CC Exhibit 5/19/15 Item No. 7 General Plan Amendment (dais) Andrea Sanders
From: Karen B. Guerin
Sent: Tuesday, May 19, 2015 4:05 PM
To: City Clerk
Subject: FW: Stop Uncontrolled Growth and Density
From: LimTak Cheung [mailto:ltcheung_98@yahoo.com]
EXHID
Sent:Tuesday, May 19, 2015 4:03 PM
To:City Council
Subject:Stop Uncontrolled Growth and Density
I just signed the petition, "Cupertino City Council members: Say NO to re-zoning the commercial sites in
Cupertino."
i
Andrea Sanders
From: Grace Schmidt
Sent: Tuesday, May 19, 2015 3:15 PM
To: ,City Council
Cc:
City Clerk �
Subject: FW: Cupertino General Plan Amendment
From: Dewell,Todd [mailto•TDewell(cbkimcorealty.com]
Sent: Tuesday, May 19, 2015 2:57 PM
To: Aarti Shrivastava H I BIT
Subject: Cupertino General Plan Amendment
Dear Aarti/Gary,
Thank you again for your time last week to discuss the'Cupertino General Plan and tonight's City Council meeting. We
have reviewed the agenda and staff report for tonight's City Council meeting, and as a first matter we want to express
our appreciation for all of staff's hard work on the proposed "community benefits"structure for Cupertino. As you
know,while Kimco does not have immediate plans for redevelopment of the Cupertino Village shopping center, Kimco is
engaged on an ongoing basis in strategic planning and visioning for Cupertino Village. To that end,we have been
following the City's process closely, and have reviewed the proposed General Plan amendment procedures in detail
internally and with our outside consultants in order to assess the impact on future planning activities. We will be at
tonight's meeting to listen and provide comments as necessary, but we also wanted to pass along the following
comments to staff before the meeting so you might have an opportunity to consider the comments in advance.
1. The proposed annual date for consideration of processing of General Plait mewilmen ats is o inclutionsded
o in the
`d`raft procedures. It would be helpful to understand when the Council anticipates
private property owners can factor the relevant timeline into their strategic planning and budgeting.
require
he
2. Aonce-per-year review limitation could be extremely burdensome on City staff and couleview the extensive subm ttalsrequi edtfortheotion
of significant staff resources away from other projects in order o
General Plan amendment annual process. Has the City fully considered whether it desires to divert its limited staff
resources on an annual basis, particularly when the current system allows the City to obtain community benefits
through the discretionary review and approval process for General Plan amendments?
ty Council
to pursue or
3. There is no waiver or exemption process for private development
do include an exemption for city-sponsored
ored
believes would be important to the community. The proposed process
r
General Plan amendments, but no exemption or waiver pro ate aincluded oexample, f arhot I developer ivate pwishedltoant
tax generating uses,or any other project proposed y p p
develop a significant tax generating use in the City, depending s nn twhich would resulthe exact time the deven al signifp a poloper ss of time that
beforeuse
could potentially have to wait for a year to even beg processing,g
TOT revenues began accruing to the City's General Fund.
minor and major
4. The draft procedures make no distinction-between a ed even l for amendments.
a m nor modification lof
significant given the likelihood that a General Plan amendment would be req
-allocation of existing development capacity is desired. Further, many
Table LU-1 in the General Plan if atransfer or rethe
dments that are often
stion or desire
typrojects require minor or insignificant General Plan amen arocedu ethe gsewill tie the City s l
handswith
(setback requirements, sidewalk widths, minor text amendments). The drat p
1
respect to minor General Plan amendments, make entitlement processing less flexible and more time consuming, and
possibly result in sub-optimal projects.
5. The draft procedures could halt or slow progress in the City and could drive desired development to adjacent
communities. The new procedures are unnecessary given that the City has complete discretion in processing any
proposed General Plan amendment today under existing procedures.
Todd D. Dewell,SCDP
Director of Construction I Western Region .
KIMC ��
REALTY
15 Southgate Avenue,Suite 2011 Daly City,CA 94015
T:650.746.7503 1 M: 925.788.99711 F: 650.756.3390
E:tdewell@kimcorealty.com
Bloa I Facebook I Twitter I Linkedln I YouTube
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2
.3
,'i
Andrea Sanders
From: Karen B. Guerin
Sent: Tuesday, May 19, 2015 1:13 PM
To: City Clerk
Subject: FW:Irresponsible Growth - development at Vallco
{ AF
&10.0 M, 13
From: Rajeev Joshi [mailto:pvrjoshi@yahoo.com]
Sent:Tuesday, May 19, 2015 1:13 PM
To: City Council
Subject: Irresponsible Growth-development at Vallco
A few yrs ago,there was a proposal from the then owners of Vallco to develop that parcel into housing, despite objections from the
neighborhood (those are the folks most impacted by these changes),it carried-subsequently there was a referendum which put a stay
on this activity. I hope the present council learns from this and once for all stops any attempts to change the face of retail in Cupertino.
If the current owner of Vallco feels this does not meet their profit objective they should move on.With the sprawl around the Apple
Campus in the same neighborhood we'cannot have more housing and congestion. Please act responsibly-the residents in this
community are fed up with not seeing their concerns heard and acted upon.
Rajeev Joshi
i
Andrea Sanders
From: Nagapriya K Tiruthani <nagapriyak@yahoo.com>
Sent: Tuesday, May 19, 2015 1:04 PM
To: City Clerk; City Council; City Attorney's Office; City of Cupertino Planning Dept.; David
Brandt;Aarti Shrivastava; Rebecca Tolentino
Cc: better-cupertino-work-group@googlegroups.com
Subject: Rescind the approved Community Vision 2040 - Resolution 14-211
Hi all, A H 1
1 attended the Dec 3rd Cupertino Council meeting where the Housing Element(HE) and General Plan Amendment(GPA)
were on the agenda. During the meeting, the council members deliberated and decided that only HE related documents
will be approved as there is a time constraint and then GPA discussions will be postponed.
Here's the video, that captures the deliberation:
http://bettercupertino.blogspot.com/2015/05/cupertino-city-council-promised-to.htmI
Then somehow the Community Vision 2040 was approved at the end of the same meeting. At the City's
website, http://www.cupertinogpa.org , we see this below statement about the General Plan Amendment.
Community Vision 2040
On December 4, 2014, the City Council formally adopted an amended General Plan for Cupertino
known as Community Vision 2040. The General Plan is a State-mandated document and provides
the vision for Cupertino's future. It sets the City's policy direction in a number of areas including land
use, mobility, housing, open space, infrastructure, public health and safety, and sustainability
through specific goals, policies and strategies.
What did we miss there? How did the resolution suddenly get passed without any deliberation when it was just discussed
that the GPA will be postponed? Did the Council just say what the residents wanted to hear and proceed with their pre-
planned agenda?This discrepancy does not let me think any differently.
Ok, then I thot that the GPA pertaining to the parts of the HE was only approved. But when looking carefully at the
Community Vision 2040, it doesn't really look like-a General Plan Amendment but in fact a rewrite of the General Plan
2005 that supports the request from SandHill for Vallco development. Lot of important sections have been removed from
the General Plan without informing the public. The workshop that was held to address the community's request talked only
about Heights and Setbacks.Does the GPA only include those 2? Of course NOT! Also, the locations discussed in that
workshop were anything other than Vallco. So, does that mean that Vallco will abide the 2005 GP?
Here's are some of the topics that are completely overlooked in the Community Vision 2040 document:
Schools:
The school superintendents from CUSD and FUHSD said that there is still room for accommodating students from all the
development proposed in HE when the community seriously doubted it. Recently, FUHSD presented a document to
present its case against a 123 parcel transfer from the Campbell Union HSD. The document presented a table that claims
that the FUHSD is currently 101 students over capacity and is expected to be over capacity by 1,309 by the 2020-2021
school year. 1,309 over capacity in just 5 years? 1,300 is half the enrollment of a very large high school!
Here is the snippet from the document that is attached (only the first page of the document is attached):
"Though, our community recently passed a new General Obligation bond to help pay for new"classrooms,
it will be a race each year to see if we can meet the demand for space. Adding any amount of new students
to this already skyrocketing enrollment number, will be a tremendous detriment to our students, staff and
community,"
Are we moving towards over-crowded schools?We do not have any plan or land to add a new school if our estimates are
off. Shouldn't a plan be recorded in the GPA as to what we will do if the schools go over-capacity?
Sewage:
Here is the letter from Sanitary department:
https://drive.google.com/file/d/OB7RMc9DXGhUAY3BBQktneFdPTGQOUklyUV8yQXFOZiFiblcw/view
The Cupertino Sanitary department clearly states that it does NOT have the sufficient capacity treatment plant for
the proposed General Plan. So, is there a section in the GPA that talks about fixing it before development starts?
Cupertino City Centerlocation is near full capacity and we still go ahead and add more residential units and office spaces
at the same location where the sanitary department is almost full?What actions have been planned to make sure the new
offices, housing units that flush their toilets don't overflow into the streets?
Former Planning Commission Chair Mr. Brophy's Letter:
Mr. Paul Brophy's letter to the City Council on Oct 27th, 2014 (extracted from pages 69-70, Appendix CCI Late
Comments, Dec 2nd CC meeting:
https://drive.google.com/file/d/OB7RMc9DXGhUAYIBUYUtmeDQwdia/view?usp—sharing
You can also find the letter
at: http://www.cupertinogpa.org/files/managed/Document/374/CC LateCommentsMemo pdf
As you can see, Mr. Borphy has detailed why we shouldn't add too much office space. He was the Chair of the Cupertino
Planning Commission and still the City Council completely overthrew his recommendation to add 2M sq feet office space
to Vallco at the last minute before approving the resolution. Then why have a planning commission if the City Council is
just going to overthrow any good recommendation it gets?When the City Council deals with many issues pertaining to
City governance, the planning commissions only motive is to plan a good city. Shouldn't the recommendation be at least
discussed?
Sections omitted in the new GPA:
The Community Vision 2040 has a lot of sections omitted. A cursory look at the Section 4 "Circulation" in "2000-2020
General Plan" to compare with Chapter 5 "Mobility Element" in "Community Vision 2040" alone shows the following
sections being removed.
Deleted Strategy(Pape 5) Strategy 2 Jobs—Housing Balance
Minimize regional traffic impacts on Cupertino by supporting regional planning programs to manage the jobs-housing
balance throughout Santa Clara County and the Silicon Valley.
Deleted Policy(Page 12) Policy 4-6: Traffic Service and Land Use Development
Maintain a minimum LOS D for major intersections during the morning and afternoon peak traffic hours. Achieve this
standard by imposing reasonable limits on land use to ensure that principal thoroughfares are not unduly impacted by
locally generated traffic at peak traffic hour.
Deleted Strategy(Page 13) Strateov 3 Allocation of Non-residential Development
In order to maintain a desired level of transportation system capacity, the city's remaining non-residential development
potential shall be pooled and reallocated according to the city's development priority tables as shown in the Land Use
Element of this Plan.
So, what about the other sections? The Community Vision 2040 is a big document. People might lose track on what they
read. The Council members are normal people too. Will they be able to keep track of what has been changed?
Therefore, I would like the City Manager to first come up with a document that lists the differences between the 2005
General Plan and Community Vision 2040. Unless we have a document like that, it is impossible to know what changes
have been made. When approving documents that will change the City of Cupertino, the residents and the Council need
to know clearly what changes have been made and what sections have be removed.
City of Palo Alto seems to follow process to clearly show the differences, check out this link:
http://vmw.paloaltocompplan.org/wp-content/uploads/2014/05/BusinessEconomics.pdf
2
It lists very clearly, which policy remains the same, which one is edited and which one is new. See Page 3 for Highlights of
Changes.
That's a great summary of changes.Then, in the end from Page 23, there is a Disposition table that details all of the
policies in the previous general plan and what happened to it.
This is what an 'amendment' should be like. When looking at this document, the Community Vision 2040 that Cupertino
City has adopted looks like a complete rewrite.
The above facts clearly states the not much discussion has taken place on the newly adopted Community Vision 2040.
The consensus was only to approve on Dec 3rd that was needed to get the Housing Element portion done and nothing
regards approving a document(Community vision 2040) that has huge changes.So, I would like the Council to rescind
what was passed as resolution 14-211 (B - Draft Resolution 14-211, Adoption of General Plan Amendments.pdf in Dec
2nd, 2014 agenda).
Thanks,
Nagapriya Tiruthani
PS: Please record it as part of the public record for the May 19th City Council Meeting.
3
Andrea Sanders
From: Xiaowen Wang <xiaowenw@gmail.com>
Sent: Tuesday, May 19, 2015 10:57 AM
To: City Clerk; City Council; City Attorney's Office; City of Cupertino Planning Dept.; David
Brandt;Aarti Shrivastava; Rebecca Tolentino
Subject: Job-housing Balance
Attachments: job-housing-Mayl9.pdf
EXHit; imigm
Dear City Councils,
I would like to bring your attention of a change in the new General Plan, Community Vision 2040. Please find
the attached slides on the deletion of Policy of Job-housing Balance.
As I watch your deliberations at the Dec. 3, 2014 council meeting, you all gave speeches on how schools are the
staples of our community; It make me wonder how could a Policy that contains Strategy of School Impact be
deleted so easily in the General Plan?
As I compare the development allocations, I am surprised to find out that the only change is the 2 MILLION
offices at Vallco. Admittedly, 2 million offices'is a big number, however,'can this change justify to take away
this policy? Should a city wide policy trump the 2 million office allocation? If we cannot achieve the job-
housingbalance, should we consider not to make such allocation?
I understand that to achieve the job-housing balance in our city is a challenge,but I would rather we do not
throw in the towel so early. Please reconsider the resolution 14-211 which deletes this policy and allocate the 2
million office.
Thank you very much.
Xiaowen Wang
Cupertino Resident
I would like to include this correspondence to the public record of May 19 council meeting.
1
t: Xr1IBIT
Job - Housing Balance
Xiaowen Wang
General Pl.a'n Amendment
/ •
IT\' Omend to
CUPERTCF INO � ` �
GENERAL PLAN , ,
�• ,�x.��tf w�i r
2000 - 2020
M �
4 � 7r
! U A
2005 General Plan -- Community Vision 2040
2005 .General Plan
Strategies:
1. Housing and Mixed Use. Allocate
housing or mixed-use development0on
certain commercial, office andc"e1erever
findustrial sites, consistent withs hn'�elong-term City revenue projec- d prospered .tions(See Policy 2-38 Economicd workablebeen;at theDevelopment Plan). rer;:THRIVING,BALANCED COMMUNITY12. Housing Impact.Since the qualiof Cupertino schools (elementary an
Policy 2-19:Jobs/HousingBalance high school) is a primary asset of the
Strive for a more balanced-ratio of jobs City,care shalCbe taken°[o ensuieanq
new lousing will nomadversely=impact
and housing units. thesesystems: ,
CITY OF CUPERTINO GENERAL PLAIN
Community Vision 2040
• Search key words: balance/school/job
• balance: 9 matches
• .school: 25 matches
• job: 2 matches
• No more policy and language as that in 2005 General Plan.
CITYWIDE GOALS AND POLICIES Policy LU-11.7_Connectivity
Create pedestrian and bicycle access between new
Balanced Community developments and community facilities.Review existing
The City seeks to balarcz future growth and development neighborhood circulation to improve safety and access for
in order create a more complete community.This includes students to walk and bike to schools,parks,and community
ensuring a mix of land uses that support economic,social
facilities such as the library.
and cultural goals in order to preserve and enhance
Cupertino's great quality of life. The CAP is based on 2040 growth projections for Cupertino
and identifies policies and strategies to reduce greenhouse
gas emissions at a municipal and community-wide level.
® Similar to most neighboring cities,Cupertino has historically
had an imbalance of land uses(housing,services and i6l;N
with a roadway infrastructure primarily dedicated to the
•• • 6 automobile.When this imbalance is multiplied at a regional
+ ® A • . + m level,there are regional consequences including,traffic
®• . ® + congestion,high housing costs,increased air pollution and
+ lack of accessibility for the young,elderly and disabled.
WHY?
® Do council members know this policy is amended
out?
® Does this amendment ever discussed in any
community outreach?
Why not ask residents "do you support job-housing
balance in Cupertino?" in the on-line survey?
Do we need such dramatic
change?
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Cq,r4N 1,912542 4E50.9E2 8629,549 9.470AS 1,175 1,429 i ZI,'M
4,430,982 9,470,005 1,429 23,294
4,430,982 11,,470;005 1,429 23,294
Please reconsider the
AMENDMENTS made in
Community Vision 2040 .
Back up
Deference
• 2005 General Plan: http://www.cupertinogpa.org/
app folders/view/20
• Community Vision 2040: htt
www.cupertinocgpa.org/app folders/view/424
l
Search results
balance
CHAPTER 3
Land Use and Community Design Element
INTRODUCTION
The Land Use and Community Design Element is the
keystone of Community Vision 2040.It unifies and informs
the other Elements by providing an overall policy context t. ,
for future physical change.It deals with the issues of future e -
growth and helps define the desired?.ra`f7r cE?among social,
environmental and economic considerations,while enhanc-
ing quality of life in the community.
As Cupertino implements Community Vision 2040,it ,
- aspires to preserve and enhance the distinct character of
each planning area to create a vibrant community with invit-
ing streets and public spaces,preserved,connected and `
walkable neighborhoods,exceptional parks and community _
" services,and a vibrant economy with a strong tax base. "
This Element includes goals,policies and strategies that '
provide direction on land use and design principles that will
shape future change in Cupertino.In tum,each of the other
Elements in Community Vision 2040 support the land use
and design assumptions included in this Element
. - LV-3 1
COMMUNITY VISION 2040
- _ City of Cupertino
Many of Cupertino's pioneer settlers planted vineyards and
wineries proliferated on Montebello Ridge,on the lower
.- foothills,and on the flat lands below.The valley,which „
flourished with orchards,became known as"Valley of the "
Heart's Delight'and was visited by tourists who came by -
electric railway and later by rail car.
In the late 1940s,Cupertino was swept up in Santa Clara
Valley's postwar population explosion.In 1954,Cupertino's
leaders began a drive for incorporation due to concerns
related to unplanned development,higher taxes and piece-
meal annexations by other cities.In 1955,the incorporation
s approved by an election on September 27,1955.
Cupertino became Santa Clara County's thirteenth City on -
October 10,1955.Today,Cupertino is part of Silicon Valley, -
home to major world-renowned companies in the high
technology sector.
Hillsides
Cupertino's hillsides are an irreplaceable resource shared by
the entire Santa Clara Valley.They provide important habi-
tat for plants and wildlife;watershed capacity to prevent '
flooding in downstream areas;a wide vegetative belt that
cleanses the air of pollutants;creates recreational opportu-
nities for residents;and a natural environment that provides
a contrast to the built environment.The City Elarces the
needs of property owners in.hillside areas with those of the '
environment and the community by allowing low-intensity
residential and other uses in these areas,while requiring
preservation of natural habitat and riparian condors when
selecting building sites.
Neighborhood Preservation
Cupertino is a city with diverse and unique neighborhoods
that vary in character and composition.As Cupertino
matures,the city must continue to look at preserving and
LU-6
CHAPTER 3
Land Use and Community De=ign Element
CITYWIDE GOALS AND POLICIES
;.Balanced Community
The City seeks to 5@agce,`jfutum growth and development
in order create a more complete community.This includes
ensuring a mix of land uses that support economic,social
and cultural goals in order to preserve and enhance
Cupertino's great quality of life.
- E
Policy LU-1.1:Land Use and Transportation
Focus higher land use intensities and densities within
a half-mile of public transit service,and along major
corridors.
Policy LU-1.2:Development Allocation
Maintain and update the development allocation table
(Table LU-1)to ensure that the allocations for various land
uses adequately meet city goals.
Strategy LU-1.2.1:Planning Area Allocations.
Development allocations are assigned for various Planning
Areas.However,some flexibility may be allowed for
transferring allocations among Planning Areas provided no
significant environmental impacts are identified beyond
those already studied in the Environmental Impact Report
(EIR)for Community Vision 2040.
LU-13
1
CHAPTER 3
Land Use and Community Design Element
while increasing opportunities for other modes of
transportation.
Strategy LU-8.3.3:Infrastructure and Streetscape
Improvements.Consider infrastructure and stmetscape
improvementsinareas,such as the Crossroads or South
Vallco area to encourage redevelopment as a pedestrian-
oriented area that meets community design goals.
Strategy LU-8.3.4:High Sales-Tax Producing Retail Uses.
Consider locations for high sales-tax producing retail uses
(such as life-style and hybrid commodity-specialty centers)
provided the development is compatible with the surround-
ing area in terms of building scale and traffic.
Policy LU-8.4:Property Acquisition
Maximize revenue from City-owned land and resources,and
ensure that the City's land acquisition strategy is 6elaaced
with revenues.
Policy LU-8.5:Efficient Operations
Plan land use and design projects to allow the City to main-
tain efficient operations in the delivery of services including,
community centers,parks,roads,and storm drainage,and
other infrastructure.
LU-35
CHAPTER 3
Land Use and Community Design Element
utilizing that formula.Properties that have already been
since subdivided in conformance with the above designa-
tion have no further subdivision potential for residential
purposes.
Strategy LU-12.1.4:Existing lots in Foothill Modified and
Foothill Modified 1/2-acre Slope density designations.
Require discretionary review with a hillside exception for
hillside or R7 properties if development is proposed on
substandard parcels on slopes per the R7 and RHS zoning.
Policy LU-12.2:Clustering Subdivisions
Cluster lots in major subdivisions and encourage clustering
in minor subdivisions,for projects in the 5-20-aae slope
density designation.Reserve 90 percent of the land in
private open space to protect the unique characteristics of
the hillsides from adverse environmental impacts.Keep the
open space areas contiguous as much as possible.
Policy LU-12.3:Rural Improvement Standards in
Hillside Areas
Require rural improvement standards in hillside areas to
preserve the rural character of the hillsides.Improvement
standards shouldl-bdladce the need to furnish adequate util-
ity and emergency services against the
Strategy LU-12.3.1:Grading.Follow natural land contours
and avoid mass of grading of sites during construction,
especially in flood hazard or geologically sensitive areas.
Grading hillside sites into large,flat areas shall be avoided.
Strategy LU-12.3.2:Roads.Roads should be narrowed to
avoid harming trees and stmambeds.
Strategy LU-12.3.3:Trees.Retain significant specimen
trees,especially when they grow in groves or clusters and
integrate them into the developed site.
LU-d1
COMMUNITY VISION 2040
City of Cupertino
Oak Valley Neighborhood
llir
S
o
Policy LU-29.1:Development Intensity
Require development intensity for the single-family Oak
Valley neighborhood to be consistent with the development
agreement that includes the use permit and other approv-
als.The development agreement describes development
areas,intensity and styles of development,public park
dedication,Vee protection,access and historic preserva-
tion.The theme of the approvals is to�bsla;jcedevelopment
with environmental protection by clustering development,
setting it back from sensitive environmental areas and pre-
serving large areas as permanent open space.
Policy LU-29.2:Design Elements
Require buildings to reflect the natural hillside setting
as required in residential hillside zones with traditional
architectural styles and natural materials and colors.Larger
building elements should be scaled to respect the existing
development in the surrounding area.
LU-7d
Search results
schools
CHAPTER
Land Use and Community Design Element
has made strides towards improving walkability and bike-
ability by retrofitting existing streets to include bike lanes;
creating sidewalks lined with trees along major boulevards;
and encouraging development to provide a more pedestri-
an-ortented frontage with active uses,gathering places and
entries lining the street
As the City seeks to implement sustainability and com-
munity health objectives,future growth and retrofitting
of existing infrastructure will create vibrant mixed-use,
c rcial,employment and neighborhood centers;
pedestrian-oriented and walkable spaces for the community
to gather;and distinct and connected neighborhoods with
easy walkable and bikeable access to services,including
Echols',parks and shopping.
Historic Preservation
The Cupertino area was originally settled by the Ohlone
Indians,who lived in the Rancho San Antonio area for over
3,000 years.In 1776 the area was explored by Spanish
soldiers during an expedition let by Colonel Juan Batista
De Anna.The area was later settled by European immi-
grants who established farms on the valley's fertile land and
enjoyed a thriving agricultural economy.
