Grant any permits which are authorized to be issued by the City Council pursuant to
Section 19.12.030 and any other provisions of the code;
D. Decide on appeals of decisions pursuant to Section 19.12.030.
19.12.080 Application Process
The following provisions outline the requirements for the filing of applications for permits,
entitlements, amendments, and approvals. Unless otherwise specified in this title, all
applications for permits, entitlements, amendments and approvals required by this title shall be
filed in compliance with this section.
Applications for permits, permit modifications, amendments and other matters pertaining to
this Chapter shall be filed with the Director of Community Development with the following:
D. An application for permit may be made by the owner of record, his or her agent, lessee(s) of
property, or person(s) who have contracted to purchase or lease property contingent upon
their ability to acquire the necessary permit under this title and who have written
authorization from the property owner to make an application.
E. Application shall be made on a form provided by the City, and shall contain the following,
unless waived by the Director of Community Development based on the scope of the
proposed project:
18. A complete legal description of the subject property and map showing the location of
the property for which the permit is sought;
19. A preliminary title report of the subject property;
20. The proposed site development plan indicating: the location of all buildings and
structures; the location and types of land uses; paved areas, such as roadways,
driveways and walkways; and general landscaping scheme;
21. Architectural drawings of the proposed development, building additions or other
structures. Drawings shall indicate building height, colors, materials, window treatment
and other architectural features;
22. Maps showing the locations of buildings;
23. Renderings showing building heights and square footages;
24. Maps showing the precise location of roads, streets, alleys and access points;
25. A traffic analysis, if required;
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26. A construction plan,
27. Any property/development with a Homeowner’s Association (HOA) or Architectural
Review Board (ARB) shall provide a letter of approval from said HOA Board or ARB.
28. The Director of Community Development may reasonably require additional
information which is pertinent and essential to the application.
29. Zoning Map or Text Amendments shall also include information required per Chapter
19.152.
a. Zoning applications for Planned Development Zoning Districts shall also include
information required per Section 19.80.040;
b. Zoning applications for Multi-Family (R3) Residential shall also include information
required per Section 19.36.040; and
c. Zoning applications for Residential Single-family Cluster (R1C) initiated by a
property owner, or his or her designee, shall also include items identified in Section
19.44.050H.
30. Planned Development Permit and Development Permit applications shall also include
information required per Section 19.156.010:
31. Conditional Use Permits and Variances shall also include information required per
Section 19.156.020.
32. Density Bonus Permit applications shall also include information required per Section
19.56.060.
33. Conversion of Apartment Projects to Common Interest Developments applications shall
also include information required per Section 19.116.050.
34. Sign Permit Applications should also include information required per Section
19.104.040.
F. Application shall be accompanied by the fee prescribed by City Council resolution, no part
of which shall be returnable to the applicant.
19.12.090 Action by Director.
Upon receipt of an application for a permit, the Director of Community Development shall:
C. Within thirty days determine whether the application is complete or needs additional
information and shall inform the applicant.
D. Not later than a period stipulated in Section 19.12.100, Decision, below:
1. Set a date for a public hearing or public meeting upon the matter at a regular or special
meeting of the approval authority for the project for applications that require a public
hearing or public meeting, or
2. Send notice in accord with the requirements of 19.12.110(D) for applications that do not
need a public hearing or public meeting.
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19.12.100 Decision
Unless postponed or continued with the mutual consent of the Director of Community
Development and the applicant and written confirmation from the applicant, a decision shall be
rendered:
A. No later than sixty (60) days following the date the application is deemed complete and
either categorically exempt under the California Environmental Quality Act (CEQA) or the
adoption of a negative declaration or one hundred and eighty (180) days of certification of
an Environmental Impact Report (EIR).
B. Notwithstanding the above, no later than one hundred and fifty (150) days upon receipt of a
complete application for a new personal wireless communication facility or ninety (90) days
upon receipt of an application for collocation of a personal wireless communication
facility/antennas.
19.12.110 Noticing.
F. Notice of Public Hearing: Noticing shall be provided in conformance with applicable
California Government Code Sections, as may be amended from time to time, for
applications that need a public hearing.
G. Notice of Public Meeting: For projects requiring notice of a public meeting, notice shall be
provided in conformance with California Government Code Section 65091, as may be
amended from time to time, as follows:.
1. Written notice by first class mail to:
a. Each owner of record of real property within the noticing radius per Section
19.12.030 of the exterior boundary of the property for which the application is made
as the owner of record is shown in the last tax assessment roll;
b. Owner(s) of subject site or his or her authorized agent
c. Project applicant(s)
d. Any individual or entity that has filed a written request with the City Clerk
requesting notification of public hearings
e. Local agencies expected to provide water, sewage, streets, roads, schools or other
essential facilities or services to the proposed project;
2. If the number of owners to whom notice would be mailed or delivered pursuant to
subsection C1 above is greater than one thousand, in lieu of mailed or delivered notice,
the Director may provide published notice as provided in Government Code Section
65091 (a)(4).
3. The notice shall contain information pursuant to Government Code Section 65094.
H. Notice of Comment Period: For projects requiring notice of a comment period, notice shall
be mailed in accord with 19.12.110C(1)(a)-(d), fourteen calendar days prior to the date of
action on the application.
3. For permits issued pursuant to Chapter 19.28, Single Family Residential, the mailed
notice shall include a copy of the site plan and elevation plans of the proposed project.
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4. For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice shall
include a copy of the site plan and tree replacement/mitigation plan.
I. The City may also give notice of public hearings/public meetings in any other manner it
deems necessary or desirable. If the Director of Community Development believes the
project may have impacts beyond the range of the mailed notice, particularly on nearby
residential areas, the Director, in his or her discretion, may expand noticing beyond the
stated requirements in Section 19.12.030.
Compliance with the procedures set forth in this section shall constitute a good-faith effort
to provide notice, and the failure to provide notice, and the failure of any to receive notice,
shall not prevent the City from proceeding with a hearing, meeting or from taking any
action nor affect the validity of any action. Typographical and/or publishing errors shall
not invalidate the notice nor any City action related to the notice.
J. Posted Site Notice:
5. Applicants shall install notice(s) on the subject site that is/are clearly visible from the
street in accord with the requirements of Table 19.12.030.
a. Applicants must install a public notice in the front yard of the subject site.
b. For all applications other than Two Story Permits, Residential Design Review and
Tree Removal applications in R1 or R2 zones, if the subject site has more than one
property line abutting a street, the applicant may be required to install more than
one notice.
6. The notice shall be a weatherproof sign, at least 2 feet tall and 3 feet wide, firmly
attached to a 5 foot tall post.
7. The notice shall be placed the same number of days prior to the decision/public hearing
as required for the public hearing or mailed notices per Section 19.12.110 A – C and shall
remain in place until an action has been taken on the application and the appeal period
has passed.
8. The notice shall contain the following:
f. The general location of the property, by text or diagram;
g. A brief general description of the proposed project, the content of which shall be at
the sole discretion of the City;
h. City contact information for public inquiries;
i. A deadline for the submission of public comments;
j. If proposing a physical alteration to an existing building or new buildings, at least
one of the following visual representations of the proposed project:
i. A color perspective drawing or three-dimensional (3-D) photographic simulation
of the proposed project, in a size deemed appropriate by the Director of
Community Development.
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ii. For Two Story Permits and Residential Design Review applications, a color or
black and white perspective drawing or three-dimensional (3-D) photographic
simulation of the proposed project, at least 11 inches by 17 inches in size.
iii. Visual Representation is not required for applications that do not have a material
change in the physical appearance of the property.
19.12.120 Action by Director of Community Development — Administrative.
A. For applications requiring Administrative approval with a public meeting, public hearing or
comment period, the Director of Community Development or his or her designee may,
subject to the requirements of Section 19.12.100, Decision:
1. Issue his or her decision at the conclusion of the public meeting, public hearing or
comment period;
2. Continue the item for additional public hearings, public meetings or comment period; or
3. Defer action by taking the item under advisement and issuing the decision no later than
thirty (30) days following the public meeting, public hearing or comment period.
B. No additional noticing is required if a project is continued.
C. For applications where a public meeting or public hearing is required to be held before the
Director of Community Development, the meeting shall be held in the same manner as a
Design Review Committee meeting.
19.12.130 Action by Design Review Committee and Planning Commission.
A. For applications where the Design Review Committee or Planning Commission is the
Approval Body, it shall render a decision, which is supported by the evidence contained in
the application or presented at the meeting, at the meeting, or at a subsequent meeting after
conclusion of the public hearing or public meeting, subject to the requirements of Section
19.12.100, Decision.
B. For zoning map amendments, on the basis of evidence and testimony presented to the
Planning Commission at the public hearing, the Planning Commission may determine that
the public interest will be served, either by revising the area being considered for
reclassification to include properties not originally part of the application, or by giving
consideration to district classifications not originally requested by the application. The
Planning Commission may, solely at its option, consider additional properties or district
classifications, or both.
C. For applications requiring City Council approval, the reviewing body shall forward its
written findings, determinations and recommendation to the City Council for final action,
subject to the requirements of Section 19.12.100, Decision.
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19.12.140 Action by City Council.
A. Upon receipt of a recommendation of the reviewing body, the City Council may by
resolution approve, modify, or disapprove the recommendation of the reviewing body ,
subject to the requirements of Section 19.12.100, Decision.
B. Upon final approval of a zoning or prezoning application, the City Council shall enact an
ordinance zoning or prezoning the subject property or properties, incorporating within the
ordinance:
1. A Conceptual development plan, if required, and
2. Conditions of approval.
C. For a Development Agreement, the City Council shall enact an ordinance that shall refer to
and incorporate the text of the Development Agreement by reference.
D. For applications requiring City Council approval, the City Council shall issue its decision at
the conclusion of the public hearing or public meeting.
19.12.150 Notice of Decision and Reports.
A. Notice of decision:
1. The decision for applications approved with a public meeting or public hearing shall be
mailed to the property owner and applicant at the address shown on the application.
2. The decision for applications approved with a notice period shall be mailed to the
property owner and the applicant at the address shown on the application and any
person who has commented on the proposed project within the notice period.
3. The decision shall contain the following:
a. Applicable findings;
b. Any reasonable conditions or restrictions deemed necessary to secure the purpose of
this title and to assure operation of the development and/or use in a manner
compatible with existing and potential uses on adjoining properties and in the
general vicinity; and
c. Reporting/monitoring requirements deemed necessary to mitigate any impacts and
protect the health, safety and welfare of the city.
4. The decision of the Director of Community Development, Design Review Committee or
Planning Commission shall be final unless appealed in accord with Section 19.12.170,
Appeals. A decision of the City Council shall be final.
B. Reports: The Director of Community Development shall endeavor to forward reports,
within five calendar days from the date of the decision, to the:
1. Planning Commission and the City Council of a decision by the Director of Community
Development
2. Planning Commission and the City Council of a decision by the Design Review
Committee.
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3. City Council of a decision by the Planning Commission.
19.12.160 Effective date.
A. A permit approved by the City Council shall take effect ten days following the date that the
findings are adopted.
B. Specific Plans, General Plan Amendments, Zoning Ordinance/Map Amendments, and
Development Agreements shall become effective thirty (30) days following the final date of
action (e.g., adoption) by the City Council.
C. All other permits shall take effect fourteen calendar days following the date that the
findings are adopted by the appropriate Approval Body, unless an appeal is filed as
provided in Section 19.12.170.
19.12.170 Appeals
A. An appeal may be filed by any person, firm or corporation aggrieved or affected by any
grant, denial, modification or revocation of any permit, or any determination or
interpretation related to any provision of this title.
B. Filing:
1. An appeal shall be in writing on forms prescribed by the City and shall be filed during
regular office hours with the City Clerk within fourteen calendar days after the City
decision or if a notice of decision is not required, from the date of the decision or
determination, under this title. An appeal not filed within such time shall be barred. The
appeal shall state the grounds and basis thereof.
2. Appeals under this chapter are subject to an appeal fee as prescribed by resolution of the
City Council.
C. Noticing: Notice of hearing shall be given in the same manner in which the original notice
was given. If a project with no noticing is appealed, appropriate noticing shall be
determined by the Director of Community Development.
D. Appeal hearing body shall be determined in accord with Section 19.12.030, Approval
Authority.
E. Decision of the appeal hearing body: The decision or determination of the appeal hearing
body on any appeal shall be final and effective immediately.
F. Notice of Decision: Notice of the appeal hearing body’s decision shall be mailed to the
original applicant, to the person filing the appeal, and to any other person who has filed a
written request with the City Clerk.
19.12.180 Expiration, Extension and Revocation.
A. Expiration.
1. Approval on a permit or variance shall become null and void and of no effect, within the
time frame specified in Section 19.12.030 following its issuance, unless a shorter or
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longer time period is specifically prescribed in the conditions of permit or variance,
unless:
a. A building permit is filed and accepted by the City (fees paid and control number
issued.) In the event that a building permit expires for any reason, the permit shall
become null and void.
b. The permit or variance has been used A permit or variance shall be deemed to be
"used" when actual substantial and continuous activity has taken place upon the
land subject to the permit or variance or, in the event of the erection or modification
of a structure or structures, when sufficient building activity has occurred and
continues to occur in a diligent manner.
2. Notwithstanding subsection 1 of this section, if the use for which a conditional use
permit was granted and utilized has ceased or has been suspended for one year or more,
the permit becomes null and void.
3. Unless a variance or exception has expired pursuant to subsection 1 of this section, it
shall continue to exist for the life of the existing structure or such structure as may be
constructed pursuant to the approval unless a different time period is specified in its
issuance. A variance or exception from the parking and loading regulations, and a sign
exception shall be valid only during the period of continuous operations of the use
and/or structure for which the variance or exception was issued.
B. Extensions. A permit or variance may, in accord with Section 19.12.030, Approval Authority,
be extended, one-time only, for the time frame specified in Section 19.12.030, upon timely
submittal of an application with the Director of Community Development prior to
expiration.
C. Revocation
1. Process. In any case where, in the judgment of the Director, substantial evidence
indicates that the conditions of a permit or variance have not been implemented, or
where the permit or variance is being conducted in a manner detrimental to the public
health, safety, and welfare, the Director shall set a date for a public hearing before the
decision maker granting the original permit or variance, and notice a public hearing in
accordance with Section 19.12.110, Noticing, of this code.
2. Findings: A permit may be revoked or modified if any one of the following findings can
be made:
i. That the permit was obtained by misrepresentation or fraud;
ii. That the improvement, use or activity authorized in compliance with the permit had
ceased or was suspended for one year or more;
iii. That one or more of the conditions of the permit have not been met; or
iv. That the owner or occupant of the property is conducting the use or any associated
or other use of the property in violation of the law.
v. In the case of revocation of a sign permit, the sign was abandoned for a period of
thirty days.
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ATTACHMENT V
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CHAPTER 19.20 - PERMITTED, CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL ZONES
Section
19.20.010 Applicability of Regulations
19.20.020 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones
19.20.010 Applicability of Regulations
No building or structure or land shall be used in an A, A-1, R-1, RHS, R1C, R-2, or R-3 zoning district, otherwise than in
conformance with the provisions of this chapter.
19.20.020 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones
Table 19.20.020 sets forth the Permitted, Conditional and Excluded Uses in Agricultural and Residential zones
Table 19.20.020 – Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones
Zoning Districts
A A-1 R-1 RHS R1C R-2 R-3
Uses
1. Agriculture, horticulture, viticulture and forestry, including the
following and similar uses: P P - - - - -
a. Field and truck crops, including drying and storage, P P - - - - -
b. Orchards and vineyards, including bottling and storage, P P - - - - -
c. Tree farms, botanical conservatories and arboreta, P P - - - - -
d. Barns and sheds, P P - - - - -
e. Keeping of draft animals, animals providing products used on
the property, P P - - - - -
f. Livestock ranches and dairy farms depending mainly on
grazing on the property, P CUP -
PC - - - - -
g. Processing of dairy products produced on the property, P CUP -
PC - - - - -
h. Poultry raising and hatcheries, P CUP -
PC - - - - -
i. Apiaries, P CUP -
PC - - - - -
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Zoning Districts
A A-1 R-1 RHS R1C R-2 R-3
Uses
j. Nurseries, greenhouses and landscaping gardens, P CUP -
PC - - - - -
k. Boarding kennels, CUP -
PC
CUP -
PC - - - - -
l. Animal breeding; P CUP –
Admin. - - - - -
2. Fur farms - CUP -
PC - - - - -
3. Retail sale of wine, fruit or berries produced on the property; CUP -
CC
CUP -
CC - - - - -
4. Single-family dwelling unit with not more than one dwelling
unit per lot/defined air space for condominiums; P P P P P - -
5. Two-story structures in an area designated for a one-story
limitation pursuant to Section 19.28.060 G(6) of this chapter,
provided that the Planning Commission determines that the
structure or structures will not result in privacy impacts,
shadowing, or intrusive noise, odor, or other adverse impacts to
the surrounding area;
- - CUP -
PC - - - -
6. Employee housing:
a. For six or fewer employees in each dwelling unit on each lot P P P P P P P
b. With no more than 36 beds in group quarters or 12 units/ spaces
designed for use by a single family or household on each lot
P P - CUP-
Admin. - - -
7. A second dwelling unit
a. Which conforms to the requirements of Chapter 19.112; P P P P - - -
b. Which requires a conditional use permit pursuant to Chapter
19.112;
CUP –
Admin.
CUP –
Admin.
CUP –
Admin.
CUP –
Admin. - - -
8. Multiple-family residential dwellings - - - - - - P
9. Accessory facilities and uses customarily incidental to permitted
uses and otherwise conforming with the provisions of Chapter
19.100 of this title;
P P P P P P P
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Zoning Districts
A A-1 R-1 RHS R1C R-2 R-3
Uses
10. Utility facilities essential to provision of utility services to the
neighborhood but excluding business offices, construction or
storage yards, maintenance facilities, or corporation yards;
P P P P P P CUP –
CC
11. Temporary buildings for construction purposes (including
trailers) for a period not to exceed the duration of such
construction;
- - - - - - P
12. Home occupations;
a. When accessory to permitted use and otherwise conforming to
the provisions of Chapter 19.120 of this title; P P P P P P P
b. Requiring a Conditional Use Permit pursuant to Chapter 19.120
of this title;
CUP –
Admin.
CUP –
Admin.
CUP –
Admin.
CUP –
Admin.
CUP –
Admin.
CUP –
Admin.
CUP –
Admin.
13. Small-family day care home per dwelling unit; P P P P P P P
14. Large-family day care home per dwelling unit;
a. Which meets the parking criteria contained in Chapter 19.124,
and which is at least three hundred feet from any other large-
family day care home.