In the late nineteenth century the village of Cupertino
sprang up at the crossroads of Saratoga-Sunnyvale Road
(De Anza Boulevard)and Stevens Creek Road.It was first
known as the West Side.However,by 1898 the post office
at the Crossroads needed a new name to distinguish it from
other similarly named towns.The name"Cupertino"came
from a local creek and winery owned by John T.Doyle,a
San Francisco lawyer and historian.In 1904,the Cupertino
name was officially applied to the Crossroads post office.
At the same time,the Home Union Store at the Crossroads
location was renamed the Cupertino Store and moved to
the northeast corner of the Crossroads. -
LL'-5
CHAPTER 3
Land Use and Community Design Element
enhancing its built environment-Cupertino's vision is to ,
preserve the distinct character of neighborhoods;provide PriorityDevelopment Areas
walking and biking connections to services including parks. In 2068 ABAG t
and he MTC
sc(ionrand shopping;and revitalize neighborhood centers created a regional.m,:-,lve
_ as community gathering places.The City welcome to alfow local governments to
citizens as partners in making sure that their neighborhood identify Priority Development ,
are the kind In which they want to live in the future. Areas.(PDAs)PDAs are areas
- where new development will
Regional Land Use Planning . support the day-to day needs
The Sustainable Communities and Climate Protection Act of _of residents and wo,"rkers m a - -
2008(5B 375)calls on each of the State's 18 metropolitan pedestrian friendlylenvuophJent•;'•
areas to develop a Sustainable Communities Strategy(SCS) served bY;transit:,While.PDAs,.:. '
to accommodate future population growth and reduce were originally established to
greenhouse gas emissions from cars and light trucks.Plan address housing needs m infill
Bay Area,jointly adopted in 2013 by the Association of communiues.they
ave been
Bay Area Governments(ABAG)and the Metropolitan -broadened to advance-fomsed
Transportation Commission(MTC),is the region's first employment growth PDAs are
Sustainable Communities Strategy to meet the require- critical coin' f, imple
merits of SB 375 through the year 2040. menting the region's proposed - -
Plan Bay Area anticipates that the.Bay Area's population w ll long to m growth'strategy The'
grow from about 7 million today to approximately 9 million level.of growth n,each PDA by 2040 with employment growth of about 1.1 million jobs. reflects its role m ache vmn
The Plan provides a strategy for meeting 80 percent of the regional ci'ectrves.and how it t
region's future housing needs in Priority Development Areas fits into locallg designated prior ,
(PDAs).These are neighborhoods within walking distance of ity'growlh plans.,Cupa nos_ - -
_ frequent transit service,offering a wide variety of housing PDA area includes prop rues
options,and featuring amenities such as grocery stores, within a quarter mile pf.Stevens,'
community centers and restaurants. Creek Boulevard from Highway
.85 to its eastern bolder and a- -
Cupertino's Demographics portion of North and South be
Cupertino's population has grown from 3,664 in 1960 to Anza Boulevards: ,
over 58,000 in 2010 per the U.S.Census Bureau.Most of
the population growth has been from annexation of areas
into the city and from tract development during the 1970s -
and 1980s.The city's population is projected to grow to
LU 7
-- COMMUNITY VISION 2040 e -
City of Cupertino '
change in corridors that support all modes of transit, -
providing neighborhoods with easy access tosc`}'a`1s
parks and neighborhood centers. - - -
_ 4. Land use and economics.The City will look to diversity
the City's tax base,support and retain existing busi-
_ - nesses,increase the vitality of aging commercial centers
with redevelopment,seek to diversify shopping oppor-
tunities so that the community has the opportunity to -
satisfy their shopping needs within Cupertino. ..
_ 5. Urban design,form and character-The City will seek
high-quality development to achieve desired physical
environment in Planning Areas,including walkable,
connected neighborhoods,inviting sheets that allow
for different modes of transportation,and vibrant and
- - - walkable special areas,and neighborhood centers in
.. keeping with Community Vision 2040. - -
6. Preservation of natural environment and hillsides.
Cupertino is blessed with an abundance of natural -
resources,including hillsides,creek corridors,and sensi-
'tive animal and plant habitats along the foothills.Much
of this land is preserved in low-intensity residential and
_ agricultural uses or open space.As redevelopment
_ occurs,the City will strive to preserve these natural „
areas through land use and building design decisions. -
7. Economic Vitality and Fiscal Stability.As Cupertino's - -
_. population grows and ages,demands on commu-
nity resources will increase.In order to maintain and r -
enhance the community's quality of life,the City will '
- ensure that existing businesses are encouraged to rein-
. vest and grow in Cupertino,and that the city continues
to attract new businesses and investment. -
LU-12
CHAPTER 3
land Use and Community Design Element
Policy LU-10.5:Annexation
Actively pursue the annexation of unincorporated proper-
ties within the City's urban service area,including the
Creston neighborhoods,which will be annexed on a parcel-
by-parcel basis with new development.Other remaining
unincorporated islands will be annexed as determined by
the City Council.
Access to Community Facilities and Services
The City will seek to improve connectivity and access to
public facilities and services,including De Anza College.
O p
Polity LU-11.1:Connectivity
Create pedestrian and bicycle access between new
developments and community facilities.Review existing
neighborhood circulation to improve safety and access for
students to walk and bike to'sdoo}r parks,and community
facilities such as the library. ��
Policy LU-11.2:De Anza College
Allow land uses not traditionally considered part of a col-
lege to be built at De Anza College,provided such uses
integrate the campus into the community,provide facilities
and services not offered in the City and/or alleviate impacts
created by the college.
LU-39
COMMUNITY VISION 2040
City of Cupertino
Neighborhoods
The City has many neighborhoods,each with its own
distinctive character and setting.These neighborhoods
play a vital role in supporting Cupertino's great quality of
life.Neighborhood goals and policies help preserve and
enhance the quality of life by protecting neighborhood
character and improving walking and biking connections
to parks,•,'sfs�and services.Neighborhoods typically
offer a variety o'f housing choices to meet a spectrum of
community needs.The following general goal,policies and
strategies apply to all neighborhoods in the city.
Policy LU-27.1:Compatibility
Ensure that new development within and adjacent to resi-
dential neighborhoods is compatible with neighborhood
character.
Strategy LU-27.1.1:Regulations.Maintain and update
design regulations and guidelines for single-family devel- .
opment that address neighborhood compatibility and
visual and privacy impacts.
Strategy LU-27.1.2:Neighborhood Guidelines.Identify
neighborhoods that have a unique architectural style,
historical background or location and develop plans that
preserve and enhance their character.Support special zon-
ing or design guidelines(e.g.,the Fairgrove Eichler neigh-
borhood)and single-story overlay zones in neighborhoods,
where there is strong neighborhood support.
LU-r?
CHAPTER 3
Land Use and Community Design Element
Strategy LU-27.1.3:Flexibility.When neighborhoods are
in transition,add flexibility for requirements for new devel-
opment that acknowledge the transition while continuing to
respect the existing neighborhood.
Strategy LU-27.1.4:Late Night Uses.Discourage late-
evening entertainment activities such as nightclubs in
commercial areas where parcels are especially narrow,
abut single-family residential development,and cannot
adequately provide visual and noise buffers.
Policy LU-27.2:Relationship to the Street
Ensure that new development in and adjacent to neighbor-
hoods improve the walkability of neighborhoods by provid- .
ing inviting entries,stoops and porches along the street
frontage,compatible building design and reducing visual
impacts of garages.
Policies LU-27.3:Entries.
Define neighborhood entries through architecture,or land-
scaping appropriate to the character of the neighborhood.
Gates are discouraged because they isolate developments
from the community.
Policy LU-27.4:Connections.
Support pedestrian and bicycling improvements that
improve access with neighborhoods to parks,s�,.d_disand
local retail,and between neighborhoods.Support traffic
calming measures rather than blocking the street to reduce
traffic impacts on neighborhoods.
Policy LU-27.5:Streets.
Determine appropriate street widths,bike lane,sidewalk
and streetlight design to define the unique character of
neighborhoods,where appropriate.
LU-73
Search results
job
CHAPTER 3
Land Use and Community Design Element
enhanc ng its built environment Cupertino's vision t -
Preserve the distinct character of neighborhoods,provide Priority Develop t Areas
walking and biking connections to services including parks, a 12008 ABAG d theTC M
schools and shopping;and revitalize neighborhood centers ,1ted g o I iniiiallve,;,
as unity gathering places.The City will welcome -t II w I cal g m is to; `1
ci*e s as partners in making sure that their neighborhoods -_`d t Priority D I pm pt.„T
1 are the kind in which they want to live in the future. Ar as(PDAs)PDAs a
Regional Land Use Planning c.whem new development will, 't
The Sustainable Communities and Climate Protection Act of app nth day to-d y e ds=
2008(SB 375)calls on each of the State's 18 metropolitan f reId n1s and workers a
acts to develop a Sustainable Communities Strategy(SCS)
tr n fr endly n nrnerit';
,serve'bitninsit Whit PDAs`
to accommodate future population growth and reduce neo g nally a tabl h d to `
greenhouse gas emissions from cam and light trucks.Plan add s h Ing ed I nfill� ..
Bay Area,jointly adopted in 2013 by the Association ofm,Ines;tit y h en
e be ;
Bay Area Governments MAGI and the Metropolitan e b.d e,d toad n fdcused
Transportation Commission(MTC),is the region's first
Sustainable Communities Strategy to meet the req ne- on
ply t g._vrth PDAs re.
marts of SB 375 through the year 2040. ti I p e t f mpl _'.
mentmg,tlia region'proposed,-,
Plan Bay Area anticipates that the Bay Area's population will 'Jorg t rn growth trat gy Ther.
grow from about 7 million today to approximately 9 Ilion -le 1 (g ovrth" h PDA'
by 2040 with employment growth of about 1.1 milli,,4
�'reB ctsu olein ch 9;.-
The Plan provides a strategy for meeting 80 percent of the ,reg n 1 61 clivi sland how it-
region's future housing needs in Priority Development Areas .'('ta i t I ally d g i d prior
(PDAs).These are neighborhoods within walking distance of Jty g v plans C p rts
frequent transit service,offering a vide variety of housing PI)Aiieii includes pop rtes
options,and featuring amen t es such as grocery stores, withina quarter mile f Stevens.
community centers and restaurants. 'Creek Bou-
levard f o H ghway
'85 t is zstern b icier and a'
Cupertino's Demographics %<Pon,
of N'o`rth aric(SoiAhh6ii
'Anza B
Cupertinos population has grown from 3,664 in 1960 to uleverds _
over 58,000 in 2010 per the U.S.Census Bureau.Most of
the population growth has been from annexation of areas
into the city and from tract development during the 1970s
and 1980s.The ciH population is projected to grow to
tua
CHAPTER 3
Land Use and Community Design Element
2006(AB 32)and Executive Order 5-3-05 set a target to
reduce California's greenhouse gas emissions to 1990 levels
by year 2020 and by 80 percent below the 1990 levels
by year 2050.The City is in the process of completing its
Climate Action Plan(CAP),which aims to achieve statewide
and Bay Area emissions reduction targets.
The CAP is based on 2040 growth pmjections for Cupertino
and identifies policies and strategies to reduce greenhouse
gas emissions at a municipal and community-wide level.
Similar to most neighboring cities,Cupertino has historically
had an imbalance of land uses(housing,services andj6_
with a roadway infrastructure primarily dedicated to the
automobile.When this imbalance is multiplied at a regional
level,there are regional consequences including,traffic
congestion,high housing costs,increased air pollution and
lack of accessibility for the young,elderly and disabled.
Economic.Vitality
Cupertino is fortunate in its location in the heart of Silicon
Valley.Despite its mostly suburban characteristics to the
west and south,the city is home to a number of small,
medium and large software,technology and biomedical
companies.Community Vision 2040 includes more office
growth to support a strong fiscal revenues and a stable tax
base.In particular,policies focus on retaining and increasing
the number of small,medium and major businesses in key
sectors and provide flexible space for innovative startups
that need non-traditional office environment.Policies for
commercial areas seek to revitalize the Vallco Shopping
District,and enhance commercial centers and neighbor-
hood centers,which contribute to the City's tax base and
serve community needs.
LU-9
Andrea Sanders
From: Karen B. Guerin
Sent: Tuesday, May 19, 2015 9:48 AM
To: City Clerk
Subject: FW: Please stop uncontrolled high density development in our neighborhood as
indicated in current GPA
"A I BwFT
g`
H" I
From:Tao Lin [mailto:ltao99@gmail.com]
Sent:Tuesday, May 19, 2015 9:29 AM
To: Rod Sinks; Barry Chang; Gilbert Wong; svaidhyanathan@cupertino.or; Darcy Paul
Subject: Please stop uncontrolled high density development in our neighborhood as indicated in current GPA
Dear City Councils,
I urge you to double think before you make any vote for current GPA as it's against to the major Cupertino
residents' interests, and it's against to a healthy and sustainable community.
As a civil engineer who has many years of experience in planning and construction, I am very concerned about
current uncontrolled high density development due to GPA. Your service as a city council really determines the
future of this beloved neighborhood.
Please double double think your decision on your valuable votes, using your own conscience, from a
perspective of the local residents instead of the developers.
Thank you.
Tao
i
Andrea Sanders
From: Karen B. Guerin
Sent: Tuesday, May 19, 2015 8:24 AM
To: City Clerk
X H B I
Subject: FW:Vote NO!
From:Susan Moore [mailto:susanmoore2000@yahoo.com]
Sent: Monday, May 18, 2015 9:17 PM
To: City Council
Cc:susanmoore2000@yahoo.com
Subject:Vote NO!
BE RESPONSIBLE - Vote NO to stop uncontrolled growth and density!
Cupertino has too much traffic already.
Schools will be overcrowded - how many more portables will there be?
City cannot sustain more housing which means additional showers and flushing toilets in this drought.
1
Andrea Sanders
From: Karen B. Guerin
Sent: Tuesday, May 19, 2015 8:11 AM
To: City Clerk
Subject: FW:General Plan review EXHIBI MU I a&
From:AABH@aol.com [mailto:AABH@aol.com]
Sent:Tuesday, May 19, 2015 3:30 AM
To:City Council
Subject: General Plan review
Dear City Council,
I appreciate the work you do and the balancing act you manage as our city leaders. I served the
planning commission for 7 years, 2 years as chair, and love our city as much as you do.
I am glad to see a holding pattern on the recommendation to revamp our city corridors, increase our
heights and density, and change forever Cupertino as we know it.
We don't need to do that.
Currently most of our corridors are zoned for 45 feet, but were built to just one or two stories, maybe .
10 or 20 feet high. New development would be at.the maximum heights and densities, as you know,
and also these days we are typically building right up to the street. The result of height change for our
corridor streets would be a total loss-of views of our hills, major impacts on traffic and school capacity,
and a loss of our present suburban quality of life. Our residents don't really want that.
I worry about 2M sq ft of office at Vallco because the traffic would be intolerable, and ABAG will
require an inordinate number of housing units. I like Peter Pau. He has been a good partner for our
city, and Vallco needs a redo. But all developers say that they need way more square footage than
they really need to be profitable, and that they can't underground the parking and be viable, but those .
of course are expected stances to be negotiated. Also it was very clear from the meetings we recently
had that the voters don't want to grant size concessions in exchange for "community amenities."
So good luck! I know you will find a way to define some small steps to enable modernism and still
maintain our suburban character and quality of life. And that is what most of us really want.
Best regards,
Andrea Harris
i
Andrea Sanders
From: Piu Ghosh
Sent: Tuesday, May 19, 2015 9:12 AM
To: Aarti Shrivastava; David Brandt; Carol Korade
Cc: Colleen Winchester,City Clerk
Subject: FW:Vallco not on May 19 agenda but I transcribe Vallco discussions form Dec 3, 2014
FYI....
H.
-EX-
From: Erin Cooke
Sent: Tuesday, May 19, 2015 7:43 AM
To: Piu Ghosh-,-Gary Chao
Subject: FW: Vallco not on May 19 agenda but I transcribe Vallco discussions form Dec 3, 2014
Question 2 of 2. Thanks again.
From: Gary Latshaw [mailto:glatshaw0)gmail.com1
Sent: Tuesday, May 19, 2015 7:19 AM
To: Erin Cooke; Rick Kitson
Subject: Fwd: Vallco not on May 19 agenda but I transcribe Vallco discussions form Dec 3, 2014
A friend sent me this. She find the critical parts of a previous council meeting. I gather then the council doesn't
have to make a decision on the vallco parcel at this time.
Gary
---------- Forwarded message----------
From: Linda Sell<Indsell a,gmail.com>
Date: Tue, May 19, 2015 at 4:32 AM
Subject: Vallco not on May 19 agenda but I transcribe Vallco discussions form Dec 3, 2014
To: Tim Brand<tkbrandnsbcglobal.net>, Gary Latshaw<glatshaw@,gmail.com>
Vallco not on May 19 agenda but I transcribe Vallco discussions form Dec 3, 2014 Council Meeting
December 3,2015
[hours:minutes:seconds]
[00:39:25] Barry Chang: For example the audience has spoke out, they feel Vallco project is too rushed so
can we put Vallco project delay it and discuss it when they have a specific plan working with the resident to.
come to some kind of agreement. Then we do a general plan amendment with approving the project at the same
time.
City manager: The general plan is the upper level of entitlement. No zoning. It is still zoned what it was last
year. It was retail and that would continue until they got it rezoned.
Barry Chang: Until they have the specific plan. Until the city approve it with the rezone at that time. If we
can work it out. We don't approve. We don't rezone.
.Attorney: If you want to tonight, you can amend the general plan to give Vallco the housing. Some number of
housing units and to change the corresponding general plan amendment. But that does not give them the right to
do anything. In addition to tonight's approval. They would need to comeback sometime in the next three years
i
and comeback and get zoning within the next three years and have a specific plan approved.
Barry Chang: If we allocate the housing element then we are giving them the blank check and then we cannot
stop it
100 :42:39]
Attorney: If you do not want to give them a blank check Lou hold back approval for the projecti two
Number one is zoning. lie-
ways.MEN@
o
i _Ec` ion M, �Te e,�t `$ e_ e Y o a�,o o ,o o a _...What we are identifying is just the
options. That is all we are talking about the options.
Rod Sinks: -My understanding is that-there have been some change recently then when we pick a housing
element site. If we do assign-Vallco in the housing element. Provision that it is not entitle until a specific plan
comes back to council. Obviously after a community process. If we see a broad support from the
community. The council could elect to put it through its paces. If the public is not behind the specific plan or if
the specific plan does not meet the requirements of the city can you talk to that
Aarti Shrivastava,Assistant City Manager: MEW wha ear ousa `s t a 0u a_e {o oa. O. abbe os. rig
e�rct�j ..mat h41��t%rn -
Rod Sinks: Our residents are not comfortable
Aarti Shrivastava,Assistant City Manager: 'a wol: e o W3 tib G'e ,=ewel per h. otng o., ant
t°i
Rod Sinks: On Nov. 10 we place some housing elements there but nothing is entitled until there is a specific
plan and no rezoning..
Rod Sinks Deliberation: ...Right now over half that mall is shutter... What do you think is going to happen.
Would it be great if someone was will to invest in a great retail. We would not need to do any office or any
residential. I'd be fine with that. I am guessing the developer might be in the 400 million...500 million...we
cannot put a park there unless you want to put up a bond measure and you all want to put a park there great.But
man that is a lot of money for every resident in town. It is a order of magnitude beyond what the voters of the
city accepting. Let it decay further is not an option. I talked.to a lot of experts not only the cities retail
consultant. Folk that did Santana Row...I honestly don't think ani hi g Ies_ mxe = e i{ outo sln":
�; o .ce .g®"gig to .;,or.- •. �;� e 3 ;-'c=o c of 9�malR 4�iat�cori=,�ue o pita o e pine o, best e�f=
[2:59:06] Savita: Savita reads Sierra club letter that recommends housing near employment
[3:02:13] Darcy Paul: Community sentiment is that Vallco needs to be redeveloped. We do not see these three
0 _ a e t et ill ot Eora o& [a T t o4 ob it= the e.tee oa not 3n: .s wox �-ae anchor stores surviving....I accept the idea that most people want to do somethinwith Vallco
[3:00:02] Rod Sinks Are you okay with Vallco to comininate into a spefic plan.-designate as housing element
site with not zoning, not set back, no heights,until the earliest of specific plans
__ [3_00:35] :' ��tKa f �eduseclwith'�`taill®use g�arro fir
vA
[4:15:15] Rod Sinks die�e ,, as co xcen us ona T leas plc�l t a e _#ec t d4iti� toolMemo.
o 1�aea
cii xl'a"nbxze ht=forth �' D 1 te�c '. slroo Lin k $2 �ffee zliat Qes n ite�"aafli
_ �__ . _
2 .
—MM
[4:21::51] "...Vallcos going to go or it is not going to go.
Fight for Renewable Energies! Save the global ecology; create jobs; eliminate dependence on foreign oil;
reduce military requirements
Gary Latshaw, Ph.D.
408-499-3006
3
Andrea Sanders
From: Liang C <Ifchao@gmail.com>
Sent: Monday, May 18, 2015 5:48 PM
To: City Clerk
Subject: Fwd:An Environment Group Sued San Jose and Won Because its General Plan Creates
Excessive Jobs
1
Follow Up Flag: Follow up
Flag Status: Flagged
Please put this into the public record for Many 19th meeting for item 7b. Thanks.
---------- Forwarded message----------
From: Liang C <lfchao c gmail.com>
Date: Mon, May 18, 2015 at 4:47 PM
Subject: An Environment Group Sued San Jose and Won Because its General Plan Creates Excessive Jobs
To: City Council<citycouncil c cupertino.org>, City Attorney's Office<CityAttorney�2ccupertino.org>,
planning_gpertino.org
I'd like to bring your attention to this recent lawsuit filed by an environment group against San Jose over their
General Plan because the General Plan creates too many jobs. The San Jose General Plan "Envision 2040"
forces urban sprawl, instead of avoiding it, because it would require 109,000 more housing units to be built
elsewhere in the region. The environment group California Clean Energy Committee won and San Jose settled
and paid for attorney fees. San Jose barely avoided having to throw out the new General Plan, but they have to
redo a section of the EIR.
Our new General Plan, as proposed in December, would create excessive jobs. That might get Cupertino sued
by similar environment groups. Would our EIR hold up under scrutiny? Traffic analysis, sewage system, green
house emission?
Read the following article and change "San Jose" to Cupertino and the exact same problem exists in Cupertino
General Plan "Community Vision 2040."
San Jose's population is about 15 tunes of Cupertino. 109,000 divides 15 translates to about 7,000 jobs, in the
scale of Cupertino. And Cupertino is creating much more than 7,000 jobs without any plan for housing or traffic
mitigation. Apple Campus 2 is expected to create a demand of 14,000 new workers. Now that 2 million square
feet of office is added to Vail-166", it will create another demand of 10,000 to 12,000 workers. Even if we are
building 4,421 housing units,by 2040, we are still creating a huge demand for more housing. Much more than
the 7,000 projected by ABAG.
And San Jose has a problem with job deficiency, which is why they are creating more jobs in their General
Plan. But Cupertino already has a 1.3 to 1 job-worker ratio. The allocation of 2 million square feet of office at
Vallco, on top of Apple Campus 2, opens Cupertino up for a lawsuit.
In addition, the EIR states the "future growth under the proposed Project would come incrementally
over approximately 26 years," the EIR assumed a citywide office allocation of 4 million square feet over a
period of 26 years, to be built up gradually. The EIR never estimated the impact of 2 million square feet of
office to be built in 2 years, as soon as Apple Campus 2 finishes, within half mile of each other.
1
Please rescind Resolution 14-211. Your action to correct an unintentional mistaken would save Cupertino from
potential lawsuits and many problems from urban sprawl, as pointed out by this article. And you will win the
people's hearts. A good and transparent government that listens to the residents and that's not afraid to stand up
and correct its course of action down a path that might ruin Cupertino in the long run. I hope people would be
glad that they voted for you to represent the residents' interests.
Thank you.
Liang-Fang Chao
Cupertino Resident
-----------------------------
San Jose's Traffic-Intense General Plan Held Unlawful, May 7, 2015
http://www.californiacleanenerry.or san jose s traffic intenseeg neral plan held unlawful
The California Clean Energy Committee has successfully over-turned the City of San Jose General Plan due
to the failure to adequately analyze impacts resulting from a lack of housing for people employed in the
city. The City's recent update of its general plan would require 109,000 additional housing units to be built
elsewhere in the region for employees working in San Jose.