The Director of Community Development or his or her designee
shall administratively approve large day care homes to ensure
compliance with the parking and proximity requirements;
P P P P P P CUP –
Admin.
b. Which otherwise does not meet the criteria for a permitted use.
The conditional use permit shall be processed as provided by
CA Health and Safety Code Section 1597.46 (3);
CUP –
Admin.
CUP –
Admin.
CUP –
Admin.
CUP –
Admin.
CUP –
Admin.
CUP –
Admin.
CUP –
Admin.
15. Residential care facility with six or fewer residents, not including
the provider, provider family or staff , provided that the facility
obtains any license, if required, issued by appropriate State
and/or County agencies and/or departments;
P P P P P P P
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Zoning Districts
A A-1 R-1 RHS R1C R-2 R-3
Uses
16. Residential care facility, in each dwelling unit, with seven or
greater residents, not including the provider, provider family or
staff, and is a minimum distance of five hundred feet from the
property boundary of another residential care facility, provided
that the facility obtains any license, if required, issued by
appropriate State and/or County agencies and/or departments;
CUP -
PC
CUP -
PC
CUP -
PC
CUP -
PC
CUP –
PC *
CUP -
PC
CUP –
PC
17. Congregate residence, in each dwelling unit:
a. With six or fewer residents P P P P P P P
b. With seven or greater residents which is a minimum distance of
one thousand feet from the boundary of another congregate
residence and has a minimum of seventy-five square feet of
usable rear yard area per occupant
CUP –
PC
CUP –
PC
CUP –
PC
CUP –
PC
CUP –
PC *
CUP –
PC
CUP –
PC
18. Transitional housing located in housing of a type permitted in
the zone; P P P P P P P
19. Supportive housing located in housing of a type permitted in the
zone; P P P P P P P
20. Horticulture, gardening, and growing of food products:
a. Recreational for personal use; P P P P P P -
b. Limited to maximum of ten percent of the lot area and for
consumption by occupants of the site; - - - - - - P
c.
Produce grown on site may be sold if the business activity is
conducted in a manner consistent with Chapter 19.120, Home
Occupations;
- - - P - - -
d. Commercial purposes; See #1 See #1 - CUP –
Admin. - - -
21. Limited commercial recreation uses, such as riding clubs and
related stables and trails, golf courses, swimming and picnic
grounds,
- - - CUP -
PC
- - -
22. Golf courses and driving ranges; CUP -
CC
CUP -
CC - - - - -
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Zoning Districts
A A-1 R-1 RHS R1C R-2 R-3
Uses
23. Commercial swimming pools and picnic areas; CUP -
CC
CUP -
CC - - - - -
24. Temporary uses subject to regulations established by Chapter
19.156
CUP –
Admin.
CUP –
Admin.
CUP –
Admin.
CUP –
Admin.
CUP –
Admin
CUP –
Admin.
CUP –
Admin.
25. Buildings or structures which incorporate solar design features
that require variation from setbacks upon a determination by the
Director that the design feature, or features, will not result in
privacy impacts, shadowing, or intrusive noise, odor, or other
adverse impacts to the surrounding area.
CUP –
Admin.
CUP –
Admin. - CUP –
Admin.
- - -
26. Transmission lines, transformer stations, television and radio
towers, and other public utility and communication structures;
CUP -
PC
CUP -
PC - - - - -
27. Adult (over 4 months of age) household pets per dwelling unit,
limited as follows:
a. No specified number P P - - - - -
b. Maximum of four, provided no more than two adult dogs or
cats may be kept on the site
- - P - P P P
c. Limited to one per three thousand square feet of lot area, except:
- - - P † - - -
1. Dogs are limited to a maximum of two on lots less than one
acre and four for lots greater than one acre,
2. The number of geese, ducks, chickens, rabbits and other farm
animals are not limited on a site greater than one acre
28. Litter of dogs or cats up to four months of age:
a. No specified number P P - P - - -
b. Maximum of one - - P - P P P
29. Large animals, provided no animals are kept, maintained and
raised for commercial purposes, limited as follows:
See #1 See #1 - P † - - -
a.
Two large animals for the first 40,000 square feet of land area,
except mules and donkeys which require 80,000 square feet for
the first animal,
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Zoning Districts
A A-1 R-1 RHS R1C R-2 R-3
Uses
b. One additional large animal for each additional 20,000 square
feet of land area,
c.
One additional large animal if said animal is raised for a 4H
project, a project sponsored by a recognized agricultural
organization or a school project,
30. The keeping of any animal not otherwise permitted above in #27,
28, and 29;
- - - CUP –
Admin. - - -
31. Riding academies, commercial stables, and the boarding of
horses;
CUP -
CC
CUP -
CC - - - - -
32. Noncommercial stables, and the keeping of riding horses:
a. Limited to three horses on each lot at any time except that
additional foals may be retained for a period of six months; P P - - - - -
b. In excess of the number permitted in 32(a) CUP –
CC
CUP –
CC - - - - -
33. Cemeteries, crematoriums, mausolea, and columbariums CUP -
CC
CUP -
CC - - - - -
34. Mines, quarries and gravel pits; CUP -
CC
CUP -
CC - - - - -
35. Guest ranches; CUP -
CC
CUP -
CC - - - - -
36. Public and quasi-public buildings and uses. CUP -
CC
CUP -
CC - - - - -
37. Hog farms; Ex Ex - - - - -
38. Cattle farms mainly depending upon feed brought onto the
property; Ex Ex - - - - -
39. Slaughterhouses, fertilizer yards, feed yards, boneyards or plants
for the reduction of animal matter; Ex Ex - - - - -
40. Commercial feed sales; Ex Ex - - - - -
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Zoning Districts
A A-1 R-1 RHS R1C R-2 R-3
Uses
41. Other semiagricultural uses mainly depending upon raw
materials, semifinished products, or feed brought on to the
property;
Ex Ex - - - - -
42. Other agricultural uses which, in the opinion of the Director of
Community Development, create a private or public nuisance. Ex Ex - - - - -
Key:
P – Permitted Use
- – Not Allowed
CUP – Admin. – Conditional Use Permit issued by the Director of Community Development
CUP – PC – Conditional Use Permit issued by the Planning Commission
CUP – CC – Conditional Use Permit issued by the City Council
* May be permitted in locations where the use is compatible with existing and planned uses within the development area
in the opinion of the Director of Community Development,
† The required lot area for a large animal shall not be included in the required lot area for a household pet or vice versa,
except that a maximum of two household pets may be kept with large animals,
All animals must be kept and maintained in accordance with other Cupertino or Santa Clara County codes and
ordinances,
Ex - Excluded Uses
525
ATTACHMENT VI
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CHAPTER 19.56: DENSITY BONUS
Section
19.56.010 Purpose.
19.56.020 Applicability of Regulations.
19.56.030 Density Bonus.
19.56.040 Incentives/Concessions.
19.56.050 General Requirements.
19.56.060 Application Requirements.
19.56.070 Findings.
19.56.010 Purpose.
The density bonus ordinance codified in this chapter is intended to comply with the State
Density Bonus Law, Government Code Section 65915, which provides that a local agency shall
adopt an ordinance specifying how the agency will comply with that section.
19.56.020 Applicability of Regulations.
A. Housing developments resulting in a net increase of at least five units (excluding density
bonus units) are eligible for a density bonus as provided in this chapter, when the applicant
for the housing development agrees or proposes at least one of the following:
1. Construct:
a. Ten percent of the total units affordable to lower income households at affordable
rent or affordable housing cost; or
b. Five percent of the total units affordable to very low income households at affordable
rent or affordable housing cost; or
c. Ten percent of the total units proposed in a common interest development for sale to
moderate income households, provided that all units in the development are offered
to the public for purchase; or
d. A senior citizen housing development.
2. Donate land in accordance with Section 19.56.030C;
3. Provide affordable housing in a condominium conversion project in accordance with
Section 19.56.030E.
B. In addition to meeting the requirements of 19.56.020A, housing developments which
include a child care facility in accordance with Section 19.56.030D, is entitle to an additional
density bonus;
C. An applicant may also submit a proposal for specific incentives or concessions to be granted
in conjunction with the density bonus, as provided in Section 19.56.040;
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D. The granting of a density bonus, incentive or concession, in and of itself, shall not require a
general plan amendment, zone change, or other discretionary approval and shall be
reviewed concurrently with the review of the housing development.
19.56.030 Density Bonus
A. Housing developments that meet the criteria in Section 19.56.020A(1) are eligible for a
maximum density bonus as set forth in Table 19.56.030.
Table 19.56.030: Density Bonus Calculations
Percentage of Affordable Units
Provided in Income Category
Very Low Income
Units
Low Income
Units
Moderate Income
Units
5% 20% - -
6% 22.5% - -
7% 25% - -
8% 27.5% - -
9% 30% - -
10% 32.5% 20% 5%
11% 35% 22% 6%
12% 35% 23% 7%
13% 35% 25% 8%
14% 35% 26% 9%
15% 35% 28% 10%
16% 35% 29% 11%
17% 35% 31% 12%
18% 35% 32% 13%
19% 35% 34% 14%
20% 35% 35% 15%
21% 35% 35% 16%
22% 35% 35% 17%
23% 35% 35% 18%
24% 35% 35% 19%
25% 35% 35% 20%
26% 35% 35% 21%
27% 35% 35% 22%
28% 35% 35% 23%
29% 35% 35% 24%
30% 35% 35% 25%
31% 35% 35% 26%
32% 35% 35% 27%
33% 35% 35% 28%
34% 35% 35% 29%
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Percentage of Affordable Units
Provided in Income Category
Very Low Income
Units
Low Income
Units
Moderate Income
Units
35% 35% 35% 30%
36% 35% 35% 31%
37% 35% 35% 32%
38% 35% 35% 33%
39% 35% 35% 34%
40% 35% 35% 35%
B. Senior housing developments are entitled to a maximum density bonus of 20 percent
provided the development comprises of at least 35 units, conforms with Civil Code Section
51.3 and the units are reserved for qualifying residents. The development does not have to
provide affordable units.
C. Donation of Land:
1. When an applicant donates land to the City in accordance with the requirements of
Section 19.56.020C(2), the development shall be entitled to a 15 percent density bonus.
The development is entitled to an additional one percent density bonus for the donation
of land that would allow the development of an additional one percent of affordable
units above the minimum requirements in Section 19.56.020C(2), up to a maximum of 35
percent.
2. The donation of land must meet the following requirements:
a. The land shall be donated and transferred no later than the date of approval of the
application.
b. The developable acreage and zoning classification of the land being transferred are
sufficient to permit construction of units affordable to very low income households in
an amount not less than 10 percent of the number of residential units of the proposed
development.
c. The transferred land is at least one acre in size or of sufficient size to permit
development of at least 40 units, has the appropriate General Plan designation, is
appropriately zoned with appropriate development standards for development at the
density described in Government Code Section 65583.2(c)(3), and is or will be served
by adequate public facilities and infrastructure.
d. The transferred land shall have all of the permits and approvals, other than building
permits, necessary for the development of the very low income housing units on the
transferred land not later than the date of approval of the final subdivision map,
parcel map, or residential development application, except that the City may subject
the proposed development to subsequent design review to the extent authorized by
Government Code Section 65583.2(i) if the design is not reviewed by the City prior to
the time of transfer.
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e. The land shall be transferred to the City or to a housing developer approved by the
City. The City may require the applicant to identify and transfer the land to the
developer.
f. The transferred land shall be within the boundary of the proposed development or, if
the City agrees, within one-quarter mile of the boundary of the proposed
development.
g. A proposed source of funding for the very low income units shall be identified not
later than the date of approval of the proposed development.
h. The transferred land and the affordable units shall be subject to a deed restriction
ensuring continued affordability of the units consistent with Government Code
Section 65915(c)(1) or (2), as applicable.
D. Provision of Child Day Care Facilities
1. When a housing development is proposed that contains affordable housing as provided
in Section 19.56.030A and includes a child day care facility that will be located on the
premises of, as part of, or adjacent to, the project, the City shall grant either of the
following, except as specifically stated elsewhere:
a. An additional density bonus in residential square footage that is equal to or greater
than the square footage of the child day care facility.
b. An additional concession or incentive that contributes significantly to the economic
feasibility of the construction of the child day care facility in accordance with Section
19.56.040.
2. The City shall also require that as a condition of approving the housing development:
a. The child day care facility shall remain in operation for a period of time that is as long
as or longer than the period of time during which the affordable units are required to
remain affordable.
b. Of the children who attend the child day care facility, the children of very low income
households, lower income households, or families of moderate income shall equal a
percentage that is equal to or greater than the percentage of dwelling units that are
required for very low income households, lower income households, or families of
moderate income.
3. Notwithstanding any requirement of this subdivision, the City shall not be required to
provide a density bonus or concession for a child day care facility if the City finds, based
upon substantial evidence, that the community has adequate child day care facilities.
E. Condominium Conversions
1. When an applicant for approval to convert apartments to a condominium project agrees
to provide at least 33 percent of the total units of the proposed condominium project to
low or moderate income households, or 15 percent of the total units of the proposed
condominium project to lower income households, and agrees to pay for the reasonably
necessary administrative costs incurred by the City, the City shall either:
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a. Grant a density bonus of 25 percent over the number of apartments to be provided
within the existing structure or structures proposed for conversion; or
b. Provide other incentives of equivalent financial value. This shall not require the City
to provide cash transfer payments or other monetary compensation but may include
the reduction or waiver of requirements which the City might otherwise apply as
conditions of conversion approval.
2. The City may place such reasonable conditions on the granting of a density bonus or
other incentives of equivalent financial value as the City finds appropriate, including but
not limited to, conditions which assure continued affordability of units to subsequent
purchasers who are persons and families of low and moderate income or lower income
households.
3. An application shall be ineligible for a density bonus or other incentives under this
section if the apartments proposed for conversion constitute a housing development for
which a density bonus or other incentives were previously provided under Government
Code Section 65915.
4. Nothing in this section shall be construed to require the City to approve a proposal to
convert apartments to condominiums.
F. Density Bonus Calculations:
1. A density bonus may be selected from only one income or development category listed
above, except that density bonuses for land donation may be combined with others, up to
a maximum of 35 percent, and an additional square-foot bonus may be granted for a
child day care facility as provided in Section 19.56.030C.
2. In determining the number of density bonus units to be granted, any fractions of density
bonus units shall be rounded up to the next whole number.
3. Density bonus units authorized by this section shall not be included when determining
the number of affordable units, required to qualify for the density bonus. In determining
the number of affordable units, any fractions of affordable units shall be rounded up to
the next whole number.
4. An applicant may request a lower density bonus than the housing development is
entitled to, but no reduction will be permitted in the percentage of required affordable
units as shown in Section 19.56.020.
5. Regardless of the affordable units, no housing development will be entitled to a density
bonus of more than 35 percent unless approved by the City pursuant to Section
19.56.030F(7).
6. The City, at its discretion, may grant additional density bonuses. While the maximum
density bonus, the City is required to provide pursuant to State Law, is thirty-five (35)
percent; this is not the maximum amount that an applicant may obtain. An applicant may
negotiate with the City to obtain a density bonus higher than the maximum set forth in
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Table 19.56.030 in exchange for including even more affordable units than are provided
in the table and/or the provision of other amenities or considerations.
7. For purposes of calculating a density bonus, the residential units do not have to be based
upon individual subdivision maps or parcels. The density bonus shall be permitted in
geographic areas of the housing development other than the areas where the affordable
units are located.
19.56.040 Incentives and Concessions.
A. A housing development is eligible for Incentives and Concessions as shown in Table
19.56.040A. Incentives and Concessions must be selected from only one category (very low,
low, or moderate). No incentives are available for land donation or for a senior citizen
housing development that is not affordable. Condominium conversions and day care
centers may have one incentive or a density bonus, at the City's option, but not both.
Table 19.56.040A: Incentives and Concessions Calculations:
Unit Type Percent of
Affordable Units
Number of
Incentives/Concessions
Very Low Income
Units
5% or greater 1
10% or greater 2
15% or greater 3
Low Income Units
10% or greater 1
20% or greater 2
30% or greater 3
Moderate Income
Units
10% or greater 1
20% or greater 2
30% or greater 3
B. For purposes of this chapter, permissible concessions and incentives include, but are not
limited to:
1. A reduction of development standards or a modification of zoning code requirements or
architectural design requirements that exceed the minimum building standards approved
by the California Building Standards Commission as provided in Part 2.5 (commencing
with Section 18901) of Division 13 of the Health and Safety Code, including but not
limited to, a reduction in setback requirements, square footage or parking requirements,
such that the reduction or modification results in identifiable, financially sufficient, and
actual cost reductions.
2. Approval of mixed-use zoning in conjunction with the housing project if commercial,
office, industrial or other land uses will reduce the cost of the housing development, and
if the commercial, office, industrial or other land uses are compatible with the housing
project and the existing or planned development in the area where the proposed housing
project will be located;
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3. Other regulatory incentives or concessions proposed by the developer or the City, which
result in identifiable financially sufficient and actual cost reductions.
C. Nothing in this section requires the provision of direct financial incentives for the housing
development, including but not limited to the provision of financial subsidies, publicly
owned land by the City or the waiver of fees or dedication requirements. The City, at its sole
discretion, may choose to provide such direct financial incentives;
D. An applicant may submit to the City a proposal for the waiver or reduction of development
standards that will have the effect of physically precluding the construction of a
development meeting the criteria outlined in Section 19.56.020 at the densities or with the
concessions or incentives permitted under this chapter. A proposal for the waiver or
reduction of development standards shall neither reduce nor increase the number of
incentives or concessions to which the applicant is entitled. The applicant shall bear the
burden of demonstrating that the development standards that are requested to be waived
will have the effect of physically precluding the construction of the housing development
with the density bonuses and incentives.
E. If the housing development is eligible for density bonus as provided in Section 19.56.020,
upon request of the applicant, the maximum off-street parking standards that can be
applied, inclusive of handicapped and guest parking are indicated in Table 19.56.040B.
These may include tandem and uncovered parking spaces.
Table 19.56.040B: Off-street parking standards with
Number of bedrooms Maximum number of off-street parking spaces
0 – 1 One (1)
2 – 3 Two (2)
4 + Two and one-half (2.5)
F. A housing development which requests incentives or concessions must show that the
requested concessions are required to provide for affordable rents or affordable housing
costs, as applicable.