The Association of Bay Area Governments (ABAG) described the effect of that kind of planning in its 2007-
2014 Regional Housing Needs Plan—
In the Bay Area, as in many metropolitan areas, cities with employment centers have historically planned for
insufficient housing to match job growth. This lack of housing has escalated Bay Area housing
costs. Unmet housing demand has also pushed housing production to the edges of our region and to
outlying areas. San Joaquin, Stanislaus, and San Benito counties have produced much of the housing needed
for Bay Area workers. People moving to these outlying areas has led to longer commutes on increasingly
congested freeways and inefficient use of public transportation infrastructure and land. Negative impacts
on health, equity, air quality, the environment and overall quality of life in the Bay Area also result.
The City conceded that it is "very apparent"in the Bay Area that"it is the physical relationship between the
location of housing and jobs . . . that significantly contributes to several of the primary impacts of concern
in the region, particularly air pollution and the excessive consumption of energy and land resulting from
an inefficient sprawling land-use pattern.".
In short,the proposed general plan update means more sprawl, more traffic, more costly regional
transportation projects, more noise, more land consumed by transportation structures, greater
contributions to climate disruption,more maintenance obligations for stretched government budgets, more air
pollution, more transportation expense for individuals, more time consumed sitting in traffic, and less time for
family and leisure.
Moreover, the City has no plan in place to pay for the costs of dealing with the traffic its plan would
produce.
The City exhausted an innovative set of planning tools just trying to keep pace with the impacts from new
traffic generated by its general plan update. Despite those efforts, the City still fell considerably short of even
holding off new adverse impacts.
2
According to the City, "Traffic and the environmental effects of traffic, such as air pollution, noise, and
greenhouse gases resulting from induced population' growth in other jurisdictions will result in significant
environmental impacts."
The California Legislature has enacted legislation in an effort to this kind of local planning and to ensure that
communities are designed to reduce the amount of driving that people need to do to carry on their daily
activities. (See Sustainable Communities and Climate Protection Act of 2008.)
The California Air Resources Board has set a target, calling for a 4 percent reduction in per capita vehicle
miles traveled (VMT), to be achieved through improved local planning. The City of San Jose now proposes to
head dramatically in the opposite direction. Its proposed general plan would increase daily vehicle miles
traveled (VMT) from 19.8 million to 34.8 million by 2035. (See Final Program EIR at 882.)
Even if the effect of population growth is factored out, the City's general plan update still represents a dramatic
32% increase in per capita VMT.
x
The City, relying on faulty advice from the Bay Area AQMM, failed to disclose the impact on GH-G- emissions
resulting from lack of adequate housing and increased traffic.
The California Supreme Court has made it quite clear that ignoring such impacts "results in an `illusory'
comparison that `can only mislead the public as to the reality of the impacts and subvertfull consideration of
the actual environmental impacts,' a result at direct odds with CEQA's intent." (Communities fora Better
Environment v. South Coast Air Quality Management District(2010) 48 Ca1.4th'310.)
3
Andrea Sanders
From: Karen B. Guerin
Sent: Monday, May 18, 2015 4:53 PM
To: City Clerk
Subject: FW:An Environment Group Sued San Jose and Won Because its General Plan Creates
Excessive Jobs
mw R
EAIHIB12ml=
From: Liang C [mailto:lfchao@gmail.com]
Sent: Monday, May 18, 2015 4:48 PM
To: City Council; City Attorney-'s Office, City of Cupertino Planning Dept-.----
Subject:
ept.--Subject:An Environment Group Sued San Jose and Won Because its General Plan Creates Excessive Jobs
I'd like to bring your attention to this recent lawsuit filed by an environment group against San Jose over their
General Plan because the General Plan creates too many jobs. The San Jose General Plan "Envision 2040"
forces urban sprawl, instead of avoiding it,because it would require 109,000 more housing units to be built
elsewhere in the region. The environment group California Clean Energy Committee won and San Jose settled
and paid for attorney fees. San Jose barely avoided having to throw out the new General Plan,but they have to
redo a section of the EIR.
Our new General Plan, as proposed in December, would create excessive jobs. That might get Cupertino sued
by similar environment-groups. Would our EIR-hold up under scrutiny? Traffic analysis, sewage system, green
house emission?
Read.the following article and change "San Jose" to Cupertino and the exact same problem exists in Cupertino
General Plan "Community Vision 2040."
San Jose's population is about 15 times of Cupertino. 109,000 divides 15 translates to about 7,000 jobs, in the
scale of Cupertino. And Cupertino is creating much more than 7,000 jobs without any plan for housing or traffic
mitigation. Apple Campus 2 is_expected to create a demand of 14,000 new workers. Now that 2 million square
feet of office is added to Vallco, it will create another demand of 10,000 to 12,000 workers. Even if we are
building 4,421 housing units,by 2040, we are still creating a huge demand for more housing. Much more than
the 7,000 projected by ABAG.
And San Jose has a problem with job deficiency, which is why they are creating more jobs in their General
Plan. But Cupertino already has a 1.3 to 1 job-worker ratio. The allocation of 2 million square feet of office at
Vallco, on top of Apple Campus 2, opens Cupertino up for a lawsuit.
In addition, the EIR states the "future growth under the proposed Project would come incrementally
over approximately 26 years," the EIR assumed a citywide office allocation of 4 million square feet over a
period of 26 years, to be built up gradually. The EIR never estimated the impact of 2 million square feet of
office to be built in 2 years, as soon as Apple Campus 2 finishes, within half mile of each other.
Please rescind Resolution 14-211. Your action to correct an unintentional mistaken would save Cupertino from
potential lawsuits and many problems from urban sprawl, as pointed out by this article. And you will win the
people's hearts. A good and transparent government that listens to the residents and that's not afraid to stand up
1
and correct its course of action down a path that might ruin Cupertino in the long run. I hope people would be
glad that they voted for you to represent the residents' interests.
Thank you.
Liang-Fang Chao
Cupertino Resident
-----------------------------
San Jose's Traffic=Intense General Plan Held Unlawful, May 7, 2015
ht!p://www.califom�iacleanenergy.org/san jose s traffic intenseeg neral_plan held unlawful
The California Clean Energy Committee has successfully over-turned the City of San Jose General Plan due
to the failure to adequately analyze impacts resulting from a lack of housing for people employed in the
city. The City's recent update of its general plan would require 109,000 additional housing units to be built
elsewhere in the region for employees working in San Jose.
The Association of Bay Area Governments (ABAG) described the effect of that kind of planning in its 2007-
2014 Regional Housing Needs Plan—
In the Bay Area, as in many metropolitan areas, cities with employment centers have historically planned for
insufficient housing to match job growth. This lack of housing has escalated Bay Area housing
costs. Unmet housing demand has also pushed housing production to the edges of our region and to
outlying areas. San Joaquin, Stanislaus, and San Benito counties have produced much of the housing needed
for Bay Area workers. People moving to these outlying areas has led to longer commutes on increasingly
congested freeways and inefficient use of public transportation infrastructure and land. Negative impacts
on health, equity, air quality, the environment and overall quality of life in the Bay Area also result.
The City conceded that it is "very apparent"in the Bay Area that"it is the physical relationship between the
location of housing and jobs . . . that significantly contributes to several of the primary impacts of concern
in the region, particularly air pollution and the excessive consumption of energy and land resulting from
an inefficient sprawling land-use pattern."
In short, the proposed general plan update means more sprawl, more traffic, more costly regional
transportation projects, more noise, more land consumed by transportation structures, greater
contributions to climate disruption, more maintenance obligations for stretched government budgets,more air
pollution,more transportation expense for individuals, more time consumed sitting in traffic, and less time for
family and leisure.
Moreover, the City has no plan in place to pay for the costs of dealing with the traffic its plan would
produce.
The City exhausted an innovative set of planning tools just trying to keep pace with the impacts from new
traffic generated by its general plan update. Despite those efforts, the City still fell considerably short of even
holding off new adverse impacts.
According to the City, "Traffic and the environmental effects of traffic, such as air pollution, noise, and
greenhouse gases resulting from induced population growth in other jurisdictions will result in significant
environmental impacts."
2
The California Legislature has enacted legislation in an effort to this kind of local planning and to ensure that
communities are designed to reduce the amount of driving that people need to do to carry on their daily
activities. (See Sustainable Communities and Climate Protection Act of 2008.)
The California Air Resources Board has set a target, calling for a 4 percent reduction in per capita vehicle
miles traveled (VMT), to be achieved through improved local planning. The City of San Jose now proposes to
head dramatically in the opposite direction. Its proposed general plan would increase daily vehicle miles
traveled (VMT) from 19.8 million to 34.8 million by 2035. (See Final Program ETR at,882.)
Even if the effect of population growth is factored out, the City's general plan update still represents a dramatic
32% increase in per capita VMT.
The City, relying on faulty advice from the Bay Area AQMD, failed to disclose the impact on GHG emissions
resulting from lack of adequate housing and increased traffic.
The California Supreme Court has made it quite clear that ignoring such impacts "results in an `illusory'
comparison that `can only mislead the public as to the reality of the impacts and.subvert full consideration of
the actual environmental impacts,' a result at direct odds with CEQA's intent." (Communities for a Better
Environment v. South Coast Air.Quality Management District(2010) 48 CalAth 310.)
3�
Andrea Sanders
From: Karen B. Guerin
Sent: Monday, May 18, 2015 3:08 PM
To: City Clerk
Subject: FW: Cupertino GPA
EXrfliEIBIT
-----Original Message-----
From: Sabrina Rizk [mailto:sabrina.rizk@gmail.com]
Sent: Monday, May 18, 2015 3:06 PM
To: City Council
Subject: Cupertino GPA
Dear Honorable Council Members,
Thank you for your service to our community.You have some tough decisions to make. I wanted to provide my two
cents, so that you hear a voice other than the negative ones who seem to take issue with anything that is proposed.
This is the Cupertino I would like to see in the future:
-One that has a better balance between jobs and housing and one that has a greater diversity of housing options for all
income levels and age groups. I'm not concerned about Cupertino becoming a 'company town' should more Apple
employees live here, as there are too many other employers in the area (unlike an isolated northern or mountainous
mining/lumber town), and Apple does not control the town general store and the price of basic.goods, unlike the
company towns of yore.
-One that offers transit alternatives, be it separated bike lanes, Community shuttles, mini school buses, and any other
alternatives where the evidence shows people will use it and where it will reduce our carbon footprint.Alternatives
should exist for people of all income groups, ages, and life-circumstances.
-Village centers with at least some basic services to neighborhoods, to encourage more walking/bike and reduce
distances of car trips. Potential locations could be South DeAnza between Rainbow and Prospect (on the Cupertino side),
and the Stevens Creek/Bubb Road area, as a start.
- More mixed-use/residential density along Stevens Creek between DeAnza and Stelling and on DeAnza between
Bollinger/Stevens Creek.There are several single story plazas along here that are ripe for redevelopment in what would
truly be the 'Heart of the City'. I could even see Senior Housing (apartments), going in where the Pizza Hut is, if we could
find a willing developer.
- I also support the redevelopment of The Oaks as residential mixed-use, as well as Vallco. On this issue of office space at
Vallco, if the Council truly believes it is necessary to support economic diversification, then go for it. If Apple is just going
to lease it all up,then it doesn't serve our purposes.
- If the school districts and utilities say they can accommodate demand, and if Council continues to work with transit
authorities, the private sector, and to support the building of separated bike lanes, then I support moving forward on
transforming Cupertino into a more dynamic city.
1
- I believe Cupertino residents are underserved in the sit-down restaurant and shopping categories. Many of the new
eateries seem to be catering to people who work in the city and who just need to grab a quick lunch.While I believe that
that population needs to be served as well, I would like to see more restaurants like a California Pizza Kitchen or Opa,
where families can go and enjoy dinner together.
-Since part of the purpose of the GPA was to replenish hotel stock, and since it would have little impact on schools and
to a lesser extent traffic, I support moving ahead with Cupertino Inn's request for additional height/hotel rooms. Since
the other proposals that included hotel rooms are mixed-use projects, I see them returning under the competitive
process proposed by staff.
- I am concerned that we just spent 2 years on a process that didn't get us very far and don't think it's fair to property
owners who have already expressed interest in improving their properties. While I believe in due diligence and
community input, I think we need to keep in mind that economic circumstances can change in a moment. I would be
hesitant to wait too long to approve/deny development proposals. That said,the new annual competitive process looks
like an efficient and consistent approach to considering major development proposals in the future.
Finally, I strongly urge all Council members to make evidence-based decisions that will benefit the greater good and that
will meet our climate change goals.
Sincerely,
Sabrina Rizk
Cupertino Resident
2
Andrea Sanders
From: Chen Shi [chenshi66@yahoo.com]
Sent: Monday, May 18, 2015 1:16 PM
To: City Council; Chen Shi
Cc: City Clerk
Subject: Re: From a registered voter and Cupertino resident: Please Rescind Ordinance 14-211 to
Correct the Innocent Mistake
LIME= x
Cupertino City Council Member,
I urge the Cupertino City Council to rescind Resolution 14=211, a total rewrite of the General Plan,
because they were misinformed and the Council did not spend time deliberate such important
document.
The residents and the Council members deserve the time they require to study and discuss
different aspects of the plan in detail. Plus, the Council promised to postpone GPA on Dec. 4,
2014 already.
As a registered voter and Cupertino resident, I urge the Cupertino City Council to
• Save Cupertino Schools from uncontrolled growth.
a Keep Cupertino as a suburban city.
• Keep "2000-2020 General Plan" (a.k.a. 2005 General Plan) until the year 2020.
• Discontinue Developer/community Benefits program or any form of it.
• Consider GPA request one project at a time.
Grow the city sensibly and sustainably with infrastructure enhancement.
Name: Shi Chen
Email: chenshi66(a'D-yahoo.com
Address: 10594 White Fir Ct. 95014, Cupertino CA
i
Andrea Sanders
From: Cailan Shen [shencailan@gmail.com]
Sent: Monday, May 18, 2015 1:12 PM
To: City Council
Cc: City Clerk
Subject: From a registered voter and Cupertino resident: Please Rescind Ordinance 14-211 to Correct
the Innocent Mistake 1�2T
Cupertino City Council Member, EXHIB04'
I urge the Cupertino City Council to rescind Resolution 14-211, a total rewrite of the General Plan,
because they were misinformed and the Council did not spend time deliberate such important
document.
The residents and the Council members deserve the time they require to study and discuss
different aspects of the plan in detail. Plus, the Council promised to postpone GPA on Dec. 4,
2014 already.
As a registered voter and Cupertino resident, I urge the Cupertino City Council to
• Save Cupertino Schools from uncontrolled growth.
• Keep Cupertino as a suburban city.
• Keep "2000-2020 General Plan" (a.k.a. 2005 General Plan) until the year 2020.
• Discontinue Developer/community Benefits program or any form of it.
• Consider GPA request one project at a time.
• Grow the city sensibly and sustainably with infrastructure enhancement.
Name: Cailan Shen
Email: shencailan(cDgmail.corn
Address: 10594 White Fir Ct. 95014, Cupertino CA
i
Andrea Sanders
To: Grace Schmidt
Subject: RE: [Better Cupertino WG] Civil Grand Jury
From: Karen B. Guerin
Sent: Monday, May 18, 2015 1:38 PM 'wBIT
To: City Clerk
Subject: FW: [Better Cupertino WG] Civil Grand Jury EXH
From: Randy Shingai
Sent: Monday, May 18, 2015 12:17 PM
To: better-cupertino-work-group@googlegroups.com
Cc: City Council
Subject: Re: [Better Cupertino WG] Civil Grand Jury
Hi Xiaowen,
Here is the Santa Clara County Civil Grand Jury web site. There are links for complaint forms a few lines
down.
I was going to wait until after the meeting to see if the Council will rectify the situation, as there is no way the
Civil Grand Jury will investigate before the Council meeting. We have lots of requests to the Council to back
out the items that they promised they wouldn't consider, so we have a nice video and paper trail of trying to get
thing rectified.
It's not like something bad will happen to the City or Council if the Grand Jury writes a scathing report, but
anyone running for office probably doesn't want a scathing report on their record-. That sort of thing can kill a
political career. Especially if there are people out there with longs memories that hold grudges, and will keep
the information in the public eye. Like most of this group. :)
The other great thing about Civil Grand Jury reports is that news outlets and opinion columns like to use them.
Randy
On Mon, May 18, 2015 at 10:08 AM, Xiaowen Wang<xiaowenwg=ail.com>wrote:
Hi, Randy,
i
Do you know how to file compliant with Civil Grand Jury?
I
Thanks,
i
Xiaowen
1
On Sun, May 17, 2015 at 9:25 AM, Randy Shingai < wrote:
It just occurred to me that we can complain to the Civil Grand Jury about this:
http•//bettercupertino blogspot com/2015/05/cupertino-city-council-promised-to.html
t
I found this:
http://www.sescourt.orWcourt divisions/civil/c2j/2014/PA.pdf
i Visit our Home Page http://Nvww.bettercupertino.org/
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2
Andrea Sanders
From: Liang C <Ifchao@gmail.com>
Sent: Monday, May 18, 2015 10:07 AM
To: City Clerk
Subject: Fwd: Housing Element Sites Are NOT Evenly Distributed
Please put this into written communication for agenda item 7a Housing Element.
Thanks.
---------- Forwarded message--------- �"OIBIT
-
From: Liang C < fchaoigmail.com>
Date: Mon, May 18; 2015 at 9:56 AM
Subject: Housing Element Sites Are NOT Evenly Distributed
To: City Council <citycouncil@cupertino.org>, City Clerk<Cit Clerk ,cupertino.org>,
planning_@,cup ertino.org
One resident after another pleaded to the City Council during Dec. 2nd Public Hearing to please evenly
distribute the Housing Element sites across the City of Cupertino.
However, the Council eventually put most of the Housing Allocation along Stevens Creek and Wolfe
Road. Near the intersection of Stevens Creek and Wolfe Road, there are already 4 major construction projects,
recently finished or still ongoing: Biltmore Adjacency, Main Street,Nineteen800 (Rosebowl) and Apple
Campus 2.
Plan A, determined by the Council, puts 600 units on Hamptons, 389 units on Vallco, 200 on the Oaks
Shopping Center, 200 units on Marina, and 11 units on Barry Swenson, for a total of 1,400 units. (The
allocation on Vallco is pending a specific plan by May 2018.) Plan B, which will be adopted only if Vallco did
not get rezoned to allow housing, put 750 units on Hamptons, 235 units on the Oaks Shopping Center, 200
units on Marina, 58 units on Glenbrook and 11 units on Barry Swenson, for a total of 1,386 units. Note that
ABAG only requires 1,002 units with a recommended 25-40%buffer.
Are the Housing Element sites evenly distributed across the City of Cupertino?
There are in fact 19 potential Housing Elements sites under consideration. But the Council only focused on a
few large sites along the main arteries where the traffic is most congested. There will be 800 more housing units
along Stevens Creek, in addition to the 80 units at Biltmore Adjacency, 204 units at Nineteen800, 120 units at
Main Street.
And along Wolfe Road, there will be 989 more housing units, in addition to the 204 units at Nineteen800. These
housing units are NOT evenly distributed across the city, as the Council promised to do.
The Council only considered the High School Attendance area during the council meeting.
But some middle schools and elementary schools already in the most crowded area of Cupertino will get most
of the impact.
This is a spreadsheet, which corresponds each selected housing site with school attendance areas.
Students from a total of 789 housig units will go to Lawson Middle School, in additon to 80 units from Biltmore
i
Adjacency. Students from 400 units will go to Sedgwick Elementary, in addition to 324 units from Main Street
and Nineteen800. Students from 400 housing units will attend Garden Gate Elementary.
Students from 600 units at Hamptons will attend Wilcox High School, Peterson Middle School, and
Laurelwood Elementary School. In reviewing EIR of Cupertino GPA, Santa Clara Unified School District sent
a letter, which points out potential school impact that should be mitigated, including safe routes to school,
pollution, air quality and also the impact of students generated from the proposed 5.38 million square feet of
office and commercial space.
Furthermore, Cupertino will lose three major retail shopping centers to mixed use construction: Oaks, Marina
and Vallco. A mixed use project could contain any use, hotel, office, housing and retail. It is a land use
designation that sets no limit on any particular use. Often, it ends up with a project with only about 10% of the
square footage for retail with tiny stores and tiny parking space. Such kind of mixed use retail center might
work in other cities where pedestrian traffic or mass transit brings in most of the customers. In Cupertino, such
kind of mixed use retail center hasn't provided prosperous retail sales, except due to foot traffic from nearby
high schools.
There are 19 housing sites. Some pure housing sites and a few retail centers. Some located in different corners
of the city. Yet, the housing sites selected by the Council are not evenly distributed and they would most likely
reduce the much needed retail space in Cupertino.
On May 19th, the Council will approve the Housing Element. Although it might be too late to modify it due to
the ABAG deadline, the council, the community and the school district should be aware of the potential impact
on schools and our daily life.
Reference: Housing Element Sites School Impact Summary for Plan A and Plan B
Spreadsheet (https•//drive google com/file/d/OB7RMc9DXGhUAR3E5TzAOUWxOVzA/view?usp=sharing)
Letter from Santa Clara Unified School District about School Impact for GPA
(https•//drive google com/file/d/OB7RMc9DXGhUAWH16Z2FSMmF5bkk/view?usp=sharing)
Content also available at blog: http•/ibettercupertino bloi4spot com/2015/05/are-housing-element-sites-
evenl html
Liang-Fang Chao
Cupertino Resident
2
Andrea Sanders
From: Xiaowen Wang <xiaowenw@gmail.com>
Sent: Monday, May 18, 2015 10:02 AM
To: City Clerk; City Council; City Attorney's Office; City of Cupertino Planning Dept.; David
Brandt; Rebecca Tolentino;Aarti Shrivastava
Subject: How many Policy LU-13.7 in Community Vision 2040
Dear City Staff,
I am reading the Community Vision 2040 and find this mistake. There are two policies that are labeled 13.7.
Please see below screen shot. The link that I am reading
is http://www.cupertinogpa.org/files/managed/Document/439/CupGP Ch3 LandUse noblank FINAL 12.04.2
014.pdf.
Policy LU-1 3.7: Streetscape and Connectivity I B I T
Create a walkable and bikeable boulevard with active uses
and a distinct image for each subarea.
Strategy LU-13.7.1 : Streetscape. Provide active uses
along the street frontage, bike lanes, sidewalks that support
pedestrian-oriented activity, improved pedestrian crossings
at street intersections, and attractive transit facilities (e.g.,
bus stops, benches, etc.).
Policy LU-13.7: Neighborhood beers.
Consider buffers such as setbacks, landscaping and/or
building transitions to buffer abutting single-family residen-
tial areas from visual and noise impacts.
Please keep this for the public record of GPA hearing on May 19, 2015.
Thanks,
Xiaowen Wang
Cupertino residents
i
Andrea Sanders
From: Liang C <Ifchao@gmail.com>
Sent: Monday, May 18, 2015 9:56 AM
To: City Council; City Clerk; City of Cupertino Planning Dept.
Subject: Housing Element Sites Are NOT Evenly Distributed
One resident after another pleaded to the City Council during Dec. 2nd Public Hearing to please evenly
distribute the Housing Element sites across the City of Cupertino.
However, the Council eventually put most of the Housing Allocation along Stevens Creek and Wolfe
Road. Near the intersection of Stevens Creek and Wolfe Road, there are already 4 major construction projects,
recently finished or still ongoing: Biltmore Adjacency, Main Street, Nineteen800 (Rosebowl) and Apple
Campus 2.
Plan A, determined by the Council,puts 600 units on Hamptons, 389 units on Vallco, 200 on the Oaks
Shopping Center, 200 units on Marina, and 11 units on Barry Swenson, for a total of 1,400 units. (The
allocation on Vallco is pending a specific plan by May 2018.) Plan B, which will be adopted only if Vallco did
not get rezoned to allow housing, put 750 units on Hamptons, 235 units on the Oaks Shopping Center, 200
units on Marina, 58 units on Glenbrook and 11 units on Barry Swenson, for a total of-1,386 units. Note that
ABAG only requires 1,002 units with a recommended 25-40%buffer. .