19.56.050 General Requirements.
A. Affordable for-sale and rental low and very low income units must remain affordable to low
or very low income households, as applicable, for thirty years or for a longer period of time
if required by a construction or mortgage financing assistance program, mortgage insurance
program, or rental subsidy program. Affordable for-sale moderate income units must
remain affordable to moderate-income households for the duration required by the City’s
Residential Housing Mitigation Program or for a longer period of time if required by a
construction or mortgage financing assistance program, mortgage insurance program, or
rental subsidy program. Sales price for for-sale affordable very low, low, and moderate
income units shall be set at affordable housing cost. Rents for affordable low and very low
income rental units shall be set at an affordable rent.
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B. The affordable dwelling units and land dedication that qualify a housing development for a
density bonus may also be used to meet the below-market-rate housing provisions of the
City’s Residential Housing Mitigation Program, provided that the affordable units and land
dedication comply with the requirements of both Chapter 19.56, Density Bonus, and the
Residential Housing Mitigation Program regarding the required number of affordable units,
required level of affordability, and term of affordability so as to provide the greatest
affordability to the most households for the longest term.
C. Unless otherwise governed by other funding sources, first priority for the affordable units
will be given to individuals who reside, work, go to school, or have family in the City of
Cupertino.
D. A master regulatory agreement shall be made between the developer and the City which
indicates the household type, number, location, size and construction scheduling of all
affordable units, and such information as shall be required by the City for the purpose of
determining the developer's compliance with this chapter. The regulatory agreement shall
be recorded against the housing development prior to final or parcel map approval or,
where a map is not being processed, prior to issuance of any building permits, and shall be
binding on all future owners and successors in interest.
E. Affordable units in a project and phases of a project shall be constructed concurrently with
or prior to the construction of market-rate units.
F. Affordable units shall be provided as follows:
1. Affordable units shall be dispersed throughout the project;
2. Affordable units shall be identical with the design of any market rate rental units in the
project with the exception that a reduction of interior amenities for affordable units will
be permitted upon prior approval by the City Council as necessary to retain project
affordability.
G. The developer shall submit a project financial report (pro forma) demonstrating that the
requested incentives or concessions are required to provide for affordable rents or
affordable housing costs, as applicable. The City may retain a consultant to review the
financial report. The cost of the consultant shall be borne by the developer with the
following exception:
1. If the applicant is a nonprofit organization, the cost of the consultant may be paid by the
City upon prior approval of the City Council.
H. All affordable units shall be occupied by the household type specified in the written
agreement required under Section 19.52.050C. The developer’s obligation to maintain these
units as affordable housing shall be evidenced by the master regulatory agreement which
shall be recorded as deed restriction running with the land.
I. Prior to the rental or sale of any affordable unit, the City or its designee, shall verify the
eligibility of the prospective tenant or buyer.
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J. The City may establish fees associated with the setting up and monitoring of affordable
units.
K. For rental affordable very low and low income units:
1. The owner shall obtain and maintain on file certifications by each household.
Certification shall be obtained immediately prior to initial occupancy by each household
and annually thereafter, in the form provided by the City or its designee. The owner
shall obtain updated forms for each household on request by the City, but in no event
less frequently than once a year. The owner shall maintain complete, accurate and
current records pertaining to the housing development, and will permit any duly
authorized representative of the City to inspect the records pertaining to the affordable
units and occupants of these units.
2. The owner shall submit an annual report to the City, on a form provided by the City.
The report shall include for each affordable unit the rent, income, and family size of the
household occupying the unit.
3. The owner shall provide to the City any additional information required by the City to
insure the long-term affordability of the affordable units by eligible households.
19.56.060 Application Requirements.
A. An applicant may submit a preliminary proposal for housing development pursuant to this
chapter prior to the submittal of any formal application.
B. All requests pursuant to this Chapter shall be submitted to the City concurrently with the
application for the first discretionary permit or other permit required for the housing
development and shall be process concurrently with the discretionary application following
the review process as set forth for permits in Chapter 19.12, Administration of the Cupertino
Municipal Code established by the City. The applicant shall provide additional information
as specified in this chapter, specifically:
1. Provide a written statement specifying the desired density increase, incentives and any
waivers requested, proposed rent schedules and/or sales prices, and the type, location,
size and construction scheduling of all dwelling units;
2. Submit a project financial report (pro forma) demonstrating that the requested
incentives will result in identifiable, financially sufficient, and actual cost reductions to
the housing development and they are required to provide for affordable rents or
affordable housing costs, as applicable. The pro forma shall include the capital costs,
operating expenses, return on investment, loan-to-value ratio and the debt coverage
ratio including the contribution(s) provided by any applicable subsidy program(s), as
required;
3. An appraisal report indicating the value of the density bonus and of the
incentive(s)/concession(s);
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4. A use of funds statement identifying the financial gaps for the housing development
with the affordable housing units. The analysis shall show how the funding gap relates
to the incentive(s)/concession(s);
5. For any requested waiver of a development standard, evidence that the development
standard for which the waiver is requested will have the effect of physically precluding
the construction of the housing development with the density bonus and incentives
requested.
6. If a mixed use building or project is proposed as an incentive, evidence that non-
residential land uses will reduce the cost of the housing development and that the non-
residential land uses are compatible with the development and the existing or planned
development in the area.
7. If a density bonus is requested for a land donation, the location of the land to be
dedicated, proof of site control, and evidence that each of the requirements included in
Section 19.56.030C can be met.
8. If a density bonus or incentive is requested for a child care facility, evidence that all of
the requirements in Section 19.56.030D can be met.
9. If a density bonus or incentive is requested for a condominium conversion, evidence that
all of the requirements in Section 19.56.030E can be met.
10. Any other information requested by the Director of Community Development to
determine if the required findings can be made.
19.56.070 Findings.
A. Before approving an application that includes a request for a density bonus, incentive,
parking reduction and/or waiver pursuant this chapter, the decision-making body shall
make the following findings, as applicable:
1. A finding that the residential project is eligible for the density bonus and any incentives,
parking reductions or waivers requested.
2. A finding that any requested incentive will result in identifiable, financially sufficient,
and actual cost reductions based upon the financial analysis and documentation
provided.
3. If the density bonus is based all or in part on donation of land, a finding that all the
requirements included in Section 19.56.030C have been met.
4. If the density bonus or incentive is based all or in part on the inclusion of a child care
facility, a finding that all the requirements included in Section 19.56.030D have been
met.
5. If the density bonus or incentive is based on a condominium conversion, a finding that
all the requirements included in Section 19.56.030E have been met.
6. If the incentive includes mixed-use development, a finding that all the requirements
included in Section 19.56.040B(2) have been met.
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7. If a waiver is requested, a finding that the development standards for which the waiver
is requested would have the effect of physically precluding the construction of the
housing development with the density bonus and incentives permitted.
B. If the findings required by subsection (A) of this section can be made, the decision-making
body may deny an application for an incentive or waiver requested pursuant to Section
19.56.040 only if it makes one of the following written findings as applicable to each type of
application, supported by substantial evidence:
1. That the incentive is not required to provide for affordable rents or affordable sales
prices; or
2. That the incentive or waiver would have an adverse impact on real property listed in the
California Register of Historic Resources; or
3. That the incentive or waiver would have a specific, adverse impact upon public health
or safety or the physical environment, and there is no feasible method to satisfactorily
mitigate or avoid the specific adverse impact without rendering the residential project
unaffordable to low and moderate income households. For the purpose of this
subsection, "specific adverse impact" means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified, written public health or safety
standards, policies, or conditions as they existed on the date that the application for the
residential project was deemed complete; or
4. That the incentive or waiver is contrary to state or federal law.
C. If the findings required by subsection (A) of this section can be made, the decision-making
body may deny an application for a density bonus or incentive that is based on the
provision of child care only if it makes a written finding, based on substantial evidence, that
the city already has adequate child care facilities.
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ATTACHMENT VII
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CHAPTER 19.76: PUBLIC BUILDING (BA), QUASI PUBLIC BUILDING (BQ)
ANDTRANSPORTATION (T) ZONES
Section
19.76.020 Applicability of Regulations.
19.76.030 Permitted, Conditional and Excluded Uses in BA, BQ and T Zones.
19.76.040 Permits Required for Development.
19.64.050 Application Requirements.
19.64.060 Site Development Regulations.
19.76.010 Purpose.
The BA, BQ and T zoning districts are designed to accommodate governmental, public utility,
educational, religious, community service, transportation, or recreational facilities in the City.
19.76.020 Applicability of Regulations.
The specific regulations of this chapter shall apply to all BA, BQ and T zoning districts.
19.76.030 Permitted, Conditional and Excluded Uses in BA, BQ and T Zones.
Permitted, Conditional and Excluded Uses that may be conducted from property zoned Public
Building (BA), Quasi-Public Building (BQ), and Transportation (T) are identified in Table
19.76.030, Permitted, Conditional and Excluded Uses in Public, Quasi-Public and
Transportation Zoning Districts.
Table 19.76.030 – Permitted, Conditional, and Excluded Uses in BA, BQ and T Zones
Zoning Districts
BA BQ T
Uses
1. Buildings and other uses on land owned or utilized by a federal,
state, county, or city government or authority, or by a special
district created for public purposes under the laws of the State of
California are permitted in a BA zone.
P -
-
2. Rotating emergency shelter provided that the following conditions
are met:
a. Shelter is located within an existing church structure;
b. The number of occupants does not exceed twenty-five;
c. The hours of operation do not exceed six p.m. to seven a.m.;
d. Adequate supervision is provided;
e. Fire safety regulations are met; and
f. Operation period does not exceed two months in any twelve-
month period at any single location.
- P
-
3. Permanent emergency shelter provided the following conditions
are met:
a. Section 19.76.030(2)(b),(d), (e);
- P -
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Zoning Districts
BA BQ T
Uses
b. A management plan is provided which includes a detailed
operation plan;
c. Shelter is available to any individual or household regardless
of their ability to pay; and
d. Occupancy is limited to six months or less.
4. Public utility companies regulated by the Public Utility
Commission for uses restricted to administrative and office
buildings, communication equipment buildings, including
parking, landscaping and maintenance within an enclosed area or
storage yard;
- CUP -
PC
-
5. Religious, civic, and comparable organizations, for uses restricted
to church buildings, community halls, administrative buildings,
schoolrooms, recreational facilities, and athletic fields, convents,
seminaries, and similar uses customarily associated with churches,
including parking and landscaping areas;
- CUP
– PC -
6. Child care facility, residential care facilities, congregate residence,
hospitals, vocational and specialized schools; - CUP
– PC -
7. Lodges, clubs, country clubs, including accessory uses such as
swimming pools, picnic areas, golf courses, driving tees or ranges,
miniature golf courses (all uses to be restricted to members of the
above organizations and their guests);
- CUP
– PC -
8. Large-family daycare home; - CUP
– PC -
9. Airports, airfields and helicopter terminals, including
administration and service buildings, maintenance and storage
yards
- - CUP
– PC
10. Railroads, including terminals and stations, freight yards,
marshaling yards, storage yards, administrative and service
buildings
- - CUP
– PC
11. Bus terminals and stations, including administration and service
buildings, maintenance and storage yards - - CUP
– PC
12. Freeways, expressways, and other roads with limited or controlled
access, including administrative buildings and maintenance yards - - CUP
– PC
Key:
P – Permitted Use
- – Not Allowed
CUP – Admin. – Conditional Use Permit issued by the Director of Community Development
CUP – PC – Conditional Use Permit issued by the Planning Commission
CUP – CC – Conditional Use Permit issued by the City Council
Ex - Excluded Uses
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19.76.040 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 BA. BQ or T zoning district,
the applicant for a building permit must obtain permits in accord with Chapter 19.12.
19.64.050 Application Requirements.
Prior to the issuance of development permits, or any amendment thereto, an application shall
be made that, in addition to the requirements in Chapter 19.12, shall include a development
plan. The plan shall include:
A. Types and heights of buildings/structures and location of areas where buildings are to be
placed;
B. A proposed system of public and private streets, including cross-sections for all types of
streets;
C. Landscape plans;
D. Parking and loading plans as required by this title;
E. Any other information, which the Director of Community Development requires in order to
evaluate the effects of the proposed facilities on the surrounding areas.
19.64.060 Site Development Regulations.
A. Maximum Height of Buildings and Structures. The height of buildings in BA, BQ and T
zone districts is regulated by the development plan.
B. Setbacks and Screening.
1. There are no minimum setbacks in BA, BQ or T zoning districts; provided, however, that
the Planning Commission may establish minimum setbacks with respect to each
individual application for a development permit or a conditional use permit in order to
provide adequate light, air and visibility at intersections, and to provide general
conformity with adjacent and nearby zones and lots, or to promote the general
excellence of the development;
2. Adequate screening to limit noise, to reduce glare of lights, and to prevent obnoxious
emissions shall be provided when deemed appropriate by the Planning Commission.
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ATTACHMENT VIII
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CHAPTER 19.80: PLANNED DEVELOPMENT (P) ZONES
Section
19.80.010 Purpose.
19.80.020 Applicability of Regulations.
19.80.030 Establishment of Districts–Permitted and Conditional Uses.
19.80.040 Zoning or Prezoning.
19.80.050 Development Permit.
19.80.010 Purpose.
A. The planned development (P) zoning district is intended to provide a means of guiding land
development or redevelopment of the City that is uniquely suited for planned coordination
of land uses and to provide for a greater flexibility of land use intensity and design because
of accessibility, ownership patterns, topographical considerations, and community design
objectives.
B. The planned development zoning district is specifically intended to encourage variety in the
development pattern of the community; to promote a more desirable living environment; to
encourage creative approaches in land development; to provide a means of reducing the
amount of improvements required in development through better design and land
planning, to conserve natural features, to facilitate a more aesthetic and efficient use of open
spaces, and to encourage the creation of public or private common open space.
19.80.020 Applicability of Regulations.
No building, structure or land shall be used and no building or structure shall be erected,
enlarged or structurally altered, or demolished, in any planned development zoning district,
except in accordance with the provisions set forth in this chapter.
19.80.030 Establishment of Districts–Permitted and Conditional Uses.
A. Planned development zoning districts may be established, modified or removed from the
zoning map, and the regulations applicable to any planned development district may be
established, modified or deleted in accord with the procedures described in this chapter.
B. All P districts shall be identified on the zoning map with the letter coding "P" followed by a
specific reference to the general type of use allowed in the particular planning development
zoning district. For example, a planned development zoning district in which the uses are
to be general commercial in nature, would be designated "P(CG)." A planned development
zoning district in which the uses are intended to be a mix of general commercial and
residential would be designated "P(CG/Res)."
C. Permitted uses in a P zoning district shall consist of all uses which are permitted in the
zoning district which constitutes the designation following the letter coding "P." For
example, the other permitted uses in a P(CG) zoning district are the same uses which are
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permitted in a CG zoning district. For sites with a mixed-use residential designation,
Section 19.80.030.F shall apply.
D. Conditional uses in a P zoning district shall consist of all uses which require the issuance of
a conditional use permit in the zoning district which constitutes the designation following
the letter coding "P." For example, the other conditional uses in a P(CG) zoning district are
the same uses which require a conditional use permit in CG zoning district. Each
conditional use in a P zoning district requires a separate conditional use permit. For sites
with a mixed-use residential designation, Section 19.80.030.F shall apply.
E. The general category of uses in a P zone shall be defined at the time of the conceptual plan,
and shall be consistent with the adopted General Plan relative to the property in the
application. The development standards and regulations of the permitted and conditional
uses shall be established in conjunction with the approval of the conceptual and definitive
plans.
F. For sites with a mixed-use residential designation the following shall apply:
1. For sites in the Monta Vista Village Special Area, residential shall be a permitted use.
2. If a site is listed as a Priority Housing Site in the City’s adopted Housing Element of the
General Plan, then residential development that does not exceed the number of units
designated for the site in the Housing Element shall be a permitted use.
3. Residential development on sites not designated as Priority Housing Sites in the City’s
adopted Housing Element of the General Plan and residential development on a Priority
Housing Site that exceeds the number of units designated for that Priority Housing Site
shall be a conditional use.
4. Priority Housing Sites shall be shown on the City’s zoning map.
G. For sites which require a specific plan prior to development approval, the permitted and
conditional uses shall be as shown in the specific plan.
19.80.040 Zoning or Prezoning.
A. Application. The applicant for a P zoning district shall, in addition to information required
per Chapter 19.12, at the time of the application, submit to the Director of Community
Development a conceptual development plan, which shall include:
1. A general description of the proposed uses,
2. The proposed traffic-circulation system,
3. A topographical map of the site and the neighboring properties,
4. A landscaping plan.
B. Process and Review Authority.
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1. Applications for the zoning, prezoning or rezoning of property shall be processed in the
manner prescribed in Chapter 19.152.
C. Findings. No such ordinance may be adopted unless, in addition to making the findings
required by Chapter 19.152, the following findings are made:
1. That the conceptual development plan attached to the application is consistent with both
the General Plan and any underlying zoning designation which regulates the site;
2. That the conceptual development plan provides for an organized and unified system of
land uses and land use intensities which would be compatible with the surrounding
neighborhood;
3. That the conceptual development plan for a residential use ensures that the proposed
development provides adequate active and passive oriented open space within the
development to satisfy the needs of future residents and, further, that the proposed
development provides adequate landscaping that will function in a manner which will
enhance the individual development and the community as a whole;
4. That the conceptual development plan ensures that the location of the site with respect
to major thoroughfares and uses outside the zone would not create undue and
unreasonable traffic congestion in the area;
5. That the conceptual development plan makes provisions for adequate parking, waste
disposal and undergrounding of utilities.
D. Modifications. Any modification of the conceptual plan requires the submission of a
rezoning application.
19.80.050 Development Permit.
Process and Review Authority - Prior to any development within a planned development
zoning district, the applicant must obtain a development permit approving the development
pursuant to the requirements of Chapter 19.156.
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CHAPTER 19.84: PERMITTED, CONDITIONAL AND EXCLUDED USES IN OPEN SPACE, PARK AND RECREATION AND
PRIVATE RECREATION ZONING DISTRICTS
Section
19.84.010 Applicability of Regulations
19.84.020 Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation Zones
19.84.010 Applicability of Regulations
No building or structure or land shall be used in an OS, PR and FP zoning district, otherwise than in conformance with the
provisions of this chapter.
19.84.020 Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation Zones
Table 19.84.020 sets forth the Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation
zones.