Are the Housing Element sites evenly distributed across the City of Cupertino?
There are in fact 19 potential Housing Elements sites under consideration. But the Council only focused on a
few large sites along the main arteries where the traffic is most congested. There will be 800 more housing units
along Stevens Creek, in addition to the 80 units at Biltmore Adjacency, 204 units at Nineteen800, 120 units at
Main Street.
And along Wolfe Road, there will be 989 more housing units, in addition to the 204 units at Nineteen800. These
housing units are NOT evenly distributed across the city, as the Council promised to do.
The Council only considered the High School Attendance area during the council meeting.
But some middle schools and elementary schools already in the most crowded area of Cupertino will get most
of the impact.
This is a spreadsheet, which corresponds each selected housing site with school attendance areas.
Students from a total of 789 housig units will go to Lawson Middle School, in additon to 80 units from Biltmore
Adjacency. Students from 400 units will go to Sedgwick Elementary, in addition to 324 units from Main Street
and Nineteen800. Students from 400 housing units will attend Garden Gate Elementary.
Students from 600 units at Hamptons will attend Wilcox High School, Peterson Middle School, and
Laurelwood Elementary School. In reviewing EIR of Cupertino GPA, Santa Clara Unified School District sent
a letter, which points out potential school impact that should be mitigated, including safe routes to school,
pollution, air quality and also the impact of students generated from the proposed 5.38 million square feet of
office and coimnercial space.
Furthermore, Cupertino will lose three major retail shopping centers to mixed use construction: Oaks, Marina
and Vallco. A mixed use project could contain any use, hotel, office, housing and retail. It is a land use
designation that sets no limit on any particular use. Often, it ends up with a project with only about 10% of the
i
square footage for retail with tiny stores and tiny parking space. Such kind of mixed use retail center might
work in other cities where pedestrian traffic or mass transit brings in most of the customers. In Cupertino, such
kind of mixed use retail center hasn't provided prosperous retail sales, except due to foot traffic from nearby
high schools.
There are 19 housing sites. Some pure housing sites and a few retail centers. Some located in different corners
of the city. Yet, the housing sites selected by the Council are not evenly distributed and they would most likely
reduce the much needed retail space in Cupertino.
On May 19th, the Council will approve the Housing Element. Although it might be too late to modify it due to
the ABAG deadline, the council, the community and the school district should be aware of the potential impact
on schools and our daily life.
Reference: Housing Element Sites School Impact Summary for Plan A and Plan B
Spreadsheet (https://drive og_ogle com/file/d/OB7RMc9DXGhUAR3E5TzAOUWxOVzA/view?usp=sharing)
Letter from Santa Clara Unified School District about School Impact for GPA
(https:Hdrive oogle com/file/d/OB7RMc9DXGhtfAWH16Z2FSMniF5bkk/view?usp=sharing)
Content also available at blog: http•/ibettercupertino blogspot com/2015/05/are-housing-element-sites-
evenly.html
Liang-Fang Chao
Cupertino Resident
2
Andrea Sanders
From: Liang C <lfchao@gmail.com>
Sent: Monday, May 18, 2015 9:53 AM.
To: City Clerk
Subject: Fwd: Please Rescind Resolution 14-211 a Total Rewrite of the General Plan
Please put this into the public record of May 19 council meeting. .
Thanks.
---------- Forwarded message----------
-From: Liang C <lfchao@gmail.com>
Date: Mon, May 18, 2015 at 9:51 AM
Subject: Please Rescind Resolution 14-211 a Total Rewrite of the General Plan
To: City Council <citycouncil@,cupertino.org>, City Clerk<Cit. Cy Jerk a,cupertino.org>, City Attorney's Office
<CityAttomeyacupertino.org>, planning a,cupertino.org
Residents request the Cupertino City Council to rescind Resolution 14-211. a total rewrite of the
General Plan, because they were misinformed and the Council did not spend time deliberate such
important document.
On Dec. 4, 2014, the Cupertino Council approved the General Plan Amendment (GPA) they promised
Jo postpone, namely Resolution 14-211 Approving a General Plan Amendment to Reallocate and Replenish
Development Allocation, Amend the General Plan Land Use Map.
That resolution they approved turns out to be the 349-page new General Plan, named "Community
Vision 2040", a total rewrite of the existing "2000-2020 General Plan" (a.k.a. 2005 General Plan). It
contains many policies and strategies that define the future growth of Cupertino for the next 25
years. And the Council approved this brand new General Plan without any deliberation, with only
Darcy Paul voting no.
It is any one's guess how many people in Cupertino even knew that the GPA approved on Dec. 4 is a
total rewrite of the existing General Plan. Maybe a handful. For 18 months, only a few hundred
Cupertino residents were aware of the "General Plan Amendment" (GPA) and what it really is. Yet,
they were led to believe that the GPA would "amend" the 2000-2020 General Plan with only
necessary modifications.
The April 1, 2014 Staff Report states "The General Plan Amendment process is a focused update of the 2005
General Plan. While the majority of the General Plan's content will remain the same,there are several major
policy topics that will be addressed through new or updated goals, policies, standards or programs." And
the scope of EIR (Environment Impact Report) is set from that meeting. The Project Description of the EIR
indicates that EIR is performed based the assumption that only necessary modifications will be made to
the 2000-2020 General Plan.
The Staff Report from Oct. 7, 20114 Council Meeting still states "The proposed Project considers
citywide land use, urban design, mobility, and economic development choices but is not a complete
revision of the City's 2000-202o General Plan."
i
Yet, the Staff Report for Oct. 14, 2014 Planning Commission for the first time mentioned "the draft
General Plan" and the document containing "Community Vision 2040" is revealed. Before that, there
is only "GPA" mentioned with very general description. Yet, the public hearing of this important
document, together with Housing Element, was scheduled 3 weeks later on Nov. 3, 2014. Leaving the
public very little time to study it the 349 page new General Plan, a total rewrite of the General Plan
and no redlined copy for comparison.
The public hearing was postponed to Nov. 10 and then Dec. 2 due to various reasons. However, the
agenda of both meetings still only mention "General Plan Amendment" without any indication of a
new General Plan.
The "2000-2020 General Plan" was just approved in 2005 and it took 4 years to finalize with
extensive community input early on in the process. The City Council took time to study and deliberate
before approving it. Yet, "Community Vision 2040," advertised as an amendment, took only 18
months and one City Council meeting without any deliberation.
What was really changed in the new General Plan? No one seems to have a clue, not even the staff
nor the Council members. On June 24, 2014, the Concerned Citizens of Cupertino requested a
relined copy of the GPA, wh.ich highlights the changes made, but they have not received any
response so far. What we have are two completely different General Plan documents.
Here is a draft of Palo Alto's Comprehensive Plan Update (Amendment):
http://www paloaltocompplan org/wp-content/uploads/2014/05/BusinessEconomics.pdf
It lists very clearly, which policy remains the same, which one is edited and which one is new. See
Page 3 for Highlights of Changes. That's a great summary of changes.
Then, in the end from Page 23, there is a Disposition table that details all of the policies in the
previous general plan and what happened to it. Such information should be provided for Community
Vision 2040 also.
We request the Council to rescind Resolution 14-211 containing "Community Vision 2040" for the
following reasons:
- Lack of notification. The public was not notified that the city is working on a new General Plan.
- Lack of transparency. The public was never given information on what exactly was modified from
the existing General Plan and why.
- Lack of sufficient coverage in community meetings. For example, the chapter on Circulation was
totally re-written and the fundamental concept of LOS (Level of Service) was removed. This was
never mentioned in any staff report. For example, Priority Development Area (PDA) was identified
and inserted into the General Plan without any community input. Numerous other examples of such
modifications.
- Lack of details in Staff Reports. None of the staff reports summarized the changes made, epecially
policies that would change characteristics of Cupertino, like the removal of job-housing balannce and
the removal of View Preservation policy.
- Lack of Council deliberation. Even the Council members did not discuss and deliberate at all
during the one Council meeting, where it was approved.
Here are some letters to request the City Council to rescind the decision to approve Resolution 14-
211 , containing the new General Plan "Community Vision 2040".
• Council Should Rescind Any GPA Item Unrelated to Housing Elements, by Randy
Please Rescind Ordinance 14-211 to Correct the Innocent Mistake, by Liang
Rescind "Community Vision 2040" - It's Your Moral Obligation, by Xiaowen
2
The General Plan is like a Constitution of Cupertino.The residents and the Council members deserve
the time they require to study and discuss different aspects of the plan in detail. Plus, the Council
promised to postpone GPA on Dec. 4, 2014 already. The Council mistakenly approved Resolution 14-
211, probably thinking that it only contains GPA items needed for Housing Element. The Council
should correct the mistake and rescind.Resolution 14-211.
vat
CD
Rescind (often called Repeal or Annul)
You always have the right to annul or amend something already adopted.
Quite often it is obvious that a great deal of preparation and support has been quietly organized before a
motion is presented to the members. The motion is adopted before you even understand the true purpose
and potential consequences of the motion. Fortunately there are no time limitations to annul or amend
any motion.
(Source: http://www.roberts-rules.com/parl20.htm)
3
Andrea Sanders
From: Karen B. Guerin
Sent: Monday, May 18, 2015 9:31 AM
To: City Clerk
Subject: FW: Please vote against increasing building heights!
X H B
From: Edwin Kang [mailto:edwin_kang@hotmail.com]
Sent:Saturday, May 16, 2015 11:28 PM
To: City Council
Subject: Please vote against increasing building heights!
Dear City Council members,
As a Cupertino resident I urge you to vote against increasing building heights all over Cupertino on
May 19. Please Stop Uncontrolled Growth in Cupertino!!
I believe you work for Cupertino residents, not for developers. If that is not the case, I will join thousands of
Cupertino residents to recall council members who voted for developers again and again!
Best,
Edwin Kang
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FREVIIONI UNHOR HIGH SCHOUL DISTRICT
r Cupertino High School I Fremont High School I Homestead High School L nbrooh High School Monla Vista High School Adult dJ Community Ed
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May 18, 2015
Rod Sinks
Mayor, City of Cupertino EXHIBIT
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014
Wendy Gudalewicz
Superintendent, Cupertino Union School District
1309 S. Mary Avenue
Sunnyvale, CA 94087
Hi Rod and Wendy,
First and foremost, Rod, I truly appreciate your continuing efforts to improve the support for our schools. (—
hope that Community Benefits can become a reality. When I wrote you last, I indicated that continuing funding
is the key for us. One time funding is, of course, appreciated, but knowing that we have funding for 10 or 20
years creates a true impact. With such sustained funding we can hire staff and increase course offerings. I
suggest those two options because we have heard from our parents and students that they want more --
opportunities to take additional courses. As public schools we believe that we need to be responsive to our
community and under the new state-funding model,we are required to ensure that we have ongoing
community engagement. We need to ask our students and parents to share their input and priorities for how
we should spend our revenues. Every school district in California gathers and compiles this.information in a
required document called the LCAP (Local Control Accountability Plan). By using the LCAP process and
document,we can ensure that the dollars provided by the developers is spent in ways that our families desire.
In many ways this guarantees that this money is a true Community Benefit.
We have heard repeatedly from our families that they want more opportunities for their sons and daughters to
take a full seven classes each year. They hope for more mathematics, computer science,science, engineering,
music, art, business,social science,world language,writing,journalism,speech,drama, leadership,activities,
authentic opportunities to try their wings in the real world and athletics. Our current funding does not allow us
to increase the options for more classes, but long-term committed funding would-allow us to provide what our
community wants. Each section of a class costs approximately$21,000. If a community benefit,for
example, on any retail,office, hotel or residential construction could provide a dollar per square foot for twenty
years for our schools, and we received an ongoing parcel tax equivalent on each unit in an apartment
development,we would be far more likely to be able to provide what our community is clamoring for.
Thank you again for working to help our whole community, by supporting our schools.
All My Best,
Polly M. Bove
Superintendent of Schools
589 W.Fremont Avenue,PO Box F,Sunnyvale,CA 940871 TEL(408)522-22001 FAX(408)245-53251 WEB www.fuhsd.org
SUPERINTENDENT:Polly M.Bove I BOARD OF TRUSTEES: Jeff Mae,?fancy A.Newton,Barbara F.Clunes,Hung Wei,Bill Wilson
t
i
Superintendent Wendy Gudalewicz ;
Board of Education Anjali Kausar
Kristen Lyn
Josephine Lucey
Soma McCandless i
® ® Cupertino Union School District Phyllis Vogel 6
Office Address: 1309 S.Mary Avenue,Sunnyvale,CA 94087-3050 (408)252-3000 Fax(408)343-2801
Mailing Address: 10301 Vista Drive,Cupertino,CA 95014
May 15, 2015
EXHImffo�") IT
Mayor Rod Sinks and Cupertino City Council Members:
I want to thank you for continuing to keep Cupertino schools on the agenda via Community
Benefits. If Community Benefits becomes a reality, and is provided in the form of ongoing
funding, it will help ensure our students continue to have access to the best schools in the State.
CUSD has just completed a parent and staff survey. The survey was designed to gather input for
our Local Control Accountability Plan (LCAP), which is a comprehensive three-year plan
required by the California Department of Education. In the survey, our parents showed strong
interest for STEM programs both during the school day and as after-school enrichment. Overall,
our parent community would like to see more enrichment programs offered to all students
(theater, arts, science, and language). By using the LCAP process, we can ensure the dollars
provided by the developers are spent in ways the families we serve desire. In many ways, this
guarantees this money is a true Community Benefit.
We have heard repeatedly from our families that they want more opportunities for their children {
3
to experience hands-on activities both during the school day and afterschool. Community
-Benefits can assist CUSD with adding Maker's Spaces in our schools and adding enrichment
opportunities in art, theater, robotics, coding, and languages. Our current funding does not allow
us to increase the options for more enrichment opportunities. Long-term committed funding
would allow us to provide what our community wants. If a community benefit, for example, on
any retail, office, hotel or residential construction could provide a dollar per square foot for i
I
twenty years for our schools, and we received an ongoing parcel tax equivalent on each unit in an
apartment development, we would be able to provide what our community wants with the
enrichment activities they are asking for.
Thank you, again, for working to help our whole community by advocating for Community f
f
Benefits and our schools. T_
I
Sincerely,
E
Wendy Gudalewicz
Superintendent
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EQUAL OPPORTUNITY EMPLOYER
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May 18, 2015
B I
EXH10'
Dear Council Member,
We are in favor of the General Amendment Plan and will be attending the City Council meeting
on the 19`x'. Through previous dialogue, our request is for our company Mirapath Inc's land use
corrected from industrial to commercial and zoning changed from industrial to commercial.
Right next to us is a commercial area. Our neighbors, the Oakmont Produce Market, Gochi
Restaurant, and other stores all rest on a commercial land use zone. To encourage commercial
diversity and to be able to sustain our site—changing the categorization will allow us to make
sure our land use matches up with the city plans in the future.
For any questions, please contact me at (408)207-1729 or email my assistant Tiffany Chen at
tiffany.chen",&' mirapath.com
Signed,
f
Doris:Yeh
B
Mirapath, Inc. 10950 North Blaney Ave Cupertino • CA • 95014 PH: 408.873.7883 • FX:408.521.0520
Andrea Sanders
From: Lisa Warren <la-warren@att.net>
Sent; Sunday, May 17, 2015 10:16 PM
To: City Council; City Clerk ,
Subject: A refresher - leading up'to May 19, 2015
Mayor and members of City Council,
I was asked by some of the voting public to send this short list of
comments/statements. Basically as a reminder, and a sort of 'quick glance'.
Noteworthy statements from . . . ... .
Rod Sinks
I will be accessible and listen to all; when it comes time to vote, you can count on me to put
residents' interest first. The council needs to be responsive to those who want to be heard.
...Make Cupertino a vibrant destination for shopping, dining and services.
We have a tremendous opportunity with Apple moving forward on its new, world-class campus. How
we choose to develop the surrounding area should come with no less vision, creating dynamic
public and retail spaces for all to enjoy.
The city can & should do more to support our schools and work together on issues for mutual benefit.
Gilbert Wong
I.have been an independent voice on behalf of the resident of Cupertino, asking the tough question
and analyzing all aspects of the issues that come before me on the council. I am running for re-
election for City Council because I want to maintain our quality of life and our suburban
integrity for my family as well as yours.
It is an honor and a privilege to serve the residents of Cupertino. In a recent survey conducted in
October 2011, 97% of residents said that they were satisfied'with the services and quality of life in
Cupertino. As your Mayor, I am committed to maintaining this high level of satisfaction.
Cupertino truly is a place to work, play, and live. Through my focus on accountability, fiscal
responsibility and improving dialogue between residents, businesses and schools, Cupertino
will continue to live up to this promise.
Darcy Paul
I am running for city council to help lead our community with honest, effective, and civil discussions.
I will continue assisting balance and smart development in Cupertino by listening to and acting upon
community input. As a Council member, I will always listen to resident input and work to address the
concerns raised in an honest and civil manner. Development needs to proceed in a careful and
well-considered manner that actively seeks out community input.
Savita Vaidhyanathan
I want,Cupertino to be more responsible about growth. I want our city to be exciting for our
residents for destinations beyond great schools.
1
I want our city to engage all neighborhoods and seek their active participation in shaping our
future. I want to live in a sustainable city that is attractive to our youth and friendly to our seniors.
The biggest issue facing Cupertino is the sense of frustration our residents feel about their
views not being heard or incorporated into the city plans. There are issues like traffic, over-
development, commercial establishments, pollution and other environmental issues that.many are
concerned about.
But in-each case, the citizens feel that they are unable to reach their representatives. We need a
comprehensive vision for the city that we can clearly articulate and work.towards.
Traffic and air quality do not respect city boundaries. We need a holistic and viable plan created in
collaboration with other cities and agencies.
I want to collaborate with agencies to expand mobility options for our seniors and propose housing in
transit-oriented developments.
Barry Chang
With an open and independent mind, Barry listens to his constituents. His experience, leadership,
and vision make him the best candidate for Cupertino City Council.
. . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lisa Waren
2
Andrea Sanders
From. Karen B. Guerin
Sent: Monday, May 18, 2015 9:18 AM
To: City Clerk
Subject: FW: PIs stop uncontrolled growth and density
-----Original Message---- I B T
-
From: Stephen Tang [mailto:nttang99@yahoo.com]
Sent:Sunday, May 17, 2015 7:29 PM
To: City Council
Subject: PIs stop uncontrolled growth and density
Cupertino City Council Member,
Community members are concerned that the Cupertino General Plan amendments will reduce the quality of life in
Cupertino. Possible effects of the amendments include the following concerns:
- More and taller buildings
-Vanishing opportunities to create parks and schools
-Over-crowded schools and over-crowded neighborhoods
- Increased traffic at schools and on major streets throughout the city
-Growth that impacts some neighborhoods much more than others
The Cupertino General Plan amendments that are proposed by the City were created without sufficient input from the
community. Opportunities for community input were not communicated effectively, and participation in the input
sessions was very low.
I urge the Cupertino City Council to take the following steps:
-Stop consideration of General Plan amendments until the City listens and responds to more community members.
-Show residents why the General Plan must be amended. Show us one project at a time. Listen to community input for
each development project. Do not re-zone a parcel until the following actions are complete:
1.The developer presents a plan for development 2.The community approves the plan for development
- No rezoning of Vallco
Sent from my Wad
1
Andrea Sanders
From: Xiaowen Wang <xiaowenw@gmail.com>
Sent: Saturday, May 16, 2015 10:03 PM
To: City Clerk; City Council;City Attorney's Office; City of Cupertino Planning Dept.; David
Brandt
Subject: Sewer System is at capacity
Attachments: CU_sanitary_letter.pdf �X ' ' IB410T
Dear City Councils,
I would like to bring your attention of the letter from Cupertino Sanitary District dated on May 23, 2014. The
letter is sent to the city regarding the impact on sewer system regarding the proposed GPA.
Based on the number in this letter,just with the 2020 build out with the 2000-2020 General plan, we are almost
at the capacity. The capacity is at 7.85mgpd while just with the build out, the city will reach 7.2mgpd. Which
means that we do not have much buffer beyond the development allocation in 2000-2020 General Plan. The
2million sf office allocation at the Vallco alone will add 0.3mgpd based on 0.159pd per square foot use in this
letter for office.
Moreover, the letter also pointed out that "it was identified that sewer mains along Stevens Creek, Blaney and
Wolfe would be at near capacity or would not have sufficient capacity to accept new developments beyond the
City Center Project." Basically, we do not have sewer mains to support the redevelopment of Vallco for
excessive number of new offices or housing units.
At the end of the letter,.the district cautioned the city to take necessary actions to ensure the sewer'system can
support the future development and not to be in a position that City of Milpitas was in back 2008, imposing a
building moratorium.
I would like to urge the councils to make sure the basic infrastructure, such as sewer mains, can support the
development allocations and recommend to keep the allocations in 2000-2020 General Plan unchanged.
Please put this correspondence to the publie records of May 19, 2015 City Council meeting.
Sincerely,
Xiaowen Wang
Cupertino Resident
1
MAY 19TH CITY COUNCIL MEETING
RESPONSES TO QUESTIONS FOR
UPER'TINO COUNCILMAN DARCY PAUL
1. AGENDA ITEM 7-A Staff Recommendation 1 EXHIBI I
Adopt Final 2014-2022 Housing Element (Resolution No. 15-042 - GPA-2013-02)
2. AGENDA ITEM 7-B Staff Recommendation 2
Make no further amendments to the General Plan (Community Vision 2040) adopted
on December 4, 2014 (GPA-2013-01)
a. VALLCO
i. What is the current height zoning of Vallco? The heights for the Vallco Shopping
District Special Area will be determined with the adoption of the Specific Plan.
ii. Can Vallco be put through the same review process of any change of zoning? The
Specific Plan process for Vallco will is substantially the same as a rezoning
process. However,we expect that there will be additional opportunities for
public review for Vallco given the complexity of the Specific Plan.
b. SPECIFIC PLANS
i. If the General Plan refers to a'"specific plan' such as "Vallco Specific Plan" does
this mean that amendments to that plan are not restricted to the General Plan
Amendment rules and procedures i.e. limited to 4 times per year?Amendments
to a Specific Plan have to be made through a public hearing process and noticing.
They are not restricted to 4 times a year.
ii. Why are the specific plans not included in Community Vision 2040? Specific
Plans are a vehicle specifically described in Government Code 65450-65457.
Specific Plans are subordinate to the General Plan and must be consistent with it.
The General Plan includes the policies and "vision' for the entire community,
including each df the Special Areas. Specific Plans include the details for the
implementation of the vision for a specific area and the zoning regulations for the
area.
iii. Are these specific plans considered part of our General Plan? No, Specific Plans
by law are subordinate and must be consistent with General Plans. The General
Plan vision and policies are meant to provide general policies and programs
while the Specific Plans provide more detailed regulations for a certain, specified
part of the City. The details are not included in the General Plain,but must be
consistent with the General Plan.
(1) If not, why? A Specific Plan is a tool for the systematic implementation of the
1
General Plan.It effectively establishes a link between implementing policies of
the General Plan and the individual development regulations in a defined area.
Section 65451 of the Government Code mandates that a specific plan be
structured as follows:
• A specific plan shall include a text and a diagram or diagrams which
specify all of the following in detail:
o The distribution, location, and extent of the uses of land,including
open space,within the area covered by the plan.
o The proposed distribution, location, and extent and intensity of major
components of public and private transportation, sewage,water,
drainage, solid waste disposal, energy, and other essential facilities
proposed to be located within the area covered by the plan and needed
to support the land uses described in the plan.
o Standards and criteria by which development will proceed, and
standards for the conservation,development, and utilization of.natural
resources, where applicable.
o A prograin of implementation measures including regulations,
programs;public works projects, and financing measures necessary to
carry out paragraphs (1), (2), and (3).
• The specific plan shall include a statement of the relationship of the specific
plan to the general plan.
iv. If not, what are the steps to modify them? Does the public get notified? How?
The process of preparing, adopting, and amending a specific plan is generally the
same as that for a General Plan per State Government Code. The process requires
public notice, appropriate environmental review, Planning Commission
recommendation and Council action. In addition to the public, owners of
property in the Specific Plan area and local agencies (which provide services to
the property) that are significantly affected are also required to be notified.