Table 19.84.020 – Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation Zones
Zoning Districts OS PR FP Uses
A. Low-intensity recreational uses such as hiking, birdwatching, walking, picnicking and other
similar activities P P -
B. Minor maintenance of vegetation such as mowing or trimming P P P
C. Incidental gardening P P P
D. The erection or maintenance of minor structures, such as fences, gates, culverts and drainage
ditches. P P P
E. Any legal nonconforming use as provided for in Chapter 19.140 of the City’s Ordinance Code P P P
F. Temporary uses subject to regulations established by Chapter 19.160 CUP –
Admin P CUP-
Admin
G. Noncommercial stables for riding horses CUP –
Admin - -
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Zoning Districts OS PR FP Uses
H. Artificial or constructed pools, ponds, lakes or streams CUP -
Admin P CUP –
PC
I. Playgrounds CUP -
Admin P CUP -
PC
J. Any other use which is compatible with open space or park and recreation and otherwise is in
conformance with the purposes of the OS or PR zoning districts
CUP -
Admin P -
K. Parks, and recreation facilities, as regulated by Title 13 of this code - P -
L. Agricultural activities for educational and recreational purposes, such as community
gardens and hobby farms - P -
M. Single-family residences for the purpose of housing a caretaker for the park. The residence may
take the form of a mobilehome as well as a permanent residential structure. - P -
N. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming
with the provisions of Chapter 19.92 of this title P P P
O. Parking facilities as necessary for park usage - P -
P. Outdoor Uses:
1. Equestrian center including riding academies, stables and horse rental,
2. Practice range for archery or firearms,
3. Golf course with or without driving range,
4. Swim and racquet club,
5. Swimming, diving or related sports center,
6. Picnic areas,
7. Racquet sports center for tennis, racquetball, badminton and similar activities,
8. Specialty outdoor activity center encompassing one or more of the following or similar uses:
a. Roller skating,
b. Skateboarding,
c. Lawn bowling, bocce ball,
d. Miniature golf,
-
-
CUP –
PC
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Zoning Districts OS PR FP Uses
e. Waterslide,
9. Commercial athletic field for one or more of the following or similar uses:
a. Baseball, softball or batting cage training,
b. Football
c. Soccer,
d. Volleyball,
e. Field hockey,
f. Basketball,
10. Amusement parks with or without rides or live entertainment,
11. Bicycle motocross course/go-cart track or similar specialty raceway, but excluding facilities
for racing of automobiles or motorcycles,
12. Air sports field for hang gliding, ultralight aircraft or ballooning, but excluding common
carrier passenger aircraft service,
13. Other outdoor recreation uses which are found by the Director of Community Development
to be of similar intensity and characteristics of use to those enumerated in this subdivision;
-
-
-
-
CUP –
PC
CUP -
PC
Q. Indoor Uses:
1. Museums and galleries,
2. Theaters for film, stage or music entertainment,
3. Specialty indoor activity center encompassing one or more of the following or similar uses:
a. Bowling,
b. Video games,
c. Pool, billiards,
d. Martial arts,
e. Ice or roller skating rink,
4. Personal fitness or sports training center with primary location of facilities and equipment
enclosed within a structure,
5. Dancehall or facility for dance instruction,
6. Other indoor recreation uses which are found by the City Council or Planning Commission
to be of similar intensity and characteristics of use to those enumerated in this subsection.
- - CUP -
PC
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Zoning Districts OS PR FP Uses
R. Subsidiary Uses:
1. Competition and tournament facilities, including stadium seating, concession stands and box
office/ticket sales for on-premises events only,
2. Restaurant without separate bar facility,
3. Repair shop, servicing equipment associated with the activities authorized under the
principal use permit,
4. Retail sales of equipment and supplies customarily associated with the activities authorized
under the principal use permit,
5. Caretaker’s or security officer’s residence
6. Other uses deemed by the Planning Commission or City Council to be subsidiary to the
principal use authorized on the site.
- - CUP -
PC
S. Card Clubs and similar businesses operating games of chance - - Ex
T. Nightclubs - - Ex
U. Other uses which are found by the Director of Community Development to be in conflict with
the objective of the FP zoning district - - Ex
Key:
P – Permitted Use
- – Not Allowed
CUP – Admin. – Conditional Use Permit issued by the Director of Community Development
CUP – PC – Conditional Use Permit issued by the Planning Commission
CUP – CC – Conditional Use Permit issued by the City Council
Ex - Excluded Uses
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ATTACHMENT X
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CHAPTER 19.144: DEVELOPMENT AGREEMENTS
Section
19.144.020 Purpose of Development Agreement.
19.144.030 Authority for Adoption.
19.144.040 Application Requirements.
19.144.050 Qualification as an Applicant.
19.144.060 Proposed Form of Development Agreement.
19.144.070 Contents of a Development Agreement.
19.144.080 Consistency with General and Specific Plans.
19.144.090 Public Hearing and Ordinance Required.
19.144.110 Findings.
19.144.120 Irregularity in Proceeding.
19.144.140 Time for and Initiation of Review.
19.144.150 Finding of Compliance–Appeal.
19.144.160 Finding of Noncompliance–Appeal.
19.144.170 Appeal of Determination.
19.144.190 Cancellation or Modification by Mutual Consent.
19.144.200 Cancellation by the City.
19.144.210 Rights of the Parties after Cancellation or Termination.
19.144.220 Rules Affecting Development Agreement.
19.144.230 Separate Procedure.
19.144.240 Effect of Development Agreement.
19.144.250 Construction.
19.144.260 Execution and Recordation of Development Agreement, Amendment or
Cancellation.
19.144.270 Judicial Review–Time Limitation.
19.144.010 Findings and Declaration of Intent.
A. The California Legislature in Section 65864 of the Government Code has found that the lack
of certainty in the approval of development projects can result in a waste of resources,
escalate the cost of housing and other development to the consumer, and discourage
investment in and commitment to comprehensive planning which would make maximum
efficient utilization of resources at the least economic cost to the public. The City Council
finds and determines that under appropriate circumstances, development agreements will
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strengthen the public planning process, encourage private participation in comprehensive
planning by providing a greater degree of certainty in that process, reduce the economic
costs of development, allow for the orderly planning of public improvements and services
and the allocation of costs therefor in order to achieve the maximum utilization of public
and private resources in the development process, and assure, to the extent feasible, that
appropriate measures to enhance and protect the environment of the City are achieved. .
The City Council further finds that the lack of public facilities, including, but not limited to,
streets, sewerage, transportation, drinking water, school, and utility facilities, is a serious
impediment to the development of new housing.
B. The City Council further finds and determines that the public safety, health, convenience,
comfort, prosperity and general welfare will be furthered by the adoption of this chapter in
order to provide a mechanism for the enactment of development agreements to accomplish
the foregoing purposes and aims and the realization of the benefits.
19.144.020 Purpose of Development Agreement.
Development agreements enacted pursuant to this chapter are to ensure to the applicant for a
development project that upon approval of the project, the applicant may proceed with the
project in accordance with existing policies, rules and regulations, and subject to specified
conditions of approval, in order to implement the intent of the City Council in enacting this
title. Development agreements will also ensure that all conditions of approval, including the
construction of off-site improvements made necessary by such land developments, will proceed
in an orderly and economical fashion to the benefit of the City.
19.144.030 Authority for Adoption.
This chapter is adopted under the authority of Government Code Sections 65864 through
65869.5.
19.144.040 Application Requirements.
An application for a development agreement shall include, in addition to the requirements of
Chapter 19.12, Administration, a development agreement proposal as described in 19.144.060,
Proposed Form of Development Agreement.
19.144.050 Qualification as an Applicant.
Only a qualified applicant may file an application to enter into a development agreement. The
Director of Community Development shall require an applicant to submit proof of his or her
interest in the real property and of the authority of the agent to act for the applicant. This proof
may include a title report, policy or guarantee, issued by a title company licensed to do business
in the State evidencing the requisite interest of the applicant in the real property. B. Other
Parties. In addition to the City and developer, any federal, State or local governmental agency
or body may be included as a party to any development agreement. Any additional party shall
be made a party to the development agreement pursuant to the provisions of the Joint Exercise
of Powers Act (Government Code Section 6500, et seq.) providing for joint powers agreements,
or provisions of other applicable federal, State or local law, in order to create a legally binding
agreement between such parties.
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19.144.060 Proposed Form of Development Agreement.
Each application shall be accompanied by the form of development agreement proposed by the
City. This requirement may be met by designating the City’s then standard form of
development agreement as prepared by the City Attorney and including specific proposals for
changes in or additions to the language of the standard form. The City’s Proposed Form of
Development Agreement shall include the following:
A. The parties to the development agreement;
B. The nature of the applicant’s legal or equitable interest in the real property constituting such
applicant as a qualified applicant under this chapter;
C. A description of the development project sufficient to permit the development agreement to
be reviewed under the applicable criteria of this chapter. Such description may include, but
is not limited to, references to site and building plans, elevations, relationships to adjacent
properties and operational data. Where appropriate, such description may distinguish
between elements of the development project which are proposed to be fixed under the
development agreement, those which may vary and the standards and criteria pursuant to
which the same may be reviewed;
D. An identification of the approvals and permits for the development project enacted to the
date of or contemplated by the development agreement;
E. The duration of the development agreement;
F. The permitted uses of the property;
G. The maximum height and size of the proposed buildings, and provisions for dedications of
land for public purposes;
H. A program and criteria for periodic review under this chapter;
I. Appropriate provisions guaranteeing or securing performance of the development
agreement on the part of the developer;
J. Specific standards for periodic review of a development agreement;
K. Specific standards to insure compliance by the parties to a development agreement;
L. The Development Agreement may provide that construction shall be commenced within a
specified time and that the project or any phase shall be commenced within a specified time
and that the project and any phase be completed within a specified time.
M. Information required in accord with Section 19.140.070, Content of a Development
Agreement;
N. Any other relevant information which may be deemed necessary by the Director of
Community Development pursuant to this chapter.
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19.144.070 Contents of a Development Agreement.
A. A development agreement shall specify its duration, the permitted uses of the property, the
density and/or intensity of use, the maximum height and size of proposed buildings, and
provisions for reservation or dedication of land for public purposes.
B. A development agreement shall attach and incorporate by reference all conditions of
approval imposed by the City with respect to the development project.
C. All development agreements shall contain an indemnity and insurance clause in form and
substance acceptable to the City Attorney, requiring the developer to indemnify the City
against claims arising out of the development process and limiting the developer’s sole
remedy to specific performance and thereby eliminating any potential damages to be paid
by the City under the development agreement; provided, that, these provisions do not
violate applicable law or constitute a joint venture, partnership or other participation in
business affairs of developer by the City.
D. All development agreements, or any part of development agreements, may be subject to
subsequent condemnation proceedings by the City.
E. Community Benefits: At the discretion of the City Council, additional heights over the base
height standard in gateways and nodes may be approved up to the maximum heights as
shown in the General Plan Community Form Diagram (Fig. LU-1 of the General Plan) in
conformance with the Community Benefits Program.
19.144.080 Consistency with General and Specific Plans.
Before the City Council may approve the development agreement, it must find that its
provisions are consistent with the General Plan and any applicable specific plans of the City. If
the City Council approves the development agreement in the form recommended by the
Planning Commission, without further findings, then it shall be deemed to have also adopted
the findings of the Planning Commission.
19.144.090 Public Hearing and Ordinance Required.
A development agreement is a legislative act and shall be enacted by ordinance only after a
public hearing before the City Council. The ordinance shall refer to and incorporate by
reference the text of the development agreement.
19.144.110 Findings.
A. Development Agreement shall be enacted by ordinance by the City Council upon making
the following findings:
B. Is consistent with the objectives, policies, general land uses and programs specified in the
General plan and any applicable specific plan;
C. Is compatible with the uses authorized in, and the regulations prescribed for, the land use
district in which the real property is or will be located;
D. Is in conformity with and will promote public convenience, general welfare and good land
use practice;
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E. Will not be detrimental to the health, safety and general welfare;
F. Will not adversely affect the orderly development of property or the preservation of
property values; and
G. Will promote and encourage the development of the proposed project by providing a
greater degree of requisite certainty.
19.144.120 Irregularity in Proceeding.
Formal rules of evidence or procedure which must be followed in a court of law shall not be
applied in the consideration of a proposed development agreement under this chapter and the
provisions of Chapter 19.12, Administration, shall provide the procedure for such
consideration. No action, inaction or recommendation regarding the proposed development
agreement shall be held void or invalid or be set aside by a court on the ground of the improper
admission or rejection of evidence or by reason of any error, irregularity, informality, neglect or
omission (“error”) as to any matter pertaining to the application, notice, finding, record,
hearing, report, recommendation, or any matters of procedure whatever unless after an
examination of the entire case, including the evidence, the court finds that the error complained
of was prejudicial and that by reason of the error the complaining party sustained and suffered
substantial injury, and that a different result would have been probable if the error has not
occurred or existed. There is no presumption that error is prejudicial or that injury resulted if
error is shown.
19.144.140 Time for and Initiation of Review.
The Director of Community Development shall review the development agreement annually in
order to ascertain the good faith compliance by the developer with its terms. The Developer
shall submit documentation as required by the Director of Community Development to
demonstrate good faith compliance by the developer of the terms of the development
agreement. The time for review may be modified by the City Council at any time upon
reasonable notice to the developer, and the development agreement may prescribe a procedure
and standards and different times for review of compliance with its terms; provided, however,
that a development agreement shall in any event be reviewed for compliance at least once every
twelve months.
19.144.150 Finding of Compliance–Appeal.
If the Director of Community Development finds good faith compliance by the developer with
the terms of the development agreement, he or she may issue a certificate of compliance, which
shall be in recordable form and may be recorded by the developer in the official records. The
issuance of a certificate of compliance by the Planning Director and the expiration of the appeal
period hereinafter specified without appeal, or the confirmation by the City Council of the
issuance of the certificate on such appeal, shall conclude the review for the applicable period
and such determination shall be final.
19.144.160 Finding of Noncompliance–Appeal.
If the Planning Director, on basis of substantial evidence, finds the developer has not complied
in good faith with the terms of the development agreement, he or she may specify in writing to
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the developer the respects, in which developer has failed to comply. The Director of
Community Development shall also specify a reasonable time for the developer to meet the
terms of compliance. If such areas of noncompliance are not perfected within the reasonable
time limits as prescribed, the development agreement shall be subject to modification or
cancellation by the City Council.
19.144.170 Appeal of Determination.
Any interested person may file an appeal of the issuance of a certificate of compliance to the
City Council within ten days after the certificate’s issuance. The developer may also file an
appeal to the City Council of the finding of the Director of Community Development of
noncompliance within ten days after the giving of notice of such determination. All appeals
before the City Council shall be conducted pursuant to a noticed hearing in the same manner as
any other appeal before the City Council, at which evidence shall be taken and findings made.
19.144.190 Cancellation or Modification by Mutual Consent.
Any development agreement may be canceled or amended by mutual consent of the parties, but
only in the manner provided in California Government Code Section 65868. Any proposal to
cancel or amend a development agreement shall be heard and determined in accordance with
the same procedures specified by this chapter for approval of a development agreement.
19.144.200 Cancellation by the City.
A. The City Council shall conduct a noticed hearing on the recommendations of the Director of
Community Development at which the developer and any other interested person shall be
entitled to submit evidence and testimony as may be germane to the issue of the developer’s
good faith compliance with the terms of the development agreement. If the City Council
finds, based on substantial evidence, noncompliance with the terms and conditions of the
development agreement, it may either cancel the development agreement upon giving sixty
days’ notice to the developer, or in its discretion, may allow the development agreement to
be continued by imposition of new terms and conditions intended to remedy
noncompliance. The City Council may impose conditions to the action it takes as it
considers necessary to protect the interests of the City. The decision of the City Council shall
be final.
B. Any cancellation or imposition of new terms and conditions pursuant to this section shall be
noticed in accordance with the procedures specified in Chapter 19.12, Administration of this
code.
19.144.210 Rights of the Parties after Cancellation or Termination.
In the event that a development agreement should be canceled, or otherwise terminated, unless
otherwise agreed, all rights of the developer, property owner or successors in interest under the
development agreement shall terminate. Any and all benefits, including money or land,
received by the City shall be retained by the City. Notwithstanding the above provision, any
termination of the development agreement shall not prevent the developer from completing
and occupying a building or other improvements authorized pursuant to a valid building
permit previously approved by the City or under construction at the time of termination, but
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the City may take any action permitted by law to prevent, stop, or correct any violation of law
occurring during and after construction, and the developer or any tenant shall not occupy any
portion of the project or any building not authorized by a previously issued building permit. As
used herein, “construction” means work under a valid building permit, and “completing”
means completion for beneficial occupancy for developer's use, or if a portion of the project is
intended for use by a lessee or tenant, then for such portion “completion” means completion
except for interior improvements such as partitions, duct and electrical runouts, floor coverings,
wall coverings, lighting, furniture, trade fixtures, finished ceilings, and other improvements
typically constructed by or for tenants of similar buildings. All such uses shall, to the extent
applicable, be deemed nonconforming uses and shall be subject to the nonconforming use
provisions of the planning code.
19.144.220 Rules Affecting Development Agreement.
All development agreements shall be subject to the regulation and requirements of the laws of
the State, the Constitution of the United States and any codes, statutes or executive mandates
and any court decisions, State or federal. In the event that any such law, code, statute, mandate
or decision made or enacted after a development agreement has been entered into prevents or
precludes compliance with one or more provisions of the development agreement, then such
provisions of the development agreement shall be modified or suspended in the manner and
pursuant to the procedures specified in the development agreement, as may be necessary to
comply with such law, code, statute, mandate or decision.
19.144.230 Separate Procedure.
All development agreements entail and consist of a separate procedure from other land use
planning procedures and shall not take the place of the zoning ordinances, the General Plan,
planned development permits, development permits, conditional use permits, subdivision
approvals, building permits or any other City planning functions. If so specified in the
development agreement, it shall constitute an approval pursuant to such planning procedures
as if separately enacted under other City planning ordinances. To the extent practicable, public
hearings on a proposed development agreement shall be held concurrently with the public
hearings on all related land use approvals and all such approvals shall be made concurrently
with the approval of the development agreement.
19.144.240 Effect of Development Agreement.
When approved, the development agreement and any development control maps and all
notations, references and regulations which are a part of the development agreement shall be
part of the development agreement ordinance. Development control maps include, but are not
limited to, regulations intended to carry out any plan respecting location or type of activities;
height, bulk, siding or design of structures; location or design of open areas; and landscaping
and other comparable regulations.
19.144.250 Construction.
This chapter and any subsequent development agreement shall be read together. With respect
to any development agreement enacted under this chapter, any provision of such a
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development agreement which is in conflict with this chapter shall be void. Unless otherwise
provided by the development agreement, the City’s rules, regulations and official policies
governing permitted uses of the land, governing density and governing design, improvement
and construction standards and specifications applicable to development of the property subject
to a development agreement shall be those City rules, regulations and official policies in force at
the time of the approval of the development agreement by the City Council; provided, however,
that the developer is subject to all increases in City imposed fees and charges with respect to
subsequent applications for development and construction within the property subject to a
development agreement.
19.144.260 Execution and Recordation of Development Agreement, Amendment or
Cancellation.
A. Within ten days after the ordinance approving the development agreement takes effect, the
City Council shall execute the development agreement, and the City Council Clerk shall have
the development agreement recorded with the County Recorder.
B. If the parties to the development agreement or their successors in interest amend or cancel
the development agreement as provided in Government Code Section 65868, and this chapter,
or if the City Council terminates or modifies the development agreement as provided in
Government Code Section 65865.1 and this chapter for failure of the developer to comply in
good faith with the terms or conditions of the development agreement, the City Council Clerk
shall, after such action takes effect, have notice of such action recorded with the County
Recorder.
19.144.270 Judicial Review–Time Limitation.
Any action or proceeding to attack, review, set, set aside, void or annul, any decision of the City
pursuant to this chapter shall not be maintained by any person unless the action or proceeding
is commenced within ninety days after the date of decision as provided in Section 1094.6 of the
Code of Civil Procedure, State of California.
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ATTACHMENT XI
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CHAPTER 19.172: BELOW MARKET RATE HOUSING PROGRAM
Section
19.172.030 BMR Program Administration
19.172.010 Purpose
19.172.020 Below Market Rate (BMR) Housing Program Requirements
19.172.030 BMR Program Administration
19.172.010 Purpose
The purpose of this chapter is to:
A. Encourage the development and availability of housing affordable to a broad range of
households with varying income levels within the city as mandated by State Law, California
Government Code Sections 65580 and the City of Cupertino’s General Plan, including its
Housing Element.
B. Promote the city's goal to add affordable housing units to the city's housing stock in
proportion to the overall increase in new jobs and market rate housing units.
C. Mitigate the need for affordable housing created by new market-rate housing development
and ensure that market-rate housing development does not utilize all land available in the
city for affordable housing.
D. Mitigate environmental and other impacts that accompany new residential and commercial
development by protecting the economic diversity of the city's housing stock, with the goal
of reducing traffic, transit and related air quality impacts, promoting jobs/housing balance
and reducing the demands placed on transportation infrastructure in the region.
E. Increase the supply of for-sale and rental housing for families and individuals employed in
Cupertino whose incomes are insufficient to afford market rate housing. Since the historical
rate of production of affordable housing in the city, by private developers is very low, the
BMR program is essential to meet the city's need for affordable housing.
19.172.020 Below Market Rate (BMR) Housing Program Requirements
A. Developers of housing development projects must comply with the requirements set forth
in Residential Housing Mitigation Program of the City of Cupertino’s Housing Element of
the General Plan.
B. To the extent permitted by law, the City’s objective is to obtain actual affordable housing
units within each development rather than off-site units or mitigation fee payments.
Provision of off-site units, land donation, or payment of Housing Mitigation Fees may only
be permitted as specified in the Residential Housing Mitigation Program rules and
regulations.
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19.172.030 BMR Program Administration
A. The City Council shall adopt rules and regulations consistent with the provisions of this
chapter and the Housing Element for the purpose of carrying out the administration of the
Residential Housing Mitigation Program. Such rules and regulations shall address, but are
not limited to, program eligibility requirements, affordable housing cost, income limits,
preferences for housing applicants, minimum occupancy limits, waiting list procedures,
buyer selection procedures, methodology for the calculation of affordable housing cost and
affordable rent, resale restrictions and reasonable accommodations for disable applicants.
The rules and regulations shall also address Residential Housing Mitigation Program
components such as the provision of rental BMR units in for-sale housing developments or
off-site BMR units. A copy of such policies, rules and regulations shall be on file and
available for public examination in the office of the city clerk.
B. Failure or refusal to comply with any such rules, regulations or agreements promulgated
under this section shall be deemed a violation of this chapter.
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ATTACHMENT C
SUMMARY OF ZONING MAP AND MUNICIPAL CODE TEXT AMENDMENTS
Zoning Map Amendments
Housing Element – Oaks site rezoned from Planned (Commercial) or P(CG) to Planned
(Commercial, Residential) or P(CG, Res). Vallco is not being rezoned at this time and will be
rezoned as part of a separate Specific Plan.
Consistency with General Plan land use designation:
o Rezoning of property being transferred to the Irvine Company by Apple as a result of a land
swap agreement, in exchange for property along Wolfe Road to facilitate street
improvements. The property is rezoned from Planned (Industrial) or P(MP) to P(Res).
o City-owned parkland – rezoning from various zoning designations (such as R1-10, R3, R1C
and A) to Park and Recreation (PR) zoning to be consistent with the General Plan
designations.
o Bringing some city-wide sites into compliance with the existing General Plan land use
designations.
Municipal Code Text Amendments
Housing Element - A number of ordinance amendments are necessary to update the City’s
Municipal Code to comply with changes to State Housing Law and HCD guidelines. These
were identified through the constraints analysis conducted in the preparation of the Housing
Element update. A brief list is provided below. The “Constraints Analysis” section in the Draft
Housing Element provides a detailed discussion of these issues.
– Density Bonus Ordinance
– Below-Market Rate (BMR) Ordinance
– Heart of the City Specific Plan
– Farm worker housing
– Permanent Emergency shelters
Clean-up and consistency with General Plan and state law:
o Definition of gross lot area, since lot area will be used to calculate maximum residential
yield. Portions of adjacent streets will no longer be included in the site area for density
calculations.
o Parkland dedication was moved from Title 18: Subdivision of the Municipal Code (Chapter
18.24) into Title 13: Parks, as a separate chapter (Chapter 13.08). This clarifies that all
residential projects (including those that do not require a subdivision, such as apartments)
are required to comply with parkland dedication requirements.
o Conformance with the General Plan and Housing Element:
– Revision to Chapter 19.80 Planned Development zones to improve clarity and conform
to the General Plan regarding permitted and conditional residential uses for those sites
identified in the Housing Element and on mixed-use residential sites. This revision also
excludes a site for which a Specific Plan is required, to address Vallco.
– Chapter 19.144 Development Agreements – revised language related to Community
Benefits to add a placeholder and removed specifics, to reflect the Council decision on
the General Plan.
o Other clean-up language to be consistent with state law and to improve clarity, consistency
and readability.
o Clarifications and removal of redundancies.
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Attachment D
ATTACHMENT VIII
CHAPTER 19.80: PLANNED DEVELOPMENT (P) ZONES
Section
19.80.010 Purpose.19.80.010 Purpose.
19.80.020 Applicability of Regulations.
19.80.030 Establishment of Districts–Permitted and Conditional Uses.
19.80.040 Zoning or Prezoning.
19.80.050 Development Permit.
19.80.010 Purpose.
A. The planned development (P) zoning district is intended to provide a means of guiding land
development or redevelopment of the City that is uniquely suited for planned coordination
of land uses and to provide for a greater flexibility of land use intensity and design because
of accessibility, ownership patterns, topographical considerations, and community design
objectives.
B. The planned development zoning district is specifically intended to encourage variety in the
development pattern of the community; to promote a more desirable living environment; to
encourage creative approaches in land development; to provide a means of reducing the
amount of improvements required in development through better design and land
planning, to conserve natural features, to facilitate a more aesthetic and efficient use of open
spaces, and to encourage the creation of public or private common open space.
19.80.020 Applicability of Regulations.
No building, structure or land shall be used and no building or structure shall be erected,
enlarged or structurally altered, or demolished, in any planned development zoning district,
except in accordance with the provisions set forth in this chapter.
19.80.030 Establishment of Districts–Permitted and Conditional Uses.
A. Planned development zoning districts may be established, modified or removed from the
zoning map, and the regulations applicable to any planned development district may be
established, modified or deleted in accord with the procedures described in this chapter.
B. All P districts shall be identified on the zoning map with the letter coding "P" followed by a
specific reference to the general type of use allowed in the particular planning development
zoning district. For example, a planned development zoning district in which the uses are
to be general commercial in nature, would be designated "P(CG)." A planned development
zoning district in which the uses are intended to be a mix of general commercial and
residential would be designated "P(CG/Res)."
C. If a site included in a P zoning district is listed as a Priority Housing Site in the City’s
adopted Housing Element of the General Plan, then residential development that does not
exceed the number of units designated for the site in the Housing Element shall be a
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permitted use. Other pPermitted uses in a P zoning district shall consist of all uses which are
permitted in the zoning district which constitutes the designation following the letter coding
"P." For example, the other permitted uses in a P(CG) zoning district are the same uses
which are permitted in a CG zoning district. Priority Housing Sites shall be shown on the
City’s zoning map. For sites with a mixed-use residential designation, Section 19.80.030.F
shall apply.
D. In the P zoning district, residential development on sites not designated as Priority Housing
Sites in the City’s adopted Housing Element of the General Plan and residential
development on a Priority Housing Site that exceeds the number of units designated for that
Priority Housing Site shall be a conditional use. Other cConditional uses in a P zoning
district shall consist of all uses which require the issuance of a conditional use permit in the
zoning district which constitutes the designation following the letter coding "P." For
example, the other conditional uses in a P(CG) zoning district are the same uses which
require a conditional use permit in CG zoning district. Each conditional use in a P zoning
district requires a separate conditional use permit. For sites with a mixed-use residential
designation, Section 19.80.030.F shall apply.
E. The general category of uses in a P zone shall be defined at the time of the conceptual plan,
and shall be consistent with the adopted General Plan relative to the property in the
application. The development standards and regulations of the permitted and conditional
uses shall be established in conjunction with the approval of the conceptual and definitive
plans.
F. For sites with a mixed-use residential designation the following shall apply:
1. For sites in the Monta Vista Village Special Area, residential shall be a permitted use.
2. If a site is listed as a Priority Housing Site in the City’s adopted Housing Element of the
General Plan, then residential development that does not exceed the number of units
designated for the site in the Housing Element shall be a permitted use.
3. Residential development on sites not designated as Priority Housing Sites in the City’s
adopted Housing Element of the General Plan and residential development on a Priority
Housing Site that exceeds the number of units designated for that Priority Housing Site
shall be a conditional use.
4. Priority Housing Sites shall be shown on the City’s zoning map.
E.G. For sites which require a specific plan prior to development approval, the permitted
and conditional uses shall be as shown in the specific plan.
19.80.040 Zoning or Prezoning.
A. Application. The applicant for a P zoning district shall, in addition to information required
per Chapter 19.12, at the time of the application, submit to the Director of Community
Development a conceptual development plan, which shall include:
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1. A general description of the proposed uses,
2. The proposed traffic-circulation system,
3. A topographical map of the site and the neighboring properties,
4. A landscaping plan.
B. Process and Review Authority.
1. Applications for the zoning, prezoning or rezoning of property shall be processed in the
manner prescribed in Chapter 19.152.
C. Findings. No such ordinance may be adopted unless, in addition to making the findings
required by Chapter 19.152, the following findings are made:
1. That the conceptual development plan attached to the application is consistent with both
the General Plan and any underlying zoning designation which regulates the site;
2. That the conceptual development plan provides for an organized and unified system of
land uses and land use intensities which would be compatible with the surrounding
neighborhood;
3. That the conceptual development plan for a residential use ensures that the proposed
development provides adequate active and passive oriented open space within the
development to satisfy the needs of future residents and, further, that the proposed
development provides adequate landscaping that will function in a manner which will
enhance the individual development and the community as a whole;
4. That the conceptual development plan ensures that the location of the site with respect
to major thoroughfares and uses outside the zone would not create undue and
unreasonable traffic congestion in the area;
5. That the conceptual development plan makes provisions for adequate parking, waste
disposal and undergrounding of utilities.
D. Modifications. Any modification of the conceptual plan requires the submission of a
rezoning application.
19.80.050 Development Permit.
Process and Review Authority - Prior to any development within a planned development
zoning district, the applicant must obtain a development permit approving the development
pursuant to the requirements of Chapter 19.156.
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ATTACHMENT X
CHAPTER 19.144: DEVELOPMENT AGREEMENTS
Section
19.144.020 Purpose of Development Agreement.
19.144.030 Authority for Adoption.
19.144.040 Application Requirements.
19.144.050 Qualification as an Applicant.
19.144.060 Proposed Form of Development Agreement.
19.144.070 Contents of a Development Agreement.
19.144.080 Consistency with General and Specific Plans.
19.144.090 Public Hearing and Ordinance Required.
19.144.110 Findings.
19.144.120 Irregularity in Proceeding.
19.144.140 Time for and Initiation of Review.
19.144.150 Finding of Compliance–Appeal.
19.144.160 Finding of Noncompliance–Appeal.
19.144.170 Appeal of Determination.
19.144.190 Cancellation or Modification by Mutual Consent.
19.144.200 Cancellation by the City.
19.144.210 Rights of the Parties after Cancellation or Termination.
19.144.220 Rules Affecting Development Agreement.
19.144.230 Separate Procedure.
19.144.240 Effect of Development Agreement.
19.144.250 Construction.
19.144.260 Execution and Recordation of Development Agreement, Amendment or
Cancellation.
19.144.270 Judicial Review–Time Limitation.
19.144.010 Findings and Declaration of Intent.
A. The California Legislature in Section 65864 of the Government Code has found that the lack
of certainty in the approval of development projects can result in a waste of resources,
escalate the cost of housing and other development to the consumer, and discourage
investment in and commitment to comprehensive planning which would make maximum
efficient utilization of resources at the least economic cost to the public. The City Council
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finds and determines that under appropriate circumstances, development agreements will
strengthen the public planning process, encourage private participation in comprehensive
planning by providing a greater degree of certainty in that process, reduce the economic
costs of development, allow for the orderly planning of public improvements and services
and the allocation of costs therefor in order to achieve the maximum utilization of public
and private resources in the development process, and assure, to the extent feasible, that
appropriate measures to enhance and protect the environment of the City are achieved. .
The City Council further finds that the lack of public facilities, including, but not limited to,
streets, sewerage, transportation, drinking water, school, and utility facilities, is a serious
impediment to the development of new housing.
B. The City Council further finds and determines that the public safety, health, convenience,
comfort, prosperity and general welfare will be furthered by the adoption of this chapter in
order to provide a mechanism for the enactment of development agreements to accomplish
the foregoing purposes and aims and the realization of the benefits.
19.144.020 Purpose of Development Agreement.
Development agreements enacted pursuant to this chapter are to ensure to the applicant for a
development project that upon approval of the project, the applicant may proceed with the
project in accordance with existing policies, rules and regulations, and subject to specified
conditions of approval, in order to implement the intent of the City Council in enacting this
title. Development agreements will also ensure that all conditions of approval, including the
construction of off-site improvements made necessary by such land developments, will proceed
in an orderly and economical fashion to the benefit of the City.
19.144.030 Authority for Adoption.
This chapter is adopted under the authority of Government Code Sections 65864 through
65869.5.
19.144.040 Application Requirements.
An application for a development agreement shall include, in addition to the requirements of
Chapter 19.12, Administration, a development agreement proposal as described in 19.144.060,
Proposed Form of Development Agreement.
19.144.050 Qualification as an Applicant.
Only a qualified applicant may file an application to enter into a development agreement. The
Director of Community Development shall require an applicant to submit proof of his or her
interest in the real property and of the authority of the agent to act for the applicant. This proof
may include a title report, policy or guarantee, issued by a title company licensed to do business
in the State evidencing the requisite interest of the applicant in the real property. B. Other
Parties. In addition to the City and developer, any federal, State or local governmental agency
or body may be included as a party to any development agreement. Any additional party shall
be made a party to the development agreement pursuant to the provisions of the Joint Exercise
of Powers Act (Government Code Section 6500, et seq.) providing for joint powers agreements,
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or provisions of other applicable federal, State or local law, in order to create a legally binding
agreement between such parties.
19.144.060 Proposed Form of Development Agreement.
Each application shall be accompanied by the form of development agreement proposed by the
City. This requirement may be met by designating the City’s then standard form of
development agreement as prepared by the City Attorney and including specific proposals for
changes in or additions to the language of the standard form. The City’s Proposed Form of
Development Agreement shall include the following:
A. The parties to the development agreement;
B. The nature of the applicant’s legal or equitable interest in the real property constituting such
applicant as a qualified applicant under this chapter;
C. A description of the development project sufficient to permit the development agreement to
be reviewed under the applicable criteria of this chapter. Such description may include, but
is not limited to, references to site and building plans, elevations, relationships to adjacent
properties and operational data. Where appropriate, such description may distinguish
between elements of the development project which are proposed to be fixed under the
development agreement, those which may vary and the standards and criteria pursuant to
which the same may be reviewed;
D. An identification of the approvals and permits for the development project enacted to the
date of or contemplated by the development agreement;
E. The duration of the development agreement;
F. The permitted uses of the property;
G. The maximum height and size of the proposed buildings, and provisions for dedications of
land for public purposes;
H. A program and criteria for periodic review under this chapter;
I. Appropriate provisions guaranteeing or securing performance of the development
agreement on the part of the developer;
J. Specific standards for periodic review of a development agreement;
K. Specific standards to insure compliance by the parties to a development agreement;
L. The Development Agreement may provide that construction shall be commenced within a
specified time and that the project or any phase shall be commenced within a specified time
and that the project and any phase be completed within a specified time.
M. Information required in accord with Section 19.140.070, Content of a Development
Agreement;
N. Any other relevant information which may be deemed necessary by the Director of
Community Development pursuant to this chapter.
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19.144.070 Contents of a Development Agreement.
A. A development agreement shall specify its duration, the permitted uses of the property, the
density and/or intensity of use, the maximum height and size of proposed buildings, and
provisions for reservation or dedication of land for public purposes.
B. A development agreement shall attach and incorporate by reference all conditions of
approval imposed by the City with respect to the development project.
C. All development agreements shall contain an indemnity and insurance clause in form and
substance acceptable to the City Attorney, requiring the developer to indemnify the City
against claims arising out of the development process and limiting the developer’s sole
remedy to specific performance and thereby eliminating any potential damages to be paid
by the City under the development agreement; provided, that, these provisions do not
violate applicable law or constitute a joint venture, partnership or other participation in
business affairs of developer by the City.
D. All development agreements, or any part of development agreements, may be subject to
subsequent condemnation proceedings by the City.
E. Community Benefits: At the discretion of the City Council, additional heights over the base
height standard in gateways and nodes identified in the Special Areas Map (Fig. X of the
General Plan) may be approved up to the maximum heights as shown in the General Plan
Community Form Map Diagram (Fig. Y LU-1 of the General Plan) in conformance with the
Community Benefits Program. In order to obtain additional height, a development should
include the following community benefits.