3. AGENDA ITEM 7-B Staff Recommendation 3
Adopt Resolution No. 15-043, a policy establishing a process to review General Plan
amendments
a. COMMUNITY BENEFITS/VOLUNTARY COMMUNITY AMENITIES
i. I would like to know why the workshop on Community Benefits was canceled
and who made the decision? Staff is not recommending a community benefit
program at this time. Community Benefits programs typically require additional
height or allocation to be built into the zoning of an area. Because staff is not
recommending additional heights or development allocation, a Cominunity
Benefit program would not be applicable. Therefore a community workshop was
not held.
Staff is however recommending a change in procedure for General Plan
2
amendments. The new procedure would require Council authorization in order
to proceed with the processing of General Plan amendments. The meeting, at
which proposed General Plan amendments would be considered for
authorization, would be publicly noticed and the public would have an
opportunity to review and comment on the proposals before the Council makes a
decision on which applications would be processed.
ii. What are the "voluntary community amenities"? "Voluntary community
amenities" are defined in the recommended policy as facilities, land and/or
funding contributions to ensure that any development with a General Plan
amendment application enhances the quality of life in the City. Amenities that are
not"voluntary" are those that are typically required by the City as impact fees, to
satisfy zoning regulations or to mitigate environmental impacts. The policy lists
the following as "voluntary community amenities:" Facilities, land and/or
funding contributions towards (1) school resources, (2) Public open space, such as
parks and trails (e.-. .land and/or improvements, (3) Public facilities and utilities,
such as library, community center or utility, and (4) transportation facilities with
an emphasis on city-wide bicycle, pedestrian and transit improvements, such as
community shuttles, pedestrian and bicycle bridges, transit center/stations, etc.
iii. What are the amenities that are currently required by our city ordinances? Under
the current ordinance projects pay impact fees for affordable housing, parkland
dedication, etc. But these are not voluntary and are required to offset impacts of
development.
What'are the amenities that can be counted as voluntary? See first sentence of
response to Question 3.a.ii. above. Only funding or in-kind improvements that
cannot be legally required can be considered voluntary.
iv. What kind of terms can be negotiated in the developmental contract?
Development agreements (DAs) provide public agencies greater flexibility in
negotiating the terms and conditions of a proposed development, such as
development conditions, exactions and fees, because development agreement
provide a contractual method for cities and developers to mutually agree upon
development agreement provisions. Practically, any terms so long as they are not
illegal(e.g. agreement to discriminate) can be included in a DA if both parties
agree.
How legally binding are these terms?Per state law, development agreements are
adopted by ordinance. They are an agreement between the City and a.property
owner or proponent and area legally binding and enforceable contract between
the parties. So, they would be enforced by law in the manner that any contract
can be enforced.
v. What are the city's and community's option if the contract cannot be fulfilled?
Fundamental to the concept of an enforceable agreement is the notion that each
party will do what it promises to do in the agreement.To underscore that notion,
the development agreement law requires local agencies to include at least an
3
annual review of the project proponent's compliance with the delineated terms of
the development agreement, including obligations it agreed to perform.The
review must require the proponent to demonstrate good faith compliance with the
terms of the agreement.If a local agency finds,based on substantial evidence, that
such compliance has not occurred, the agency may modify or terminate the
agreement.In addition,the development agreement law provides that the
development agreement is "enforceable by any party." A development agreement
typically contains provisions specifying procedures for notice and termination in
the event of a default by either party. The City would include such provisions in
its development agreements in order to ensure compliance by the developer, as
required by Municipal Code Section 19.144.060(K). In addition, typical legal and
equitable contract remedies (specific performance, injunction, damages)may also
be available.
vi. Can a park required by the Quimby Act be counted as community amenity? Per
the recommended policy, the "voluntary community amenities" are those that
are provided on a voluntary basis. The park fee per the Quimby Act is a fee that
is required for all residential development. Therefore,it would not be considered
a"voluntary community amenity."
vii.Would the City have a manual for negotiations on community amenities and
what kind of legal term would be put into the development contract to ensure the
enforcement of the contractual term on community amenities? As noted above,
the City would include such provisions in its development agreements in order to
ensure compliance by the developer, as required by Municipal Code Section
19.144.060(K).
b. PROPOSED AMENDMENT PROCESS
i. Would projects that do not submit applications during the annual review be
allowed to be considered at other times during the year? Projects from applicants
will not be considered outside of the annual review. Applicants who do not
submit applications in time for the current annual review may choose to be
considered for the next annual review.
ii. Is there a maximum number that would be selected in any one year? Under
existing State law (Government Code 65358(c), a City may only amend its
General Plan four (4) times per year. However, within each of the four
amendments an unlimited number of General Plan amendments can be made.
As per this state law provision, there is no maximum or minimum number
provided in the policy. However, the Council will consider a number of issues
including staff time and resources as well as the pace of growth, overall benefit of
the proposed General Plan changes and any other consideration(s)before making
their decision.
iii. Would the.4 amendments/year go away? No. This is a requirement per State law.
Accordingly, general law cities, such as Cupertino, are limited to considering four
4
(4) General Plan amendments per year.
iv. When exactly would the amendment/re-zoning/etc. take place for a project? The
General Plan amendment/rezoning/etc., will take place at a publicly noticed
hearing by the City Council. Prior to Council action, the Planning Commission
will be required to provide a recommendation at a publicly noticed hearing.
(1) If it is prior to final plans being approved, what will prevent the developer
from selling the land (with the new amendment change) to some other
developer that does not have the agreement with the city?By law,
Development Agreements typically contain assignment and transfer
provisions to ensure that a subsequent owner will be required to comply with
the terms and provisions of the development agreement. These provisions
imposed by the agreement constitute "covenants running with the land" and
that the burdens and benefits bind and inure to all estates and interests
created in the subject property and to all "successors in interest" of the
original parties. Therefore, the new owner will obtain the benefits of the
agreement and will be required to comply with its terms.
(2) Is there a provision for reversing the amendment change if the developer
does not follow through? If a project is not yet built and the plans do not
comply with those approved by the City Council as part of the General Plan
amendment for the project, or the developer has not met its obligations under
the DA, the City Council would have the remedies outlined in the
development agreement. If the agreement is terminated, the City could
consider subsequent amendments to the General Plan to return to the
previous language. If a project receives subsequent approvals and is already
built per the approvals, then compliance issues are related to the performance
under the Development Agreement. In that case, the compliance procedures
per the Development Agreement will be implemented.
(3) Is there a provision to prevent the sale/rental of the land/project or tenants
from moving in at all until all provisions of the agreement are met? The City
cannot control sale of a parcel or parcels to property owners once a parcel is
created. However, the City can prevent the project from being occupied until
all the applicable DA provisions are met. Conditions of project approval and
development agreements typically include a phasing plan for a project,which
would allow the City to ensure that certain conditions are met before issuance-
of building permits and/or certificates of occupancy. For example, if a
condition or development agreement requires that a park be completed prior
to the occupancy of a residential project, then the developer will not be able to
receive occupancy permits (i.e. tenants cannot occupy the building) until the
5
park is completed.
(4) How much time would the public be given to review these documents?
Typically, in a General Plan amendment process,,the public has a minimum
of three to four opportunities to review various portions of a project. A
project applicant is required to host a neighborhood or community meeting
and collect input. If a project requires an Environmental Impact Report (EIR),
there is a scoping meeting for public input on items to study in the EIR.
Additionally, there are publicly noticed hearings at the Planning Commission
and Council. Typically, the packet for the Planning Commission is available
about a month to six weeks before a Council meeting.
v. When would this review process take effective after its approval? Would the.
projects currently in discussion, such as Mariana, Vallco be subjects of this review
process? The policy is only applicable to projects that require a General Plan
Amendment. If any of the above property owners wish to request a General Plan
Amendment in terms of additional height, or adding development allocation to
the General Plan, then the project would be subject to the new policy if it is
adopted. Vallco will not be subject to the proposed General Plan amendment
process because the Council decided on December 4, 201.5 that a Specific Plan
must be prepared for Vallco.
vi. For any parcel, which is a candidate for a GPA, the property owner should
notify all neighbors within 500 feet. Such notification should be mandatory. The
city should also notify all residents who elect to be notified of any GPA request.
The recommendation is to enact a policy where citywide notification will be sent
to all postal customers in the City of Cupertino for the GPA authorization process.
The postcard will have a link where the public can view individual applications in
addition to the staff report and attaclunents.
vii.For any GPA request, the property owner should justify the request with
sufficient study reports. A simple letter of demand should not be enough. The
proposed policy requires conceptual site plans,building plans, elevations,
perspectives and graphics that help to explain all aspects of the project, a listing
of all General Plan amendments requested (using graphics), and a list of
voluntary community amenities offered. This will provide the Council, public
and staff a clear idea of the project and the General Plan amendments requested.
viii. School impact should be considered when GPA request is reviewed since
school impact cannot be legally considered once the GPA is granted. If the parcel
is in an area whose schools are already near capacity, no GPA request should be
granted. State law (SB50) does not allow a jurisdiction to consider impacts on
schools if the project is required to pay the statutory school impact fees.
ix. Traffic impact should be considered when GPA request is granted. If the parcel
is in an area whose traffic LOS (Level of Service) is rated D or worse, the GPA
6
should not be granted. Traffic and other environmental impacts will be
considered prior to granting approval of any GPA. The policy would make it
easier to review the GPAs at one time before the review process begins. This
would give all parties, an initial look at the proposals ahead of time and give the
Council an opportunity to pace projects.
4. CITY COUNCIL MEETING PROCEDURES
a. I would also like to know who made the rule that council members cannot ask
speakers questions? Council at its retreat, agreed to refrain from asking questions of
speakers during the Oral Communication portion of the agenda, to be fair to both the
public and all Council members.
b. Can we make the early release of staff report a regularity?Typically, City Council
reports are due the Wednesday before the Council meeting. However, for projects that
are large and of community interest, the Council may request packets to be provided
in advance of that date.
c. Since the agenda breaks it into Items 7a and 7b, are we allowed to speak on both or just
Item 7? Since 7a and.,7b are part of one item, the Council can allow public input to be
taken for both items at the same time.
7
}
5/19/2015
EXH L3 1
............
a
ks XBQ 3 „ sr Or'K
3 �1t
• State-mandated update to Housing Element initiated in
November 2013
• General Plan Amendment initiated in August 2012 to:
— Replenish office and hotel allocations
— Inform Vallco Shopping District Specific Plan
— Consolidate individual requests from property owners
— Address State Law
— Text clean-up
• Combined with General Plan Amendment process to:
— Allow a better evaluation by the Community and City
— Discuss issues in one comprehensive outreach and planning
process
1
5/19/2015
_ 3
• Only Element of the General Plan that needs review and certification by
CA HCD
• 2014-2022 Housing Element must be adopted by Jan. 31, 2015(plus a
120-day grace period{May 31, 2015})
• If adopted, next Housing Element update in 2023
• If not adopted, must be updated in four years(2019)
Content dictated by State Law and includes:
— Needs Assessment
— Constraints to new housing production
— Description of goals, policies and strategies to achieve objectives
— Housing production objectives consistent with RHNA&site inventory
— Evaluation of accomplishments
— Consistency with other elements
2
5/19/2015
� �' � Ho ��n�Eler�aenEt`�date�� D��it Haa� �a�'Eiemnt � �.
• Draft Housing Element reviewed by:
— Housing Commission on August 26, 2014
— Planning Commission on October 14, 2014
• City Council authorized submittal to HCD with edits to
sites after review on November 10, 2014 and December
2, 2014
• HCD found that Draft Housing Element complies with
State Law with some edits to:
— Address key issues and
— Respond to comments received by HCD during public review
period
HUUSIiI a et1 1 - oust ComrnIssIoh�� e61'26
✓i �... pa- !
...........,..x«.'„�........,.......,.k�".;....ww. ..._..... ',........,,.�°;.a»..,..,......w........:._..__ :.«...alz..«.w.m.. `s;.`�'n..2::•nit.°".....,....:.,;�w.......�.:.
Housing Commission recommended approval on
5-0 vote
— Public comment: Two persons expressed concerns
about:
— Development on the East side;
— Development on the West side
3
5/19/2015
'" E � x
usingemet [ P1r�nigam �Ss' i Aprlt , C� yl
a
!
Planning Commission recommended approval on 5-0 vote
— Public comment: Four speakers — Commission comments:
— Concerns about concurrent change in BMR _ Could number of units
fees and updated fee not being reflected in
adopted Housing Element. proposed in HE be reduced?
• Fees change from time to time and State Law But did not recommend
does not require an update of HE every time changes given HCD guidance
fees are updated.
— Concerns about impacts to schools,traffic and deadline for adoption
and traffic around schools. — Concerns that Housing Element
• ElRcertified byCity Council on 12/4/14 law does not require housing
identified impacts and mitigations related to
traffic and other env.topics.State Law requires on priority sites to be
cities to acceptfees mandated bySBS0 as affordable
exclusive means of mitigating impacts to
schools. — Concerns about connection
between office development
and future RHNA allocations
9 s Ju
y ai.
Housing Element Site Scenario A Realistic Capacity
(units)
Srte Al(The Hamptons)
600 net(rr add�troo of exist n
342 units) ...
Site A2(Vallco Shopping District) 389
SIte;A3,(The Oaks Shopping Cen„ter) ; 2Qp
....
Site A4(Marina Plaza) 200
Site 4
5(Barry Swenson)
...-.. ..
11
Total Units: 1,400
4
5/19/2015
R �Iew P�blllch ts
• HCD Review and Comment period required following revisions:
— Minor revisions and clarifications related to emergency shelters
— Provide concrete timeframes for Strategies 8, 11,15,16
— Revisions in response to Law Foundation of Silicon Valley comments:
• Nexus Study timeframe updated (Strategy 8)
• Information provided on factors limiting affordable housing production in the
past
• Indirect economic displacement addressed (Strategy 18)
• Other minor revisions:
— Clarify text and remove redundant language
— Update HOME program status
— Update park impact fees for FY 2014-2015
3 FouSt Elernen� , N3xt
...nom....................... .:.fes.,. .,.„,,,.m...,....�..,....a..:,,.,...«..«. «.............� .1^;''3'1"'
• Submit adopted Housing Element to HCD for
Final Review
— 90 day review period
— If no substantial changes, Element should be found
compliant
— If new changes, HCD may request additional
modifications to comply with State Housing law, and
may find the Housing Element noncompliant
5
5/19/2015
V, F
WE
I
S
r
y
�y a
Gi I.»»
11� ;r?� k' UI\{ i
• On December 4, 2014, City Council took following
action related to GPA project:
— Adopted Community Vision 2040
— Authorized processing of a Specific Plan for the Vallco
Shopping District with Development Allocation of a
minimum 600,000 sf of retail, up to 2 million sf. of office
and 389 units in the Housing Element with heights,
setbacks and building planes to be decided in the Specific
Plan
— Deferred decision after additional community input on:
• Development allocation for commercial, office and hotel uses,
building heights and building planes
• Community Benefit Program and
• Specific land use designation amendments and associated zoning
for two properties—PG&E site(10900 N. Blaney Ave) and
Mirapath site(10950 N. Blaney Ave)
6
5/19/2015
gm
t1E'Cc � 1"ii�IYtCIt®rMlitTlllll1CP�tJS1f3f11,
• Workshop held on February 4, 2015 with over 80 participants
• Small group(13 groups)discussions about:
— Appropriate building forms and heights(including building planes)within different
Special Areas,nodes and Gateways
— Whether or not City should establish a Community Benefits Program
• Building heights summary Most groups selected a 45 foot height limit in all areas
except:
— The Oaks—most groups selected a height limit of up to 60 feet
— North De Anza Gateway—Groups were split evenly on a 60 foot vs.45 foot height limit
• Community Benefits Program summary
— Five groups in support
— Three groups were divided on whether or not to support
— Five groups did not support
a
Gener4IJ'" f�h_Ar }moi n w
• Two parts—Part A: Building heights; Part B: Building planes and
community benefits
• 382 on-forum responses to Part A and 300 on-forum responses to Part
B
— 55%did not want to see an increase in building heights for six of the seven
areas identified
— 50%did not want to see a change to the 1.5:1 building plane requirement
in some parts of the City
— Over 65%thought Community Benefits program would be beneficial
— Average priorities on support for amenities were ranked as follows:
• Parks/Recreation
• Transportation Enhancements(e.g.sidewalks,bike lanes etc.)
• Community Services(e.g.Teen Center,library branch etc.)
• In-lieu fee to City(e.g.contributions to school improvements or affordable housing)
7
5/19/2015
gr � pnr� t
• Community Benefits Incentive Zoning(CBIZ) Programs
— Zoning allows additional development or height based on community amenities provided
— Range from formulaic to discretionary,non-formulaic
• Growth Allocation Programs
— Meter development allowing infrastructure to keep up with development
— Growth is already planned in General Plan
— Requires meticulous and time-consuming processes to score/rate
• Land Use Regulation
— Model from Vancouver,Canada requires payment of specific$amount for projects with
rezoning. Not legally feasible.
— Cities can regulate growth and development through:
• General Plans,Specific Plans and zoning.
• Implementation additional nexus fees and detailed design guidelines
• Negotiated Development Agreements
v
�� �� r "� B1Z Prograr� ros Cct
a .
Pros Cons
Formulaic programs provide ° Formulaic programs provide very little
guarantees for what incentives discretion since incentives and benefits
predetermined and codified
and benefits are provided
Discretionary programs require protracted
negotiation and discussion before the City
can determine that the offer warrants a
grant of a bonus for development
• Discretionary programs could create a lack
of transparency,difficulty in administering
program and lack of consistency between
projects
• Would require an update to the City's
Zoning Code
8
5/19/2015
Pros Cons
• Allow infrastructure time to • Require a change to the Housing
accommodate growth Element and not advisable given
• Can create a competitive adoption deadline
process where projects • Still require the City to meet its housing
showcase community benefits obligations
• For non-residential development would
• Works well in years where more provide much less flexibility
projects than available Cumbersome to administer due to
allocation compete detailed criteria,scoring
• Does not work well in years that fewer
projects than available allocation apply
,era,
• Requiring community benefits (or payments in-lieu of) as an
absolute condition of development, may constitute a taking under
CA law
• Proportional relationship between community benefit payment and
impact of project may need to be established in order to require
this as an absolute condition of development
• Set up process that provides procedures for General Plan
amendments which provides most flexibility and City has more
discretion
— WHY? Development/Growth assumptions are not
built in to the General Plan
— EXCEPTION: Housing Element sites
9
5/19/2015
K
' C� lCli361C�C '1eCPirssRfc��GPApiations �'
�3
'Ax.
• Not applicable to City-initiated General Plan
Amendments (e.g. Housing Element update)
• Council will consider timing and processing of GPA's
annually
• Application must include:
— Conceptual plans
— Specific GPXs being requested
— Term sheet with list of voluntary communities being
provided, if any
Could include:support for School resources, public open space,
public facilities and utilities and transportation facilities
Cilntm � a ProcsF� Aappy atc�ns ,
• Preliminary review of the proposed projects using following
criteria will be conducted:
— General Plan goals achieved by project including:
• Site and Architectural design and neighborhood compatibility
• Brief description of net fiscal impacts
• Provision of affordable housing
• Sustainability
— List of GPXs requested (and other zoning amendment/variances
requested)
— List of voluntary community amenities
— Staff time and resources required to process project
• City-wide notification will be provided
10
5/19/2015
• Public City Council meeting will be held with public input and
decision made on which projects authorized to proceed with
GPA application
• Only projects authorized to proceed will move forward on
environmental and entitlement review
• Subsequent project application has to be substantially similar
to project authorized by Council to move forward
• Projects not authorized, would have to re-apply in the next
cycle
• Council authorization only authorizes staff and other
resources for processing of projects. Does NOT guarantee
approval of projects.
�en��a � �� �en ��°i�'��, �roeess�fcsr�PAapplica ��as
• Allows City to manage orderly processing of GPA's
• Create a more competitive process when compared to current ad hoc
approach to processing applications
• Allow applicants to showcase their projects and their voluntary
community amenities
• Council, public and staff has better preview of projects before Council
decision on which projects to process
• Creates upfront and transparent process before projects authorized
to move forward for processing
• Other review processes such as Environmental and Design review,and
compliance with applicable codes and laws would remain intact.
11
5/19/2015
15
w
iii nay-r� iii rj,
• Environmental Impact Report (EIR) was
prepared and circulated
• EIR certified on December 4, 2014
• No actions related to environmental review
are required by City Council
12
5/19/2015
` e�erallan��nendi�ent �`e�t��S�teps
• No changes to the General Plan except for adoption of
2014-2022 Housing Element
• Final Community Vision 2040 formatted, renumbered
(if errors), maps and graphics finalized and prepared
for online posting and printing
• Clean up edits recommended by SCVWD—should the
City Council wish to incorporate these edits—will be
brought back with future GPA
• Applications for further GPA's will follow newly
adopted Council policy and require authorization from
Council for processing
• General Plan fee
�6 �3 33
deneral-K r�� en rrrent � nc i es
• Council could alternatively:
— Provide direction to staff to bring back
amendments in specific areas to be heard at a
future public hearing after Planning Commission
consideration
— Not adopt policy for authorizing processing of
G PAs.
• Process would then default to current way of
processing applications as they come in
13
5/19/2015
J F
F L.
y
n.
s
CL U
• Adopt Resolution No. 15-042 adopting the
Final 2014-2022 Housing Element (GPA-2013-
02);
• Make no further amendments to the General
Plan (Community Vision 2040) adopted on
December 4, 2014 (GPA-2013-01); and
• Adopt Resolution No. 15-043, a policy
establishing a process to review General Plan
amendments
14
CC S/1l 1S-
EXHIBIT
May 19th, 2015
Cupertino City Council
10300 Torre Ave
Cupertino, CA 95014 CUPERTINO
Dear Cupertino City Council:
I have been a proud teenage resident of Cupertino for about 11 years now. I am
grateful to the city for everything it has provided for me, from a safe environment with
first-class education, to a supportive community. However, as I find myself leaving
California to attend college, I often ponder my experience growing up here as a youth. I
question whether I would return to the city, and what I would change if I could do it all
over again. The answer stands simple to both questions, I would not return unless I was
able to see some changes in the businesses in the city, more community benefit
programs, etc. I advocate the growth that is supported by the General Plan Amendment.
Cupertino looks different in the eyes of a teenager. It is often referred to as a
"bubble" that provides a "satisfying" living experience as opposed to a "marvelous" or
"fantastic" living experience. The city currently lacks the vibrant and exciting scene that
teenagers crave. Cupertino hosts a plethora of businesses that are not teen savy, has
limited recreational programs, and has a dimmer ambiance. As a result, the younger
population is less incentivized to actively take part in the social, economical and political
aspects of the community. To counter this phenomenon, I humbly recommend you
consider the concept of"creative destruction" in our city through the GPA. By amending
the GPA, we are not just creating taller buildings, but paving the way to a bright future
with a happier and more successful community.
Regards,
Hershey Sriraman
Cupertino Teen Commission, Chairperson
EXHIBIT Cc, 5-/o//s-
*-7
Speaking for myself as well as a spokeperson for Concerned Citizens of
Cupertino and in support of the Better Cupertino organization, (71:J.. ,
We recommend that the City Council adopt Resolution # 15-042,
adopting the Final 2014-2022 Housing Element" in order to comply
with the Regional and State mndate.
We agree with the Staff recommendation that "No further amendments
be made to the General Plan" especially the 2001 -2020 General Plan
.4�
And that Community Vision 20� General Plan adopted on December 4,
2014 be rescinded.
We recommend that Resolution #15-043, a policy establishing a
process to review General Plan Amendments not be adopted.
I would also like to address the City Attorney whether the recessed
December 4, 2014 meeting @ 2:00 am to 3:16 am was properly noticed
since several important decisions were made regarding Resolution 14-
210, Resolution #14-211, Resolution #14-212, Resolution #14-213,
Ordinance #14-2124 and Ordinance #14-2125, with a noticeable lack of
the public present?
- m' XHIBIT
To: City of Cupertino and City Council Members
From: Cathy Helgerson
Regarding: Citizen's Concerns pertaining to Building Heights,Zoning and more.
I live at 20697 Dunbar Drive in Cupertino and have lived here for 30 years and counting 1 would first like
to address the issue of Commercial Building Heights I am not in favor of them being 75 ft. high or even
45 ft. high especially if these buildings are right next to a residential area.