1. Ground floor retail component; and
2. One or more of the following benefits equivalent to at least 15% of the increase in profits
attributed to the increase in height, based on a pro-forma, prepared by the developer
and peer-reviewed by the City. The cost to the City of the peer-review shall be paid for
by the developer:
a. Transportation and Mobility Improvements
i. New or expanded bicycle and pedestrian facilities;
ii. Transit improvements and/or amenities including adaptive traffic signal
management systems;
iii. Participation in a community shuttle program (to provide connections to major
employment and community nodes, including community facilities and
shopping).
b. Public Entity or Facilities: Provide land or space for public entities, such as schools.
c. Senior Housing. Provide at least 15% of housing for seniors, if the proposed project
includes a residential component and is not already targeted towards seniors.
d. Public Art and Cultural Facilities
i. Construction of a new, or expansion to, a community facility (e.g. recreation
center, teen facility, etc.)
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ii. Construction of a new, or expansion of, a community gathering space (e.g.
meeting/conference space, cultural center or museum).
e. Parks and Open Space
i. New publicly accessible park and/or open space within a project in excess of
park dedication requirements.
ii. Dedication of land for a new or expanded park outside the project boundary in
excess of park dedication requirements.
Cash-in-Lieu Contribution. A Cash-in-Lieu contribution is a contribution made to
the City by a developer or applicant and is equivalent to at least 15% of the increase
in value of the site attributed to the increase in height achieved through the
Community Benefits Program. The funds are allocated exclusively for purchase of
land, capital improvements or operations related to items a, b, d, e, and towards the
construction of affordable housing. All Cash-in-Lieu Contributions shall be made to
the City.
19.144.080 Consistency with General and Specific Plans.
Before the City Council may approve the development agreement, it must find that its
provisions are consistent with the General Plan and any applicable specific plans of the City. If
the City Council approves the development agreement in the form recommended by the
Planning Commission, without further findings, then it shall be deemed to have also adopted
the findings of the Planning Commission.
19.144.090 Public Hearing and Ordinance Required.
A development agreement is a legislative act and shall be enacted by ordinance only after a
public hearing before the City Council. The ordinance shall refer to and incorporate by
reference the text of the development agreement.
19.144.110 Findings.
A. Development Agreement shall be enacted by ordinance by the City Council upon making
the following findings:
B. Is consistent with the objectives, policies, general land uses and programs specified in the
General plan and any applicable specific plan;
C. Is compatible with the uses authorized in, and the regulations prescribed for, the land use
district in which the real property is or will be located;
D. Is in conformity with and will promote public convenience, general welfare and good land
use practice;
E. Will not be detrimental to the health, safety and general welfare;
F. Will not adversely affect the orderly development of property or the preservation of
property values; and
G. Will promote and encourage the development of the proposed project by providing a
greater degree of requisite certainty.
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19.144.120 Irregularity in Proceeding.
Formal rules of evidence or procedure which must be followed in a court of law shall not be
applied in the consideration of a proposed development agreement under this chapter and the
provisions of Chapter 19.12, Administration, shall provide the procedure for such
consideration. No action, inaction or recommendation regarding the proposed development
agreement shall be held void or invalid or be set aside by a court on the ground of the improper
admission or rejection of evidence or by reason of any error, irregularity, informality, neglect or
omission (“error”) as to any matter pertaining to the application, notice, finding, record,
hearing, report, recommendation, or any matters of procedure whatever unless after an
examination of the entire case, including the evidence, the court finds that the error complained
of was prejudicial and that by reason of the error the complaining party sustained and suffered
substantial injury, and that a different result would have been probable if the error has not
occurred or existed. There is no presumption that error is prejudicial or that injury resulted if
error is shown.
19.144.140 Time for and Initiation of Review.
The Director of Community Development shall review the development agreement annually in
order to ascertain the good faith compliance by the developer with its terms. The Developer
shall submit documentation as required by the Director of Community Development to
demonstrate good faith compliance by the developer of the terms of the development
agreement. The time for review may be modified by the City Council at any time upon
reasonable notice to the developer, and the development agreement may prescribe a procedure
and standards and different times for review of compliance with its terms; provided, however,
that a development agreement shall in any event be reviewed for compliance at least once every
twelve months.
19.144.150 Finding of Compliance–Appeal.
If the Director of Community Development finds good faith compliance by the developer with
the terms of the development agreement, he or she may issue a certificate of compliance, which
shall be in recordable form and may be recorded by the developer in the official records. The
issuance of a certificate of compliance by the Planning Director and the expiration of the appeal
period hereinafter specified without appeal, or the confirmation by the City Council of the
issuance of the certificate on such appeal, shall conclude the review for the applicable period
and such determination shall be final.
19.144.160 Finding of Noncompliance–Appeal.
If the Planning Director, on basis of substantial evidence, finds the developer has not complied
in good faith with the terms of the development agreement, he or she may specify in writing to
the developer the respects, in which developer has failed to comply. The Director of
Community Development shall also specify a reasonable time for the developer to meet the
terms of compliance. If such areas of noncompliance are not perfected within the reasonable
time limits as prescribed, the development agreement shall be subject to modification or
cancellation by the City Council.
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19.144.170 Appeal of Determination.
Any interested person may file an appeal of the issuance of a certificate of compliance to the
City Council within ten days after the certificate’s issuance. The develo per may also file an
appeal to the City Council of the finding of the Director of Community Development of
noncompliance within ten days after the giving of notice of such determination. All appeals
before the City Council shall be conducted pursuant to a noticed hearing in the same manner as
any other appeal before the City Council, at which evidence shall be taken and findings made.
19.144.190 Cancellation or Modification by Mutual Consent.
Any development agreement may be canceled or amended by mutual consent of the parties, but
only in the manner provided in California Government Code Section 65868. Any proposal to
cancel or amend a development agreement shall be heard and determined in accordance with
the same procedures specified by this chapter for approval of a development agreement.
19.144.200 Cancellation by the City.
A. The City Council shall conduct a noticed hearing on the recommendations of the Director of
Community Development at which the developer and any other interested person shall be
entitled to submit evidence and testimony as may be germane to the issue of the developer’s
good faith compliance with the terms of the development agreement. If the City Council
finds, based on substantial evidence, noncompliance with the terms and conditions of the
development agreement, it may either cancel the development agreement upon giving sixty
days’ notice to the developer, or in its discretion, may allow the development agreement to
be continued by imposition of new terms and conditions intended to remedy
noncompliance. The City Council may impose conditions to the action it takes as it
considers necessary to protect the interests of the City. The decision of the City Council shall
be final.
B. Any cancellation or imposition of new terms and conditions pursuant to this section shall be
noticed in accordance with the procedures specified in Chapter 19.12, Administration of this
code.
19.144.210 Rights of the Parties after Cancellation or Termination.
In the event that a development agreement should be canceled, or otherwise terminated, unless
otherwise agreed, all rights of the developer, property owner or successors in interest under the
development agreement shall terminate. Any and all benefits, including money or land,
received by the City shall be retained by the City. Notwithstanding the above provision, any
termination of the development agreement shall not prevent the developer from completing
and occupying a building or other improvements authorized pursuant to a valid building
permit previously approved by the City or under construction at the time of termination, but
the City may take any action permitted by law to prevent, stop, or correct any violation of law
occurring during and after construction, and the developer or any tenant shall not occupy any
portion of the project or any building not authorized by a previously issued building permit. As
used herein, “construction” means work under a valid building permit, and “completing”
means completion for beneficial occupancy for developer's use, or if a portion of the project is
intended for use by a lessee or tenant, then for such portion “completion” means completion
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except for interior improvements such as partitions, duct and electrical runouts, floor coverings,
wall coverings, lighting, furniture, trade fixtures, finished ceilings, and other improvements
typically constructed by or for tenants of similar buildings. All such uses shall, to the extent
applicable, be deemed nonconforming uses and shall be subject to the nonconforming use
provisions of the planning code.
19.144.220 Rules Affecting Development Agreement.
All development agreements shall be subject to the regulation and requirements of the laws of
the State, the Constitution of the United States and any codes, statutes or executive mandates
and any court decisions, State or federal. In the event that any such law, code, statute, mandate
or decision made or enacted after a development agreement has been entered into prevents or
precludes compliance with one or more provisions of the development agreement, then such
provisions of the development agreement shall be modified or suspended in the manner and
pursuant to the procedures specified in the development agreement, as may be necessary to
comply with such law, code, statute, mandate or decision.
19.144.230 Separate Procedure.
All development agreements entail and consist of a separate procedure from other land use
planning procedures and shall not take the place of the zoning ordinances, the General Plan,
planned development permits, development permits, conditional use permits, subdivision
approvals, building permits or any other City planning functions. If so specified in the
development agreement, it shall constitute an approval pursuant to such planning procedures
as if separately enacted under other City planning ordinances. To the extent practicable, public
hearings on a proposed development agreement shall be held concurrently with the public
hearings on all related land use approvals and all such approvals shall be made concurrently
with the approval of the development agreement.
19.144.240 Effect of Development Agreement.
When approved, the development agreement and any development control maps and all
notations, references and regulations which are a part of the development agreement shall be
part of the development agreement ordinance. Development control maps include, but are not
limited to, regulations intended to carry out any plan respecting location or type of activities;
height, bulk, siding or design of structures; location or design of open areas; and landscaping
and other comparable regulations.
19.144.250 Construction.
This chapter and any subsequent development agreement shall be read together. With respect
to any development agreement enacted under this chapter, any provision of such a
development agreement which is in conflict with this chapter shall be void. Unless otherwise
provided by the development agreement, the City’s rules, regulations and official policies
governing permitted uses of the land, governing density and governing design, improvement
and construction standards and specifications applicable to development of the property subject
to a development agreement shall be those City rules, regulations and official policies in force at
the time of the approval of the development agreement by the City Council; provided, however,
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that the developer is subject to all increases in City imposed fees and charges with respect to
subsequent applications for development and construction within the property subject to a
development agreement.
19.144.260 Execution and Recordation of Development Agreement, Amendment or
Cancellation.
A. Within ten days after the ordinance approving the development agreement takes effect, the
City Council shall execute the development agreement, and the City Council Clerk shall have
the development agreement recorded with the County Recorder.
B. If the parties to the development agreement or their successors in interest amend or cancel
the development agreement as provided in Government Code Section 65868, and this chapter,
or if the City Council terminates or modifies the development agreement as provided in
Government Code Section 65865.1 and this chapter for failure of the developer to comply in
good faith with the terms or conditions of the development agreement, the City Council Clerk
shall, after such action takes effect, have notice of such action recorded with the County
Recorder.
19.144.270 Judicial Review–Time Limitation.
Any action or proceeding to attack, review, set, set aside, void or annul, any decision of the City
pursuant to this chapter shall not be maintained by any person unless the action or proceeding
is commenced within ninety days after the date of decision as provided in Section 1094.6 of the
Code of Civil Procedure, State of California.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0539 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:11/13/2014 City Council
On agenda:Final action:12/16/2014
Title:Subject: Council committee assignments
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council12/16/20141
Subject: Council committee assignments
Approve assignments
CITY OF CUPERTINO Printed on 12/11/2014Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0544 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:11/17/2014 City Council
On agenda:Final action:12/16/2014
Title:Subject: Follow-Up to November 6, 2014 Community Workshop on Traffic Safety around Schools
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Comments
B - Initiatives
C - Traffic Safety FAQs
D - Letter to VTA
Action ByDate Action ResultVer.
City Council12/16/20141
Subject: Follow-Up to November 6, 2014 Community Workshop on Traffic Safety around
Schools
ReceivepresentationonasummaryofcommentsandsuggestionsreceivedattheNovember6,
2014CommunityWorkshopandprovidedirectiononanymid-yearbudgetproposalsor
amendments to the municipal code. Direct staff to move forward on the following four actions:
·Prepareamid-yearbudgetproposalfortheinstallationofgreenbikelanesatvariouskey
locationsinthetri-schoolarea(KennedyMiddleSchool,LincolnElementary,andMonta
Vista High) and near Cupertino High School;
·BringtoCouncilanordinanceforconsiderationtoprohibittrucksinschoolzonesexcept
on major collector or arterial streets;
·WorkwiththeCupertinoUnionSchoolDistrict,FremontUnionHighSchoolDistrict
andtheSantaClaraCountySheriff’sOfficetoengageamobilityconsultanttomake
recommendationsandprioritizebicycleandpedestrianeducationandencouragement
programs, safety improvements, and enforcement strategies;
·WorkwithRecologyonapilotprogramtoadjusttrash/recycling/yardwastehaulroutes
and schedules to reduce conflicts between carts and bike lanes;
·ContinuetoworkwiththeValleyTransportationAuthority(VTA)andtheschool
districts on possible bus solutions to reduce school traffic congestion.
CITY OF CUPERTINO Printed on 12/11/2014Page 1 of 1
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1
PUBLIC WORKS DEPARTMENT
City Hall
10 10300 Torre Avenue • Cupertino, CA 95014-3255
Telephone: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: December 16, 2014
Subject
Follow-Up to November 6, 2014 Community Workshop on Traffic Safety around Schools.
Recommended Action
Receive presentation on a summary of comments and suggestions received at the
November 6, 2014 Community Workshop and provide direction on any mid-year budget
proposals or amendments to the municipal code. Direct staff to move forward on the
following four actions:
Prepare a mid-year budget proposal for the installation of green bike lanes at
various key locations in the tri-school area (Kennedy Middle School, Lincoln
Elementary, and Monta Vista High) and near Cupertino High School;
Bring to Council an ordinance for consideration to prohibit trucks in school zones
except on major collector or arterial streets;
Work with the Cupertino Union School District, Fremont Union High School District
and the Santa Clara County Sheriff’s Office to engage a mobility consultant to make
recommendations and prioritize bicycle and pedestrian education and
encouragement programs, safety improvements, and enforcement strategies;
Work with Recology on a pilot program to adjust trash/recycling/yard waste haul
routes and schedules to reduce conflicts between carts and bike lanes;
Continue to work with the Valley Transportation Authority (VTA) and the school
districts on possible bus solutions to reduce school traffic congestion.
Background
On October 27, 2014, the community suffered a tragic event that resulted in the loss of a
Monta Vista High School student. The event involved a collision between a truck traveling
on westbound McClellan Road and the student, who was riding a bicycle in the same
direction.
On November 6, a Community Workshop was held at the Quinlan Community Center on
the subject of traffic safety around schools. A facilitator assisted to divide the approximate
225 attendees into tables of around eight people per table, and instructed the attendees to
identify traffic safety “hotspots” and possible solutions. Staff has accumulated these
comments into Attachment A. Major areas of concern and suggestions included:
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Expanding the network of bike lanes;
Creating separation between bike lanes and vehicular travel lanes—including
allowing biking on sidewalks;
Requests for additional crosswalks, crossing guards and lighted crosswalks at
various locations throughout the city;
Increasing police enforcement at key locations;
Restricting truck traffic along school routes;
Implementing school busing;
Addressing garbage cans within bike lanes;
Coordinating with school districts, including adjustment of bell schedules; and
Education campaigns aimed at drivers, bicyclists and pedestrians.
The City has a long history of working with the Sheriff’s Office and the school districts to
address congestion and bike and pedestrian safety around schools. This includes physical
improvements such as installation of enhanced bike lanes, crosswalks, pavement markings,
signage and signal timing, conducting education and encouragement initiatives such as the
Walk One Week (WOW) program and the Bike Safety Rodeo, the use of enforcement
activities such as Sheriff traffic patrols for speed, bike lane and crosswalk encroachments,
periodic deployment of a radar speed wagon, and expanded use of crossing guards at
warranted locations. Prior to the October 27 accident, staff, in coordination with the Bicycle
Pedestrian Commission, was in the process of compiling and evaluating locations for
crossing guards, lighted crosswalks, green bike lanes, and other improvements. With the
input from the workshop, staff has supplemented these lists and will be prioritizing
locations based upon the results of the engineering analyses.
Continued initiatives for Engineering, Education, Encouragement, and Enforcement
activities (The 4 E’s) are being planned by the partnerships of the school districts, the City,
the Sheriff’s Office, and the City’s Bicycle Pedestrian Commission. A listing of these actions,
as well as upcoming actions, is provided in Attachment B.
Since the November 6th Community Workshop, several improvements have already been
made or will occur within the next several weeks. Additional “Bike Route” and “Share the
Road” signs have been installed on bike routes and streets approaching intersections with
bike lanes. In addition, ”sharrow” pavement legends, also called “shared lane markings”
which are intended to assist cyclists with lateral positioning in a shared lane, will be
installed at several locations on McClellan imminently. This was scheduled for last week,
but was delayed due to rains. The Sheriff’s Office also provided a bike safety presentation
at Lincoln Elementary School during the first week of December.
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Analysis
Education and Encouragement
The City met with representatives from the Cupertino Union School District and the
Fremont Union High School District on December 2, and has agreed to meet on a recurring
basis in the future to discuss traffic related issues, projects and programs. Consideration is
being given to developing a more formal partnership, with the assistance of an experienced
mobility consultant, to provide information on bike routes, bike and pedestrian safety,
carpooling, and to recommend prioritization of physical safety improvements.
Engineering
Traffic control in school areas is a highly sensitive and often emotional subject, creating a
diverse range of opinions about the best potential applications. Many popular ideas, such as
additional crosswalks, enhanced crosswalks, signage and other pavement markings may
not always be conducive to safety and, in fact, if the applications of these measures are not
in appropriate and technically warranted conditions, then they may cause unintended and
more dangerous situations. Experience has shown that simply spending funds on these
types of projects may not always result in safer conditions and often can be counter-
productive. It is important to stress that regardless of the school location, the safest and
most effective traffic control is achieved by the uniform application of realistic policies,
practices, and standards based on sound traffic engineering principles and engineering
judgment. It is also important to keep in mind that traffic control devices alone (signs,
crosswalks, etc.) are powerless to overcome the root cause of most school related crashes.
Most crashes result from the failure of the road users, motorists, cyclists, and pedestrians, to
comply with the rules of the road, and properly share the road space.
Green bike lanes are quickly proving to be widely accepted as an effective means of visually
delineating designated bike lanes from vehicular lanes. Green bike lanes have recently been
installed on sections of Stevens Creek Boulevard, De Anza Boulevard, and Tantau Avenue.
The Apple Campus 2 project will be installing green bike lanes along most of the perimeter
streets around their campus. Green bike lanes are expensive, with the cost in the range of
$45-$55 per-linear-foot of bike lane. Staff recommends that Council direct staff to include a
project proposal in the mid-year budget in the amount of $95,000 to fund approximately
1,700 feet of green bikes lanes in select locations around schools in the tri-school area, near
Finch Avenue and Cupertino High School.
Enforcement
Several key policy suggestions have been raised in the aftermath of the accident. Two of
these include allowing bicyclists to ride on the sidewalk, and prohibiting truck traffic in the
vicinity of schools during critical hours.
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Bicycling on Sidewalks
Bicycle riding on the sidewalk is currently allowed per the Cupertino Municipal Code
Section 11.08.180 for bicyclists under the age of 10 years old. The City has the discretion to
amend the Code to relax this restriction, and allow bicyclists of any age to ride on the
sidewalk. The Cupertino Bicycle Pedestrian Commission discussed this item at a special
meeting on December 8, and unanimously voted to recommend retaining the existing
ordinance as-is.
On October 9, 2014, prior to the McClellan Road fatality, the Public Safety Commission
(PSC) voted unanimously to recommend modifying Section 11.08.180 of the Municipal
Code to allow children under 14 years old to ride their bicycles on the sidewalk if they are
traveling to and from school. The stated reason for recommending this modification was that,
“Traffic congestion along elementary and middle school roads prevents bicyclists from
safely riding on the road during peak traffic hours at school. To encourage more bicycling
to and from school, the PSC recommends that 10-13 year-old student bicyclists be allowed
to ride on sidewalks. The PSC believes this to be consistent with current City Council
interests in the Walk Bike Carpool (WBC) program. The intent of this proposal is to let
elementary and middle school students use the sidewalk to safely ride their bikes to and
from school.”
On November 13, 2014, after the accident, the PSC voted to modify their previously
recommended change to include a stipulation that children must ride bicycles with the flow
of traffic if they are indeed under 14 and riding to or from school.
Staff is in agreement with the Bicycle Pedestrian Commission and does not recommend any
increase in the age limit for permissive bicycle riding on sidewalks—especially in locations
with bike lanes. The primary reason for the recommendation is that drivers backing out of
driveways are not expecting bicyclists to be approaching on a sidewalk, and therefore the
likelihood of conflict between vehicles and bicyclists would be increased. The concern is
heightened for bicyclists in the 10-13 year age range, since middle school students may be
more likely to be riding more aggressively than younger riders. The Council may wish to
direct staff to work with the Sheriff and the Attorney’s Office on alternatives.
Truck Prohibitions
The City also has the discretion to restrict truck traffic in the vicinity of schools. Currently,
trucks over three tons are prohibited throughout the city except along designated truck
routes or to directly access a site along the shortest route from a designated truck route.
This would allow a truck to travel along a roadway in the vicinity of a school during school
drop-off and pick-up times if the roadway provided direct access to a destination from a
designated truck route. In order to minimize the potential for conflicts between trucks and
school-related traffic, Council could prohibit trucks completely on roadways in the vicinity
of schools during drop-off and pick-up times. Such a municipal code amendment would be
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supported by staff and the Sheriff Department. Staff would recommend installing signs to
this effect adjacent to or near existing school zone signage, along major school corridors
such as McClellan Road and Bubb Road fronting public schools.
Garbage and Recycling Trucks and Carts
Several community members have suggested that solid waste carts left near the curb for
pick-up by our hauler become obstacles that often protrude into bike lanes. Solid waste
trucks can also create a hazard if pick-ups happen to occur during the morning school
commute. Staff has met with Recology and reviewed current collection route areas and
pickup times. Residential collection of carts occurs on Tuesday near J.F. Kennedy Middle
School and Wednesday near Monta Vista High School and Lincoln Elementary. Trucks
collect the materials within a window of time, generally in the morning after the three
schools’ bell times. On Wednesdays, collection times are split both before and after the 9am
bell schedule. Potential adjustment of collection days and/or hours is being reviewed by
Staff and Recology. Existing parking restrictions in the area are being reviewed as well as
the affects to the residents and others in the area where a route change may be
recommended. Recology is open to piloting a trial schedule adjustment that may include
adjusting days or earlier routes, where many carts could be removed in the morning prior
to the school commute. Recology is studying what adjustment may provide the most
benefit without causing issues with concerns on early morning or weekend noise.
Busing
Although we have previously been told by the VTA that the Bubb/McClellan area does not
have the ridership to support a bus route, we have asked them to reconsider given some of
the support that we have received from the community on this idea (see Attachment D).
Staff has also asked the school districts to consider reintroducing bus service in the future.
___________________________________
Prepared by: David Stillman, Senior Civil Engineer
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A- Listing of Comments Received at Community Workshop of November 6, 2014
B- Initiatives around the Tri-School Area
C- Traffic Safety FAQs
D- Letter to VTA Requesting Consideration of Bus Route
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Concerns and Suggestions
1 Host a real life bike rodeo
2 Fund bike safety courses
3 Bike safety booth at City events
4 No bike rodeo until safe bike paths are installed
5 Improve bike helmet standards
6 Free or discounted bike safety gear
7 Bike helmets and lights should be mandatory
8 Provide high-visibility flags for students to attach to bikes
9 Provide safe routes to school maps to parents
10 Implement bike checks (lights, helmets, etc)
11 Raised bike lanes
12 Separate bike and ped lanes
13 Rainbow is too narrow, no bike lanes
14 Need bike lane on McClellan near McClellan Ranch
15 More bike lanes around schools
16 Need bike path at sharp curve on McClellan
17 Bike lane on Bubb is too narrow
18 Widen bike lanes on Rainbow between Stelling and UPRR tracks
19 Construct bike paths through golf courses
20 Install green bike lanes along neighborhood streets
21 Install bike lanes between parked cars and sidewalk
22 Need bike lanes around Regnart Elementary School
23 Level/smooth bike lanes
24 Homestead only part time bike lane on Sunnyvale side
25 No barriers between bike lane and auto lane. Widen bike lanes instead
26 Need bike lanes on Orange
27 Need bike lanes on Crescent Road
28 Need bike lanes on Cupertino Road
29 Need separated pathways for bicyclists
30 Widen bike lanes on McClellan near the schools
31 Green bike lanes
32 Green bike lanes are too bright
33 Examine all corners with bike lanes to ensure they are properly marked
34 Need bike lane on Foothill at I-280 ramp
35 Textured pavement to alert drivers to bikes
36 Widen bike lanes
37 Need bike lane on McClellan between De Anza and Stelling
38 Need bike lanes on Hyannisport
39 Need bike lanes on Wilkinson
40 Need protected bike lane along McClellan in vicnity of schools
41 Protected bike lanes with berm or curb
42 Smooth seam between curb and asphalt in bike lane
43 Bike lane on Stevens Creek too narrow and curvy
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44 Install divider to separate bike lanes
45 Install bike lanes near Lawson Middle School
46 Bike lane on Stevens Creek near Wolfe and Finch turns into car lane
47 Raise age for biking on sidewalk
48 Allow bikes to ride wrong way on sidewalk
49 Allow bikes on sidewalks on Rainbow
50 No biking on sidewalks
51 Rainbow - allocate one side sidewalk for bikes, other for peds
52 Separate bus lane
53 School bus stop at Foothill/McClellan w/shuttle
54 Bus students into school areas from Seven Springs
55 Provide City buses for schools, to be used off-hours for other City facilities
56 Restrict buses from school areas
57 Expand bus system
58 Implement school busing/shuttle
59 Free bus tickets
60 Install red light cameras
61 Install cameras at hot spots
62 Install video surveillance/traffic cameras
63 Record traffic movements in school areas
64 Encourage carpooling
65 Too much congestion along McClellan
66 Congestion on Linda Vista at McClellan
67 Congestion at Hyannisport and Fort Baker
68 Congestion on September at McClellan
69 Congestion on Wilkinson
70 Congestion on Homestead at Homestead High School
71 Finch at Stevens Creek bottleneck in the morning
72 Congestion on/around Rose Blossom due to lack of through streets
73 Stevens Creek/De Anza busy intersection
74 Difficult to make left turns onto McClellan at September due to heavy traffic
75 Difficult to make left turns onto McClellan at Rose Blossom due to heavy traffic
76 Provide Rainbow bypass route through Seven Springs
77 Improve access across RR to Hyannisport and Imperial
78 Open Byrne and Orange to allow thru traffic
79 Need cut-throughs for McClellan Road traffic
80 Open up path between west end of Prospect and Upland Way
81 Open gate at Rancho San Antonio Park/Oak Valley
82 Open Rae Lane for commuters
83 Remove fences and gates that impede pedestrians
84 Better ped and bike connections throughout the city
85 Empower crossing guards to educate parents and children
86 More crossing guards
87 Need crossing guard at Bubb and Columbus
88 Need crossing guard at Bubb and Edward Way
89 Need crossing guard at Bubb and Pumpkin
90 Need crossing guard at Bubb and Rosario
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91 Need crossing guard at Hyannisport and Ft. Baker
92 Need crossing guard at McClellan/Rose Blossom
93 Need crossing guard at Bubb/Presidio
94 Need crossing guard at Finch/Calle de Barcelona
95 Need crossing guard at Bubb/McClellan
96 Need crossing guard at Rainbow/Bubb
97 Need crossing guards at Fairgrove school area
98 Need crossing guard at Rainbow/Stelling
99 Provide crossing guards near high schools
100 Installing flashing lights at every uncontrolled crosswalk
101 Install lighted crosswalks on all school routes
102 Additional crosswalks
103 Need crosswalk at McClellan/Rose Blossom
104 Need crosswalk midblock Bubb Road between McClellan and SCB
105 Need crosswalk across Foothill Blvd at Palm
106 Need crosswalk across Foothill Blvd at Santa Paula
107 Need crosswalk across SCB at California Oak Way
108 Need crosswalk across McClellan at September
109 Provide flags for crossing pedestrians
110 Need crosswalk at Bubb and Pumpkin
111 Need crosswalks on the south and east side of Blaney/Rodrigues
112 Need crosswalk at McClellan/Linda Vista
113 Need crosswalk at Bubb and Edward Way
114 Need crosswalk at Bubb and Rosario
115 Need crosswalk across Stevens Creek in front of Oaks
116 Review crosswalk configuration at Stevens Creek/Miller
117 Review crosswalk configuration at Stevens Creek/Tantau
118 Need crosswalk across Pacifica at Torre or library field
119 Need crosswalk at Stevens Creek/Finch
120 Need crosswalk at Stelling/Rollindell
121 Need crosswalks on Homestead between Stelling and Mary
122 Need crosswalk at Bubb/Columbus
123 Encourage student designs for crosswalk
124 Need lighted crosswalks
125 Review all crosswalk for potential improvements
126 Need lighted crosswalk lights at McClellan/Rose Blossom
127 Need lighted crosswalk lights at Mary/Lubec
128 Need lighted crosswalk at McClellan near McClellan Ranch
129 Need lighted crosswalk at Foothill/Cupertino Rd
130 Install lighted crosswalk at Westhill and Colony Hills
131 Install lighted crosswalk at south end of Kennedy Middle School
132 Need lighted crosswalks in Garden Gate area
133 Need lighted crosswalk at Stelling/Rose Blossom
134 Torre/Town Center Lane crosswalk not visible
135 Install raised crosswalks
136 Install lighted crosswalk at Foothill/McClellan
137 Students not looking for traffic before using crosswalk
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138 Students trickling into crosswalk instead of crossing in groups
139 Lawson and Collins school traffic cut-through neighborhood problem
140 Encourage parents to drop off students legally
141 Install drop-off zone along the RR track
142 Install drop-off zone near De Anza College
143 Install drop-off zone south of Kennedy Middle School
144 Identify central, new and safer locations to drop off students, then walk or shuttle
145 Install drop-off zone on Results Way
146 Implement school citation program - warnings given by school traffic personnel
147 Critique sheriff's training material to ensure it is engaging and accurate
148 More bike safety education
149 More education about walking paths
150 Make safety education available on-line, in an interesting and engaging form.
151 Develop web-based app for safety education
152 Train kids through virtual videos
153 Provide parent education on how to respond to and avoid accidents
154 Awareness campaign for all citizens
155 Education for parents and students rather than citations
156 Schools should educate students on bike safety
157 Educate parents at Back-to-school night
158 Sheriff should come to schools to educate students on traffic safety
159 Motorist education regarding bike lane blockage
160 Safety lessons for Apple employees
161 Involve middle and high school students in developing safety apps.
162 Sponsor a contest for students to develop bike safety posters.
163 More timely dissemination of information about accidents
164 Announcements at schools that students should make eye contact with drivers
165 Education for delivery trucks, contractors and city employees
166 Message on all proposals and decisions to all Cupertino resdients in Parks & Rec brocure
167 Develop rule book for kids walking and biking to school
168 Develop app to aid in carpooling, walk or bike groups, etc.
169 Provide quarterly update on workshop safety issues
170 Walk to School week should occur more often
171 Promote Boltage programs at more schools
172 More Walk-One-Week programs, or run for 21 days to develop habit
173 Provide electronic access to safety database and bike-ped hotlist
174 Bike lanes on Stevens Creek Blvd between Wolfe and Finch blocked
175 Increase traffic enforcement
176 Cars don't stop at stop signs along Rainbow
177 Private buses should obey traffic laws
178 Increase visible presence of sheriff as a deterrent
179 Bicyclists run stop signs at Linda Vista/Hyannisport
180 Bicyclists run stop signs at Linda Vista/McClellan
181 Increase enforcement of vehicles in bike lane
182 Increase enforcement at De Anza/Mariani
183 Need speed enforcement on Gardena
184 Need more enforcment for cell phone driving violations
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185 Stricter enforcement penalties during school hours near schools
186 Stevens Creek/De Anza cars don't stop
187 Cars ignore crossing guards on Bubb
188 More Sheriff enforcement at Bubb/McClellan
189 More Sheriff enforcement at Bubb/Rainbow
190 More Sheriff enforcement at Bubb/SCB
191 Cars block intersections and hit bikes
192 Only have police who are trained to maintain good traffic flow
193 Cars in bike lane on Stevens Creek between Wolfe and Finch
194 Enforce single-file biking
195 Enforcement in target locations at intersections
196 Take pictures of traffic offenders and send to sheriff
197 Ticket parents for making illegal U-turns after dropping off at Monta Vista
198 Sheriff patrols on bikes
199 Students should have to attend school for traffic infractions
200 No walking and texting
201 Increased fines for violations in school zones
202 Too many bicyclists on sidewalk on Stevens Creek
203 Provide traffic direction at Stelling/Rainbow
204 Garbage cans on sidewalk
205 Garbage cans block bike lane
206 Garbage pick-up on weekends around schools
207 City should provide an app for people to report unsafe conditions to City on website
208 Set up hotline for drivers/parents to report hazardous situations/incidents/issues
209 Jaywalking at Stevens Creek/Finch
210 Jaywalking on De Anza
211 Jaywalking on Bubb Road
212 Parents and students jaywalking
213 Need safe routes to school improvements Blaney to Lawson Middle School
214 Remove UPRR tracks so streets can be connected
215 Olive Ave, utility poles within streets provide no room for peds and bicyclists
216 Install light rail along Stevens Creek
217 Need barrier protection at McClellan/Bubb
218 Re-engineer Bubb/McClellan
219 Install metering lights on busy streets around schools
220 Add more lanes to McClellan
221 Install wide angle mirrors
222 Create more points of entry to the schools
223 Remove tree on McClellan at Bonny Drive
224 Improve entrance to Cupertino High and Hyde Middle from routes other than Stevens Creek
225 Need beacon on Anton at Stelling
226 Repair pot holes in Monta Vista
227 Pave the gap between ROW and private property in Monta Vista area
228 Divide turn lanes into bike/car areas
229 Install DG sidewalks to blend with environment
230 Need curb on Rainbow near Stelling
231 Install roofs over school bike racks
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232 Relocate Lincoln Elementary School
233 Provide certification of cyclists
234 Professional consultation with League of American Bicylists
235 Ensure VTA drivers are aware of 3-foot law
236 Send traffic engineer to Copenhagen for an education
237 Make sure every school participates in Safe Routes to School program
238 Pedestrian Bike Crash Analysis Tool (PBCAT) to analyze causes of crashes
239 Do not encourage biking to school until it can be done safely
240 Encourage walk-pools
241 Encourage bike-pools
242 Encourage students to walk to school
243 Better defined safe routes to school
244 Establish student bicycle organization
245 Increase parent safety support for walking and biking students
246 Provide incentives for students to bike and walk to school.
247 Involve PTA's to help them set up traffic guides for middle and high schools.
248 Google bus blocks apartment driveway on Mary
249 Prohibit parents from dropping students off in fire lane near Lawson
250 Different hours for kids riding bikes versus in cars
251 Prohibit road work near schools during school year
252 Debris in bike lane on Stevens Creek
253 Close bike lanes that don't meet 3-foot rule
254 Do not allow bikes if not enough room for 3-foot rule
255 Coordinate the flow of traffic around schools during school hours
256 Kennedy Middle School should allow students to ride through field
257 Hire independent service such as ALTRANS to evaluate traffic and safety
258 Redraw school attendance boundaries
259 Prohibit cyclists wearing earphones
260 Convert Faria back to neighborhood school
261 Engage big companies in developing solutions for congestion and buses
262 Developers should pay for new schools and roads
263 Prioritize safety over capacity
264 Encourage school district to "step up" to help City
265 Adults should be proper role models and behave appropriately
266 Expand school library hours before and after school
267 Reduce weight of items students must carry to/from school
268 Prohibit parents on campus except by appointment
269 Street cleaning not effective on Gardena due to parked cars
270 Cooperation between schools and neighborhood regarding safer travel
271 Develop a strict space allocation policy
272 Problem on Stevens Creek near post office
273 Foothill is a barrier to walking and biking
274 Kennedy school parking lot unregulated
275 De Anza/Mariani too many pedestrians without any safety controls
276 Homestead/Stelling too many pedestrians without any safety controls
277 Castine/Greenleaf needs more traffic controls
278 Traffic conflicts at Trader Joe's driveway
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279 Kennedy school, 6th period and cross country track and field collides with traffic