I will begin by giving is a prime example of what can happen if we the citizens are not watching what our
City Staff and City Council members are doing my home is right next to Apple Computer's R& D Facility
on Bandley Dr.,which has been a real problem to me over the years due to the pollution coming from
this building. At one of the City of Cupertino's City Council meetings an Apple Computer Representative
stated that they were upset and blamed the city for allowing Commercial Industrial zoning to be right
next to a residential area. I was at the time involved in a court complaint against them for one year with
the City of Cupertino, California Water Company and Apple Computer and had taken this up with them
because of the pollution that was coming out of the building.So because I could not retain a lawyer
without taking myself to the poor house and without any agency including the EPA that would go up
against these people after one year of doing the court pleadings myself I dropped my case.Soon after
this the City allowed a HVAC system to be installed on this very same building it was about 8 feet tall
besides the height of the building and is terrible to look at I could do nothing about this HVAC system
and this pollution next to my home it is still there.
My street is in the picture on the other side of Bandley Drive that the advocates circulated and are
protesting about along with other locations all over the City. Pollution is still a great hazard and the
more zoning set up for commercial and industry will bring in more cars and traffic that will pollute our
communities and I don't think this is the kind of city we want to live in.There should not be any high rise
buildings next-to residential areas and let's not forget any R&D Facilities next to homes with our
children in them being subjected to health hazards of all kinds. I also believe that Apple's new facility will
have R&D Facilities across the street and right next to a residential area again this goes unnoticed by
the City and the City Council or does it?
I would also like to share with the City and the Public the possibility of something called eminent Doman
in which the City could also tell me I must sell my property in order for them to put up any kind of
building they like this really could be a possibility in any neighborhood citizens beware.The definition of
eminent domain reads as follows—The power to take private property for public use by a state,
municipality, or private person or corporation authorized to,exercise functions of public character,
following the payment of just compensation to the owner of the property and this also states that
property value may be reduced because of noise, accessibility problems,or other agents leaving use
open to all kinds of actions. I must ask the community and citizens is this the kind of city we all want to
live in? I don't think so.
How do Cities evolve into large mega metropolises they begin in just this way small at first and then
quickly without regard for the people who really live in them so what can we do?Well we can consider
an action plan that includes a formal petition, recalling the City Council members, a referendum,
lawsuits and an initiative that will force the tables to turn.This is a long drown out process but in the
end the question is will we win can we win?We must win for the future of our children depends on it.
This and other problems with the City have been going on for a long time and I for one am happy about
the citizens who want to do something about it and are organizing.There needs to be an honest avenue
to follow without any deception of any kind we the public need to be protected against dirty politics
because the corporations and the builders who only look for the profit they are greedy and
inconsiderate.
I have been told that there are many questions that need to be answered by the City regarding the
changes in the proposed General Plan old and new plans need to be reviewed why was the citizen's
intake not requested for these changes?What is the City and the Council Members trying to do you city
workers work for us and you City Council members are elected by us this is not just your city but our
city.
I have not gone and mentioned the other issues that large growing cities face because we are probably
well aware of these problems and so is the City but they are still problems that need to be taken into
consideration so please do so.
I don't want City growth spinning out of control and this is where we are heading please work with all
the concerned citizens and the advocates for an honest City Government to bring about a place our
children can live and be proud of.
Thank you
Cathy Helgerson
CAP—Citizens Against Pollution
4 prepared=b Gatfaenne'Thaler
General Pian eotnpet - - -
rls,Pol�cce acct sir Vis;cor�predMAFtY of 1~IMf�1�1G$
_ - -
'Corres�or> ing -
Si PFan. ® murVI
sro; t 2t#4t1� Notes --
Cttapter-EnV ronment l f3 ur s All Goits and,t`+alfcies untl f 1N1' . 4INF-2& INF4 in:-- --
$ect7on 5-Eh lrorameritall. air ;3�rsta r>abilii#4y Element"&'Chapter Chapter 8 of"204e were net found m;the 2005-de- neraI
Resou c Sustsmabuity IlnfrttwWatpre Element. _ -Pian and�:are.pre-s t4 be,neW.,
7 Plarriittn for S�uatnabiltty - - - -
5=9:: Gornunity Gardens -. - none
- --
Reddeed Use of Non irenewable Energy - -
Resources- PYHI -
I *a-2.7 Educational Programs,
" 2 7 Energy Cogeneration 5ystetns ES=21 7___- -
54.9 4�se of Discref�anar�r DevelQprnen-�e�#fis, none - Possi�iy repleted'bar updated city ordinance or building cads
5-2,.f D` nar Effie ent'Trans rtetion Modes none -- i'ossanl r rep#aced try�rpc#at i ct ordinance ar building code
y
Enemy co -g And,Mcwnt Buildings--
-_
5 3.- Bail ing enemy Audits none _
Health Air Qua#ttyLevels Fot Citizens lung
'Coca!Planning
--
1=54 2.4Ex arrded frorri one sentence,to ',
6-5.4 flour detailed ones:
Quarries
E3-x.2.5 Genera_1, took;out aarnes of I
Frotectlor�of Spec#�i#AA eeis e#Natural -
Vegetatfion 8►NtldTt#e Habitation As!rite
gmi'
Parts of the.Sustainable Envrrontnant.
I -
__"
Miher�al Resource Areas TNK 11Arnct[tize - -- ---- -
Comrpu�lty impacts And ldent#fi Future Uses
-
5:f,5.1 - see above
see=apav�; -
5above;
lncoi atibl 't and uses roes Pvssrbiy_repia�ec! y updated:cam and rta"nce or Ouilding code
Section S summaly
- Page I
5 17 Ne v De elopr ent none, P sibly rep#aced by updated city ordinance or b�aoing code
F
protection earl Effficiant Llse of Wa#er R aures
ESQ I 1 3, ES 14.4&
- —
ES-x.'11.Y &1;$fi11 2 E-bWnde IS
5-3 1�: -A$�irS-7.�1�1.7
- - — - --
Improved Quality►of Storm Witef Runoff--
5-3 -- - INE-41 IeftofFf pollution
5-331.110ilt Discharge into Storn7 Qtarns Arid
WVaterwa. s
-- -- �-y - --none- -_ -- --- Possibly replaced by upttatecl city ordinance
5-35 Developjmnt on,Septic Systems_ none Possibly replaced,t y,updated city ordinance or building code
_-- 5-36 IlvF-4 1 f,
5-37'P W Resistant LandsGapirig and Design
--
Features
none Possibly replaced by updated city,ordinance or building code
- -
A Salid MV Aste.Stream reduction Programs That
M'ee#s or Exceeds State R"equfrements:
5 38 1 Increase Recyctag -- -none - - -- -
539.1 CoordinateW-ith Garbage Com'- none Possibly replaced:by gpdated day ord dance
539.2 Ewaste Recycling 1pne Possit5ly replaced,by updatedi city vrclinance'
---
5-39.3 Curstl�e recycling of yard w'n none Possibly, replaced by updatedr city.orclir�ance
5-40 _- LNE y.2.8�IAiE 7 3.1
- - 5-4Q 1 tOrdirranc, ravlo ns none FossEbly replaced by u elated city, ordinance
5-41 1'.Promdte Public education none - — -
yo 9 P- rpgqu ut�es—= nvne .
542.2 Scft.. and`in none, -- -
5-43.1� 1 l isein�nat►on 4�f Recyc!Fng lnforrnatton. NA c -
- - --- - -
5-43 2: Jse Jrtw'rr; ;t
for lr►fxa#raxs
5-44.:i Posfil)e Alit(otr.8errtodei Protects; noire l?ass[b1y rgplace i,by itp tater c4,ord nance-or building code_
Reciuiro Private public pcvlects to use: - _
Ree tl.Mafer�als - none Possibly r laced b u aced ordihance or bdildln code
- p.-replaced' y_ .pd_ - - -
-;1 �►d �+� e�uu�e�^-Cepa_ - - - - _
5-47 1 .'Prov cost sstrates of sewer,tritary -
'.Jtnes � npnb�.
bei in
ra 5��ectio
'dup�te nurtt : d
$66110h 5•Summa r 'Page 2
i
General Plan comparison prepared by Catherine Thaler
Goals, Policies and strategies compared
Corresponding goal
2005 General Plan Community Vision 2040 Notes
Chapter 6-Environmental
Resources and Sustainability All Goals and Policies under INF-1,INF-2& INF-6 in
Section 5-Environmental Element&Chapter 8- Chapter 8 of"2040"were not found in the 2005 General
Resources/Sustainability Infrastructure Element Plan and are presumed to be new.
Planning for Sustainability
5-1 ES-1.1
5-1.1 ES-1.1.1
5-1.2 ES-1.1.1
5-1.3 ES-1.1.1
5-1.4 ES-1.1.1
5-1.5 Community Gardens none
Reduced Use of Non-renewable Energy
Resources
5-2 ES-2.1
5-2.1 ES-1.1.2
5-2.2 ES-2.1.2
5-2.3 ES-1.1.3
5-2.3 ES-2.1.1
5-2.4 ES-2.1.3
5-2.5 ES-2.1.4
5-2.6 ES-2.1.5 & ES-2.1.6
*5-2.7 Educational Programs
*5-2.7 Energy Cogeneration Systems ES-2.1.7
5-2.8 ES-2.1.8
5-2.9 Use of Discretionary Development Permits none Possibly replaced by updated city ordinance or building code
5-2.10 Energy Efficient Transportation Modes none Possibly replaced by updated city ordinance or building code
i
Energy Consrving And Efficient Buildings j
5-3 ES-3.1
5-3.1 ES-3.1.1
5-3.2 Building energy Audits none
5-3.3 ES-3.1.4
5-3.4 ES-3.1.2
Section 5 comparison Page 1
General Plan comparison prepared by Catherine Thaler
Goals, Policies and strategies compared
Corresponding goal j
2005 General Plan Community Vision 2040 Notes
Chapter 6-Environmental'
Resources and Sustainability All Goals and Policies under INF-1,INF-2& INF-6 in
Section 5-Environmental Element&Chapter 8- Chapter 8 of"2040"were not found in the 2005 General
Resources/Sustainability Infrastructure Element Plan and are presumed to be new.
5-3.5 ES-3.1.3
5-3.6 ES-3.1.4
i
Healthy Air Quality Levels For Citizens Utilzing
Local Planning Efforts
5-4.1 ES-4.1
5-4.2 ES-4.1.1
5-4.3 ES-4.1.2 f
5-4.4 ES-4.1.3
5-5 ES-4.2
5-5.1 ES-4.2.1
5-5.2 ES-4.2.2 ;.
5-5.3 ES-4.2.3-Added Landscaping
ES-4.2.4-Expanded from one
5-5.4 sentence to four detailed ones.
ES-4.2.5 (General, took out
5-5.5 names of Quarries)
5-6 Also 4-3 NA
5-7 ES-4.3
5-7.1 ES-4.3.1
5-7.2 ES-4.3.2
Protection of Special Areas of Natural
Vegetation &Wildlife Habitation As Integral
Parts of the Sustainable Environment
5-8 ES-5.1.1
5-8.1 ES-5.1.1 (Expanded &Added Landscaping)
5-9 ES-5.2
5-9.1 ES-5.2.1
5-10 ES-5.3
5-11 ES-5.3.1
5-11.1 ES-5.3.1
5-12 ES-5.3.2 & ES-5.4
Section 5 comparison Page 2
i
General Plan comparison prepared by Catherine Thaler
Goals, Policies and strategies compared
Corresponding goal
2005 General Plan Community Vision 2040 Notes
Chapter 6-Environmental
Resources and Sustainability All Goals and Policies under INF-1,INF-2& INF-6 in
Section 5-Environmental Element&Chapter 8- Chapter 8 of"2040"were not found in the 2005 General
Resources/Sustainability Infrastructure Element Plan and are presumed to be new.
5-13 ES-5.5
5-14 ES-5.6
5-14.1 ES-5.6.1 & ES-5.6.2 j
i
Mineral Resource Areas That Minimize
Community Impacts And Identify Future Uses
5-15 ES-6.1
5-15.1 see above
5-15.2 see above
5-16 see above
5-17 Incompatible Land Uses none Possibly replaced by updated city ordinance or building code
i
5-17.1 New Development none Possibly replaced by updated city ordinance or building code
5-18 ES-6.1.2
i
Protection and Efficiant Use of Water Resouces
5-19 ES-7.1 & ES-7.1.1
5-20 ES-7.2
5-20.1 ES-7.2.1
5-20.2 ES-7.2.2.
5-20.3 ES-7.2.3
5-20.4 ES-7.3.2
5-21 ES-7.3 j
5-21.1 ES-7.3.1
5-22 ES-7.4.3
5-23 ES-7.4.2
5-24 ES-7.5
5-25 ES-7.6
5-26 ES-7.7
5-27 ES-7.8
5-27.1 ES-7.8.1
Section 5 comparison Page 3
i
General Plan comparison prepared by Catherine Thaler
Goals, Policies and strategies compared
Corresponding goal
2005 General Plan Community Vision 2040 Notes j
Chapter 6-Environmental
Resources and Sustainability All Goals and Policies under INF-1,INF-2& INF-6 in j
Section 5 -Environmental Element&Chapter 8- Chapter 8 of"2040"were not found in the 2005 General
Resources/Sustainability Infrastructure Element Plan and are presumed to be new.
5-28 ES-7.9
5-29 ES-7.9.1
5-30 ES-7.10
5-30.1 ES-7.10.1 & ES-7.10.2
5-31 ES-7.11
5-31.1 ES-7.11.3, ES-7.11.4& ES-7.11.5
ES-7.11.1 &ES-7-11.2
(Expanded) &ES-7.11.6 & ES-
5-31.2 7.11.7
I
Improved Quality of Storm Water Runoff
5-32 INF4.1 left off pollution
5-33 Illicit Discharge into Storm Drains and
Waterways none Possibly replaced by updated city ordinance
5-34 INF-4.1.1
{
5-35 Development on Septic Systems none Possibly replaced by updated cityordinance or building code
5-36 I N F-4.1.3
5-37 Pest Resistant Landscaping and Design
Features none Possibly replaced by updated city ordinance or building code
A Solid Waste Stream Reduction Program That j
Meets or Exceeds State Requirements
5-38 INF-7.1
5-38.1 Increase Recycling none
5-39 INF-7.3
5-39.1 Coordinate With Garbage Company none Possibly replaced by updated city ordinance
5-39.2 E-waste Recycling none Possibly replaced by updated city ordinance
5-39.3 Cursdie recycling of yard waste none Possibly replaced by updated city ordinance
5-40 INF-7.2 & INF-7.3.1
5-40.1 Ordinance revisions none Possibly replaced by updated city ordinance
541 INF-8.1.1
5-41.1 Promote Public education none
Section 5 comparison Page 4
General Plan comparison prepared by Catherine Thaler
Goals, Policies and strategies compared
Corresponding goal
2005 General Plan Community Vision 2040 Notes
Chapter 6-Environmental
Resources and Sustainability All Goals and Policies under INF-1,INF-2& INF-6 in
Section 5-Environmental Element&Chapter 8- Chapter 8 of"2040"were not found in the 2005 General
Resources/Sustainability Infrastructure Element Plan and are presumed to be new.
5-42 INF-8.1 j
5-42.1 Recycling Opportunities none
5-42.2 Schools and Institutions none j
5-43 INF-7.3.3
5-43.1 Disemination Of Recycling Information NA
5-43.2 Use Internet for Information NA
5-44 INF-7.3.2
5-44.1 Post Demolition & Remodeling Projects none Possibly replaced by updated city ordinance or building code
5-44.2 Require Private& public projects to use
Recycled Materials none Possibly replaced by updated city ordinance or building code
Adequate Sewer Capacity
5-45 INF-5.1
5-46 INF-5.1.1
5-47 INF-5.1.2
5-47.1 Provide cost estimates of sewer tributary j
lines none i
*duplicate number in Section 5
i
I
I
i
Section 5 comparison Page 5
i
C S �
General Plan comparison prepared by Catherine Thaler
Summary of Differences
Coals, Policies and strategies compared and mapped between General Plans
Corres ondingLoa/
2005 enera an Community ision2040 Notes
Section 6 -Health and Safe-ty lRealthl Safe! lement•C a ter 7
HS-1 Regional Hazard Risks
Not found in Section 6 HS-1.1-Regional Hazard Risk Reduction Planning
Not found in Section 6 HS-1.1.1-Monitoring and Budgets
Not found in Section 6 HS-1,1.2-Mitigation Incorporation " IBIT
Not found in Section 6 HS-1.1.3-Amendments& Updates
Not found in Section 6 HS-1.2-Sea Level rise protection Exm
Not found in Section 6 HS-1.2.1-Monitoring Sea Level
HS-2 Emergency Preparedness
Not found in Section 6 HS-2.2.1-Upgrades to E®C or other Location new
Not found in Section 6 HS-2.6-Consider nearby Military facilities&airspace new
HS-3 Hazards-Wiidland & Urban Fires
Not found in Section 6 HS-3.3-emergency access for all new hillside development new
6-19, 6-20,6.21 HS-3.8
HS-4 Community Safety
HS-6 Geologic&Seismic Risks
HS-6 Hazardous Materials & Emag
HS-7 Floods
Not found in Section 6 HS-7.4.3-Nat'i Flood Ins.Community Rating System new
HS-8 Noise
Items In Section 6 2005 not found in 2040
6-11:Residential Fire Sprinklers none Possibly replaced by updated building code
6-12:Smoke detectors none Possibly replaced by updated building code
6-13:Wood Shake Rook Abatement none Possibly replaced by updated building code
6-22: Residential Fire sprinklers-Hillsides none Possibly replaced by updated building code
6-46.1: First habitable floor above 100y flood none Possibly replaced by.updated building code
6-52: Support stricter State laws on noise none immaterial
6-61: Construction Hours restriction none Possibly replaced by Cupertino regulation
Discussion of Noise Contours Found in Appendix D-Community Noise Fundamentals
Section 6 Summary
General Plan comparison prepared by Catherine Thaler
Goals, Policies and strategies compared and mapped between General Plans
Corresponding goal
2005 General Plan Community Vision 2040 Notes
Section 6-Health and Safety Health &Safety Element-Chapter 7
HS ARegional Hazard Risks
Not found in Section 6 HS-1.1-Regional Hazard Risk Reduction Planning
Not found in Section 6 HS-1.1.1-Monitoring and Budgets
Not found in Section 6 HS-1.1.2-Mitigation Incorporation
Not found in Section 6 HS-1.1.3-Amendments & Updates
Not found in Section 6 HS-1.2-Sea Level rise protection
Not found in Section 6 HS-1.2.1-Monitoring Sea Level
6-43 HS-1.2.2 j
HS-2 Emergency Preparedness
6-34 HS-2.1
6-35 HS-2.2
Not found in Section 6 HS-2.2.1-Upgrades to EOC or other Location new
6-38 HS-2.2.2
6-36 HS-2.3
6-40 HS-2.3.1
6-36.1 HS-2.3.2
6-36.2 HS-2.3.3
6-36.3 HS-2.3.4
6-37 HS-2.3.5
6-39 HS-2.4
6-39.1 HS-2.4.1
6-39.2 HS-2.4.2 j
6-41 HS-2.5
6-41.1 HS-2.5.1
Not found in Section 6 HS-2.6-Consider nearby Military facilities&airspace new
i
HS-3 Hazards-Wildland&Urban Fires
6-3, 6-4, 6-5, 6-6 HS-3.1
6-7 HS-3.2
Not found in Section 6 HS-3.3-emergency access for all new hillside development new j
6-14 HS-3.3.1
6-15 HS-3.3.2
6-16 HS-3.3.3
6-17 HS-3.3.4
Section 6 comparison Page 1
General Plan comparison prepared by Catherine Thaler
Goals, Policies and strategies compared and mapped between General Plans
Corresponding goal
2005 General Plan Community Vision 2040 Notes
Section 6-Health and Safety Health &Safety Element-Chapter 7
6-18 HS-3.4
6-18.1 HS-3.4.1
6-18.2 HS-3.4.2
6-8 HS-3.5
6-9 HS-3.6
6-10 HS-3.7
6-19, 6-20,6.21 HS-3.8
HS-4 Community Safety
6-23 HS-4.1
6-25 HS-4.2
6-24 HS-4.2.1
6-27 HS-4.2.2
6-26 HS-4.3
HS-5 Geologic&Seismic Risks
6-1 HS-5.1 j
6-1.2 HS-5.2.2
6-1.5 HS-5.1.2
6-6.1 HS-5.1.3
6-2 HS-5.2
6-2.1 HS-5.2.1
6-2.2 HS-5.2.2
6-2.3 HS-5.2.3
6-2.4 HS-5.2.4
6-2.5 HS-5.2.5 1
HS-6 Hazardous Materials & Emag
6-28 HS-6.1
6-29 HS-6.2
6-30 HS-6.3
6-31 HS-6.4
6-33 HS-6.5
6-32 HS-6.5.1
6-32 HS-6.5.2.
HS-7 Floods
6-42 HS-7.1
6-44 HS-7.2
6-44.1 HS-7.2.1
Section 6 comparison Page 2
i
® General Plan comparison prepared by Catherine Thaler
Goals, Policies and strategies compared and mapped between General Plans
Corresponding goal
2005 General Plan Community Vision 2040 Notes j
Section 6-Health and Safety Health&Safety Element-Chapter 7
ji
6-44.2 HS-7.2.2
6-45 HS-7.3
6-46 HS-734 j
6-47 HS-7.4.1
6-46.2 HS-7.4.2 j
Not found in Section 6 HS-7.4.3-Nat'l Flood Ins.Community Rating System new
6-48 HS-7.5
6-49 HS-7.6
6-49.1 HS-7.6.1
HS-8 Noise
6-50 HS-8.1 j
6-50.1 HS-8.2
6-58 HS-8.2.1 j
6-60 HS-8.2.2. I
6-63 HS-8.2.3
6-62 HS-8.3
6-51 HS-8.4
6-53 HS-8.5
6-54 HS-8.6
6-54.1 HS-8.6.1
6-55 HS-8.7
6-56 HS-8.7.1
6-57 HS-8.7.2 [Eli
6-11:Residential Fire Sprinklers none Possibly replaced by updated building code,
6-12:Smoke detectors none Possibly replaced by updated building code
6-13:Wood Shake Rook Abatement none Possibly replaced by updated building code;
6-22: Residential Fire sprinklers-Hillsides none Possibly replaced by updated building code
6-46.1: First habitable floor above 1 00y flood none Possibly replaced by updated building code
6-52: Support stricter State laws on noise none immaterial
6-61: Construction Hours restriction none Possibly replaced by Cupertino regulation
Discussion of Noise Contours Found in Appendix D-Community Noise Fundamentals
i
i
Section 6 comparison Page 3
Subject: One office question SURVEY Input from some residents-please add to May 19,2015 meeting � {�
documents G�
From: Lisa Warren(la-warren@att.net)
To: graces@cupertino.org; 7-t 1:5
Date: - Thursday, May 14, 2015 10:17 PM
Y Y �
From: Lisa Warren <la-warren@att.net> l
To: City Council <citycouncil@cupertino.org>; PlanningCommission �
<planningcommission@santaclaraca.gov>; City Clerk<cityclerk@cupertino.org>; David Brandt
<davidb@cupertino.org>; City of Cupertino Planning Dept. <planning@cupertino.org>
Sent:Wednesday, May 13, 2015 12:36 AM
Subject:One office question SURVEY Input from some residents-please add to May 19,2015 meeting
documents
City Council members, Planning Commissioners, others,
Based on a question posed by someone I spoke to, I chose to send a 'one question survey'
out via 'Nextdoor'. I did this at the end of March and have decided that you should have the
'results'. There has been some discussion about Economic Diversity among council
members during public meetings recently which makes this input very relevant.
I have attached the collection of replies I had received by early April, 2015. The first 33
responses came within 4 days of post.
There were 38 responses. The one question is included in the attached collection of
responses.
• 'C' was the overwhelming response- 6 'C's without any comments and another 18
with comments - 24 total with the actual 'C' included in feedback.
• 'B' was selected by one person who added a comment.
• 'A' was semi selected by one person (that person chose A/B and added comments)
12 residents commented without choosing either A, B or C.
Same 'flavor'.in the comments though..