280 Reduce school population
281 Limit high-density housing
282 Limit parking around schools where drop-offs and pick-ups occur
283 Allow parking on only one side of the street
284 Restrict parking on Alves near Beardon
285 Restrict parking on Beardon near Alves
286 Apple employees park behind Infinite Loop near Lawson
287 Construct ped bridge over Stevens Creek Blvd at Carmen
288 Construct ped bridge at Bubb/McClellan
289 Construct ped bridge across Stevens Creek from Mary to De Anza college
290 Construct ped bridge from Bubb/McClellan to the schools.
291 Construct ped bridge across UPRR tracks near Jollyman Park
292 Install bridges and overpasses for bikes and peds near schools
293 "Protected intersection" for bicyclists at major intersections
294 Explore eminent domain to expand bike paths
295 Secure right-of-way or easement on McClellan between De Anza and Stelling
296 Secure right-of-way or easement at Stelling/Rolindell
297 Secure right-of-way or easement on Stelling between Squirehill and Shadowhill
298 Explore eminent domain to install sidewalks
299 Need to improve McClellan between Foothill and Byrne for bikes and peds
300 Improve Stelling/McClellan for bikes and peds.
301 Stevens Creek at Post office, crosswalks are dangerous
302 Dangerous for bikes to cross McClellan at September
303 Dangerous crossing Stelling and Rainbow intersection
304 Stevens Creek/Foothill intersection dangerous
305 Foothill/McClellan intersection dangerous
306 Foothill and Stevens Canyon Road dangerous for bikers
307 Oaks shopping center exit on Stevens Creek near Hwy 85 dangerous
308 Stevens Creek/De Anza dangerous for bikes and peds
309 Stelling/Stevens Creek challenging for pedestrians
310 Dangerous driving on McClellan near schools due to congestion
311 Stagger school hours
312 Peds on one side of street, bikes on other. By time of day.
313 Need sidewalks on Orange
314 Need continuous sidewalks along Stevens Canyon Road
315 Need continuous sidewalks along McClellan between Byrne and Foothill
316 Broken curbs and missing sidewalks on Gardena
317 Need sidewalk on Pasadena
318 Sidewalks discontinuous in Monta Vista area
319 Complete sidewalk improvements before new development
320 Need sidewalk on McClellan in front of De Anza College
321 Need sidewalk on Ann Arbor near Golden Gate
322 Need sidewalk on Dunbar
323 Construct sidewalks on all truck routes
324 Need sidewalks on Bubb south of Kennedy
325 Bushes blocking sidewalk and visibility on Bubb near Columbus
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326 Stop signs obscured by trees
327 Trees blocking view at McClellan/Rose Blossom
328 Trees blocking view at Bubb/Presidio
329 Improve sight visibility at Cold Harbor and Vicksburg
330 Yorkshire and Belknap blind area for drivers and pedestrians
331 Poor visibility on McClellan curve
332 Islands on Foothill obstruct visibility for turning vehicles
333 Need signs for bikers and pedestrians for neighborhood shortcuts
334 Add school crossing signs at Rainbow/Yorkshire
335 Need warning signs for trucks on McClellan at Foothill
336 Need warning signs for trucks on Bubb at Stevens Creek
337 Need warning signs for trucks on Stelling at Stevens Creek
338 Need warning signs for trucks on McClellan at Stelling
339 Need warning signs for trucks on McClellan at De Anza
340 Need warning signs for trucks on Rainbow at Stelling
341 Need "Slow Children Crossing" sign on Rainbow at Yorkshire
342 Enhance signage for locations of bike paths and pedestrian walk paths
343 Need signage to Stevens Creek Elementary
344 Install share the road signs
345 Improve signing and striping for bicyclists and along bike lanes
346 Improve truck route signage exiting Hwy 85
347 Install speed limit sign on Gardena
348 Driveway to Blackberry Farm needs signs to slow down or share the road or separate bike path
349 Install signs at city entrance requesting bike awareness from drivers
350 Install radar speed feedback signs
351 Install radar speed feedback signs on Stevens Creek
352 Install radar speed feedback signs on Foothill
353 Need protected left turn phasing at intersections
354 Need protected left turn phasing at Stelling and Rainbow EW
355 Review signal timing citywide
356 Need traffic signal at Stelling/Gardena
357 Review signal timing at Stelling/McClellan
358 No right-turn-on-red during school hours in school zone
359 No turn restrictions off of Stelling
360 No right-turn-on-red at freeway on- and off-ramps
361 No right-turn-on-red at Stelling and Stevens Creek Blvd
362 No right-turn-on-red at De Anza and Stevens Creek Blvd
363 No right-turn-on-red at Stelling and Rainbow
364 Not safe to make right turns from NB Stelling onto Stevens Creek
365 Increase left-turn signal timing at Stelling/SCB and Stelling/McClellan
366 Improve traffic signal coordination along Stevens Creek vicinity of Hwy 85
367 Streets near schools should have no left turns during school hours
368 No right turn on red where bike lanes exist
369 No left or right turn west of train tracks at all times
370 Eliminate free right turn at Stelling/Rainbow
371 Improve signal timing on Bubb at McClellan and Results
372 Install traffic light or right-turn-only at McClellan/Rose Blossom
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373 Install Share the Sidewalk signs
374 Install "When Children are Present" signs
375 Install more speed bumps
376 Install speed bumps on Festival new Orogrande
377 Install speed bumps on Stevens Creek
378 Install speed bumps on Foothill
379 Install speed breakers on Gardena
380 Remove planters on Canyon Oak Way. Install speed bumps instead
381 Reduce speed limit to 15 mph around schools
382 Reduce speed limit to 25 mph near Meyerholz
383 Cut-through traffic and speeding on Kirwin between Stelling and De Anza
384 Speeding along Stelling between Highway 85 and McClellan
385 Speeding along Rainbow between Stelling and Bubb
386 Speeding on Stevens Creek at Bubb and Phar Lap
387 Reduce traffic speeds along Stelling
388 Reduce traffic speeds along McClellan
389 Need stop sign at bottom of hill at Upland Way
390 Need stop sign at Orange/Almaden
391 Lomita yield sign should be a stop sign
392 Install all-way stop sign at McClellan/Byrne
393 Need all-way stop signa at Wilkinson/Columbus
394 Install 3-way stop at Finch/Calle de Barcellona
395 Need stop sign at Gardena/Castine
396 Need stop sign at McClellan/Rose Blossom
397 Need stop sign at Bubb/Presidio
398 Need stop sign at Bubb/Regnart
399 Allow bikes to ride wrong way on street
400 Close streets around schools during drop-off/pick-up times
401 Convert Byrne and Orange to one-way
402 Divide bike and car lanes
403 Install bike/ped only lanes
404 Convert Orange Ave to one-way with bike lane
405 Convert Mary Ave bridge to one-way auto access
406 Restrict traffic on SCB between Mary and De Anza
407 Make narrow streets into one-way streets
408 Convert streets to part-time one-way during school drop-off and pick-up
409 Split sidewalks, bikes on one side and pedestrians on the other
410 Need street light at McClellan/Rose Blossom
411 Need more street lighting on McClellan
412 Streetlight not working entering Hwy 85 north near the Oaks
413 Improve street lighting throughout city
414 Install street lights at Westhill and Colony Hills
415 Need street light at Squirehill/Westhill
416 Street lights on Gardena not working
417 Need street light at Bubb/Presidio
418 Need more street lights in Garden Gate Area
419 Need streetlight at Stelling/Gardena
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420 Improved lane markings
421 Repaint crosswalk at the beginning of the school year
422 Roadway markings unclear on Byrne/San Fernando/Alcazar/Orange
423 Restripe roads more frequently
424 Install roundabout at Blaney/Wheaton
425 Need traffic calming within neighborhood behind Bubb and Kennedy
426 Construct a trail along Regnart Creek
427 Need trail along RR tracks
428 Provide bike trail through Seven Springs
429 Construct trails along existing UPRR and creek channels
430 Improve safety of pedestrian crossing trail at E. Estates
431 Trucks from cement plant drive too fast
432 Prohibit trucks on McClellan
433 No exceptions for large trucks
434 No trucks in school zone during school hours
435 Truck ordinance is vague and needs explaining
436 Require trucks to have alarm system to notify them of someone nearby
437 Large trucks accessing 7-11
438 Student Safety Patrol to help with kids crossing roads
439 Have school personnel help move parents along in school drop-off and pick-up areas
440 Recruit parent volunteers to assist drop-off and pick-up
441 Widen McClellan at accident site
442 Widen Stelling/Rainbow intersection
443 Widen McClellan Road
444 Widen Bubb/McClellan intersection
445 Widen McClellan eastbound at Bubb
446 Streets too narrow to accommodate bikes and cars
447 Stevens Creek over Highway 85 too narrow for bicyclists
448 Widen some roads for multiuse by leveling sidewalk and bike lane
449 Widen McClellan near Bubb and near McClellan Ranch
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TRI-SCHOOL AND CITY-WIDE TRAFFIC SAFETY ACTIVITIES
During the workshop we will be discussing the tragic incident of Monday, October 27.
In addition, we would like to solicit input from residents about what can be done to improve
traffic conditions around our schools. To help with the discussion, we have included a list of
current practices and would like your feedback on how well these are working and any
additional ideas you may have:
1. Installed buffered bike lane and sidewalk on east side of Bubb Road north of the railroad
tracks.
2. Ongoing adjustment of traffic signal timing at McClellan/Bubb intersection to reduce
congestion to the extent possible.
3. Conducted an on-line survey of elementary school and middle school parents to
determine areas of concerns related to the safety of students walking or bicycling to
school. Staff will use the survey results to focus future efforts towards areas where
projects and improvements will have the greatest effect on encouraging walking and
bicycling to school.
4. The Cupertino Bicycle Pedestrian Commission and City staff hosted a well attended
First Annual Bike Safety Rodeo. Over 100 elementary- and middle-school children,
along with their parents, participated in the safety course. County Fire, Sheriff, the
Public Safety Commission, the Cupertino Library, and Community Development all
contributed time and resources, staffing booths and providing information to rodeo
participants.
5. Installed new bike lanes on Rodrigues Ave between De Anza Blvd and Blaney Ave, and
on Torre Ave between Rodrigues and Stevens Creek Blvd.
6. The City has begun installing green and buffered bike lanes on Stevens Creek Blvd, with
the intention of continuing these improvements throughout the city, focusing on school
locations and areas of potential bike-vehicle conflicts.
7. Teen Commission’s Walk One Week (WOW) Program to encourage walking and biking
to school.
8. In concert with the school administration, adjustment of the Lincoln Elementary School
drop-off area and connecting McClellan crosswalk, and provision of a crossing guard.
9. Crossing guards added at McClellan/Orange and Hyannisport/Ft. Baker.
10. Installation of pedestrian-actuated flashing yellow beacons at the Lincoln Elementary
School and Orange Avenue crosswalks across McClellan Road.
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11. Inclusion in the Capital Improvement Program of sidewalk construction projects for
McClellan Road to be initiated this year and several other nearby locations are being
analyzed for consideration in future year budgets.
12. Periodic deployment of the radar wagon.
13. Traffic enforcement around the schools, including speed, bike lane, and crosswalk
encroachment violations.
14. Sheriff’s deputy traffic instruction in the schools.
15. Public Safety Officers provided to control traffic at congested intersections.
16. The Monta Vista High School, Kennedy Middle School, and Lincoln Elementary School
Safe Routes to School project that:
a. Designed and constructed a drop-off area in the high school’s parking area
adjacent to McClellan Road and a special accessible sidewalk ramp along the
westerly commute to the tri-schools destination;
b. Established a school safety zone along the McClellan Road frontage of Monta
Vista High School and Lincoln Elementary School that included a warning
beacon to the west and enhanced crosswalks;
c. Installed other access improvements.
Planned Activities
17. The Bicycle Pedestrian Commission is in the process of updating the 2011 Bicycle
Transportation Plan, with a focus on school-area bike safety.
18. A plan has been approved to install “sharrows” and additional bike signage along
McClellan Road between Foothill and Byrne in order to increase awareness of bicyclists.
This will occur within the next couple months.
19. Public Works staff is compiling and prioritizing a list of pedestrian-crossing locations to
be potentially improved with various safety measures including in-pavement lights,
bulb-outs and/or signage.
20. Public Works staff has recently collected data at all existing crossing guard locations,
and several potential locations, in order to evaluate where crossing guards are most
needed.
21. High-use crosswalks citywide are being converted to the high-visibility “piano key”
style in order to increase crosswalk visibility to approaching motorists.
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Frequently Asked Questions Regarding Traffic Safety Near Schools
1) Are there any restrictions on truck routes within the City of Cupertino?
The City’s Municipal Code, Section 11.32 sets truck routes and regulations. “Trucks” are defined as a
vehicle exceeding a gross weight of three tons and less than 60 feet in length. Very generally, trucks
routes are designated to major collector and thoroughfare streets such as De Anza, Stevens Creek
Boulevard, Stevens Canyon, Foothill, Tantau, Wolfe and Homestead. There are exceptions to these
designated routes that allow trucks making pickups or deliveries within the City to take the shortest and
most direct route between points.
2) Where are crossing guard locations that the City and CUSD fund throughout the City?
The intersections are as follows:
* Blaney & Forest (Collins Elementary)
* Blaney & Suisun (Eaton Elementary)
* Greenleaf & Stelling (Garden Gate Elementary)
* Bubb & Hyanisport (Kennedy Middle)
* De Anza Blvd & Mariani (Lawson Middle)
* Vista & Merritt (Lawson Middle)
* Vista & Stevens Creek Blvd (Lawson Middle)
* McClellan & Orange (Lincoln Elementary)
* Bubb & Regnart (Regnart Elementary)
* Barnhart & Tantau (Sedgwick Elementary)
* Fort Baker & Hyanisport (Kennedy Middle School)
* McClellan & Lincoln Elem. (near Orange) - to monitor traffic flow / loading and unloading of children
Public Works staff has recently collected data at all existing crossing guard locations, and several
potential locations, in order to assist the schools and the city in validating or re-evaluating where crossing
guards are most needed.
3) Who makes the rules governing the placement of signs, striping, and lanes along public roadways?
The California Manual of Uniform Traffic Control Devices (California MUTCD), published by the State
of California, Department of Transportation (Caltrans), is issued for the purpose of adopting uniform
standards and specifications for all official traffic control devices, in accordance with Section 21400 of the
California Vehicle Code.
4) What are some of the engineering solutions to improve road safety for pedestrians and bicyclists?
Crosswalks
Pedestrians may legally cross any City street, except midblock between signalized intersections
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or where expressly prohibited by signage. A marked crosswalk (at intersection or mid-block)
may be installed to help pedestrians to cross a street. The primary function of marked crosswalks is to
guide and channelize pedestrians to a preferred crossing location. Marked crosswalks are most
appropriate near schools, recreational facilities and other pedestrian generators.
Positive Aspects
Provides centralized location for pedestrians to cross street
Increases driver awareness of pedestrians
Easy to install
Negative Aspects
Can provide false sense of security to pedestrians entering traffic
May require removal of parking near crosswalk
Crosswalks at intersections much preferred over unexpected mid-block crossings.
Bike lanes
Bike lanes provide a separate dedicated lane for bicyclists to travel next to vehicle lanes. Generally five
feet wide, bike lanes are provided throughout the City along all the major corridors. The City has begun
coloring bike lanes green in high traffic locations to further highlight the need to share the road.
5) I have requested that the City install a new crosswalk, in-pavement lighting, or new bike lanes. What
happens next?
Crosswalks and In-Pavement Lighting
Crosswalks and in-pavement lighting systems must meet certain warrants, as established by Caltrans
and outlined in the California MUTCD. These warrants take into consideration the amount of pedestrian
activity, speeds and volumes of vehicles, and accident history, and other factors, and are in place to ensure
that these features are installed only at locations where they would enhance safety. Crosswalks and in-
pavement lights are not appropriate for all locations, and may actually reduce traffic safety if installed
where not warranted. Consequently, careful engineering analysis is required to ensure that crosswalks
and in-pavement lights are placed only where they will enhance pedestrian safety.
All requests have been compiled and warrant analyses will be conducted within the next several months.
Following this, these features will be installed according to their priority as determined by the analyses,
and available budget and resources.
Bike Lanes
Bike lanes have been installed along all arterial streets in Cupertino, and along all collector streets where
there is sufficient curb-to-curb width. Bike lanes will be installed along the remaining collector streets as
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right-of-way becomes available or as the existing physical constraints are eliminated. The City is engaged
in an ongoing process to eliminate these constraints and acquire the necessary roadway easements.
Bike lanes along neighborhood residential streets are typically unnecessary, due to the low volumes and
speeds of vehicle along these streets. For the same reasons, bicycle accidents and injuries are rare along
these streets.
Bike lanes along residential streets are typically infeasible due to the limited curb-to-curb width available.
In order to provide bike lanes with on-street parking, an absolute minimum width of 46 feet is required,
more than is available on most streets. On-street parking could potentially be eliminated in order to make
room for bike lanes, but the adjacent property owners and neighborhoods have strongly objected to this
measure in the past. Also, eliminating on-street parking along residential streets could actually result in
increased vehicle speeds, which could ultimately degrade safety along the street.
6) Can raised markers or other similar features be used to separate bike lanes from vehicle
lanes?
No. The California MUTCD, Chapter 9, prohibits using any type of raised barrier to delineate bike lanes.
The reasons include:
Raised barriers prevent motorists from merging into bike lanes before making right turns, as
required by the CVC, and restrict the movement of bicyclists desiring to enter or exit bike lanes.
Raised barriers impede routine maintenance, and may result in accumulation of debris in the bike
lane.
Raised barriers increase the difficulty for bicyclists when entering or exiting bike lanes.
Raised barriers can become an obstacle which the bicyclists may hit, causing loss of control for the
bicyclist, resulting in an accident that otherwise would have been avoided.
7) What are some things the City has done or will be doing to enhance safety along our streets?
Conducted an on-line survey of elementary school and middle school parents to determine areas
of concerns related to the safety of students walking or bicycling to school. The results of the
survey will be used by staff to focus future efforts towards areas where projects and improvements
will have the greatest effect on encouraging walking and bicycling to school.
Hosted a successful First Annual Bike Safety Rodeo for elementary and middle school children.
Begun installing green and buffered bike lanes on Stevens Creek Blvd, with the intention of
continuing these improvements throughout the city, focusing on school locations and areas of
potential bike-vehicle conflicts.
Compiling and prioritizing a list of pedestrian-crossing locations to be potentially improved with
various safety measures including in-pavement lights, bulb-outs, signage, etc.
High-use crosswalks citywide are being converted to the high-visibility “piano key” style in order
to increase crosswalk visibility to approaching motorists.
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“Sharrows” and additional bike signage will be installed along McClellan Road between Foothill
and Byrne in order to increase awareness of bicyclists.
8) What are some things I can do to enhance safety along our streets?
Traffic accidents are typically the result of inattention or impatience on the part of users of our roadways.
Bicyclists and pedestrians are particularly vulnerable, and extra vigilance needs to be exercised in
locations where bicycle and pedestrian traffic is heavy. Some things you can do to help make the
roadways safer include:
Enroll your child in a bicycle safety course. Information regarding these courses can be obtained
from the City, Sheriff Dept, and local schools and bike shops.
If you drive, allow a little extra time for your trip. When in a rush, drivers often make unwise
decisions when behind the wheel.
Allow your child to walk or bike to school or, if not feasible, coordinate with neighbors to carpool
students to school. By helping to reduce vehicle congestion and increasing the presence of
bicyclists and pedestrians, the roadway environment is made safer for all.
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