Out of the 38 comments, I think only 3 people chose to reply 'privately'. The rest made their
thought available to all.
There actually ended up being a 'spin ofF reply that got more discussion going, but was not
as focused on 'the office question' so I did not include that info.
Lisa Warren
ps.. let me know if you need me to send the exact wording of my 'post,
Summary of answers as of early April, 2015
The question is whether residents are willing to build more office to bring more jobs to Cupertino:
A) For any company
B) Only if we can get economic diversity
C) Not at all
RESPOND to this message with A, B or C
Please add civil COMMENTS to help clarify your answer.
C " Response and Comments :
There were (as of March 30 6pm) 6(six) 'C' responses without any comments. Then there
were these that had comments:
Answer is C. More office space won't create more jobs for the residents here. However, we will take the
consequence such as bad traffic, noise environment, high crime rate and etc.
C - I think traffic and affordable housing is more important that office space.
C. Cupertino is becoming Apple City. Before the city bring in more offices,we should focus on solving the school,
traffic issues.
My answer is C.
I do not want more offices in Cupertino.When I moved here to Cupertino in 2007, the city only has—50K residents.
The city also did not have many construction as now. During that time, traffic is not as heavy as now, and the air is
not as bad as now.
Since we will have Apple campus 2 in our city soon, I think this alone will generate a lot of cars and buses,which will
make my travel time to go home longer(traffic jam and more traffic lights to stop), and also will make the air quality
bad.
C -1 am against new offices because every new office we add requires more housing. There's a formula, and I
feel it is completely unfair to residents. And, while I realize the requirement is from the state not the city it is
still unfair.
C:there are lots of Apple-occupied offices would be empty once new headquarter finished. I don't think Cuptertino
needs more office buildings.
C. It won't bring much job opportunities to the residents, actually. I don't see much tax benefit compared what we have to
pay off.
C, it's obvious that the city is overcrowded and the traffic is jammed.
C-Agree with XXXX's comment, that Apple's eventual vacancy of their current spaces should allow new businesses to
move in to existing offices. Instead of having to build new space.
C.All Cities need to focus on Traffic, Roads need repaired and the State has No Water or any means of Resolving
the problem if the Drought continues.
C. First let's make sure that all the new office space is occupied. The city can always come back and plan for more
office space after Apple moves to it's new campus and checks the status of current office spaces rented by Apple.
---This forum has been great for me to learn and contribute. There has been a lot of information from people more
informed than myself. It has been nice to throw my two cents into certain discussions.
Personally, I feel that the consequences involved with growth and development are glossed over, and the entity who
seemingly dictates public opinion is the one and only entity that clearly has something to gain. They also aren't as
dependent on the outcome of their own agenda. If it fails or has a negative impact, we suffer far more than they do
because this will impact our lives, every day for decades....
C -for the same reasons noted above in those that also voted C
I wish there is another option that would be"Only if we can get it environment-friendly(e.g., traffic, noise, and chemical
hazard neutral)".
Among the three options, my vote would be C "Not at all".
C - no comment is needed. It should be obvious
C. What the heck is"economic diversity?" Isn't that just another way of saying "economic disparity"which is what we
have plenty of around here? I'm in favor of responsible growth, but I don't want any part of the plans that have UN
Agenda 21 at their roots.
I vote c. At this time we are not in any way meeting the housing needs of low and medium income groups and arc ing
more workers just compounds the issue and adds to traffic woes.
C. I think we have enough office space as is and all this will do is require the city to again find more space to build
more housing. It's a vicious cycle that we need to slow down and adding more office space won't help the current
residents with resolving the issues we're already having with the city.
" B " Response and Comments :
My answer would be B...but it seems that diversity in Cupertino means Indians and Asians.. I'd it's to be a true
diversity, then I want the same diversity given to African American, Caucasians, middle easterns, etc...Sorry this
may not be the PC answer that you were looking for. ..buy this is how I feel
"" A " Response and Comments :
A/B I'm not clear what economic diversity is alluding to, but a variety of retail, dining, and service coupled with office
expansion that's allows other companies than Apple to establish and flourish. Mixing residential in with store front
along major thoroughfares while maintaining space in the residential neighborhoods.
Comments without a A,B or C choice made
(but you can get a great idea of what they are thinking)
The Apple building will be completed in 2016. 1 think more housing is needed, especially for seniors and low income,
to keep current ratio of residences to offices, if any new building occurs.
Technically I'd prefer no building but demolition of some buildings and hard scape to add park land to Eastern part
of Cupertino.
.......................................
.......................................
Rezoning needs to be carefully thought out.
Adding residents and/or workers will have an obvious impact on traffic, schools.
Noise pollution, air pollution.
Resources get strained. Water and energy will have increased demand. How will that affect us?
The table in the original post doesn't show how many vehicles we are going to add to rush-hour. Yikes.
Also, Multi-zillion dollar mixed-use projects aren't a fix-all solution on how to manage growth.
Developer will always promise low impact.
Senior housing, BMR units...
But no one is trying to make average apartments. Developer makes more with luxury apartments.
Adding a bunch of luxury apartments in new, dense population centers will mean an influx of wealthy residents who
probably don't care about preserving open space or setbacks or height(they're buying into the densest style of
living). And they'll mostly be new residents and likely won't care as much about history and tradition. And they'll get
to vote, too.
Do we want a"Santana Row"?And when we finish building ours, do we want to build another one?
Santana row-style project means high rents or sale prices. For the businesses, too.
So you end up with higher prices at a place like Santana Row. Restaurants have higher overhead, so the operator
passes on those costs to you. small businesses or modestly-priced options cannot survive.
Only high-end places or corporate juggernaughts can exist in these places.
Infrastructure needs to be planned out BEFORE adding new residents or workers.
Roads aren't only a city issue, either. Highways are involved.
I don't think we need to add many new residents or office space.
The mayor had stated that we needed more space because several companies moved out of Cupertino due to a
lack of office space. When they left, that should have freed up the space they were using.And the obvious one,
Apple, has stayed.
We've cast our lot with that company.
I'm not hungry for additional office space beyond campus 2. I'm not sweating "losing"whoever we"lost"while
instead we retained Apple.
I wonder what percentage of people who work in Cupertino also live in Cupertino? I bet it's a small number.
Developer will always tell you that their project won't harm schools or traffic.
Growth and change aren't frightening. Letting Sand Hill or someone like that plan it for you is what is frightening.
It's rational for local citizens to want growth and development to not drastically alter our quality of life or diminish
property values or educational quality.
Building heights, setbacks, zones.... Usually shouldn't be changed. Usually.
More dense population is something I don't want. Mixed use is usually lame.
I don't think we desperately need more office space.
Does anybody want all that? More people? More workers? More crowding in our schools and on our roads? More
places to eat or shop but nowhere to park when get there?
Looking at every open or underdeveloped place and trying to figure out how many square feet of office or retail plus
housing units can we squeeze in?
I say NO.
................................
................................
Where will the water come from needing to flush the thousands of new toilets that will be needed for all the .
new jobs that are being added right now. Every flush uses several gallons of drinking water, even in the most
efficient toilets. However, I never hear about this aspect--wonder why. No new employees and no more
toilets for Cupertino.
............................
............................
I don't see the point of doing this survey.We already have more jobs than#employed residents. Besides with the
32,800 jobs we do have,there is a 26,700 in-flow of workers.
Even if you build more office to have more jobs,there will just be more in-flow of workers. It won't increase the
percentage of Cupertino residents who work in the city. Unless there is a certain incentive program to hire local workers,
like Sunnyvale is moving towards.
It's like the same argument they use for building more housing close to Apple II.
Only about 15%of the apartment dwellers might work at Apple II or anywhere within walking distance.You'll get 75%
net increase in traffic.So, it doesn't reduce traffic at all.And then there is the school and impact... and air,visual
pollution.
...............................
................................
First, there is the seductive allure of modernization in ultra-urbanization.
But there is a bigger challenge of misjudgement of its real impact if we
cant see the forest for the trees. The fallacy in thinking and misjudgement
just devolves into a tragedy of the commons.
.................................
.................................
I think that the developers only want to make money. They are interested in only their interest, If they only want to
go three high-density complexes is not true. They are after 5 or 6 high-density complexes so that no retail is
developed. Look want happen in the old Kaiser hospital. It was supposed to be only three high-density complexes
and it developed into four or five high-density complexes without us knowing.(Thats what I heard, true or not).
................................
Cupertino has tried mixed use in three high-density complexes and it has failed in all three of them, The developers
don't want to put in the retail, they know it won't work, but the city forces them to do it. Customers hate it. The
residents that live in the complexes hate it. It sounds good in theory though.
..............................................
.................................
Lisa, it's important that residents realize that more office space leads to more housing because of state mandates. A
city can't build only office space with the idea that since office space doesn't generate more public school students
that they are not affecting the schools.
Once you build office space,the state comes in and requires that you construct housing.
The General Plan Amendment proposes 3.5 million square feet of office space (to put that in perspective, this would
be about seven Transamerica pyramids).
3.5 million square feet of office space houses about 22,000 employees at current rates of square feet of space per
employee, and the square feet per employee is falling so this number will go higher.
If the state met its goal in terms of the ratio of housing units/employee, that would mean about 16,000 new housing
units.
At the current ratio of new students/new housing unit that means about 26,000 more students.
Now developers and politicians will argue that a)that the state's ratio is just a goal and that the state will not enforce
such a low ratio, b) a lot of single people,and couples with no children will buy the units they are building (Sand Hill
already made this argument when they sneakily turned the senior housing at Main Street into regular housing), c)
that the ratio of new students/new housing unit will be less than it was for previous projects in Cupertino, and d) the
new units will generate more tax revenue than older units because they will have a higher tax basis under prop 13.
But even if you cut the projected number in half, to 13,000, that's still a big scary number and a huge number of new
portables.
...............................
You lost me at"whether residents are willing to build more offices"Would we be building/paying to build?
...............................
Diversifying the tax base is important in case something happens to Apple in the future.
.................................
.................................
This is a complex question, and not enough information is provided. For myself, I don't know much about Urban planning
or have enough experience to make a truly informed vote.
I will note:
Given the property prices in Cupertino, whatever business that will be located here, will have to be one that is very
lucrative to cover the rent. I don't know if that will be good or bad... I suspect,small professional business such as law
firms, accountants, medical specialists, over-priced retail, etc. This probably won't help to make Cupertino an interesting
place to live and may not match the job skills of the residents who live here already. I just don't know....
If there is no corresponding increase in housing (and probably high density housing at that), then traffic will become more
of an issue.
Will corresponding increase in public transportation be included?
No mention how parking will be done. If this adds to "Parking Lagoons" (Where there is a thin sidewalk with a busy street
on one side and a big parking lot on the other), this will make foot traffic more unappealing. (Example: Sears along
Stevens Creek).
Maybe it would help if there were some office set asides for non-profits(as is done with Fort Mason in SF.)
Put me down as Undecided...
C14y Ltur- Akay
OFFICE OF COMMUNITY DEVELOPMENT
PLANNING DEPARTMENT
CITY HALL
� � .
10300 70RRE:AUENUE-GUPERT.I_N0;CA 95014=3255
C-u p-E K .'N, (408)777-3308 FAX-,(408)777-3333'
,August 5,2014 _
Ms._Debby-Fernandez.
City of Santa Clara PlanningDepartment
De P �v U x204 .
1500 Warburton Avenue
Santa Clara,CA'95050: €�dl �c �-
Re:Addendum 5403/54Q5 Sfevens'CYeekBotilevard Office Prayect
Dear 1V&.-Fernandez:,
Thank you fof allowing the City of Cupertino the opportunity"comment on the Phase 2 office
project proposed at 5.403/5445 Stevens Creek Boulevard.
The approximate height,of the proposed building is identified as.138-feet (pine=stories)cin.the
Addendum to the Final.EIR. The, Phase 1 six-story-office.building on the site-, at"10.5 feet, is
significantly taller:than existing buildin :in the area. While the-project is located in an area.
,gswhere four story buildings exist; the project site is also located close to_ a residential
neighborhood where the maximum allowable_height is,limited to two stones..
The project is proposing a monolithic sidewalk anda. the amount;of 1'andsc4pirig
along Stevens Creek Boulovard Pleasenote thatforprolects:along Stevens.CreekBoulevard,the
City of Cupertino requires-the�i�stallation of a detached sidewalk and a double row of trees to
buffer the mass and bulk of bu>Idi tgs from the street:
Please also find-attached comments that'the City has,=eceived from-a concerned resident:
I hope that the City of Santa Claravniill consider the.City of.Cupertino's_comments in the review
of the proposed project to improve its interface with the surrounding neighborhood and
community. Should you have any questions; please do not Hesitate to contact me at(408).777-
3308•or Pi_ug@cupertino:ore..
Sincerely,
- a
Piu Ohosh,AICP
Senior Planner
Cityof Cupertino
Enclosed:Letter from Catherine Thaler re:Stevens Creek Office Building
Catherine Thaler
10116 Stern Ave.
Cupertino, CA 95014
(408)446-9266
City of Santa Clara
Planning Commission
1500 Warburton Ave.
Santa Clara, CA 95050
RE: Stevens Creek Office Building
Dear Planning Commission;
I am writing is response to the proposed plans for the second building at 6409 Stevens
Creek Blvd. Although I was officially noticed by mail about the original project in 2012
I have not received anything in the mail about this issue. Luckily a neighbor mentioned it
and I immediately contacted Debby Fernandez. She was most helpful in supplying
documents and answering my questions on Friday. I have two major concerns,the scale
of this project and the Iandscape plan.
The scale of a 9 story project seems way out of proportion to the existing area.As you
know,none of your Santa Clara residents are impacted by the office project,just many of
us in Cupertino as we traverse Stevens Creek. Just behind this main street is a
neighborhood of over 5,000 citizens that travel this area daily plus the many other
commuters driving into work. Currently all surrounding building are at most 4 stories.
The 6 story office building recently opened is the tallest building for quite a distance into
Cupertino.
The following pictures illustrate the actual views of the project and the scale for human
beings and cars. This is the reality,not just plans on paper. I wanted you to see the project
as we do.
1
L t ,
This picture was taken in front of my house on Stem Avenue. As you can see the existing
new 6 story building is somewhat obscured by the 4 story hotel and masked by its
location on the rear of the property. It is still quite impressive and we call it the`Cruise
Ship'.
Y
Imagine this section of the building moved to within 60 feet of Stevens Creek and add
50%more to make it 9 stories! My lot is 60 feet wide,about 25 steps, so this is going to
be very close to the street at.the end and very tall.
Fig—
rill _ _-
x
a -- —
2
This structure.will towel:-over everything near it. Four-,stories high is the most of anything
within.sight.Although-itis an attractive building it,does not seem.to cornplirnent.and fit
in with the surroundings.
Given that the new building,will be in plain view with nothing,to hide it,the proposed
landscape plan seems inadequate. The plan calls.for large shade trees;but the selected
trees are Chhiese Pistache.Not only are they not large,but they are only slow to medium
growers., It seems that this project requires the placement of many of-trees to soften the
structure..
This view is just west of the,.Hotel,.and shows the current,office building.Notice the large
shade-trees along-the-street. Inside,are-smaller,trees,closer to the structure. Comingfrom-
the other direction the office building-is nicely masked.
Since a.9 story tree doesn't exist;please consider making the street trees larger,faster,
growing and require a larger specimen tlat 15 gallon listed on the plans. This is an
impressive building whether 6 stories or 9, it should have impressive landscaping both
inside and along.theL street.
Thank you,
Catherine Thaler
cc: Cupertino Planning,Department.
3
Job Housing Balance
prepared for May 19 Cupertino Council meeting
General Plan Amendment
April 1 , 2014 staff report
General Plan Amendment Policy Topics
The General Plan Amendment process is a focused update of the 2005 General Plan.While the
majority of the General Plan's content will remain the same, there are several major policy
topics that will be addressed through new or updated goals, policies, standards or programs.
al j
CITY OF Amend to
CUPERTINO ----
A
f
GENERAL PLAN r �- ,LL.
2000 — 2020
December 4,2014
2005 General Plan Community Vision 2040
WHY?
• Do council members know this policy is amended
out?
• Does this amendment ever discussed in any
community outreach?
• Why not ask residents " do you support job-housing
balance in Cupertino?" in the on-line survey?
■ Vision
• Search key words: balance / school / job
• balance: 9 matches
• schools: 6 matches
• job: 2 matches
• No more policy and language as that in 2005 General Plan.
CITYWIDE GOALS AND POLICIES Policy LU-11.1 : Connectivity
Create pedestrian and bicycle access between new
Balanced Community developments and community facilities. Review existing
The City seeks to balance future growth and development neighborhood circulation to improve safety and access for
in order create a more complete community. This includes students to walk and bike to schools, parks, and community
ensuring a mix of land uses that support economic, social facilities such as the library.
and cultural goals in order to preserve and enhance
Cupertino`s great quality of life. The CAP is based on 2040 growth projections for Cupertino
and identifies policies and strategies to reduce greenhouse
gas emissions at a municipal and community-wide level.
GOAL LU-1 Similar to most neighboring cities, Cupertino has historically
CREATE • BALANCED C• had an imbalance of land uses (housing, services and jobs)
WITH • MIX OF • THAT with a roadway infrastructure primarily dedicated to the
SUPPORTS THRIVINBUSINESSES, automobile. When this imbalance is multiplied at a regional
ALL • • • ' • level, there are regional consequences including, traffic
COMPLETE • • • • AND • congestion, high housing costs, increased air pollution and
EALTHY • lack of accessibility for the young, elderly and disabled.
2005 General Plan
Strategies:
1. Housing and Mixed Use. Allocate
housing or mixed-use development on
certain commercial, office and never
industrial sites, consistent with and wherever
societies have
• long-term City revenue projec- flourished and prospered,
tions (See Policy 2-38 Economic I creative and workable
Development Plan). ` cities have been at the
core.
THRIVING, BALANCED COMMUNITY
2. Housing Impact. Since the quality01110, (SANE)Acoas]
of Cupertino schools (elementary and
Policy 2-19:Jobs/Housing Balance high school) is a primary asset of the
Strive for a more balanced ratio of jobs City, care shall be taken to ensure any
new housing will not adversely impact
and housing units. these systems.
CITY OF CUPERTINO GENERAL PLAN ogle
Side note: The California Clean Energy Committee has successfully over-turned the City of San Jose
General Plan due to the failure to adequately analyze impacts resulting from a lack of housing for
people employed in the city.
Do we need such d
change ?
Table 2-A.Development Allocation.
TABLE LU-1
Commercial(sq.ft.) Office(sq.ft.) Hot,(rooms) Residential(DU) CrrYWIDE DEVELOPMENT ALL• • 2014-2"0
•e
3010 Built Buildout 2010 Built Buildout 3010 Built Buildout 2010 Built Buildout
(03
Neighborhood
Monte Vista 92,387 99,698 431,153 456,210 828 902
8923 d 1M
Oak Valley - - - - - - 178 178 City +-351,730 2115,000 7w.270 z.+7sN 2.46+.613 14413 .0e 5z6 uz 1.336 -5 469
Fairgrove - - - - - - 220 220 vea,n
Other Areas 17,620 17,776 SpN^a +207.776 1.207.234 - 2.NO.000 zm,ow 10 389 191 369 369
4.+,233••
Commerdal Centers 11or.w,..6 Mete zn,eN 69.550 69,550 126 1M 6N 750 -so
*Heart of the City 1,408,093 1,476,115 510,531 521,987 122 262 570
VallcoPark South 1,507,189 1,902,546 708,057 708,057 250 764 471 711 N.D.Aee x708 skm :.891.423 2.N1.an 123 133 .9 .y 97
Homestead Road 193,678 193,678 69,550 69,550 126 126 600 784
N.wem lean 137"0 ;069.676 3,W,176 3-5 315 ss. 1.15, eo0
Other Areas 497,247 495,415 268,735 250,604 - - 6 306
3.09 b- 351.20 35LM1 - 13a7N MIN - 6 6
Employment Centers
N DeAnza Blvd. 36,657 51,372 2,181,021 2,266,206 138 49 146 a 134,753 .13.753
City Center 64,144 79,011 1,050,227 1,050,227 224 224 556 656
Vallco Park North 133,147 133,147 2,981,930 3,069,676 315 315 554 851 "+'"eY "M, wow s.m7 .43,1.0 asa735 13.595 We ale w
va.e.
Bubb Road 428,645 444,435 94
Other Areas 100 owl 1..,966 144.96. 1+9.896 119.8% +ao" 18.166 123
Major Employers 633,053
- - - 109.vn 893.053 523,1+e - - -
Er*pbyre
Citywide 3,932,542 4,430,982 8,629,849 9,470,005 1,175 1,429 21,344 23,294 c;,y,,;d, 3437.065 e43o.M M.917 aw6.1 9 11470.005 2553126 1'.16 +..z9 313 21,412 23.296 1.eu
4,430,982 954705005 1 ,429 23,294
• 4,430,982 1 ,429 23,294
Please reconsider the
AMENDMENTS made in
Community Vision 2040 .
Reference
• 2005 General Plan : httr) -//www. cupertinogQa . org/
amp folders/view/20
• Community Vision 2040 : http :jj
www. cupertinogpa. ora/app folders/view/424
Search results
balance
CHAPTER 3
Land Use and Community Design Element
INTRODUCTION
CONTENTS
The Land Use and Community Design Element is the
keystone of Community Vision 2040. It unifies and informsLU-4 Context
the other Elements by providing an overall policy context Development
for future physical change. It deals with the issues of future Land
Transportation
growth and helps define the desired balance among social, Historic Preservation
environmental and economic considerations,while enhancHillsides
-
ing quality of life in the community. Neighborhood
Preservation
As Cupertino implements Community Vision 2040, it Re
,agininal Land Use
aspires to preserve and enhance the distinct character of
each planning area to create a vibrant community with invit- Demographics
Climate ing streets and public spaces, preserved, connected and Sustainable Action-
walkable neighborhoods, exceptional parks and community Principles
services, and a vibrant economy with a strong tax base. Economic Vitality
Citywide Growth and
Community Benefits
This Element includes goals, policies and strategies that LU-1 1 Looking Forward
provide direction on land use and design principles that will
shape future change in Cupertino. In turn,each of the other Policies
Balanced Community
Elements in Community Vision 2040 support the land use Community Identity
and design assumptions included in this Element. Streetscape Design
DevelopmentConnectivity
Historic Preservation
Arts and Culture
Economic and Fiscal Stability
..nal Cooperation
and Coor
...-
.or
SpecialAccess to Community
Facilities and Services
Hillsides
LU-43 Planning Areas Goals
and Policies
..
LU-3
COMMUNITY VISION 2040
City of Cupertino
Many of Cupertino's pioneer settlers planted vineyards and
wineries proliferated on Montebello Ridge,on the lower
foothills,and on the flat lands below.The valley,which
flourished with orchards, became known as"Valley of the
Heart's Delight" and was visited by tourists who came by
electric railway and later by rail car.
In the late 1940s, Cupertino was swept up in Santa Clara
Valley's postwar population explosion. In 1954,Cupertino's
leaders began a drive for incorporation due to concerns
related to unplanned development, higher taxes and piece-
meal annexations by other cities. In 1955,the incorporation
was approved by an election on September 27, 1955.
Cupertino became Santa Clara County's thirteenth City on
October 10, 1955.Today, Cupertino is part of Silicon Valley,
home to major world-renowned companies in the high
technology sector.
Hillsides
Cupertino's hillsides are an irreplaceable resource shared by
the entire Santa Clara Valley.They provide important habi-
tat for plants and wildlife;watershed capacity to prevent
flooding in downstream areas;a wide vegetative belt that
cleanses the air of pollutants;creates recreational opportu-
nities for residents;and a natural environment that provides
a contrast to the built environment.The City balances the
needs of property owners in hillside areas with those of the
environment and the community by allowing low-intensity
residential and other uses in these areas,while requiring
preservation of natural habitat and riparian corridors'when
selecting building sites.
Neighborhood Preservation
Cupertino is a city with diverse and unique neighborhoods
that vary in character and composition.As Cupertino
matures,the city must continue to look at preserving and
LU-6
CHAPTER 3
Land Use and Community Design Element
CITYWIDE GOALS AND POLICIES
Balanced Community
The City seeks to balance future growth and development
in order create a more complete community.This includes
ensuring a mix of land uses that support economic,social
and cultural goals in order to preserve and enhance
Cupertino's great quality of life.
GOAL LU-1
CREATE . BALANCED •
WITH A MIX OF •
SUPPORTS
ALL MODESOF SPO A •
COMPLETEC•' ••DAND A
HEALTHY •
Policy LU-1.1: Land Use and Transportation
Focus higher land use intensities and densities within
a half-mile of public transit service,and along major
corridors.
Policy LU-1.2: Development Allocation
Maintain and update the development allocation table
(Table LU-1)to ensure that the allocations for various land
uses adequately meet city goals.
Strategy LU-1.2.1: Planning Area Allocations.
Development allocations are assigned for various Planning
Areas. However,some flexibility may be allowed for
transferring allocations among Planning Areas provided no
significant environmental impacts are identified beyond
those already studied in the Environmental Impact Report
(EIR)for Community Vision 2040.
LU-13
CHAPTER 3
Land Use and Community Design Element
while increasing opportunities for other modes of
transportation.
Strategy LU-8.3.3: Infrastructure and Streetscape
Improvements.Consider infrastructure and streetscape
improvements in areas,such as the Crossroads or South
Vallco area to encourage redevelopment as a pedestrian-
oriented area that meets community design goals.
Strategy LU-8.3.4: High Sales-Tax Producing Retail Uses.
Consider locations for high sales-tax producing retail uses
(such as life-style and hybrid commodity-specialty centers)
provided the development is compatible with the surround-
ing area in terms of building scale and traffic.
Policy LU-8.4: Property Acquisition
Maximize revenue from City-owned land and resources,and
ensure that the City's land acquisition strategy is balanced
with revenues.
Policy LU-8.5: Efficient Operations
Plan land use and design projects to allow the City to main-
tain efficient operations in the delivery of services including,
community centers, parks, roads, and storm drainage,and
other infrastructure.
LU-35
CHAPTER 3
Land Use and Community Design Element
utilizing that formula. Properties that have already been
since subdivided in conformance with the above designa-
tion have no further subdivision potential for residential
purposes.
Strategy LU-12.1.4: Existing lots in Foothill Modified and
Foothill Modified 1/2—acre Slope density designations.
Require discretionary review with a hillside exception for
hillside or R1 properties if development is proposed on
substandard parcels on slopes per the R1 and RHS zoning.
Policy LU-12.2: Clustering Subdivisions
Cluster lots in major subdivisions and encourage clustering
in minor subdivisions,for projects in the 5-20-acre slope
density designation. Reserve 90 percent of the land in
private open space to protect the unique characteristics of
the hillsides from adverse environmental impacts. Keep the
open space areas contiguous as much as possible.
Policy LU-12.3: Rural Improvement Standards in
Hillside Areas
Require rural improvement standards in hillside areas to
preserve the rural character of the hillsides. Improvement
standards should balance the need to furnish adequate util-
ity and emergency services against the
Strategy LU-12.3.1: Grading. Follow natural land contours
and avoid mass of grading of sites during construction,
especially in flood hazard or geologically sensitive areas.
Grading hillside sites into large,flat areas shall be avoided.
Strategy LU-12.3.2: Roads. Roads should be narrowed to
avoid harming trees and streambeds.
Strategy LU-12.3.3:Trees. Retain significant specimen
trees,especially when they grow in groves or clusters and
integrate them into the developed site.
LU-41
COMMUNITY VISION 2040
City of Cupertino
Oak Valley Neighborhood
GOAL LU-29
RETAIN • D ENHANCE
OAKVALLEY AS • UNIQUE
NEIGHBORHOOD SURROUNDED
BY • ' • AREAS AND
PRIVATE AND PUBLIC SPACE
Policy LU-29.1: Development Intensity
Require development intensity for the single-family Oak
Valley neighborhood to be consistent with the development
agreement that includes the use permit and other approv-
als.The development agreement describes development
areas, intensity and styles of development,public park
dedication,tree protection,access and historic preserva-
tion.The theme of the approvals is to balance development
with environmental protection by clustering development,
setting it back from sensitive environmental areas and pre-
serving large areas as permanent open space.
Policy LU-29.2: Design Elements
Require buildings to reflect the natural hillside setting
as required in residential hillside zones with traditional
architectural styles and natural materials and colors. Larger
building elements should be scaled to respect the existing
development in the surrounding area.
LU-76
Search results
schools
CHAPTER 3
Land Use and Community Design Element
has made strides towards improving walkability and bike-
ability by retrofitting existing streets to include bike lanes;
creating sidewalks lined with trees along major boulevards;
and encouraging development to provide a more pedestri-
an-oriented frontage with active uses,gathering places and
entries lining the street.
As the City seeks to implement sustainability and com-
munity health objectives,future growth and retrofitting
of existing infrastructure will create vibrant mixed-use,
commercial,employment and neighborhood centers;
pedestrian-oriented and walkable spaces for the community
to gather;and distinct and connected neighborhoods with
easy walkable and bikeable access to services, including
schools, parks and shopping.
Historic Preservation
The Cupertino area was originally settled by the Ohlone
Indians,who lived in the Rancho San Antonio area for over
3,000 years. In 1776 the area was explored by Spanish
soldiers during an expedition let by Colonel Juan Batista
De Anza.The area was later settled by European immi-
grants who established farms on the valley's fertile land and
enjoyed a thriving agricultural economy.
In the late nineteenth century,the village of Cupertino
sprang up at the crossroads of Saratoga-Sunnyvale Road
(De Anza Boulevard)and Stevens Creek Road. It was first
known as the West Side. However, by 1898 the post office
at the Crossroads needed a new name to distinguish it from
other similarly named towns.The name "Cupertino" came
from a local creek and winery owned by John T. Doyle,a
San Francisco lawyer and historian. In 1904,the Cupertino
name was officially applied to the Crossroads post office.
At the same time,the Home Union Store at the Crossroads
location was renamed the Cupertino Store and moved to
the northeast corner of the Crossroads.
LU-5
CHAPTER 3
Land Use and Community Design Element
enhancing its built environment.Cupertino's vision is to
preserve the distinct character of neighborhoods; provide Priority Development Areas
walking and biking connections to services including parks, In 2008,ABAG and the MTC
schools and shopping;and revitalize neighborhood centers created a regional initiative
as community gathering places.The City will welcome to allow local governments to
citizens as partners in making sure that their neighborhoods identify Priority Development
are the kind in which they want to live in the future. Areas(PDAs). PDAs are areas
Regional Land Use Planning where new development will
support the day-to-day needs
The Sustainable Communities and Climate Protection Act of of residents and workers in a
2008(SB 375)calls on each of the State's 18 metropolitan pedestrian-friendly environment
areas to develop a Sustainable Communities Strategy(SCS) served by transit.While PDAs
to accommodate future population growth and reduce were originally established to
greenhouse gas emissions from cars and light trucks. Plan address housing needs infill
Bay Area,jointly adopted in 2013 by the Association of communities,they have been
Bay Area Governments(ABAG)and the Metropolitan broadened to advance focused
Transportation Commission(MTC), is the region's first employment growth. PDAs are
Sustainable Communities Strategy to meet the require- critical components for imple-
ments of SB 375 through the year 2040. menting the region's proposed
Plan Bay Area anticipates that the Bay Area's population will long term growth strategy.The
grow from about 7 million today to approximately 9 million level of growth in each PDA
by 2040 with employment growth of about 1.1 million jobs. reflects its role in achieving
The Plan provides a strategy for meeting 80 percent of the regional objectives and how it
region's future housing needs in Priority Development Areas fits into locally designated prior-
(PDAs).These are neighborhoods within walking distance of ity growth plans. Cupertino's
frequent transit service,offering a wide variety of housing PDA area includes properties
options,and featuring amenities such as grocery stores, within a quarter mile of Stevens
community centers and restaurants. Creek Boulevard from Highway
85 to its eastern border and a
Cupertino's Demographics portion of North and South De
Cupertino's population has grown from 3,664 in 1960 to Anza Boulevards.
over 58,000 in 2010 per the U.S.Census Bureau. Most of
the population growth has been from annexation of areas
into the city and from tract development during the 1970s
and 1980s.The city's population is projected to grow to
LU-7
COMMUNITY VISION 2040
City of Cupertino
change in corridors that support all modes of transit,
providing neighborhoods with easy access to schools,
parks and neighborhood centers.
4. Land use and economics.The City will look to diversify
the City's tax base,support and retain existing busi-
nesses, increase the vitality of aging commercial centers
with redevelopment,seek to diversify shopping oppor-
tunities so that the community has the opportunity to
satisfy their shopping needs within Cupertino.
S. Urban design,form and character.The City will seek
high-quality development to achieve desired physical
environment in Planning Areas, including walkable,
connected neighborhoods, inviting streets that allow
for different modes of transportation, and vibrant and
walkable special areas,and neighborhood centers in
keeping with Community Vision 2040.
6. Preservation of natural environment and hillsides.
Cupertino is blessed with an abundance of natural
resources, including hillsides,creek corridors,and sensi-
tive animal and plant habitats along the foothills. Much
of this land is preserved in low-intensity residential and
agricultural uses or open space.As redevelopment
occurs,the City will strive to preserve these natural
areas through land use and building design decisions.
7. Economic Vitality and Fiscal Stability.As Cupertino's
population grows and ages,demands on commu-
nity resources will increase. In order to maintain and
enhance the community's quality of life,the City will
ensure that existing businesses are encouraged to rein-
vest and grow in Cupertino,and that the city continues
to attract new businesses and investment.
LU-12
CHAPTER 3
Land Use and Community Design Element
Policy LU-10.5: Annexation
Actively pursue the annexation of unincorporated proper-
ties within the City's urban service area, including the
Creston neighborhoods,which will be annexed on a parcel-
by-parcel basis with new development.Other remaining
unincorporated islands will be annexed as determined by
the City Council.
Access to Community Facilities and Services
The City will seek to improve connectivity and access to
public facilities and services, including De Anza College.
•A
LIBRARYMAINTAIN AND ENHANCE
COMMUNITY ACCESS TO
SCHOOLAND PROVIDED"
BY OTHER AGENCIES
Policy LU-11.1: Connectivity
Create pedestrian and bicycle access between new
developments and community facilities. Review existing
neighborhood circulation to improve safety and access for
students to walk and bike to schools, parks, and community
facilities such as the library.
Policy LU-11.2: De Anza College
Allow land uses not traditionally considered part of a col-
lege to be built at De Anza College, provided such uses
integrate the campus into the community, provide facilities
and services not offered in the City and/or alleviate impacts
created by the college.
LU-39
COMMUNITY VISION 2040
City of Cupertino
Neighborhoods
The City has many neighborhoods,each with its own
distinctive character and setting.These neighborhoods
play a vital role in supporting Cupertino's great quality of
life. Neighborhood goals and policies help preserve and
enhance the quality of life by protecting neighborhood
character and improving walking and biking connections
to parks,schools and services. Neighborhoods typically
offer a variety of housing choices to meet a spectrum of
community needs.The following general goal, policies and
strategies apply to all neighborhoods in the city.
GOAL LU-27
PRESERVE NEIGHBORHOOD
CHARACTER AND ENHANCE
CONNECTIVITY • NEARBY
SERVICES • CREATE COMPLETE
NEIGHBORHOODS
Policy LU-27.1: Compatibility
Ensure that new development within and adjacent to resi-
dential neighborhoods is compatible with neighborhood
character.
Strategy LU-27.1.1: Regulations. Maintain and update
design regulations and guidelines for single-family devel-
opment that address neighborhood compatibility and
visual and privacy impacts.
Strategy LU-27.1.2: Neighborhood Guidelines. Identify
neighborhoods that have a unique architectural style,
historical background or location and develop plans that
preserve and enhance their character. Support special zon-
ing or design guidelines(e.g.,the Fairgrove Eichler neigh-
borhood)and single-story overlay zones in neighborhoods,
where there is strong neighborhood support.
LU-72
CHAPTER 3
Land Use and Community Design Element
Strategy LU-27.1.3: Flexibility.When neighborhoods are
in transition,add flexibility for requirements for new devel-
opment that acknowledge the transition while continuing to
respect the existing neighborhood.
Strategy LU-27.1.4: Late Night Uses. Discourage late-
evening entertainment activities such as night-clubs in
commercial areas where parcels are especially narrow,
abut single-family residential development,and cannot
adequately provide visual and noise buffers.
Policy LU-27.2: Relationship to the Street
Ensure that new development in and adjacent to neighbor-
hoods improve the walkability of neighborhoods by provid-
ing inviting entries,stoops and porches along the street
frontage,compatible building design and reducing visual
impacts of garages.
Policies LU-27.3: Entries.
Define neighborhood entries through architecture,or land-
scaping appropriate to the character of the neighborhood.
Gates are discouraged because they isolate developments
from the community.
Policy LU-27.4: Connections.
Support pedestrian and bicycling improvements that
improve access with neighborhoods to parks,schools and
local retail, and between neighborhoods. Support traffic
calming measures rather than blocking the street to reduce
traffic impacts on neighborhoods.
Policy LU-27.5: Streets.
Determine appropriate street widths, bike lane,sidewalk
and streetlight design to define the unique character of
neighborhoods,where appropriate.
LU-73
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I
ob
CHAPTER 3
Land Use and Community Design Element
enhancing its built environment.Cupertino's vision is to
preserve the distinct character of neighborhoods;provide Priority Development Areas
walking and biking connections to services including parks, In 2008,ABAG and the MTC
schools and shopping;and revitalize neighborhood centers created a regional initiative
as community gathering places.The City will welcome to allow local governments to
citizens as partners in making sure that their neighborhoods identify Priority Development
are the kind in which they want to live in the future. Areas(PDAs).PDAs are areas
Regional Land Use Planning where new development will
support the day-today needs
The Sustainable Communities and Climate Protection Act of of residents and workers in a
2008(SB 375)calls on each of the State's 18 metropolitan pedestrian-friendly environment
areas to develop a Sustainable Communities Strategy(SCS) served by transit.While PDAs
to accommodate future population growth and reduce were originally established to
greenhouse gas emissions from cars and light trucks.Plan address housing needs in infill
Bay Area,jointly adopted in 2013 by the Association of communities,they have been
Bay Area Governments(ABAG)and the Metropolitan broadened to advance focused
Transportation Commission(MTC),is the region's first employment growth.PDAs are
Sustainable Communities Strategy to meet the require- critical components for imple-
ments of SB 375 through the year 2040. menting the region's proposed
Plan Bay Area anticipates that the Bay Area's population will long term growth strategy.The
grow from about 7 million today to approximately 9 million level of growth in each PDA
by 2040 with employment growth of about 1.1 million jobs. reflects its role in achieving
The Plan provides a strategy for meeting 80 percent of the regional objectives and how it
region's future housing needs in Priority Development Areas fits into locally designated prior-
(PDAs).These are neighborhoods within walking distance of ity growth plans.Cupertino's
frequent transit service,offering a wide variety of housing PDA area includes properties
options,and featuring amenities such as grocery stores, within a quarter mile of Stevens
community centers and restaurants. Creek Boulevard from Highway
85 to its eastern border and a
Cupertino's Demographics portion of North and South De
Cupertino's population has grown from 3,664 in 1960 to Anza Boulevards.
over 58,000 in 2010 per the U.S.Census Bureau.Most of
the population growth has been from annexation of areas
into the city and from tract development during the 1970s
and 1980s.The city's population is projected to grow to
LU-7
CHAPTER 3
Land Use and Community Design Element
2006(AB 32)and Executive Order 5-3-05 set a target to
reduce California's greenhouse gas emissions to 1990 levels
by year 2020 and by 80 percent below the 1990 levels
by year 2050.The City is in the process of completing its
Climate Action Plan(CAP),which aims to achieve statewide
and Bay Area emissions reduction targets.
The CAP is based on 2040 growth projections for Cupertino
and identifies policies and strategies to reduce greenhouse
gas emissions at a municipal and community-wide level.
Similar to most neighboring cities,Cupertino has historically
had an imbalance of land uses(housing,services and jobs)
with a roadway infrastructure primarily dedicated to the
automobile.When this imbalance is multiplied at a regional
level,there are regional consequences including,traffic
congestion, high housing costs, increased air pollution and
lack of accessibility for the young,elderly and disabled.
Economic Vitality
Cupertino is fortunate in its location in the heart of Silicon
Valley. Despite its mostly suburban characteristics to the
west and south,the city is home to a number of small,
medium and large software,technology and biomedical
companies.Community Vision 2040 includes more office
growth to support a strong fiscal revenues and a stable tax
base. In particular, policies focus on retaining and increasing
the number of small, medium and major businesses in key
sectors and provide flexible space for innovative startups
that need non-traditional office environment. Policies for
commercial areas seek to revitalize the Vallco Shopping
District,and enhance commercial centers and neighbor-
hood centers,which contribute to the City's tax base and
serve community needs.
LU-9
I
04,Y
Subject: I am blinded by the light!-more input for May 19,2015 City Council meeting GPA Agenda item �]
From: Lisa Warren(la-warren@att.net)
To: cftycouncil@cupertino.org,planningcommission@santaclaraca.gov,
Cc: davidb@cupertino.org;aartis@cupertino.org,carolk@cupertino.org;cityclerk@cupertino.org;
Bcc: la-warren@att.net; EXHIB- IT
Date: Friday,May 8,2015 3:50 PM
City Council members, etc.
Pamela McDaniel will be unable to attend the May 19, 2015 City Council meeting, but would like me to share this very important
information with all of you.
Please see below..... both the written portion... and of course the visual aid.
I attended the Santa Clara Planning Commission and City Council meetings on the subject,and met Pamela at that time(August 2014).
In addition, I will be sending another email to all of you that contains the formal written response from the City of Cupertino- related
to the proposed building.
Please include Pamela's information in the public records for anything related to Cupertino's General Plan discussions, including the May
19, 2015 meeting
Thank you.
Lisa Warren
ps...the photos were far more dramatic in person
----Forwarded Message-----
From:Pamela McDaniel<Pamela.McDaniel@synopsys.com>
To:Lisa Warren<la-warren@att.net>
Sent:Friday,May 8,2015 2:25 PM
Subject:RE:the glare/reflection in your home from the building on the'IHOP'site
Hi Lisa,
I apologize for my delay getting back to you.
Attached is the email that I send the Santa Clara city council last year(that you saw at the meeting).
Good luckl!
-Pamela
Pamela McDaniel
pamelam(cilsvnopsys.com
1-650-584-1922
Dear Mayor Matthews,Vice Mayor Marsalli,Ms.Davis,Ms.Gillmor,Mr.Kolstad,Ms.Mahan,and Ms.O'Neill,
I want to thank you very much for your unanimous decision to deny the addition of 3 floors to the already approved 6-story building on Stevens Creek Boulevard.I really
appreciate your listening to my concerns(and to those of others who spoke and wrote),and then weighing the pros and cons of the resolution last night.I am very pleased
with your decision.
I can't say that I'm happy that there is another 6-story building going up behind my house.But I can say that I am very relieved that it is not 9-stories tall.
Thank you again for your careful consideration.
Best regards,
Pamela
From:Pamela McDaniel
Sent:Sunday,August 24,2014 12:54 PM
To:'MayorAndCouncil@santaclaraca.gov','Manager@santaclaraca.gov'
Cc:Pamela McDaniel
Subject:Reasons why I am opposed to 9-story building on Stevens Creek Blvd(8/26/2014 council meeting,agenda item 7A)
Dear Mayor Matthews,Vice Mayor Marsalli,Ms.Davis,Ms.Gillmor,Mr.Kolstad,Ms.Mahan,Ms.O'Neill,and Mr.Fuentes,
I am opposed to increasing the building height from 6 to 9 floors of the 5403/5405 Stevens Creek Office Project(item#7A on the 8/26/2014 City Council Meeting
agenda).Because the first 6 story building in this project was completed earlier this year,we can use it to gauge the impact of the proposed increased in building height.I
hope you will take the time to read my concerns below before voting on this resolution.
As a resident of the Westwood Oaks neighborhood of Santa Clara,I would like to share with you some of my reasons for opposing the addition of 3 floors to the height of
the currently approved/proposed six-story building on Stevens Creek Boulevard.This is not a complete list,and it is not in any particular order.
- A 9-story building is too tall for this area.I have attached 3 pictures that show the visual impact of this building on the nearby residential neighborhoods.
o It will have a negative visual impact on and decrease privacy for Santa Clara's Westwood Oaks residential neighborhood—a neighborhood of land 2
story single family homes.Please see the pictures that I've attached.
One shows the existing 6-story building that is easily seen from this residential neighborhood.(Photo taken from corner of Dawson and Sullivan,
facing south).
Another shows the south-facing view from my bedroom window.This view is now dominated by the new 6-story building.The 9-story building
would tower just to the left in this picture.
o It will have a negative visual impact on and decrease privacy on Cupertino's Rancho Rinconada residential neighborhood just south of the proposed
building.This neighborhood has 1 and 2-story single family homes.
I've attached a picture taken on Stern Avenue(Cupertino)facing north.
A 9-story building will increase the light pollution,and blinding reflections of the sun in the area.The current 6-story building focuses morning sunlight into a
direct,blinding beam that reflects directly into the south facing windows all along the back of my house.Please see the attached picture taken this morning of this
focused light reflecting into my windows.
The additional office space will result in increased traffic and decreased safety on the area's streets.
o Cupertino High School(with over 2,000 students)is located here.You can see many of the students walking,biking and driving to and from school.
Many of these students are residents of Santa Clara,including 2 of my children.
o Traffic already routinely backs up from Stevens Creek Blvd onto Lawrence Expressway and Highway 280,even when it is not rush hour.
o There are 9 traffic lights on Stevens Creek Blvd in the 1.2 mile section from Cabot Avenue(in Santa Clara,across from Safeway)to Wolfe Road in
Cupertino.That indicates how big an issue the traffic already is in this area.
o Currently during morning rush hour traffic,it can take 30 minutes to travel the 1.2 miles on Stevens Creek Blvd from Cabot Ave to Wolfe Road.This is
before these already approved additional projects are completed along this stretch Stevens Creek Blvd that will dramatically increase traffic.These projects
were not all considered as part of the EIR originally.
204 two-and three-bedroom housing units at the Nineteen800 apartments complex next to Vallco Mall.
The Apple campus with projected 14,500 employees along Tantau Road.
The new Cupertino downtown featuring retail stores and a 180-room hotel that is currently under construction at the corner of Tantau Road and.
The already approved 6 story office building(without the 3 story additional floors).
o With the additional office space and resulting increase in commuters,people will continue to look for shortcuts through neighborhoods to decrease their
commute time and avoid the Lawrence Expressway/Stevens Creek Blvd gridlock.This will likely result in more traffic on Pruneridge Avenue in the
Westwood Oaks neighborhood.
o Based on the speed limit tracker in my picture from Stern Avenue,I am willing to bet that there are speeding and traffic issues in this Cupertino
neighborhood already and people try to get to the recently installed traffic light at Stern and Stevens Creek.The additional office space will add to cars and
traffic through this Cupertino residential neighborhood.
I have a concern about the public notification of this agenda item.I believe that a larger area should be noticed because this is such a tall building and will be visible from
a large distance.I spoke with the Associate Planner at the August 6th Planning Commission meeting.Together we looked at the city map on the wall.The Associated
Planner agreed that posting fliers and sending notices along Hancock Drive(in Santa Clara)was appropriate,and promised to notify the residents on this street.It is
Sunday,August 24 now.I have not seen any fliers posted on the street poles along Hancock Drive,and I have not received one at my house.I did see 1 flier posted on
Stem Avenue next to the 7-Eleven store in Cupertino,but not on any street poles on the area of that street where residents would see them near their homes.
I understand that it is desirable to have more office space in Santa Clara.But 5409 Stevens Creek Boulevard is not the correct location for a 9-story building.I am sure
that Santa Clara can find other,much more suitable locations for 9-story tall buildings,perhaps in industrial areas away from residential neighborhoods in Santa Clara and
in Cupertino.
Please feel free to call or email me if there are any questions on my list above,my photographs,or on my views on this project.
Thank you for your consideration.
Best regards,
Pamela McDaniel
Voting resident of Santa Clara since 1990;Voting resident of Westwood Oaks since 1994
3888 Hancock Drive,Santa Clara,CA 95051
1-408-246-6888
pamel amasynopsys.com
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